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Redevelopment Project Area No. 1 - AmendmentsSTAFF REPORT PLANNING COMMISSION MEETING DATE: FEBRUARY 8, 1994 REQUEST: RESOLUTION APPROVING THE PRELIMINARY PLAN FOR THE AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. REPRESENTATIVE: EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY ISSUE: California Community Redevelopment Law, Health and Safety Code Sectin 33000 et. sea. (the "Law") requires that the Planning Commission and the Redevelopment Agency cooperate in the selection of project areas and in the preparation of a preliminary plan. The Redevelopment Agency is requesting that the Planning Commission consider and adopt the attached Preliminary Plan, which will initiate the proceedings to amend the Redevelopment Plan for Project No. 1. BACKGROUND: On April 13, 1993, the Planning Commission approved the Preliminary Plan for the merger of Redevelopment Projects Nos. 1 and 2; this approval initiated proceedings to merge the. Agency's two Projects into a single, consolidated project. Subsequent to the Planning Commission's action, Agency staff conducted a series of discussions with representatives of the taxing entities that receive revenue from both Projects to assess the fiscal implications of the merger. As a result of these discussions, Agency staff concluded that a merger would detrimentally affect the financial position of Project No. 2. Further, a subsequent litigation settlement between the Agency and the County of Riverside regarding Project No. 1 tax increment supported this conclusion. However, the fiscal project, and time constraints embodied in the Project No. I Redevelopment Plan continue to warrant an amendment to modify these limitations which constrain the Agency's ability to implement a comprehensive redevelopment program. In order to initiate an amendment involving only the Redevelopment Plan for Project No. I (the "Amendment"), Agency staff and consultants have prepared a new Preliminary Plan for the Commission's consideration. Through the Amendment, the Agency will address the financial and time constraints, and expand the public infrastructure and facilities project list. The proposed Amendment will not modify the boundaries, nor add territory, of Project Area No. 1. The Redevelopment Law prescribes that the Agency must follow the process set forth for fe adopting or amending redevelopment plans when undertaking this Amendment. As such, the Planning Commission is required to formulate and approve a Preliminary Plan for the proposed Amendment. PCST.164 1 ANALYSIS/FISCAL IN4PACT: W The contents of the Preliminary Plan are prescribed by the Redevelopment Law. Generally, the Preliminary Plan must include a description of the boundaries of the Project Area, a general description of the existing land uses, layout of principle streets, proposed population densities and building intensities, the general objectives of the Preliminary Plan, a statement of conformity to the General Plan, and a discussion of any potential impacts to surrounding neighborhoods A public hearing is not required prior to the approval of a Preliminary Plan. Further, approval of the Preliminary Plan does not obligate the Planning Commission to give final approval to the Amendment. RECOMMENDATION: That the Planning Commission adopt Resolution 94-_ approving the Preliminary Plan for the Amendment to La Quinta Redevelopment Project No. 1 and submitting the Preliminary Plan to the Redevelopment Agency for their acceptance. 0 PCST. 164 [A mmm® Project Area Boundaries EXHIBIT 112" PROJECT AREA NO.1 MAP ROSENOW SPEVACEK GROUP INC. IA I a, PLANNING COMMISSION RESOLUTION 94-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS PROPOSED TO BE AMENDED WHEREAS, the La Quirta Redevelopment Agency (the "Agency") has established boundaries and formulated a Redevelopment Plan for the La Quinta Redevelopment Project (the "Project" or "Project No. I") as approved by Ordinance 43 of the City of La Quinta (the "City"); and, WHEREAS, the Agency and the City desire to consider the amendment of the Redevelopment Plan (the "Original Plan") for the Project; and, W ?EREAS, pursuant to such amendment (the "Proposed Amendment") it is contemplated that various provisions of the Original Plan would be amended, but that no change be made to the boundaries of the Project; and, WHEREAS, a draft Preliminary Plan Has been formulated and has been received by the Planning Commis. -,ion in the form submitted herewith; and, WHEREAS, the obiectives of the Project, as well as the public health, safety, welfare, and morass, would be furthered by the Project Amendment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Preiintinary Plan formulated for the La Quinta Redevelopment Project as submitted herewith is hereby accepted and approved. SECTION 2. Staff is authorized and directed to transmit the Preliminary Plan together with a copy of this Resolution to the Agency. PASSED, .APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this Sth day of February, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RESOPC.128 Conimissionets Adolph, Elison, Marrs, Abeis, Chairwoman Barows None None None 11 Resolution 94- ATTEST: HER La 0 1, Panning Director Caffornia KA IE BARROWS, Chairwoman City of La Quinta, California RESOPC.128 ilI1T- a c.•� 'iii REDEVELOPMENT AGENCY MEETING DATE: February 15, 1994 ITEM TITLE: Consideration of a Resolution Approving the Preliminary Plan for the Amendment to La Quinta Redevelopment Project No. 1 AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: SUMMARY: California Community Redevelopment Law, Health and Safety Code Section 33000 et. sea. (the "Law") requires that the Planning Commission and the Redevelopment Agency cooperate in the preparation of a Preliminary Plan for project amendments. On February S, 1994, the Planning Commission approved the attached Preliminary Plan for the Amendment to La Quinta edevelopment Project No. 1; staff is requesting Redevelopment Agency consideration and approval of said Preliminary Plan. This Plan Amendment is vital to the Redevelopment Agency's Infrastructure Financing Program. FISCAL IMPLICATIONS: None at this time. RECOMMENDATION: Adopt Resolution No. 94- , a Resolution of the La Quinta Redevelopment Agency receiving the Preliminary Plan for the La Quinta Redevelopment Project No.l as proposed to be amended, and authorizing staff to make such transmittals as may be required pursuant to Section 33327 of the Law. Submitted by: Signature Approved for submission to Chairman and members of the La Quinta Redevelopment Agency: ROBERT L. HUNT, EXECUTIVE DIRECTOR 0 onorable Chair and Members of the Redevelopment Agency FROM: Thomas P. Genovese, Assistant Executive Director DATE: February 15, 1994 SUBJECT: Consideration of a Resolution Approving the Preliminary Plan for the Amendment to La Quinta Redevelopment Project No. 1 ISSUE: California Community Redevelopment Law, Health and Safety Code Section 33000 et. seg. (the "Law") requires that the Planning Commission and the Redevelopment Agency cooperate in the preparation of a Preliminary Plan for project amendments. On February 8, 1994, the Planning Commission approved the attached Preliminary Plan for the Amendment to La Quinta Redevelopment Project No. 1; staff is requesting Redevelopment Agency consideration and approval of said Preliminary Plan. This Plan Amendment is vital to the Redevelopment Agency's Infrastructure Financing Program. BACKGROUND: On May 18, 1993, the Agency approved the Preliminary Plan for the merger of Redevelopment Project Nos. 1 and 2; this approval initiated proceedings to merge the two Projects into a single, consolidated project. Subsequent to this action, Agency staff conducted a series of discussions with representatives of the taxing entities that receive revenue from both Projects to further assess the fiscal implications of the merger. As a result of these discussions, Agency staff concluded that a merger would detrimentally affect the financial position of Project No. 2. Further, the subsequent litigation settlement between the Agency and County of Riverside regarding Project No. 1 tax increment supported this conclusion. However, the fiscal, public facility and infrastructure projects, and time constraints embodied in the Project No. 1 Redevelopment Plan continue to warrant an amendment to modify these limitations which constrain the Agency's ability to implement a comprehensive redevelopment program. In order to initiate an amendment involving only the Redevelopment Plan for Project No. 1 (the "Amendment"), Agency staff and consultants have prepared a new Preliminary Plan for the Agency's consideration. The Amendment will address the financial and time constraints of the existing Plan (the Amendment is intended to increase the bond debt limit from $35 million to $100 million and increase the tax increment limit from $300 million to $900 million) and expand the public infrastructure and facilities project list. The proposed Amendment will not modify the boundaries of, nor add territory, to Project Area No. 1. ANALYSIS/FISCAL IMPACT: The contents of the Preliminary Plan are so prescribed by the Redevelopment Law. Generally, the Preliminary Plan must include a description of the boundaries of the Project Area, a general description of the existing land uses, layout of principle streets, proposed population densities and building intensities, the general objectives of the Preliminary Plan, a statement of conformity to the General Plan, and a discussion of any potential impacts to surrounding neighborhoods. A public hearing is not required prior to the approval of a Preliminary Plan. Further, approval of the Preliminary Plan does not obligate the Agency to give final approval to the Amendment. It is evident that four of the five Agency Board Members either live or have assets within the Project Area. Therefore, the Agency Legal Counsel will make a determination at the meeting that due to the large percentage of residential homes that are within Project Area No. 1, there is considered to be no conflict for any Board Members that own property in the area because their interest is no different than "the public" generally in this particular circumstance. There is no fiscal impact at this time. RECOMMENDATION: Approve Resolution No. 94 , a Resolution of the La Quinta Redevelopment Agency receiving the Preliminary Plan for the La Quinta Redevelopment Project No.1 as proposed to be amended, and authorizing staff to make such transmittals as may be required pursuant to Section 33327 of the Law. E L u LA QUINTA REDEVELOPMENT AGENCY MINUTES FEBRUARY 15, 1994 Regular meeting of the La Quinta Redevelopment Agency was called to order by Chairman Sniff. PRESENT: Board Members Bangerter, McCartney, Pena, Perkins, Chairman Sniff ABSENT: None CONFIRMATION OF AGENDA See Confirmation in City Council Minutes of February 15, 1994. APPROVAL OF MINUTES MOTION - It was moved by Board Members McCartney/Bangerter that the Minutes of February 1, 1994 be approved as submitted. Motion carried unanimously. PUBLIC COMMENT - None BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY PLAN FOR THE AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECT NO. 1. Ms. Honeywell, Agency Counsel, asked that each Board Member report for the record any property holdings within the amended Project Area No. 1. She noted that it will probably be found that four of five of the members do have property interests. Those who have only residential interests, we will be able to make a finding that their interest is no different than the public generally because there are so many residential properties within this area. For those who have leased property, the same rule applies. However, for those holding property for development purposes would have to abstain. At this point, Board Member Bangerter abstained due to conflicts of interest and left the dais. For the record, the Board Members declared their property interests: Chairman Sniff - residence is at 51-150 Avenida Madero. ® Redevelopment Agency Minutes 2 February 15, 1994 Board Member Pena - residence is at 51-910 Avenida Navarro and a business at 77-965 Avenida Montezuma. Board Member McCartney - residence is at 55-523 Oakhill. Board Member Perkins has no property interests within the project area. Mr. Genovese, Ass't. Executive Director, advised that on February 8th, the Planning Commission approved the Preliminary Plan for the amendment to the Redevelopment Project Area No. 1, as contained in the staff report. Staff asked for Agency approval of the Plan, which is vital to the Agency's infrastructure financing program. RESOLUTION NO. RA 94-2 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY RECEIVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS PROPOSED TO BE AMENDED. It was moved by Board Members Pena/McCartney that Resolution No. RA 94-2 be adopted as submitted. Motion carried unanimously with Board Member Bangerter absent. 2. CONSIDERATION OF MIDYEAR BUDGET REPORT. MOTION - It was moved by Board Members Perkins/McCartney to approve the recommendations of staff as contained in the Midyear Report. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 1, 1994. 2. APPROVAL OF REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT REGARDING SANITARY SEWER IN THE INDIAN SPRINGS AREA. MOTION - It was moved by Board Members Bangerter/McCartney that the Consent 40 Calendar be approved as recommended with Item No. 2 being adopted by RESOLUTION NO. RA 94-3. Motion carried unanimously. RESOLUTION NO. RA 94-2 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY RECEIVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS PROPOSED TO TO BE AMENDED WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has established boundaries and formulated a Redevelopment Plan for the La Quinta Redevelopment Project (the "Project" or "Project No. 1 ") as approved by Ordinance No. 43 of the City of La Quinta (the "City"); and WHEREAS, the Agency and the City desire to consider the amendment of the Redevelopment Plan (the "Original Plan") for the Project; and WHEREAS, pursuant to such amendment (the "Proposed Amendment") it is contemplated that various provisions of the Original Plan would be amended, but that no change be made to the boundaries of the Project; and WHEREAS, a Preliminary Plan (the "Preliminary Plan") has been formulated and has been approved by the Planning Commission by its Resolution No. 94-004 ; and WHEREAS, the objectives of the Project, as well as the public health, safety, welfare and morals would be furthered by the Proposed Amendment; and NOW, THEREFORE, THE LA QUINTA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, AS FOLLOWS: Section 1: The Preliminary Plan formulated for the La Quinta Redevelopment Project is hereby accepted and approved. Section 1: Staff is authorized and directed to make such transmittals as may be required pursuant to Section 33327 of the Health and Safety Code, including confirmation of the equalized assessment roll which shall be used as the base roll. It is contemplated that there shall be no change to the base roll. PASSED, APPROVED and ADOPTED this 15th day of February 1994 by the following vote: AYES: Board Members Bangerter, McCartney, Pena, Perkins, Chairman Sniff NOES: None ABSENT: None ABSTAIN: None El Resolution No. RA 94-2 ATTEST: SAUNDRA L. 1UH , Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: STRADLING, YOCCA, fCARLSON & RAUTH Agency Legal Counsel � c STANLEY L. SNIFF, Chairman La Quinta Redevelopment Agency r PRELIMINARY PLAN AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECT NO. I February 1, 1994 Prepared for: La Quinta Redevelopment Agency 78495 Calle Tampico La Quinta, California 92253 619/777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 PRELIMINARY PLAN FOR THE AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECT NO. 1 TABLE OF CONTENTS SECTION I. INTRODUCTION..................................................................................I SECTION H. PROJECT AREA LOCATION AND DESCRIPTION ........................4 SECTION III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS......................................................................4 A. Land Use...................................................................................... 4 B. General Statement of Proposed Layout of PrincipalStreets............................................................................5 C. General Statement of Proposed Population Densities.....................6 D. General Statement of Proposed Building Intensities .......................6 E. General Statement of Proposed Building Standards ....................... 6 SECTION IV. ATTAINMENT OF THE PURPOSES OF THE LAW ........................7 SECTION V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY ......... 9 SECTION VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS.............................................................................. 9 EXHIBIT 1 CITY OF LA QUINTA REGIONAL LOCATION EXHIBIT 2 PROJECT AREA NO. 1 MAP I1;-��0 PRELI IINARY PLAN FOR THE AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECYNO. 1 I. INTRODUCTION This is the Preliminary Plan (the "Preliminary Plan") for the proposed amendment to the adopted Redevelopment Plan (the "Original Plan") for the La Quinta Redevelopment Project No. 1 (the "Project"). The La Quinta Redevelopment Agency (the "Agency") desires to initiate redevelopment plan amendment proceedings pursuant to the California community Redevelopment Law (the "Amendment") to: (1) increase the dollar limit on tax increment revenue the Agency may be allocated from the Project, (2) eliminate the current limit on the amount of bond debt the Agency may have outstanding at any one time (pursuant to the provisions enacted by Assembly Bill 1290), (3) establish new time periods within which the Agency may incur debt, commence eminent domain proceedings, and receive tax increment, and (4) expand the public projects list embodied in the Original Plan. When adopted, the Amended Redevelopment Plan for the Project (the "Amended Plan") will supersede and replace the Original Plan, and will guide all future redevelopment activities, projects, and programs in La Quinta Redevelopment Project Area No. 1 (the "Project Area"). The Amendment, however, will not affect the Agency's existing obligations or indebtedness. The City Council of the City of La Quinta activated the Agency on July 5, 1983. Shortly thereafter, in November 1983, the Agency adopted the Original Plan, which established the Project Area. The Project Area includes land designated for commercial, office, residential, retail, institutional, recreational and public uses. The Project Area has not been modified or amended since adoption. 1 02/07N4 Limitations of the Original Plan In 1993, Agency staff initiated discussions with the Agency Board regarding the current limitations of the Original Plan. These constraints hinder the Agency's ability to correct blighting conditions, promote economic development, and facilitate the construction of affordable housing. They involve the following: • A public projects list which does not accord with the broader statutory authority and enabling provisions of the Original Plan. In pursuing economic development, affordable housing, and other redevelopment activities, the Agency finds that public facility and/or infrastructure improvements are necessary to their success. The Original Plan does not include a comprehensive portfolio of infrastructure and public facility projects that are needed in the Project Area to accommodate development. The omission of these projects from the Original Plan restricts the Agency's efforts to fund their construction. • Financial limits which constrain the Agency's ability to complete current and initiate new redevelopment activities. The Agency has reached the current $35.0 million bond debt limit, and is projected to attain the existing $300.00 million tax increment limit prior to completing current projects. When this occurs, the Agency will not receive tax increment revenue and/or be able to incur additional debt necessary to finance the remaining Agency and taxing entity redevelopment projects. 11 2 ovo7roa • Expiration of the eminent domain authority that will inhibit future property consolidation (on a selective basis) which facilitates needed infrastructure projects and eradicates blighting conditions. Although, to date, this authority has been sparingly applied, its availability has been a necessary adjunct to redevelopment project negotiations, and may be critical if the Agency is to implement redevelopment programs when the state and the regional economies recover. Given these limitations, the Agency desires to proceed with the Amendment. The Amendment would address the limitations inherent in the Original Plan, and would provide the Agency with the maximum capabilities to pursue economic development and affordable housing opportunities throughout the Project Area. Prior Amendment/Merger Preliminary Plan On April 13, 1993, the La Quinta Planning Commission approved a preliminary plan which initiated a Project amendment designed to merge the Project with La Quinta Redevelopment Project No. 2, and rectify the aforementioned limitations. This amendment/merger was subsequently abandoned as a result of a litigation settlement agreement with the County of Riverside. Evaluation of the settlement agreement resulted in the decision to not merge the two Projects, but to instead proceed with this Amendment to address the limits embodied in the Original Plan. This Preliminary Plan has been prepared in accordance with Section 33324 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et. sea (the "Law"), which states that a preliminary plan should: (a) describe the boundaries of the project area; IS (b) contain a general statement of land uses, layout of principal streets, population densities, and building intensities and standards; w-hw.pJ.a 3 02/07/94 (c) show how the purpose of the Law would be attained by such implementation of the redevelopment plan; (d) show how the proposed redevelopment plan conforms to the general plan; and (e) describe, generally, the impact of a redevelopment project upon residents of the project area and surrounding neighborhoods. H. PROJECT AREA LOCATION AND DESCRIPTION The Project Area is located in the City of La Quinta, Riverside County, California. Located in the Coachella Valley, the City of La Quinta is 20 miles southeast of Palm Springs and 237 miles from Los Angeles. The City was incorporated in 1982 and encompasses an area of 28 square miles. The regional location of the City is depicted on Exhibit 1. The Project Area depicted on Exhibit 2 is bounded generally by Avenue 50 to the north, Jefferson Street to the east, Avenue 60 to the south, and the City limit boundary on the west. The Amendment does not propose to either add or delete property from the existing Project Area. III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS A. LAND USES The land uses permitted in the Project Area shall be in conformance with the City of La Quinta General Plan (the "General Plan"), the Zoning Ordinance of the City, and all other state and local building codes and guidelines as they now exist or are hereafter amended. The following uses are presently permitted by the General Plan: 4 02/07/94 RESIDENTIAL Very Low Density Low Density Medium Density High Density - COMMERCIAL Village Commercial Tourist Commercial Special Commercial Mixed Commercial General Commercial Commercial Park - OPEN SPACE - WATER COURSE/FLOOD CONTROL B. GENERAL STATEMENT OF PROPOSED LAYOUT OF PRINCIPAL STREETS The principal streets within the Project Area include Avenue 50, Avenue 52, Avenue 54, Avenue 58, Washington Street, Madison Street, and Jefferson Street. The layout of principal streets and those that may be developed in the future shall conform to the Circulation Element of the General Plan as currently adopted or as hereafter amended. Existing streets within the Project Area may be closed, widened or otherwise modified, and additional streets may be created as necessary for proper pedestrian and/or vehicular circulation provided they are consistent with the General Plan. h.T-dw*W 5 02/07/94 C. GENERAL STATEMENT OF PROPOSED POPULATION DENSITIES Permitted densities within the Project Area shall conform to the General Plan as currently adopted or as hereafter amended, and applicable ordinances and local codes. D. GENERAL STATEMENT OF PROPOSED BUILDING INTENSITIES Building intensity shall be controlled by limits on: (1) the percentage of the building site covered by the building (land coverage); (2) the ratio of the total floor area for all stories of the building to the area of the building site (floor area ratio); (3) the size and location of the buildable area on the building site; and (4) the heights of the building. The limits on building intensity shall be established in accordance with the provisions of the General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended. The land coverage, sizes and location of the buildable areas will be limited, as is feasible and appropriate, to provide adequate open space and parking. E. GENERAL STATEMENT OF PROPOSED BUILDING STANDARDS Building standards shall conform to the building requirements of applicable local codes and ordinances. The Agency may consider more restrictive requirements and may incorporate such requirements into the Amended Redevelopment Plan in the interest of the public health, safety and welfare. 11 6 02/07/94 IV. ATTAINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW The purposes of the Law are to protect and promote the sound development and redevelopment of economically, socially and physically deficient areas, and to protect the general welfare of the inhabitants of the communities in which they dwell. The Amendment would allow the Agency to more comprehensively attain these purposes by expanding the Agency's financial and statutory authority to alleviate conditions of blight, revitalize commercial areas, protect residential uses and neighborhoods, construct additional public improvement and facilities, and develop afibrdable housing. Through the Amendment, the Agency would address the following circumstances: Public Projects The Law requires that public facility and infrastructure projects must be listed in the redevelopment plan in order for an agency to fund their construction with tax increment revenue. As stated earlier, the existing public projects list is limited and does not accord with the broader statutory authority and enabling provisions of the Original Plan. Further, this list does not include public infrastructure and facilitates projects that are necessary to correct blight, accommodate economic development, and facilitate affordable housing construction. Further, language in the Original Plan frustrates the Agency's ability to gain outside financial support, or to provide needed funding to address particular public improvements. These improvements have been identified by the Agency as community development needs, which would alleviate blight resulting from poor traffic circulation, inadequate street improvements, flooding, and traffic safety. The Amendment would address this deficiency by adding infrastructure and public facility projects to the list of eligible projects. w�damw� 7 ovmroa Tax Increment Revenue Limits and Bonded Indebtedness The Law states that a redevelopment plan shall include limits on the tax increment revenue an agency may receive and the total bond debt outstanding at one time. The Agency has achieved the current bond debt limit and, as such, cannot issue additional bonds to fund new economic development, infrastructure, or housing projects; the Agency does, however, have the tax increment revenue capacity to support additional bond debt service payments. The existing tax increment limit is projected to be reached prior to repayment of existing debt obligations. This will constrain the Agency's ability to fund projects needed to address blight, and promote affordable housing opportunities. This Amendment will modify these limitations, by increasing the tax increment revenue limit, and eliminating the bond debt limit, pursuant to the provisions of the Law. Extend Time Limits In order to provide the Agency with the capability of repaying future indebtedness and fund additional projects, the Amended Plan will extend the time frames within which the Agency may incur indebtedness, implement redevelopment activities and programs, and receive tax increment revenue. Because funds necessary to finance existing and proposed redevelopment are paid over time, projects extending the time limits will allow the Agency to more fully realize the objectives of the Original Plan. Finally, the Agency seeks to establish a new 12-year duration on the use of eminent domain, as a last resort for property acquisition. While eminent domain historically has been rarely used, it can be a necessary adjunct to negotiations on selective projects involving land assembly and consolidation. 8 02/07194 V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY This Preliminary Plan conforms to the City of La Quinta General Plan, and proposes a consistent pattern of land uses and includes all highways and public facilities as indicated by the General Plan, as it now exists or is hereafter amended. VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS The impact of the Project will generally be in the areas of improved public infrastructure, facilities and services, improved living environment, increased and improved supply of affordable housing, and enhanced employment and economic activity. Redevelopment activities within the Project Area will provide for the improvement, development, replanning, redesign, reconstruction and rehabilitation of the area and the provision of commercial, industrial, public and other structures and open spaces in the interest of the general welfare of the community. It is also anticipated that redevelopment activities orchestrated by the Agency will provide additional employment opportunities and enhance the environmental quality of the community. Thus, the benefits of the Project affect the immediate and long-range economic viability of the entire City. The Amended Plan will be implemented as sufficient financial resources are available. Redevelopment projects are intended to be phased over a period of time, with only a limited amount of direct activity at any one time. Redevelopment projects will be subject to future review and approval by the City Council, Agency, La Quinta Planning Commission and other appropriate bodies after input has been solicited from affected residents, property owners and other interested parties. uqlmti`m� 9 02/07/94 KatzHollis LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROTECT AREA City of La Quinta Redevelopment Agency 083083 X&AARS Being a portion of Section 36, Township 5 South, Range 6 East, S.B.M.; all of Sections 1, 12, 13, 24 and 25, Township 6 South, Range 6 East, S.B.M. and a portion of Sections 6, 9, 21, 22 and all of Sections 5, 7, 8, 16, 17, 18, 19, 20, 29 and 30, Township 6 South, Range 7 East, S.B.M., described as follows: Beginning at the Northeast corner of Section 5, Township 6 South, Range 7 East, S.B.M.; Thence SOUTH along the East line of Section 5, Township 6 South, Range 7 East, S.B.M. to the Southeast corner of said Section 5; Thence Southeasterly along the centerline of Jefferson Street as shown on Map 786-VV, Official Records of the Surveyor, County of River- side, California, to the Northwest corner of Section 16, Township 6 South, Range 7 East, S.B.M.; Thence EAST along the North line of said Section 16 to the North- east corner thereof; Thence SOUTH along. the East line of said Section 16 to the South- east corner thereof, said corner also being the Northwest corner of Section 22, Township 6 South, Range 7 East, S.B.M.; Thence EAST along the North line of said Section 22 to the North- east corner of the Northwest one -quarter of said Section 22; Thence SOUTH along the East line of said Northwest one -quarter to the Southeast corner thereof; Thence WEST along the South line of said Northwest one -quarter and the South line of the Northeast one -quarter of Section 21, Township 6 South, Range 7 East, S.B.M. to the Southwest corner of said Northeast one -quarter, said corner also being the Northeast corner of the Northeast one -quarter of the Southwest one -quarter of said Section 21; ATTACHMENT "B" LEGAL DESCRIPTION FOR THE AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT AREA NO, I • U bq�vb"P_ • hatzHollis Thence SOUTH along the East line of said Northeast one -quarter of the Southwest one -quarter of Section 21 to the Southeast corner thereof; Thence WEST along the South line of said Northeast one -quarter of the Southwest one -quarter of Section 21 to the Southwest corner thereof, said corner also being on the East line of the West one-half of the Southwest one -quarter of said Section 21; Thence SOUTH along said East line to the Southeast corner there- of, said corner being on the South line of said Section 21; Thence WEST along the South line of said Section 21 to the South- west corner thereof, said corner also being the Northeast corner of Sec- tion 29, Township 6 South, Range 7 East, S.B.M.; Thence SOUTH along the East line of said Section 29 to the South- east corner thereof; Thence WEST along the South lines of said Section 29 and Section 30, Township 6 South, Range 7 East, S.H.N. to the Southwest corner of said Section 30, said corner being the Southeast corner of Section 25, Township 6 South, Range 6 East, S.B.M.; Thence continuing WEST along the South line of said Section 25 to the Southwest corner thereof; Thence NORTH along the West lines of Sections 25, 24, 13, 12 and 1, Township 6 South, Range 6 East, S.B.M. to the Northwest corner of said Section 1 thereof; Thence EAST along the North line of said Section 1 to the South- west corner of said Section 36, Township 5 South, Range 6 East, S.B.M.; Thence NORTH along the West line of said Section 36 to the North- west corner thereof; Thence EAST along the North line of Section 36 to the North one - quarter corner of said Section, said corner also being the Northeast corner of the Northwest one -quarter of said Section 36; Thence SOUTH along the West line of said Northwest one -quarter to the Southeast corner thereof, said corner also being the Northwest corner of the Southeast one -quarter of said Section 36; Exhibit 'B" r 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, Townshp 6 South, Range 7 East, S.B.N.; Thence EAST along the North line of said Section 5 to the point of beginning. The above described parcel of land contains 17.5 square miles, more or less. Exhibit "B" Page 4 RIVERSIDE Rlrotolds Counly DESERT ROT SPRINGS �^� 1 • PALM apqINOS < \ LA OU" AAW l EXHIBIT 11111 CITY OF LA QUINTA REGIONAL LOCATION ROSENO W SPEVACE K GROUP INC. E EXHIBIT 1 CITY OF LA QUINTA REGIONAL LOCATION A Project Area Boundaries Jill oil 1KIH 913 S-1 '4 1 --al - bg i1 I �-_ v 1®1_o.L j j 17 EXHIBIT 11211 PROJECT AREA NO. 1 MAP RoSENOW S P E V A C E K GROUP INC. EXHIBIT 2 PROJECT AREA NO. 1 MAP r U C E 1� t r Ot� � �../ • VM9Y N W �4 ti Cf'M OF COUNCIL MEETING DATE: March 15, 1994 ITEM TITLE: Consideration of a Resolution of the City Council of the City of La Quinta Adopting Procedures for the Formation and Election of a Project Area Committee for the La Quinta Redevelopment Project and Calling for the Formation of a Project Area Committee AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: SUMMARY: California Community Redevelopment Law requires that a Project Area Committee (PAC), consisting of property owners, tenants, business owners, and existing community organizations, be formed if a substantial number of low and moderate income households may be displaced by a redevelopment project. he Council is requested to conduct a public hearing and adopt the attached rocedure for Formation and Election of the Project Area Committee for the La Quinta Redevelopment Project No. 1. FISCAL IMPLICATIONS: The PAC Procedure requires the Agency to publish and mail, via first-class mail, the notice of a public meeting to form a PAC. This notice would be transmitted to residents, businesses, and existing community organizations within the Project Area. Total costs of this notice requirement will not exceed $7,000. Funding for the notice requirement and related services is contained in the Fiscal Year 1993/94 Redevelopment Agency Budget. APPROVED BY: RECOMMENDATION: Approve Resolution No. 94- adopting the Procedure for Formation and Election of the Project Area Committee for the Amendment to the La Quinta Redevelopment Project No. 1 and calling for the formation of a Project Area Committee. Submitted by: Approved for submission to Thomas P. Genovese, City Council: Assistant City Manager l Signature El E rZ 4 Cf'M or rKE�45 TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, Assistant City Manager�� DATE: March 15, 1994 RE: Consideration of a Resolution of the City Council of the City of La Quinta Adopting Procedures for the Formation and Election of a Project Area Committee for the La Quinta Redevelopment Project and Calling for the Formation of a Project Area Committee ISSUE: As a part of the effort to amend La Quinta Redevelopment Project No. 1, the City Council must establish a Project Area Committee. To establish a Project Area Committee, the City Council must adopt procedures for the formation and election of the Committee. BACKGROUND: Section 33385 of the Health and Safety Code requires the City Council to call upon the residents, businesses, and existing community organizations in a redevelopment project area to form a project area committee (PAC) if a substantial number of low and/or moderate income persons reside in the project area and the proposed redevelopment plan will contain provisions by which the agency may acquire such property by eminent domain. The proposed Redevelopment Plan for the Amendment to La Quinta Project No. 1 will provide for property acquisition through eminent domain; thus, a PAC is required pursuant to the Health and Safety Code. The primary role of the PAC is to provide policy input on matters relating to the planning and provision of residential facilities and replacement housing. Further, the PAC reviews all redevelopment documents prepared for the Amendment to the La Quinta Redevelopment Project No. 1 (the "Amendment"), and submits a report containing its recommendations to the Agency prior to the City Council/Agency joint public hearing. On June 15, 1993, the City Council affirmed the election results for a PAC for the previously proposed merger of Project Nos. 1 and 2. The PAC for the merger convened on three occasions, most recently on February 23, 1994, to discuss the implications of abandoning the merger and initiating the Amendment. Among the implications was the need to form a new PAC for the Amendment, while dissolving the PAC for the merger. As a result, the merger PAC has been disbanded; formal resignations of the merger PAC's members are forthcoming. The representatives from Project Area No. 1 who served on the merger PAC have been encouraged to seek positions on the PAC for the Amendment. ANALYSIS/FISCAL IMPACT: Prior to forming a PAC, State Redevelopment Law requires that the City Council adopt, at a public hearing, procedures to guide its formation. Exhibit A sets forth the Procedure proposed for Council consideration. The Law requires that residential owner occupants, residential tenants, business owners and representatives of existing community organizations within the Project Area be represented. The proposed number of representatives of each category is as follows: Category No. of Representatives Residential Owner -Occupant 2 Residential Tenant 2 Business Property Owner 1 Small Business Owner 1 (1-20 employees) Large Business Owner 1 (21 or more employees) Existing Community Organization 2 TOTAL This representation should provide a broad perspective when reviewing the proposed redevelopment program. Should an insufficient number of candidates be elected to the PAC, the composition of the PAC may be adjusted, in accordance with the Procedure. The PAC Formation Procedure calls for the election of PAC representatives by members of each respective group within the Project Area. On Wednesday, April 20, 1994, an information meeting/election will be held to acquaint the public with the PAC responsibilities and the selection process. Later that same evening, the parties will elect their respective representatives to the PAC. The City Council is scheduled to affirm the elected PAC • members for the PAC's representatives at its meeting on May 17, 1994. It is proposed that Agency staff, legal counsel, and consultants be designated as the PAC's staff. ® The PAC Procedure requires the Agency to publish and mail, via first-class mail, the notice of a public meeting to form a PAC. This notice would be transmitted to residents, businesses, and existing community organizations within the Project Area. Total costs of this notice requirement will not exceed $7,000. RECOMMENDATION: Approve Resolution No. 94- adopting the Procedure for Formation and Election of the Project Area Committee for the La Quinta Redevelopment Project No. 1. 11 11 ® City Council Minutes 20 March 15, 1994 Motion carried unanimously with Council Member Perkins voting NO. MINUTE ORDER NO. 94-77. 3. TENTATIVE TRACT 27840 - AMENDMENT #1 - TO ALLOW MODIFICATION AND ADDITION OF THREE RESIDENTIAL LOTS AND OTHER MISCELLANEOUS LOTS ON 55+ ACRES, LOCATED ON THE EAST SIDE OF WASHINGTON STREET SOUTH OF 48TH AVENUE WITHIN RANCHO LA QUINTA. APPLICANT: TD DESERT DEVELOPMENT. Mr. Herman, Planning Director, advised that this is Amendment No. 1 to subject tract which would add three residential lots and several miscellaneous lots. as well as modifying lot configurations. It will increase the lot count from 127 to 130. Staff has determined that the prior Environmental Impact Report (EIR) adequately addresses the proposed amendment. There was no public comment at the Planning Commission meeting regarding this matter. The Planning Commission recommended on a 5-0 vote approval of the amendment. Mr. Herman presented a copy of the tract map for Council's review. Mayor Pena declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 94-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A SUBDIVISION OF APPROXIMATELY 55 ACRES GENERALLY LOCATED SOUTH OF 48TH AVENUE AND EAST OF WASHINGTON STREET. TENTATIVE TRACT 27840, AMENDMENT JII. TD DESERT DEVELOPMENT. It was moved by Council Members Sniff/Bangerter that Resolution No. 94-25 be adopted subject to conditions. Motion carried unanimously. 4. CONSIDERATION OF A RESOLUTION ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT AND CALL FOR THE FORMATION OF A PROJECT AREA COMMITTEE. Mr. Genovese, Ass't. City Manager, advised that as part of the effort to amend La Quinta Redevelopment Project Area No. 1, a Project Area Committee (PAC) must be City Council Minutes 21 March 15, 1994 established by the City Council. To establish such a committee, procedures for the formation and election of the Committee must be adopted. He noted that the bylaws referenced in the resolution are available in the City Clerk's office. He further advised that the new PAC, as opposed to the merger, will replace the PAC previously installed. The members of the merger PAC will be asked to resign, and the City will move forward with the new PAC. He further noted that the City Attorneys office was consulted on this matter. In response to Mayor Pena, Ms. Wagner, Ass't. City Attorney, concurred that every household in the project area will receive notice by mail of a public meeting to form a PAC. In further response to Mayor Pena. Mr. Genovese advised that the proposed estimate for first-class mailing is $7,000. Mayor Pena declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 94-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT AND CALLING FOR THE FORMATION OF A PROJECT AREA COMMITTEE. It was moved by Council Members Sniff/McCartney that Resolution No. 94-26 be adopted as submitted. Motion carried unanimously. Mayor Pena left the meeting at this time. CLOSED SESSION 1. Discussion of negotiations pursuant to Government Code Section 54956.8 a. Mike Hogan's proposal for commercial development to be located at new Avenue 52 and Avenida Bermudas. 2. Discussion of potential litigation pursuant to Government Code Section 54956.9(a) a. T.I. Maloney, Inc. - Discussion of cost estimating related to Fritz Burns Park. RESOLUTION NO. 9 4 — 2 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT AND CALLING FOR THE FORMATION OF A PROJECT AREA COMMITTEE WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has previously adopted a Redevelopment Plan for ifte U Quinta Redevelopment Project (the "Plan" and "Project No. l", respectively); and WHEREAS, the Af i :y anr_ the City Council of the City of La Quints (the "City") have undertaken procedures fox th,; ar..todment of the Plan for Project No. 1 (the "Amendment"); and WHEREA.'�`:, in nnection with the Amendment, the City Council desires to establish a Procedure (the "PA!'for formation of a''roject Area Committee ("PAC") and to call for the formation, of a PAC; and WHEREAS, the proposed PAC Procedure is available for review in the office of the City Clerk; and WHEREAS, Section 33385 of the California Health and Safety Code requires the City Council to adopt a procedure, by resolution, for the formation of a PAC and to adopt procedures regarding the community wide elaction of PAC members. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta as follows: 1. The document entitled "Procedure for the Fcrmation and Election of the Project Area Committee for the La Quinta Redevelopment Project" is hereby adopted as the procedure to be followed for the formation and election of the PAC for the proposed Amendment. 2. The form and content of the notice to be mailed pursuant to the law regarding publication of the opportunity to serve on the PAC apd the meeting relating to establishing the PAC and the PAC election as set forth in Exhibit "B", is hereby approved. 3. Staff is authorized to distribute to the PAC proposed bylaws in substantially the form submitted herewith for use by the PAC. 4. The City Council calls upon the residents, businesses and existing community organizations within the Project Area of Project No. I to form a Project Area Committee, as more fully described in the PAC Procedure. i PASSED, APPROVED AND ADOPTED this 15th day of March, 1994, by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSENT: Council Member McCartney ABSTAIN: None APPROVED AS TO FORM: gj� `i / City Attorney ' r Mayor _ eum 111M I IAIAIA911i Al 'f / I CATEGORY:AGENDA BUSINESS SESSION: I COUNCIL/RDA MEETING DATE: May 17, 1994 CONSENT CALENDAR: ITEM TITLE• Consideration of a Resolution of the City Council of the STUDY SESSION: City of La Quinta Finding that the Procedures for the Formation and Election of the Project Area Committee for the La Quinta Redevelopment PUBLIC HEARING: Project were followed in the Election of the Project Area Committee and Determining the Validity of any Challenges to the Election RECOMMENDATION: Move to adopt Resolution 94-_, a Resolution finding that the procedures for the formation and election of the Project Area Committee for the La Quinta Redevelopment Project were followed in the election of the Project Area Committee and determining the validity of any challenges to the election. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On Tuesday, March 15, 1994, the City Council approved and adopted the Procedure for Formation and Election of the Project Area Committee for the La Quinta Redevelopment Project ("PAC Procedure"). Pursuant to the Project Area Committee (PAC) Procedures, Agency staff conducted an information meeting/election on Wednesday, April 20, 1994. Notice of the information/election meeting was published on April 6 and 13, 1994, in the Desert Sun newspaper. In addition, 9,974 meeting notices were transmitted, via first class mail, to all property owners, residential owners/tenants, business owners/tenants, and existing community organizations within the La Quinta Redevelopment Project Area No. 1 ("Project Area"). A total of 21 participants attended the information/election meeting. The meeting; was held in the City Council Chambers at City Hall. The purpose of the information/election meeting was to acquaint the public with the PAC responsibilities, and conduct the election process. Agency staff, Agency Legal Counsel, and Redevelopment Consultant presented an overview of the proposed Redevelopment Plan Amendment, summarized the PAC role in this process, and detailed the PAC procedure; questions were also answered. Following the question and answer session, the residents, business persons, and existing community organizations elected their respective representatives to the PAC. A total of 7 candidates competed for 5 of the 9 seats on the PAC. There were no candidates and/or participants representing either the residential tenant category (2 representatives) or the existing community organizations category (2 representatives). The results of the PAC election are listed below: CCSTFJH.004 Category (Representatives) Residential Owner -Occupant (2) Residential Tenant (2) Business Property Owner (1) Small Business Owner (1) Large Business Owner (1) Existing Community Organization (2) Elected Member/Address Seth Etinger 78-720 Avenida La Fonda Gerald Perschetz 52-015 Avenida Martinez (No Candidates) S. Chevis Hosea KSL Recreation Corp. Stan Long 78-235 Calle Fortuna Scott M. Dalecio 49-999 Eisenhower Drive (No Candidates) The Agency was unsuccessful in obtaining any representation from the Residential Tenant and Existing Community Organizations categories. As a result, 5 representatives were elected to the PAC, and 4 seats® remain vacant. FINDINGS AND ALTERNATIVES: Pursuant to Section 403 of the Procedure, the 4 vacancies may remain vacant until qualified and eligible candidates can be selected. However, the existence of any vacancies shall not prevent the formation of the PAC or the conduct of business by the PAC. It is staffs recommendation that the PAC address the issue of whether to amend the Procedure in order to establish a process to fill these vacancies, with any recommended amendments to be presented to the City Council for consideration and approval. The results of the PAC election are not considered final until 15 days following the election during which an interested party may challenge the validity of the process and/or election results. This period elapsed on May 5, 1994, and no such challenges were filed. d4odU$t^'— arming Her n arming and Development Director C CCSTFJH.004 City Council Minutes 18 May 17, 1994 Council Member McCartney concurred. MOTION - It was moved by Council Members McCartney/Bangerter to appoint Mayor Pro Tern Bangerter to serve as La Quinta's representative on the Palm Springs Airport Commission. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 94-123. Mr. Genovese advised that the first meeting will be held on June 2, 1994 at 12 p.m. 15. LA QUINTA YOUTH AND SPORTS COMPLEX REQUEST FOR THE PLANTING OF A TREE. MOTION - It was moved by Council Members Bangerter/McCartney to approve the planting of an ash tree in memory of Michael Reese at the La Quinta Sports and Youth Complex on June 7, 1994. Motion carried unanimously. MINUTE ORDER NO. 94- 124. 11 Mr. Genovese, City Manager, stated that Business Session No. I on the Redevelopment Agency agenda should have been a Council item. He asked that this item be removed from the Redevelopment Agency agenda and added to the City Council agenda as Business Session No. 16. MOTION - It was moved by Council Members Sniff/Bangerter to make Business Session No. 1 on the Redevelopment Agency agenda Business Session No. 16 on the City Council agenda, noting that the need to take action arose after the agenda was prepared. Motion carried unanimously. 16. CONSIDERATION OF RESOLUTION DETERMINING THAT ALL PROJECT AREA COMMITTEE (PAC) ELECTION PROCEDURES WERE FOLLOWED AND DETERMINING THE VALIDITY OF ALL PAC ELECTION CHALLENGES. In response to Council Member McCartney, Mr. Herman, Planning Director, advised that there have been no challenges. 13 City Council Minutes 19 May 17, 1994 RESOLUTION NO. 94-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA FINDING THAT THE PROCEDURES FOR THE FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE AND DETERMINING THE VALIDITY OF ANY CHALLENGES TO THE ELECTION. It was moved by Council Members Sniff/McCartney that Resolution No. 94-41 be adopted as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 17, 1994. 2. REJECTION OF CLAIM FOR DAMAGES FILED BY ROBIN CONNOR, DATE OF LOSS MARCH 31, 1994. 3. REJECTION OF CLAIM FOR DAMAGES FILED BY EVELYN KELSO, DATE OF LOSS MARCH 25, 1"4. 4. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 27835 - RANCHO LA QUINTA. 5. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 27840 - RANCHO LA QUINTA. 6. APPROVAL OF TITLE CHANGE FROM DEPUTY CITY CLERK II TO DEPUTY CITY CLERK. 7. APPROVAL OF ADMINISTRATIVE SERVICES AGREEMENT WITH RIVERSIDE COUNTY FOR CSA-152 PROGRAM. 8. ACCEPTANCE OF CALLE TAMPICO IMPROVEMENTS PROJECT NO. 92-12. MOTION - It was moved by Council Members Sniff/McCartney to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO. 94- 125. RESOLUTION NO. 94-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA FINDING THAT THE PROCEDURES FOR THE FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE AND DETERMINING THE VALIDITY OF ANY CHALLENGES TO THE ELECTION WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has previously adopted a Redevelopment Plan for the La Quinta Redevelopment Project (the "Plan" and "Project No. l", respectively); and WHEREAS, the Agency and the City Council of the City of La Quinta (the "City") have undertaken procedures for the amendment of the Plan for Project No. I (the "Proposed Amendment"); and WHEREAS, in connection with the Proposed Amends .,if.,x the City Council adopted Resolution No. 94-26, on March 15, 1934, d•.ereby ado.�ting the "Procedure for the Formation and Election of the Project Area Commiaee for t f, La Quinta Redevelopment Project" (the "Procedure") and calling upon the residents, businesses and existing community organizations within the Project Area of Project No. t to form a Project Area Committee ("PAC"); and WHEREAS, a public meeting to explain the establishment of, functions of, and opportunity to serve on the PAC as well as the election of the members of the PAC were held on April 20, 1994; and WHEREAS, pursuant to the requirements of Section 33385(d) of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq, Section 508 of the Procedures provides that a challenge to the PAC election or the electoral process must be filed with the City Council no more than fifteen (15) calendar days after the election and further provides that the City Council shall consider all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC election; and WHEREAS, no challenges to the PAC election or the electoral process have been received. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta as follows: Section 1. The City Council finds and determines that: (i) no challenges to the election of the Project Area Committee or to the electoral procedures were filed with the City Council; and (ii) all of the "Procedures for the Formation and Election of the Project Area Committee for the La Quinta Redevelopment Project" which were adopted by the City Council, on March 15, 1994, were followed in connection with the election of the Project Area Committee which was held on April 20, 1994. PASSED, APPROVED AND ADOPTED this 7 7day of Mav 1994. John PenaUMayor, riof La Quinta Juhola, Qity Clerk ►uBL:14726_1 14241 B2338.42 11 I, Saundra Juhola, City Clerk of the City of La Quinta, do hereby certify that the foregoing Resolution No. 94=41was introduced and adopted at a regular meeting provided. by law of the City Council of the City of La Quinta held on the 17th day of May, 1994, by the following vote of the members thereof: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None AND I FURTHER certify that the Mayor of the City of La Quinta signed said Resolution No. 94-41 on the 17th day of May_, 1994. ;TYeCLERK OF To CITY OF LA QUINTA (SEAL) I, Saundra JuholCity Clerk of the City of La Quinta, do hereby certify that the foregoing is the original of Resolution No.94-41, duly passed and adopted by the City of La Quinta on May 17 , 1994. CLERK OF THItITY OF LA QUINTA PVBL:14726_114241 B2339.42 c 1 GA s �a AGENDA CATEGORY: act V� OF rNv BUSINESS SESSION: COUNCIL(RDA MEETING DATE: December 6, 1994 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of an Ordinance of the City Council of the City of La PUBLIC HEARING: Quinta to Amend the Redevelopment Plan for the La Quinta Redevelopment Project (#1) in accordance with Section 33333.6 of the Community Redevelopment Law RECOMMENDATION: Adopt Ordinance _ by title and number only and waive further reading. introduce Ordinance _ on first reading. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Assembly Bill 1290 added Section 33333.6 of the California Community Redevelopment Law requiring all redevelopment projects adopted prior to January I, 1994, be amended to comply with certain statutory time limitations on redevelopment plans. Essentially, Section 33333.6 mandates that the pre-1994 redevelopment plans contain definitive limits on the time frame to incur indebtedness, effectiveness of the Redevelopment Plan, and the duration of the receipt of tax increment revenue. Also, Section 33333.6 requires that the Ordinance be adopted on or before December 31, 1994. FINDINGS AND ALTERNATIVES: The Redevelopment Plan for the La Quinta Redevelopment Project No. 1 was adopted on November 29, 1983. Pursuant to Section 33333.6, the attached Ordinance amends the Redevelopment Plan as follows: Incur Indebtedness Effectiveness of Plan Receipt of Tax Increment Existing Plan November 29, 2008 November 29, 2018 November 29, 2018 except to repay any indebtedness which extends beyond this date As Amended by Section 33333.6 January 1, 2004 November 29, 2018 November 29, 2028 except to repay any indebtedness incurred prior to January 1, 1994 000116 The options available to the City Council are as follows: 1. To approve as recommended. 2. To not approve as recommended; thus leaving in place time limits to the Redevelopment Plan which directly conflict with the Community Redevelopment Law. The ramifications which could arise from these conflicts include a withholding of tax increment revenue and a suspension of the authority to undertake redevelopment activities permitted in the Redevelopment Plan. Jerry Herman Community Development Director E 000177 City Council Minutes 7 December 6, 1994 MOTION - It was moved by Council Members Sniff/Bangerter to approve Public -Use Permit 93-015 Time -Extension No. 1, subject to conditions of approval. Motion carried unanimously. MINUTE ORDER NO. 94-262, 7. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA (#1) IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. Ms. Honeywell, City Attorney, advised that AB 1290 states that there must be an overall effective date -limit, not more than 40 years from the date of the adoption of the original plan, and no debt to be incurred from 20 years from the original date of adoption of the plan. Both redevelopment plans have earlier expiration dates so there is no change in the effective date of the plan; however, it does impose an earlier limit for incurring debt than originally stated in the plans. MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 258 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No. 258 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney 8. ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA (#2) IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. City Council Minutes 8 December 6, 1994 MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 259 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No. 259 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None: ABSTAIN: None ABSENT: Council Member McCartney 40 9. CONSIDERATION OF A WORKING COMMITTEE FOR THE SUBDIVISION ORDINANCE REVISION PROJECT. Mr. Cosper, Public_ Works Director, advised that on November 15, 1994, Council discussed the possibility of establishing a working committee for the formulation of the subdivision ordinance. The Planning Commission has submitted their recommendations for inclusion on the committee. He asked Council to direct staff in the remaining appointments to the committee. Mayor Pena suggested adding Chris Clarke as well as some general -contractors. Council Member Sniff preferred Alternative 3 of the staff report in which all names on the list will be invited. Mayor Pena suggested that everyone on the list be invited to a scoping meeting. Mr. Cosper advised that staff's intention with Alternative No. 3 is to conduct two scoping meetings. The purpose of the first meeting will be to obtain input from those in attendance, and a draft will be submitted for review at a second meeting a few months later. A staff report will then be prepared for Council, noting which suggestions could be incorporated and which ones could not. — Mayor Pena suggested the Chamber of Commerce be contacted to gain names from their network. 11 ORDINANCE NO. 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, Assembly Bill 1290, the Community Redevelopment Law Reform Act of 1993, which was enacted by the State of California and which became effective as of January 1, 1994, amended Section 33333.6 of the Community Redevelopment Law, which, as amended, requires that the City Council adopt an ordinance prior to December 31, 1994, imposing the time limitations mandated by Section 33333.6 upon certain activities carried out pursuant to the Redevelopment Plan; and WHEREAS, Section 33333.6 (a) of the Community Redevelopment Law provides that the time limit on the establishing of loans, advances, and indebtedness set forth in the Redevelopment Plan shall not exceed twenty (20) years from the adoption of the Redevelopment Plan or January I, 2004, whichever is later, provided, however, that this limit shall not prevent the La Quinta Redevelopment Agency (the "Agency") from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413 of the Community Redevelopment Law and provided, further, that this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid; and WHEREAS, Section 502 of the Redevelopment Plan currently provides that the Agency shall not establish or incur loans, advances or indebtedness to finance in whole or in part the Project beyond twenty-five (25) years from the date of adoption of the Redevelopment Plan; and WHEREAS, Section 33333.6 (b) of the Community Redevelopment Law provides that the effectiveness of the Redevelopment Plan shall terminate at a date which shall not exceed forty (40) years from the adoption of the Redevelopment Plan or January 1, 2009, whichever is later and that after the time limit on the effectiveness of the Redevelopment Plan, the Agency shall have no authority to act pursuant to the Redevelopment Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations; and rju:21319 11424182338.0 November 28, 1994 ® WHEREAS, Section 800 of the Redevelopment Plan currently provides that, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of the Redevelopment Plan shall be effective, and the provisions of the other documents formulated pursuant to the Redevelopment Plan may be made effective for thirty-five (35) years from the effective date of adoption of the Redevelopment Plan by the City Council; provided, however, that the Agency may issue bonds and incur obligations pursuant to the Redevelopment Plan which extend beyond the termination date, and in such event, the Redevelopment Plan shall continue in effect for the purpose of repaying such bonds or other obligations until the retirement of such bonds or other obligations, as determined by the City Council; and WHEREAS, Section 33333.6 (c) of the Community Redevelopment Law requires that except as provided in subdivisions (g) and (h) of said Section 33333.6, the Agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 of the Community Redevelopment Law after ten (10) years from the termination of the effectiveness of the Redevelopment Plan; and WHEREAS, Section 33333.6 (e) (1) provides that unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section, the legislative body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the ® provisions of subdivision (a), (b), or (c); and WHEREAS, Section 33333.6 (e) (2) of the Community Redevelopment Law provides that the limitations established in this Ordinance shall apply to the Redevelopment Plan as if the Redevelopment Plan had been amended to include those limitations, however, in adopting this Ordinance, neither the City Council nor the Agency is required to comply with any provisions of the Community Redevelopment law relating to the amendment of redevelopment plans; and WHEREAS, Section 33333.6 (f) (1) provides that if a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of this limitation; and WHEREAS, Section 33333.6 (f) (2) provides that a redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6; and WHEREAS, certain time limits established in the Redevelopment Plan exceed the applicable time limits established by Section 33333.6; and WHEREAS, as set forth in Section 33333.6 (h) of the Community Redevelopment Law, the time limits established herein pursuant to Section 33333.6 shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the City Council, or the Agency pursuant to the Community Redevelopment Law, prior to January 1, 1994, nor shall the time limits be PUBL:21319 114241 B2338.0 Novembx 28, 1994 construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation: and WHEREAS, the City Council is adopting this ordinance to amend those time limitations in the Redevelopment Plan to comply with the time limitations set forth in Section 33333.6 of the Community Redevelopment Law. NOW THEREFORE, the City Council of the City of La Quinta does hereby ordain as follows: Section 1. The last paragraph of Section 502 of the Redevelopment Plan which sets forth the time limitation on the establishment of loans, advances and indebtedness, is hereby amended as follows: "The Agency shall not establish or incur loans, advances or indebtedness to finance in whole or in part the Project beyond January 1, 2004. Provided, however, that this limitation shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413 and provided, further, that this limitation shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the Ak indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. This limitation may only be extended by amendment of this Plan after the Agency has made such findlings as are required by law. The loans, advances and indebtedness referred to in the preceding paragraph may be repaid over a period of time longer than the limitation established therein, except that the Agency shall not pay indebtedness or receive the property tax increment described in this Section 502 after ten (10) years from the termination of the effectiveness of this Plan as set forth in Section 800 of this Plan. Provided, however, that nothing in the foregoing limitation shall be construed to or shall affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401 of the California Community Redevelopment Law, authorized by the City Council or the Agency prior to January 1, 1994. Nor shall the foregoing limitation be construed to affect the right of the Agency to receive the property tax increment referred to in this Section 502 to pay the indebtedness or other obligation." Section 2. No action is being taken pursuant to Section 33333.6 (b) to amend the existing time limit on the duration of the Redevelopment Plan. The right to consider extension of this time limit is being reserved. Section 3. The: City Council finds and determines that the amendments to the Redevelopment Plan adopted by this Ordinance are in compliance with the time limitations set forth in Section 33333.6 of the Community Redevelopment Law. PuaL:21319 11424102338.0 November 28, 1994 Section 4. The Redevelopment Plan shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this Ordinance. Section 5. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in a newspaper of general circulation which is published and circulated in the City of La Quinta. Section 6. This Ordinance shall be in full force and effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held the 20th day of December, 1994 by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSENT: Council Member McCartney ABSTAIN: None JOHN PENA, ht(ayor City of La Quinta, California A SAUNDRA JUHOLA,Pty Clerk City of La Quinta, California APPROVED AS TO FORM: ,1/(' 2 "z'KY, cP �f DAWN HONEYWELU City Attorney City of La Quinta, California vusa.:21319 1 14241 B2338.0 November 28, 1994 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 258 which was introduced on the 6th day of December, 1994 and was adopted at a regular meeting held on the 20th day of December, 1994 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Q i to as specified in a resolution of the City Council. NDRA L. JUHOL , C'ity Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that tAe foregoing ordinance was posted on December 22, 1994 pursuant to City Council SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California 11 PLANNING COMMISSION RESOLUTION 95-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA RECOMMENDING APPROVAL OF THE PROPOSED REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND MAKING ITS REPORT AND RECOMMENDATION AS TO THE CONFORMITY OF THE AMENDED REDEVELOPMENT PLAN WITH THE CITY'S GENERAL PLAN WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and, WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994, and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance, with Section 33333.6 of the Community Redevelopment Law, California Health and Safety code Sections 33000, et seq. (the "Community Redevelopment Law"); and, WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment ("Amendment No. I") to the Redevelopment Plan; and, WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and, WHEREAS, Section 33346 of the Community Redevelopment Law requires that before the Amended Redevelopment Plan is submitted to the City Council, the Planning Commission shall have the opportunity to review and report on the conformity of the Amended Redevelopment Plan with the City's General Plan (the "General Plan") and pursuant to such review may recommend for or against the approval of the Amended Redevelopment Plan; and, WHEREAS, the Amended Redevelopment Plan provides that the land uses permitted within the La Quinta Redevelopment Project will be those uses permitted within such areas by the General Plan and City Zoning Ordinances as they may be amended from time to time. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta. as follows: RESOPC.144 Section 1. The Planning Commission, having reviewed the contents of the proposed Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Amended Redevelopment Plan") hereby reports, finds and determines that the Amended Redevelopment Plan is in conformity with the City's General Plan. Section 2. The Planning Commission hereby recommends that the Agency and the City Council approve and adopt the Amended Redevelopment Plan. Section 3. This Resolution shall constitute the report and recommendation of the Planning Commission on the Amended Redevelopment Plan to the Agency and the City Council pursuant to Section 33346 of the Community Redevelopment Law. Section 4. The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any and all actions that may be necessary to effectuate the purpose of this Resolution, or as are appropriate or desirable in the circumstances, including but not limited to the preparation of documents, and the filing and transmittal of documents and information. Section 5. The Planning Commission authorizes and directs Staff to submit this Resolution to the Agency and the City Council. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of La Quinta held this 31st day of January, 1995, by the follow vote, to wit: AYES: Commissioners Abets, Anderson, Barrows, Butler, Newkirk, and Chairman Adolph NOES: None ABSENT: Commissioner Gardner ABSTAIN: None ATTEST: ?RY HI City of La DON A DOLPIF, Chairman City of La Quinta, California , Community Development Director California RESOPC.144 DATE: STAFF REPORT 1LANNING COMMISSION MEETING January 31, 1995 REQUEST: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA RECOMMENDING APPROVAL OF THE PROPOSED REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND MAKING ITS REPORT AND RECOMMENDATION AS TO THE CONFORMITY OF THE AMENDED REDEVELOPMENT PLAN WITH THE C'ITY'S GENERAL PLAN REPRESENTATIVE: PLANNING AND DEVELOPMENT DIRECTOR ISSUE: California Community Redevelopment Law, Health and Safety Code Section 33000 et sea. requires that the Planning Commission review the proposed Redevelopment Plan for the La Quinta Redevelopment Project No. 1 ("Project No. 1"), and report whether the proposed Plan conforms to the General Plan. BACKGROUND: On September 20, 1994, the Redevelopment Agency completed the draft amended Redevelopment Plan for Project No. 1. If adopted by the City Council, the attached proposed Redevelopment Plan will replace the existing Redevelopment Plan adopted in November, 1983, and guide all future redevelopment activities within the Project Area No. 1. In accordance with the Law, the Agency authorized the transmittal of the draft Plan to the attached taxing entities, the Project Area Committee (PAC), and the Planning Commission for their report and recommendation. The PAC has reviewed and recommended adoption of the proposed Redevelopment Plan. Additionally, the PAC has submitted the following list of proposed redevelopment projects for the City Council's consideration after a joint Agency/City Council public hearing scheduled for February 21, 1995: • Expand the Jefferson Street rehabilitation and pavement overlay project to include that portion of Jefferson Street from Avenue 52 to Fred Waring. Ie uinW 131 por o Add a new drainage system improvement project that would provide improvements for drainage facilities located in the southern portion of Project Area No. 1. o Add an additional drainage system project that would improve the drainage channel adjacent to Rhondo Avenue, in a means identical to the improvements made to the drainage channel adjacent to La Fonda Avenue. o List bikeway, pedestrian path, and golf cart path improvements to all park improvements where appropriate. U Add library and public safety facilities projects to the listed capital facility improvements. ANALYSIS/FISCAL IMPACT: The proposed Redevelopment Plan does not present a specific plan for redevelopment, 9 rehabilitation, and revitalization in any area of Project Area No. 1; rather, it establishes a process i and framework for implementation. Section 600 of the attached proposed Redevelopment Plan sets forth land use policies that are identical to those found in the City's General Plan, as they now exist or may be hereafter amended. Circulation system improvements undertaken through the proposed Redevelopment Plan shall also be in accordance with the Circulation Element of the General Plan. RECOMMENDATION: That the Planning Commission adopt Resolution 95- recommending approval of the proposed Redevelopment Plan for the La Quinta Redevelopment Project No. 1 and making its report and recommendation as to the conformity of the amended Redevelopment Plan with the City's General Plan. Attachment: Proposed Redevelopment Plan for the La Quinta Redevelopment Project (No. 1), as amended by Amendment No. 1. :a9uinuU-J ipar AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: February 7, 1995 CONSENT CALENDAR: ITEM TFME: Resolution of the La Quinta Redevelopment Agency STUDY SESSION: approving and adopting a Method of Relocation for the La Quinta PUBLIC HEARING: Redevelopment Project as amended by Amendment No. 1. 11 Adopt Resolution 95- approving and adopting a Method of Relocation for the La Quinta Redevelopment Project as amended by Amendment No. 1. None. As part of the documentation required for the Plan Amendment, Redevelopment Law requires that the Agency adopt a method or plan of relocation for families and persons either temporarily or permanently displaced from Project Area No. 1. Once adopted by the Agency, the Method of Relocation is to be forwarded to the City Council along with the Plan Amendment Report to the City Council for their consideration on February 21, 1995. The Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code Regulation, Title 25, Chapter 6. Therefore, the enclosed Method of Relocation incorporates the State Guidelines and State Relocation Law. At the time Project No. I was originally adopted in November, 1983, the Agency and City Council approved and adopted a Method of Relocation which incorporated the then current State Guidelines and State Relocation Law provisions. However, since that time, State Relocation Law has been amended by Assembly Bill 324 to bring it in conformance with federal regulations. Thus, Agency legal counsel recommends that the Agency adopt a new Method of Relocation, as attached, which incorporates the updated provisions of State Relocation Law, as well as the State Guidelines. 000054 11 U] While the Agency does not anticipate that the implementation of the Amendment will dislocate businesses, residences, or local community institutions, it may be necessary for the Agency to undertake such relocation activities at some time during project implementation. As such, specific businesses, residences, or local community institutions to be located cannot be identified at this time. If such relocation activities are undertaken, the Agency will handle those cases which result from project activities on an individual basis. The options available to the City Council are as follows: 1. To approve as recommended; 2. To deny. Development Director Attachments: 1. Method of Relocation for the La Quinta Redevelopment Project as amended by Amendment No. 1 000055 Redevelopment Agency Minutes 2 February 7, 1995 Board Member Pefia recommended that the required material for the developer's initial submittal be reduced to two sets instead of five. The Board concurred. In response to Board Member Pena, Ms. Honeywell, Agency Counsel, advised that project proposals are not a matter of public record until the proposed agreement is on the Agency agenda for consideration, at which time the proper public hearing notifications are made. Chairman Sniff referred to Section III(C) of the proposed policy and asked if it would be appropriate to set a timeframe for these proposals. Mr. Genovese, Executive Director, advised that staff preferred to address these timeframes on a case -by -case basis. He advised that staff also prefers to consider limits on initial costs to the Agency during the Exclusive Right to Negotiate (ERN) period on a case -by -case basis depending on the project interest. MOTION - It was moved by Board Members Pena/Bangerter to adopt the La Quinta Redevelopment Agency Administrative Procedure for project review as amended. Motion carried unanimously. 3. TRANSMITTAL OF TREASURER'S REPORT, DATED DECEMBER 31, 1994. MOTION - It was moved by Board Members Perkins/Pena to receive the Treasurer's Report, dated December 31, 1994. Motion carried unanimously. CONSENT CALENDAR Ms. Honeywell, Agency Counsel, advised that Item No. 2 should be removed from the Consent Calendar due to potential conflicts of interest. 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 7, 1995. 2. ADOPTION OF RESOLUTION APPROVING AND ADOPTING A METHOD OF RELOCATION FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. MOTION - It was moved by Board Members Perkins/Pena that Consent Calendar Item No. 1 be approved as amended. Motion carried unanimously. RESOLUTION NO. RA 95-02 RESOLUTION OF THE LA QUINTA- REDEVELOPMENT AGENCY APPROVING AND ADOPTING A METHOD OF RELOCATION FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994, and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment ("Amendment No. 1 ") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. l (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment law; and WHEREAS, Section 33411 of the Community Redevelopment Law provides that the Agency shall prepare a feasible method or plan for relocation of all of the following: (a) Families and persons to be temporarily or permanently displaced from housing facilities in the project area; and (b) Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area; and WHEREAS, Section 33352(f) of the Community Redevelopment Law requires that the Report submitted to the City Council in connection with the Amended Redevelopment Plan include a method or plan for the relocation of families and persons to be temporarily or permanently displaced from the Amended Project Area; and WHEREAS, pursuant to Resolution No. RA-83-20, the Agency adopted Relocation Assistance Guidelines (the "Original Guidelines") in connection with the adoption of the Redevelopment Plan; and WHEREAS, the Original Guidelines adopt the State Relocation Guidelines which have subsequently been amended; and vuaL:23246 114241B2338.42 N Resolution No. RA 95-02 WHEREAS, the Agency desires to adopt the Method of Relocation attached hereto as Attachment "A" in order to adopt the State Relocation Guidelines, as amended, as the Method of Relocation applicable to the La Quinta Redevelopment Project as Amended by Amendment No. I in conformance with the Community Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as follows: Section 1. The La Quinta Redevelopment Agency hereby approves and adopts the "Method of Relocation for the La Quinta Redevelopment Project as Amended by Amendment No. I" (the "Method of Relocation") attached hereto as Attachment "A" and incorporated herein by reference as the Method of Relocation for the La Quinta Redevelopment Project as Amended by Amendment No. 1. Section 2. The Method of Relocation supersedes and replaces the Original Guidelines. Section 3. The Secretary of the Agency shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held the 7th day of February , 1995, by the following roll call vote: AYES: Board Members Pena, Perkins, Chairman Sniff NOES: None ABSENT: None ABSTAIN: Board Members Bangerter, Cathcart APPROVED AS TO FORM: DAWN HONEYWEL , City Attorney and Agency Special Counsel PUBL13246_114241 B2338.42 2 Resolution No. RA 95-02 ATTACHMENT "A" METHOD OF RELOCATION FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. I With regard to the adoption and implementation of the Redevelopment Plan for the La Quinta Redevelopment Project No. I as amended by Amendment No. I (the "Plan"), the La Quinta Redevelopment Agency (the "Agency") is the public agency responsible for relocation. Sections 33352(f) and 33411 of the Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. (the "Law") require that the Agency prepare a method or plan for the relocation of families located within Project No. I (the "Project Area") and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. The Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local realtors, social agencies, and civic organizations. The Agency does not anticipate that implementation of the Plan will dislocate businesses, residents, or local community institutions; however, it may be necessary for the Agency to undertake relocation actions at some time during project implementation. As such, specific businesses, residents, or local community institutions to be relocated cannot be identified at this time. If relocation activities are undertaken, the Agency will handle those relocation cases which result from project activities on an individual case -by -case basis. As provided in Section 33411.1 of the Law, the Agency shall not displace persons or families of low and moderate income unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the. time of their displacement. It is the Agency's stated objective that if relocation is necessary, all site residents be rehoused with a minimum of hardship; in accommodations which are decent, safe, sanitary and suitable to their individual needs; located in areas not less desirable than the Project Area in regard to public utilities and public and commercial facilities; reasonably accessible to their places of employment; and priced within their financial means. As an Agency formed under the provisions of State Law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulation, Title 25, Chapter 6. In 1989, the State Relocation Law was amended by Assembly Bill 324 ("AB 324") to bring State Relocation Law in conformance with federal regulations. Therefore, in conformance with Sections 33352(f) and 33411 of the Law, the Agency adopts, as its "Method of Relocation" the State Guidelines in concert with the applicable changes made by the AB 324 amendments to the State Relocation PUBL:23246 114241B2338.42 Q 21 N Resolution No. RA 95-02 Law. A copy of the State Guidelines is incorporated herein as Exhibit "A" and the State Relocation Law as Exhibit "B". Prior to commencement of any acquisition activity which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet the particular relocation needs of a specific project. Such supplemental policies will not involve reduction, but instead enhancement, of the relocation benefits required by State Law. PURL:23246_1 J4241 B2338.42 5 i 41 COUNCIL/RDA MEETING DATE: February 21, 1995 ITEM TITLE: Resolution of the La Quinta Redevelopment Agency Approving the Redevelopment Plan for the La Quinta Redevelopment Project As Amended By Amendment No. 1 and Approving Its Report to the City Council and Authorizing Transmittal of the Amended Plan and the Report to the City Councill AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the Agency adopt Resolution No. 95-_ approving the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 as amended by Amendment No. 1 (the "Amended Plan"), approving its Report to the City Council ("Report to Council'), and authorizing transmittal of the Amended Plan and Report to Council. FISCAL. IMPLICATIONS: It direct fiscal implications. Under the California Constitution, the Agency has no authority to levy taxes; therefore, this Amendment will not cause an increase in property taxes. Agency approval of the attached Amended Plan and Report to Council and subsequent adoption of the proposed amendment to the Redevelopment Plan for the La Quints Redevelopment Project No. 1 (the "Amendment") by the City Council will permit the Agency the authority to undertake additional redevelopment activities through the Amended Plan. As indicated on Page E-9 of the Report to Council, the total cost of the redevelopment program proposed within the Amended Plan is $1.842 billion, consisting of taxing entity payments of $959.7 million, existing debt service obligations of $58.4 million, housing program costs of $367.5 million, and nonhousing program costs and administration of $456.4 million. Housing program costs are comprised of direct project costs of $142.6 million and financing costs of $224.9 million. Nonhousing program costs include $151.4 million of direct project costs, financing costs of $244.9 million, and administration expenses of $60.0 million. In order to fund the total $1.842 billion cost of the La Quinta Redevelopment Project No. 1 ("Project No. 1" ), the Amended Plan incorporates a $2.0 billion tax increment revenue limit and a $200.0 million bond indebtedness limit. On February 15, 1994, the Agency approved the Preliminary Plan for the Amendment to the La Quinta Redevelopment Project No. 1. This Agency Board action initiated proceedings to amend the existing Redevelopment Plan for Project No. 1 (the "Existing Plan") as follows: CGHM? 000004 Clarify and expand the public facilities and infrastructure improvements project list embodied within the Existing Plan; • Increase the amount of tax increment revenue which the Agency may receive from Project No. 1; • Increase the limitation on the amount of bond indebtedness which may be outstanding at any one time; and • Establish a new 12-year time frame during which the Agency may employ eminent domain. As required by the California Community Redevelopment Law (the "Law") the Agency engaged in various activities to process and review the merits of the Amendment. In June, 1994, a Project Area Committee, consisting of representatives of residential owner -occupants, residential tenants, business owners, business property owners, and existing community organizations, commenced an 8-month review of the proposed Amendment. On September 22, 1994, the Agency Board approved and authorized the circulation of a draft Redevelopment Plan, a Preliminary Report, and a draft Environmental Impact Report relative to the Amendment. These documents were reviewed by the Project Area Committee, as well as the affected taxing entities, the Planning Commission, and other commenting agencies. In addition, these documents are made available for public review at City Hall. On February 21, 1995, the Agency Board and the City Council will convene a joint public hearing to receive testimony on the Amendment. The attached Report to the Council constitutes the Agency's formal report as required by Section 3352 of the Law. The Report to Council provides a summary of the reasons for the Amendment, describes conditions La Quinta Redevelopment Project Area No. 1 ("Project Area No. 1") details the Agency's proposed redevelopment program, and presents other documents which have been prepared that are pertinent to the proposed Amendment. Also attached is the proposed Amended Plan which, if adopted by the City Council after the joint public hearing, would supersede and replace the Existing Plan, and guide all future redevelopment activities in Project Area No. 1. FINDING AND ALTERNATIVES: The Report to Council discusses the status of the Agency's redevelopment program in Project Area No. 1. While the Agency has successfully completed improvements to flood control and sewer systems, as well as the construction of affordable housing, many of the blighting conditions remain as they existed in the Project Area when it was originally established in 1983. These conditions include stagnant economic growth in the Village area, inadequate public infrastructure, and substandard housing. Because the Existing Plan constrains the Agency from continuing its redevelopment efforts to eliminate these blighting conditions, the Agency initiated the Amendment. As described in the Report to Council, the proposed amendments to the Existing Plan provide the Agency the ability to increase and improve the City's supply of affordable housing, construct or improve streets, flood control systems, traffic signals, parks and public facilities, and maintain a comprehensive economic development program in the Village area. If adopted by the City Council, the Amended Plan will modify the Existing Plan by establishing a 12-year time frame during which the Agency may employ eminent domain in projects involving land acquisition, expanding the scope of infrastructure and community development projects which may be undertaken by the Agency, increase the limitation the amount of tax increment revenue which may be collected by the Agency to $2.0 billion, and increase the bond n debtedness limit to $200.0 million. Taken together, these amendments will enable the Agency to complete its redevelopment program in Project Area No. 1. CUE.007 0 0 0 0 0 j Once 1983, the Agency has sparingly employed condemnation proceedings. However, eminent domain has been useful in land acquisition negotiations and will be necessary to permit the Agency to effectively facilitate the redevelopment of Project Area No. 1. For these reasons, the Amended Plan provides the authority to the Agency to initiate eminent domain, as a last resort, for a period of 12 years after adoption of the Amended Plan by the City Council. Should the Agency opt to employ eminent domain, the Agency is required by the Law to first convene a public hearing relative to the proposed condemnation of real property. Attachments: Redevelopment Plan Notebook CGH.007 LA QUINTA REDEVELOPMENT AGENCY MINUTES February 21, 1995 Regular meeting of the La Quinta Redevelopment Agency was called to order by Chairman Sniff. PRESENT: Board Members Bangerter, Cathcart, Pena, Perkins, Chairman Sniff ABSENT: None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES MOTION - It was moved by Board Members Bangerter/Perkins to approve Minutes of February 7, 1995 as submitted. Motion carried unanimously. PUBLIC COMMENT - None BUSINESS SESSION 1. RESOLUTION APPROVING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND APPROVING THE REPORT TO THE CITY COUNCIL AND AUTHORIZING TRANSMITTAL OF THE AMENDED PLAN AND THE REPORT TO THE CITY COUNCIL. Board Members Bangerter and Cathcart abstained from this issue due to a conflict of interest and left the dais. Mr. Spevacek, Consultant with Rosenow, Spevacek Group, addressed the Board advising that the resolution before the Board approves the report to the City Council on the proposed amendment to Project Area No. 1 and approves in its form, the redevelopment plan for this project. The amended plan will clarify and expand the public facilities and infrastructure improvements project list increase the amount of tax increment revenue which the Agency may receive from Project No. 1; increase the limitation on the amount of bond indebtedness which may be outstanding at any one time; and establish a new 12- year time -frame during which the Agency may employ eminent domain. iuW Redevelopment Agency Minutes RESOLUTION NO. RA 95-03 2 February 21, 1995 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND APPROVING ITS REPORT TO THE CITY COUNCIL AND AUTHORIZING TRANSMITTAL OF THE AMENDED PLAN AND THE REPORT TO THE CITY COUNCIL. It was moved by Board Members Pena/Perkins to adopt Resolution RA 95-03 as submitted. Motion carried unanimously. 2. SELECTION OF VICE-CHAIRMAN OF THE REDEVELOPMENT AGENCY BOARD. Board Member Perkins nominated Board Member Cathcart for Vice Chairman. There were no further nominations. Board Member Perkins moved that a unanimous ballot be cast for Mr. Cathcart to serve as Vice Chairman of the Redevelopment Agency Board. Chairman Sniff advised that Board Member Cathcart is the new Vice Chairman. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 21, 1995. MOTION - It was moved by Board Members Pena/Perkins to approve the Consent Calendar as amended with the deletion of warrants to C.V. Land and Williams Development. Motion carried unanimously. MOTION - It was moved by Board Members Cathcart/Perkins to approve the warrant to C. V. Land. Motion carried with Board Members Bangerter and Pena ABSTAINING. MOTION - It was moved by Board Members Perkins/Cathcart to approve the warrant to Williams Development Corporation. Motion carried with Board Member Pena ABSTAINING. Redevelopment Agency Minutes 3 February 21, 1995 DEPARTMENT REPORTS - None CHAIR AND BOARD MEMBERS' ITEMS - None PUBLIC HEARINGS JOINT MEETING WITH THE CITY OF LA QUINTA 1. JOINT PUBLIC HEARING BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE LA QUINTA CITY COUNCIL TO TAKE PUBLIC COMMENT ON THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. I AS AMENDED BY AMENDMENT NO. 1. Ms. Honeywell, Agency Counsel, advised that Board Members Bangerter and Cathcart will be abstaining from this matter as they both have property interests within the project area that are different from the public generally. The Mayor declared the PUBLIC HEARING OPEN. Mayor Pena advised that this joint public hearing of the City Council and the Redevelopment Agency is to consider the proposed Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 and certification of the Final Environmental Impact Report on the Amendment. He further advised that the following documents will be under consideration: 1. The proposed Redevelopment Plan as amended by Amendment No. 1; and 2. Agency Report to Council on the proposed Amendment, which includes, among other information: a. The report and recommendation of the Planning Commission; b. The report and recommendation of the Project Area Committee; C. The Final Environmental Impact Report on the Project. Mr. Spevacek, Consultant with Rosenow, Spevacek Group, advised that the purpose of this hearing is to gain input on the proposed amendment to Redevelopment Project Area 1 Plan which was established in 1983. Since that time, the Redevelopment Agency has spent about $35 million in improvements around the Cove and $4 million in housing assistance. Basically, we're faced with a position wherein the Agency's financial D'',1 Redevelopment Agency Minutes p February 21, 1995 capacity has reached its limit. He briefly reviewed some of the events that have transpired up to this time in preparation for this hearing. Basically, redevelopment is a tool provided by the State for cities and counties to address problem areas within their jurisdictions. The Agency receives its money from tax increment revenues. When a project area is established, the County Assessor adds up the current value of all properties within that project area which then becomes known as the base year value. Pursuant to Prop 13, properties can only be reassessed if sold or improved and up to 2% a year to account for inflation. So the difference between what the values were in 1983 and what they are in 1995 translates into tax increment revenues which is allocated to the Agency. Additionally, these tax increments are also Allocated to other affected agencies. In 1993, the Agency evaluated Project No. 1 and determined that there are still needed public infrastructure as well as public/private partnerships to jump-start economic development activities in The Village. Consequently, the decision was made to amend the plan. By doing so, the tax increment revenue will increase from $300 million to $2 billion and to increase the amount of bond debt from $35 million to $100 million and to expand the eminent domain authority to run to 2007. The redevelopment project is set to expire in 2025 and the agency can undertake no additional project that requires tax increment revenue to pay for the projects after the year 2004, Regarding eminent domain, the agency has only used it once to acquire right of way for Calle Tampico widening. Mr. Martin, Consultant, with Stevenson, Porto & Pierce, reviewed the environmental process noting that the notice of preparation was mailed to all affected public agencies. A draft EIR was then prepared and mailed for a 45-day public review period. During that period, there were four comments received and the City prepared responses to them. The EIR evaluates the potential environmental impacts that could occur should implementation of the plan occur. Mr. Spevacek asked that the following documents be entered into the public record: a. The Report to the City Council on the Development Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1; b. The Redevelopment Plan as proposed to be Amended by Amendment No. 1; and c. The Final EIR At this time the City Clerk advised that letters of comments have been received from the following individuals: 1. Nial Morgan, dated January 19, 1995 2. Richard Earl Bean/Nan Glennon Bean, dated February 6, 1995 3. Irvin Chapman, dated January 23, 1995 4. Fred Olds, dated January 24, 1995 Redevelopment Agency Minutes 5 February 21, 1995 Also, a letter was received this evening from Coachella Valley Water District which the City Clerk read into the record. At this time, the Mayor asked if there was any public testimony. PROPONENTS SCOTT DALECIO, Vice Chairman of the Project Area Committee, advised that their committee was brought together several months ago. They feel that they have represented various elements of the community and have gone through the plan and FIR and feel that proper due diligence has taken place and provide the continued impetus on the continued construction of infrastructure that is needed. Therefore, they suggest that the City continue to move forward with the Plan Amendment. OPPONENTS - None Ms. Honeywell, City Attorney/Agency Counsel, advised that this hearing will be continued to March 7, 1995 and in the interim, staff will be responding to all letters received. MOTION - It was moved by Board Members Sniff/Perkins to continue this item to a joint meeting on March 7, 1995 to adopt the written responses to the written objections to the amended plan and further consideration of the amended plan and the final EIR. Motion carried with Board Members Bangerter and Cathcart ABSTAINING. CLOSED SESSION (See Minutes of March 7, 1995 for corrections.) 1. Discussion of negotiations concerning potential acquisition and/or sale of real property within the Cove area of La Quinta pursuant to Government Code Section 54956.8 - Building Horizons (Boys and Girls Club of Coachella Valley). 2. Conference with real property negotiator concerning 50 individual residential properties located generally in the Cove, specifically identified in the agreement with Coachella Valley Land - negotiator, Byron Radakker - instructing the negotiator concerning price and terms of payment for acquisition of properties pursuant to Government Code Section 54956.8. 3. Conference with legal counsel concerning on -going litigation - Atlas Environmental Services, Inc. vs Kenko, City of La Quinta, et.al, Case No. 80078 pursuant to Government Code Section 54946.9. RESOLUTION NO. RA 95-03 RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND APPROVING ITS REPORT TO THE CITY COUNCIL AND AUTHORIZING TRANSMITTAL OF THE AMENDED PLAN AND THE REPORT TO THE CITY COUNCIL WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, etseq. (the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment (the "Amendment No. 1 ") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, pursuant to Section 33352 of the Community Redevelopment Law every redevelopment plan submitted by a redevelopment agency to the legislative body shall be accompanied by a report on the proposed redevelopment plan which contains all of the information set forth in Section 33352; and WHEREAS, the Agency has caused the Report to the City Council for the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. l to be prepared in accordance with Section 33352 of the Community Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as follows: Section 1. The Agency hereby approves the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Amended Redevelopment Plan") 160 and recommends that the City Council adopt the Amended Redevelopment Plan as the official Redevelopment Plan for the La Quinta Redevelopment Project, a copy of which is on file and available for review at the offices of the Agency Clerk and incorporated herein by this reference. PURL.23612_114241 a2338.42 L Resolution No. RA 95-03 Section 2. The Agency hereby approves and adopts the Report to the City Council for _ the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. l (the "Report"), a copy of which is on file and available for review at the offices of the Agency Clerk and incorporated herein by this reference. Section 3. The Agency's Director is hereby authorized and directed to, transmit the Amended Redevelopment Plan and the Report to the City Council for its review and consideration at the joint public hearing on the adoption of Amendment No. 1. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held the 21st day of February 1995, by the following roll call vote: AYES: Board Members Pena, Perkins, Chairman Sniff NOES: None ABSENT: None ABSTAIN: Board Members Bangerter, Cathcart Cha r� man, La Quinta R evelopmen cy A T: /11�gericy Clerk APPROVED AS TO FORM: -c DAWN HONEYWEII, City Attorney PusL;23612_114241 B2338.42 2 Tit�t 4 4(Q QUM& 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 95 FAX (619) 777-7101 Dear Property Owner. Enclosed is a Notice of a Joint Public Hearing to be held by the City Council of the City of La Quints, (the "City Council") and the La Quints, Redevelopment Agency (the "Agency"). This Joint Public Hearing is scheduled for. Tuesday, February 21 1995 7:00 p.m. (or as soon as possi6le thereafter) Cityy of La Quinta City Hall Council Chambers 78.495 Calle Tampico, La Quints, CA 92253 The City Council and the Agency have started plans to amend the Redevelopment Plan (the "Amended Plan") for the La Quinta Redevelopment Project No. 1 (the "Project" � according to the California Health and Safety Code Section 3300 et seg. If the Amended Plan is approved it would: 1) clarify and expand the public facilities and the infrastructure improvements project list contained within the existing Redevelopment Plan; 2) increase the amount of tag increment revenue which the Agency may receive; 3) increase the amount of bond indebtedness which may be outstanding at any one time; and 4) establish a new 12-year time frame during which the Agency may use eminent domain. goWe have enclosed a map Pdfibit "A") which outlines the boundaries of the La Quinta Redevelopment Project Area No. 1 (the "Project Area"). A metes and bounds legal description of the Project Area is also enclosed as Exhibit "B". The purpose of this Joint Public Hearing is to receive testimony for and against the proposed Amended Plan. Should you have any comments or concerns regarding the Amended Plan, you are invited to testify at the Joint Public Hearing, or submit written comments to the City Clerk prior to the time of the hearing. According to our records, you either own property, reside, or own a business within this Project Area which has been subject to the terms of the existing Redevelopment Plan for the last 11 years. Should the City Council adopt the Amended Plan, the property you own, reside in, or conduct business at, will be subject to the terms outlined in the Amended Plan. The Amended Plan does allow the Agency to acquire any and all real property within the Project Area by any means authorized by law, including condemnation; however, at this time, the Agency has no specific plans for any of the properties within the Project Area. Any proposed acquisition under the Amended Plan would require the City to comply with all legal requirements pertaining to the acquisition of any real property by a public agency. This would include noticing all property owners of the proposed acquisition and any additional hearings to be held by the Agency. The City, as always, encourages all property owners to participate in the redevelopment program. If you have any questions, please contact the Community Development Department at (619) 777-7125. Very truly yours JERRY H RMAN, Community Development Director JH:JS:bjs Enclosures MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253J� LTRJHA14 �VJ NOTICE OF JOINT PUBLIC HEARING NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY ON THE PROPOSED REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 AS AMENDED BY AMENDMENT NO. 1 AND THE FINAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENT NO. 1 NOTICE IS HEREBY GIVEN that a joint public hearing will be held by the City Council of the City of La Quinta and the La Quinta Redevelopment Agency at the City Council Chambers of the City of La Quinta, 78-495 Calle Tampico, La Quinta, California 92253, on Tuesday, February 21, 1995, at 7:00 p.m., or as soon as possible thereafter, to consider approval and adoption of the proposed Redevelopment Plan for the La Quinta Redevelopment Project No. 1 (the "Redevelopment Plan") as amended by Amendment No. 1 (the "Amendment No. 1") and certification of the Final Environmental Impact Report (the "EIR") prepared in connection with Amendment No. 1. The scope and objectives of Amendment No. 1 are generally to clarify and expand the public facilities and infrastructure improvements project list contained in the Redevelopment Plan, to increase the amount of tax increment revenue which the Agency may receive, to increase the limit on the amount of bonded indebtedness which can be outstanding at one time, to make changes to the text of the Redevelopment Plan in order to update and eliminate obsolete language, to extend the period of time during which the Agency may exercise the power of eminent domain in Project Area No. 1 and to allow the Agency to implement activities which will eliminate and prevent the spread of blighting conditions. The La Quinta Redevelopment Agency's Report to the City Council (the "Report") on the proposed Amendment No. 1 will be presented at the joint public hearing. The Report includes a Final EIR, the Report and Recommendations of the Planning Commission, a summary of consultations with affected taxing agencies and other documentation required by the Community Redevelopment Law. Interested persons may inspect the draft Amendment No. 1, the Draft EIR and the Preliminary Report for Amendment No. 1 to the La Quinta Redevelopment Project No. I and all other information pertaining thereto at the La Quinta Community Development Department, 78-495 Calle Tampico, La Quinta. At the joint public hearing, the City Council and the Agency shall consider all evidence and testimony for and against the adoption of the proposed Amendment No. 1 and the certification of the Final EIR. All persons having any objections to the proposed Amendment No. I or the regularity of any of the prior proceedings, may appear before the Agency and City Council and show cause why the proposed Amendment No. 1 should not be adopted. At any time not later than the hour set for the hearing, any person or organization may file a written statement with the La Quinta City Clerk, of his or her objections to the proposed Amendment No. 1. Any person or organization desiring to be heard will be given an opportunity to be heard. At the public hearing, the City Council and the Agency shall proceed to hear and pass upon all written and oral objections to the proposed Amendment No. 1, in accordance with the procedures of the Community Redevelopment Law. In addition, the City Council and the Agency will, at the same time and place, hold a joint public hearing to consider the Final EIR prepared in connection with Amendment No. 1. All evidence and testimony for or against the certification of the Final EIR will be considered. At the day, hour, and place of said hearing, any and all persons desiring to comment on, or having objections to, the content or adequacy of the Final EIR, may appear and be heard before the City Council and the Agency. A legal description of the boundaries of the La Quinta Redevelopment Project No. 1 is attached hereto as Exhibit B. Anyone having specific questions can visit the La Quinta Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, or call (619) 777-7000. PUBu22610_ 1 14241132338.42 El 1 1��l lllee d tm�0 9O ���m� • �1 ease f 1 _ UJ w _•• • w N THE COVE =----, LU LU LU �.o AVENUE50 1 AVENUE 52 AVENUE 54 E_56 +. AVENUE 58 AVENUE 60_- EXHIBIT "A" La Quinta Redevelopment Agency REDEVELOPMENT PROJECT AREA NO. I Project Boundaries ROSFNOW SPFVACEK GROUP I N C. EXHIBIT 'B' LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROTECT AREA City of La Quinta Redevelopment Agency Being a portion of Section 36, Township 5 South, Range 6 East, S.B.M.; all of Sections 1, 12, 13, 24 and 25, Township 6 South, Range 6 East, S.B.M. and a portion of Sections 6, 9, 21, 22 and all of Sections 5, 7, 8, 16, 17, IS, 19, 20, 29 and 30, Township 6 South, Range 7 East, S.B.M., described as follows: Beginning at the Northeast corner of Section 5, Township 6 South, Range 7 East, S.B.M.; Thence SOUTH along the East line of Section 5, Township 6 South, Range 7 East, S.B.M. to the Southeast corner of said Section 5; Thence Southeasterly along the centerline of Jefferson Street as shown on Map 786-VV, Official Records of the Surveyor, County of River- side, California, to the Northwest corner of Section 16, Township 6 South, Range 7 East, S.B.M.; Thence EAST along the North line of said Section 16 to the North- east corner thereof; Thence SOUTH along. the East line of said Section 16 to the South- east corner thereof, said corner also being the Northwest corner of Section 22, Township 6 South, Range 7 East, S.B.M.; Thence EAST along the North line of said Section 22 to the North- east corner of the Northwest one -quarter of said Section 22; Thence SOUTH along the East line of said Northwest one -quarter to the Southeast corner thereof; Thence WEST along the South line of said Northwest one -quarter and the' South line of the Northeast one -quarter of Section 21, Township 6 South, Range 7 East, S.B.M. to the Southwest corner of said Northeast one -quarter, said corner also being the Northeast corner of the Northeast one -quarter of the Southwest one -quarter of said Section 21; 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; Exhibit "B" Page 1 of 2 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- M vest corner thereof, said corner also being the Northeast corner of Sec- tion 29, Township 6 South, Range 7 East, S.B.M.; Thence SOUTH along the East line of said Section 29 to the South- east corner thereof; Thence WEST along the South lines of said section 29 and Section 30, Township 6 South, Range 7 East, S.B.H. to the Southwest corner of said Section 30, said corner being the Southeast corner of Section 25, Township 6 South, Range 6 East, S.B.M.; Thence continuing WEST along the South line of said Section 25 to the Southwest corner thereof; Thence NORTH along the West lines of Sections 25, 24, 13, 12 and 1, Township 6 South, Range 6 East, S.B.M. to the Northwest corner of said Section 1 thereof; Thence EAST along the North line of said Section 1 to the South- west corner of said Section 36, Township 5 South, Range 6 East, S.B.M.; Thence NORTH along the West line of said Section 36 to the North- west corner thereof; Thence EAST along the North line of Section 36 to the North one - quarter corner of said Section, said corner also being the Northeast corner of the Northwest one -quarter of said Section 36; Thence SOUTH along the West line of said Northwest one -quarter to the Southeast corner thereof, said corner also being the Northwest corner of the Southeast one -quarter of said Section 36; Thence EAST along the North line of said Northeast one -quarter to the Northeast corner thereof, also being the Northwest corner of Section 5, Townshp 6 South, Range 7 East, S.B.M.; Thence EAST along the North line of said Section 5 to the point of beginning. The above described parcel of land contains 17.5 square miles, more or less. Exhibit "B" Page 2 of 2 COUNCIL/RDA MEETING DATE: February 21, 1995 ITEM TITLE: A Joint Public Hearing on the Redevelopment Plan for the La Quinta Project No. 1 as Amended by Amendment No. 1 and the Final Environmental Impact Report related thereto. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 That the Agency and the City Council hold a joint public hearing as required by law with respect to the consideration of the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 as Amended by Amendment No. I and the Final Environmental Impact Report related thereto. FISCAL IMPLICATIONS: da AlKone at this time. Under the Community Redevelopment Law, prior to the adoption of Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project No. 1, both the City Council and the Agency must hold a public hearing on the proposed Amendment. Under the California Environmental Quality Act, a public hearing may also be held on the adoption of the Final Environmental Impact Report prepared in connection with the proposed Amendment. Pursuant to Section 33355 of the California Community Redevelopment Law, instead of holding separate hearings, the Agency and City Council each adopted resolutions Agency Resolution No. RA 95-01 and City Council Resolution No. 95-02 on January 3, 1995, consenting to and calling for a public hearing on the proposed Amendment and the City Council directed the City Clerk to set the public hearing for February 21, 1995. The joint public hearing is intended to receive public comment and input on the proposed Amended Plan and Final EIR. Any written objections received prior to or at the joint public hearing from property owners or affected taxing entities to the Amended Plan are to be responded in writing by the Agency no sooner than one week following the joint public hearing. Thus, following the joint public hearing to receive public comment, the Agency and City Council will close the public hearing and adjourn to a joint meeting on March 7 to adopt the written responses to the written objections to the Amended Plan and further consideration of the Amended Plan and Final EIR. CCJH.003 00030O As required by the California Community Redevelopment Law, notice of the joint public hearing was mailed to all residents, property owners, and business tenants located within the Project Area No. 1. A total of 9,638 notices were transmitted on January 12 and 13, 1995. In addition, notice of the joint public hearing was transmitted to all affected taxing entities via certified mail, return receipt requested. Finally, notice of the joint public hearing was published in the Desert Sun Newspaper for four (4) successive weeks prior to the joint public hearing on January 24, 1995, January 31, 1995, February 4, 1995, and February 14, 1995. Copies of the certificates of mailing of the notice of joint public hearing are on file with the City Clerk. Development Director COH.003 000301 City Council Minutes 24 February 21, 1995 Condition No. 21 addresses vacating access rights to Avenue 58. There is a plan to redesign Avenue 58 to come into Jefferson at a different configuration. The concern this poses is that the maintenance yard would not have access to new 58, but would have access old 58 right of way to access the maintenance yard outside the private gate. The condition has been changed to require the applicant to vacate access rights to the realigned Avenue 58 from abutting lots. Regarding Condition No. 65, the applicant is requesting that the restroom facility is to be completed prior to the issuance of the first certificate of occupancy as opposed to the first building permit being issued. Staff did not have a problem with either condition. The Mayor declared the PUBLIC HEARING OPEN. Lloyd Watson, Engineer, representing KSL, advised that they agree with all recommended conditions with the revisions as reviewed by Mr. Herman. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 95-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT 28118 TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A 4.6-ACRE SITE AT PGA WEST. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 95-10 as submitted. Motion carried unanimously. Council recessed to Redevelopment Agency meeting. Council reconvened and meet jointly with the La Quinta Redevelopment Agency. JOINT MEETING WITH THE LA OUINTA REDEVELOPMENT AGENCY 3. JOINT PUBLIC HEARING ON THE REDEVELOPMENT PLAN FOR THE LA QUINTA PROJECT NO. I AS AMENDED BY AMENDMENT NO. I AND THE FINAL ENVIRONMENTAL IMPACT REPORT RELATED THERETO. Council Members Bangerter and Cathcart abstained due to conflicts of interests. Ask City Council Minutes 25 February 21, 1995 Ms. Honeywell, City Attorney, advised that Council Members Bangerter and Cathcart will be abstaining from this matter as they both have property interests within the project area that are different from the public generally. The Mayor declared the PUBLIC HEARING OPEN. Mayor Pena advised that this joint public hearing of the City Council and the Redevelopment Agency is to consider the proposed Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 and certification of the Final Environmental Impact Report on the Amendment. He further advised that the following documents will be under consideration: 1. The proposed Redevelopment Plan as amended by Amendment No. 1; and 2. Agency Report to Council on the proposed Amendment, which includes, among other information: a. The report and recommendation of the Planning Commission; b. The report and recommendation of the Project Area Committee; Alk C. The Final Environmental Impact Report on the Project. Mr. Spevacek, Consultant with Rosenow, Spevacek Group, advised that the purpose of this hearing is to gain input on the proposed amendment to Redevelopment Project Area 1 Plan which was established in 1983. Since that time, the Redevelopment Agency has spent about $35 million in improvements around the Cove and $4 million in housing assistance. Basically, we're faced with a position wherein the Agency's financial capacity has reached its limit. He briefly reviewed some of the events that have transpired up to this time in preparation for this hearing. Basically, redevelopment is a tool provided by the State for cities and counties to address problem areas within their jurisdictions. The Agency receives it money from tax increment revenues. When a project area is established, the County Assessor adds up the current value of all properties within that project area which then becomes known as the base year value. Pursuant to Prop 13, properties can only be reassessed if sold or improved and up to 2% a year to account for inflation. So the difference between what the values were in 1983 and what they are in 1995 translates into tax increment revenues which is allocated to the Agency. Additionally, these tax increments are also allocated to other affected agencies. In 1993, the Agency evaluated Project No. 1 and determined that there are still needed public infrastructure as well as public/private partnerships to jump-start economic development activities in The Village. Consequently, the decision was made to amend the plan. By doing so, the tax increment revenue will increase from $300 million to $2 billion and to increase the amount of bond debt from $35 million to $100 million and to expand the eminent domain authority to run to 2007. The redevelopment project is set to expire in 2025 and the agency can undertake no additional project that requires tax increment revenue to pay for the projects after the year 2004. Regarding eminent Ah City Council Minutes 26 February 21, 1995 domain, the agency has only used it once to acquire right of way for Calle Tampico widening. Mr. Martin, Consultant, with Stevenson, Porto & Pierce, reviewed the environmental process noting that the notice of preparation was mailed to all affected public agencies. A draft EIR was then prepared and mailed for a 45-day public review period. During that period, there were four comments received and the City prepared responses to them. The EIR evaluates the potential environmental impacts that could occur should implementation of the plan occur. Mr. Spevacek asked that the following documents be entered into the public record: a. The Report to the City Council on the Development Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1; b. The Redevelopment Plan as proposed to be Amended by Amendment No. 1; and c. The Final EIR At this time the City Clerk advised that letters of continents have been received from the following individuals: 1. Nial Morgan, dated January 19, 1995 2. Richard Earl Bean/Nan Glennon Bean, dated February 6, 1995 3. Irvin Chapman, dated January 23, 1995 4. Fred Olds, dated January 24, 1995 Also, a letter was received this evening from Coachella Valley Water District which the City Clerk read into the record. At this time, the Mayor asked if there was any public testimony. PROPONENTS SCOTT DALECIO, Vice Chairman of the Project Area Committee, advised that their committee was brought together several months ago. They feel that they have represented various elements of the community and have gone through the plan and EIR and feel that proper due diligence has taken place and provide the continued impetus on the continued construction of infrastructure that is needed. Therefore, they suggest that the City continue to move forward with the Plan Amendment. OPPONENTS - None Ms. Honeywell, City Attorney/Agency Counsel, advised that this hearing will be continued to March 7, 1995 and in the interim, staff will be responding to all letters Aftk City Council Minutes 27 February 21, 1995 received. MOTION - It was moved by Council Members Sniff/Perkins to continue this item to a joint meeting on March 7, 1995 to adopt the written responses to the written objections to the amended plan and further consideration of the amended plan and the final EIR. Motion carried with Council Members Bangerter and Cathcart ABSTAINING. MINUTE ORDER NO. 95-46. There being no further business, the meeting was adjourned. submitted, SAUNDRA L. )UHiOLA, City Clerk City of La Quinta, California TwT 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: March 7, 1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Continued Joint Public Meeting and the consideration of the Proposed Amendment No. 1 to the La Quinta Redevelopment Project No. 1 1. Reconvene the continued joint public meeting of February 21, 1995 with the City Council to receive the Responses to Written Objections, and consider the following actions related to the La Quinta Redevelopment Project Amendment No. 1. Adopt Resolution RDA No. certifying the completion of a final Environmental Impact Report 46 for the Redevelopment Plan for the La Quints Redevelopment Project as Amended by Amendment No. 1. Adopt Resolution RDA No. making certain findings with respect to low and moderate income housing in connection with the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1. Ll lu_ ' ► - None at this time. On February 21, 1995, the City Council and Redevelopment Agency convened a joint public meeting to receive evidence and public testimony regarding the proposed Amended Redevelopment Plan. During the joint public meeting, the Agency presented to the City Council the proposed Amended Plan, Report to the City Council, and other documents pertinent to the Amendment. These documents described the reasons for the Amendment, and delineated the Agency's proposed redevelopment program. In addition, the joint public hearing provided the public an opportunity to offer oral or written objections to the proposed Amended Plan. Five written objections were entered into the record; oral testimony resulted in one speaker in favor of the amendment and no speakers in opposition. This joint public meeting was continued to March 7th for additional consideration of the merits of the endment. COH.003 000950 Ah NDMO AND ALTERNATIVES: The procedures for convening the continued joint public hearing and subsequent consideration of matters with respect to the Amendment are prescribed by Redevelopment Law. This report outlines the purpose and process for considering the next actions relating to the Amendment. Introduce into the Record the Responses to Written Objections On March 7th, the City Council and Redevelopment Agency will convene to receive the responses to written objections received either prior to, or during, the February 21 st joint public hearing. According to the City Clerk, a total of five written objections were received. Staff has responded to each of these written objections with a separate letter which was transmitted to the respective authors. Both the objections and the responses to these objections will be introduced into the record by staff. Resolution Certifying Completion of the Final EIR In accordance with the California Environmental Quality Act (CEQA), the Agency has prepared an Environmental Impact Report (the "EIR") on the proposed Amendment. At the February 21, 1995 joint public hearing, the Agency and City Council received the Final EIR and public testimony related thereto. During their March 7,1995 meeting, the Agency will consider certifying the completion of the Final EIR, adopting the CEQA Findings of Fact, a atement of Overriding Considerations, and a Mitigation Monitoring Program with respect to the Final EIR. Resolution Making Findings With Respect to Low and Moderate Income Housing As required by Redevelopment Law, 20% of all tax increment revenues collected by the Agency are to be used for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing in the City. In order to assure the production of these units, the Agency may need to utilize Project No. I Housing Fund revenues on affordable housing projects located outside the boundaries of Project Area No. 1. Section 33334.2(g) of the Health and Safety Code provides the Agency the authority to use such funds outside Project Area No. 1 if the Agency and City Council adopt findings that such expenditure of funds will be of benefit to Project No. I prior to approving the Amended Plan. Attachment: Responses to Written Objections CCJH.003 00005, Redevelopment Agency Minutes 3 March 7, 1995 Agency recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Ms. Honeywell, City Attorney, advised that Agency Members Bangerter, Cathcart, and Pena had conflicts of interest relative to Closed Session Item No. 1 and would abstain. However, Agency Member Cathcart would continue to participate in the discussions because he was selected to participate at a previous meeting through drawing of straws so that a quorum was maintained. 1. Conference with real property negotiator concerning 50 individual residential properties located generally in the Cove, specifically identified in the Agreement with Coachella Valley Land - Negotiator, Byron Radakker - Instructing the negotiator concerning price and term of payment for acquisition of properties pursuant to Government Code Section 54956.8. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding negotiations for proposed commercial and residential development including price and term of payment for property located southeast of the Washington Street and Miles Avenue intersection and north of Avenue 48 between 118 Adams Street and Dune Palms Road. Applicant: Christine Clarke. PUBLIC HEARINGS - 7:00 p.m. JOINT MEETING WITH THE CITY OF LA OUINTA 1. CONTINUED JOINT PUBLIC MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY ON THE REDEVELOPMENT PLAN FOR THE LA QUINTA PROJECT NO, 1 AS AMENDED BY AMENDMENT NO. I AND THE FINAL ENVIRONMENTAL IMPACT REPORT RELATED THERETO. Ms. Honeywell, Agency Counsel, advised that Board Members Bangerter and Cathcart would abstain from participating due to potential conflicts of interest that are greater than the public generally in the subject project area. They then left the dais. Mayor Pena advised that the hearing was a joint hearing with the City of La Quinta that was continued from February 21, 1995 to consider the proposed Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 and certification of the Final Environmental Impact Report (EIR) on the amendment. He added that written objections were entered into the record at that time and the public hearing was AM closed. The purpose of the meeting was to respond to the written objections and further consideration of the proposed Amendment and EIR. Alk Redevelopment Agency Minutes 4 March 7, 1995 Mr. Spevacek, Consultant with Rosenow, Spevacek Group advised that five written communications were received during the public hearing. Four of the letters were from residents who questioned the following: 1) why their properties were located in a redevelopment area; 2) how PGA residents would benefit from the project and believing that residents living in the Cove should be included in the project because they will receive the benefit; 3) eminent domain, and; 4) increase in property taxes resulting from this project. The fifth letter was from CVWD wishing to clarify impacts on a Fiscal Mitigation Agreement between the Agency and the District which was entered into in 1983. He advised that written responses were prepared and asked that those responses be received into the record. RESOLUTION NO. RA 95-04. A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. It was moved by Board Members Pena/Perkins to adopt Resolution No. RA 95-04 as Aft submitted. Motion carried with Board Members Bangerter and Cathcart ABSTAINING. RESOLUTION NO. RA 95-05. A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS WITH RESPECT TO LOW AND MODERATE INCOME HOUSING IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. It was moved by Board Members Perkins/Pena to adopt Resolution No. RA 95-05 as submitted. Motion carried with Board Members Bangerter and Cathcart ABSTAINING. Agency recessed to Closed Session as delineated on Page 3. Agency Board reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code (Brown Act). There being no further business the meeting was adjourned. Rep ctfully submitted, SAUNDRA L. JUHOLA, Secretary RESOLUTION NO. RA 95-03 RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND APPROVING ITS REPORT TO THE CITY COUNCIL AND AUTHORIZING TRANSMITTAL OF THE AMENDED PLAN AND THE REPORT TO THE CITY COUNCIL WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment (the "Amendment No. 1*) to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, pursuant to Section 33352 of the Community Redevelopment I.aw every redevelopment plan submitted by a redevelopment agency to the legislative body shall be accompanied by a report on the proposed redevelopment plan which contains all of the information set forth in Section 33352; and WHEREAS, the Agency has caused the Report to the City Council for the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. I to be prepared in accordance with Section 33352 of the Community Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as follows: Section 1. The Agency hereby approves the Redevelopment Plan for the La Quinta OF Redevelopment Project as Amended by Amendment No. 1 (the "Amended Redevelopment Plan") and recommends that the City Council adopt the Amended Redevelopment Plan as the official Redevelopment Plan for the La Quinta Redevelopment Project, a copy of which is on file and available for review at the offices of the Agency Clerk and incorporated herein by this reference. weL:23612_114241 B2338.42 Resolution No. RA 95-03 Section 2. The Agency hereby approves and adopts the Report to the City Council for _ the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Report"), a copy of which is on file and available for review at the offices of the Agency Clerk and incorporated herein by this reference. Section 3. The Agency's Director is hereby authorized and directed to, transmit the Amended Redevelopment Plan and the Report to the City Council for its review and consideration at the joint public hearing on the adoption of Amendment No. 1. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held the 21st day of February 1995, by the following roll call vote: AYES: Board Members Pena, Perkins, Chairman Sniff NOES: None ABSENT: None ABSTAIN: Board Members Bangerter, Cathcart Chairman, La Quinta R evelopmen cy A T: Xll�gency Clerk APPROVED AS TO FORM: DAWN HONEYWE11, City Attorney PUBL:23612_114241 B2338.42 2 RESOLUTION NO. RA 95-04 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF A FINAL. ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. WHEREAS, the City Council of the City of La Quinta, California (the "City Council') did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the .1a Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of die adoption of a proposed amendment ("Amendment No. 1 ") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La QUinta Redevelopment Project as amended by Amendment No. I (the "Amended Redevelopment Plain") has been prepared in accordance with the provision; of the Community Redevelopment Law; and WHEREAS, the .'Tanning Commission of the City of La Quinta has approved and forwarded to the City Council its report and recommendation, pursuant to Section 33346 of the Community Redevelopment Law, that the proposed Amendment is in conformity with the General Plan of the City of La Quinta and has recommended approval of the Amendment; and WHEREAS, the Agency has prepared an Environmental Impact Report (the "EIR") on the proposed Amendment (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., "CEQA"), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, Sections 15000, et seq. , the "Guidelines"); and WMREAS, all action required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, following notice duly and regularly given as required by law, a joint public hearing has been held by the Agency and the City Council concerning the adoption of the Amendment and review of the Final EIR relating thereto and all interested persons expressing a desire to comment thereon or object thereto have been heard; and 7veL:23524_114241 a2338.42 RESOLUTION NO- RA 95-04 Ah WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the response of the Agency and the City thereto; and WHEREAS, the Agency has reviewed and considered the Final EIR and the Mitigation Monitoring Program with respect to the Amendment and all comments and responses thereto. follows: NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as Section 1. A full and fair public hearing has been held on the Final EIR prepared on the Proposed Project, the Agency has considered all comments received thereon, which comments and responses thereto are contained in the Final EIR. These actions having been taken, the Final EIR is hereby approved, certified, and adopted as the Final EIR for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Project"). Section 2. The Agency hereby certifies that the Final EIR for the proposed Project has been completed in compliance with CEQA and the State CEQA Guidelines, and that the Agency has reviewed and considered the Final EIR and the information contained therein prior to deciding whether to approve the proposed Project and finds that the Final EIR reflects the independent judgment of the Agency. Section 3. The Agency hereby makes and adopts the CEQA Findings and Statement of Facts as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Based on such Findings of Fact, the Agency hereby finds that mitigation measures have been required in, or incorporated into, the Project which will eliminate or reduce to a level of insignificance the potentially significant environmental effects of the Project identified in the Final EIR except for air quality impacts. Based on the foregoing, the Agency finds and determines that as to air quality the Project will have a significant effect upon the environment. Section 4. As to the significant environmental impacts on air quality identified in Section 3 of this Resolution which are not eliminated or substantially lessened, the Agency hereby adopts the Statement of Overriding Considerations set forth in Exhibit "B" which is attached hereto and incorporated herein by reference, and finds that based upon substantial evidence in the record, including, but not limited to the Statement of Overriding Considerations, the specific economic, legal, social, technological and other benefits of the Project outweigh the significant effects on the environment. Section 5. The Agency further finds that the project alternatives identified in the Final EIR either would not achieve the objectives of the Project or would do so only with unacceptable adverse impacts. Accordingly, and for the reasons set forth herein and the Final EIR, those alternatives are infeasible, and none of the alternatives are environmentally superior. Each alternative analyzed, including the "no -project" alternative, reduces development activities and Aft limits the Agency's ability to correct current environmental problems. IV Section 6. The Agency hereby finds and determines that the mitigation measures and the Mitigation Monitoring Program set forth in the Final EIR, will mitigate or avoid all significant Pu6L:23524_114241 BB38.42 2 RESOLUTION NO. RA 95-04 environmental effects that can feasibly be mitigated or avoided. The Agency hereby adopts the Mitigation Monitoring Program as set forth in the Final EIR and Exhibit "C" which is attached hereto and incorporated herein by reference. Section 7. The Agency Clerk is hereby authorized and directed to file with the County Clerk of the County of Riverside, a Notice of Determination, pursuant to Title 14, California Code of Regulations, Section 15094. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quints Redevelopment Agency held the 7th day of March 1995, by the following roll call vote: AYES: Board Members Perkins, Pena, Chairman Sniff NOES: None ABSENT: None ABSTAIN: Board Members Bangerter, Cathcart i Chairman, La Quinta Red velopment A e APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney Pum.:23524_11424IB2338.42 3 EXHIBIT "A" QEOA FINDINGS AND STATEMENT OF FACTS BACKGROUND The California Environmental Quality Act ("CEQA") and the State CEQA ("Guidelines") promulgated pursuant thereto provide: "No Public agency shall approve or carry out a project for which an Environmental Impact Report has been completed and which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless . the blic agency makes one or more of the following findings forfeach of the significant effects, accompanied by a Statement of Facts supporting each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, technological or other considerations including conditions for the provision of employment _ opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City of La Quinta proposes to approve the Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amendment" or the "Project") because the proposed Amendment constitutes a project under CEQA and the Guidelines. The City of La Quinta (the "City") has prepared a Final Environmental Impact Report ("FEIR")• This FEIR has identified certain significant effects which may occur as a result of the Project, or on a cumulative basis in conjunction with this Project and other past, present and reasonably foreseeable future projects. Further, the City desires to approve this Project and, after determining that the EIR was completed in accordance with CEQA and the Guidelines, makes the findings set forth herein: EFFECTS DETERMINED TO BE INSIGNIFICANT An Initial Study was prepared prior to the preparation of the EIR consistent with CEQA and the Guidelines. An Environmental Checklist Form suggested by the Guidelines and utilized by the City was completed to ensure that all environmental topics as required by CEQA were addressed in the EIR. All potential environmental �' GL impacts included in the City's Environmental Checklist have been addressed within the EIR. The following topics which are set forth in the City's Environmental Checklist Form were not addressed in the EIR because the proposed Project includes no significant elements which would cause the following impacts, and the Project raises no issues regarding these impacts; therefore, pursuant to CEQA and the Guidelines, no further analysis of these impacts was required: 1. Unstable earth conditions or changes in geologic substructure. 2. The destruction, covering or modification of any unique geologic or physical features. 3. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake. 4. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. 5. The creation of objectionable odors. 6. Alterations of air movement, moisture or temperature, or any change in climate, either locally or regionally. 7. changes in currents, or the course of direction of water movements in either marine or fresh waters. 8. Alterations to the course or flow of flood waters. 9. Discharge into surface waters, or in any alterations of surface water quality, including but not :Limited to temperature, dissolved oxygen or turbidity. 10. Alteration of the direction or rate of flow of ground waters. 11. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. 12. Exposure of people or property to water related hazards such as flooding or tidal waves. 13. Exposure of people to severe noise levels. 14. Increase in the rate of use of any natural resources. 15. substantial depletion of any nonrenewable natural resource. 5 16. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. 17. Possible interference with an emergency response plan or an emergency evacuation plan. 18. Alterations to waterborne, rail or air traffic. 19. Use of substantial amounts of fuel or energy. 20. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy. 21. A need for new systems or substantial alterations to the following utilities: a: Power or natural gas. b: communication systems. 22. Creation of any health hazard or potential health hazard (excluding mental health). 23. Exposure of people to potential health hazards. 24. The restriction on existing religious or sacred uses within the potential impact area. 25. Environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. FINDINGS AND FACTS IN SUPPORT OF FINDINGS XQR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT Effects Determined to be Mitigateable to a Level of Insignificance HXDROLOGY/DRAINAGE IMPACTS• The Redevelopment Plan for the proposed Amendment includes storm drain improvements in the list of public improvement projects. The construction of needed storm drain improvements by the Agency would have positive impacts for the city and its residents. The construction of new storm drain facilities would reduce the threat of existing localized flooding in the vicinity of the improvements as well as protect property downstream of the improvements. The construction of the storm drain improvements listed in the proposed Amendment would have short-term construction impacts associated with the projects. Some of the potential impacts that could be associated with the construction of new storm drain improvements include temporary traffic delays, construction noise, biological habitat removal, secondary flooding if storm water is re-routed during the construction, etc. The potential environmental impacts 2 associated with construction of storm drain facilities would be evaluated by the City as part of their standard project review procedures. For all applicable projects either a National Pollutant Discharge Elimination System (NPDES) permit for discharge of wastes to surface waters or a Waste Discharge Requirements (WDR) permit for any discharge of wastes to land would be required from the State Water Resources Control Board through the Regional Water Quality Control Board (RWQCB) - Riverside. Based on the threshold criteria for determining potential significant impacts with the proposed Project on hydrology/drainage as identified in the setting the proposed Project is not anticipated to result in significant environmental impacts with regards to hydrology/drainage. Findings: 1. The following changes, alterations and other measures have been incorporated into the Project, or are otherwise being implemented, which will mitigate these impacts to a level of insignificance: a. All private development projects, as applicable, shall submit a hydrology report to the City and the Coachella Valley Water District for review in conjunction with the submittal of a project application. The hydrology study shall state whether or not the existing flood control facilities serving the project can adequately accommodate the runoff from the Project or if improvements would be required. If improvements are required the hydrology report shall identify those improvements. The hydrology report shall be approved by both the City Engineer and the Coachella Valley Water District prior to issuance of grading permits. b. All projects, as applicable, shall acquire all necessary permits and approvals from the Regional Water Quality Control Board and incorporate all applicable Best Management Practices into the project to reduce runoff sedimentation. C. All construction projects involving clearing, grading and excavation of land totalling five acres or more shall obtain all necessary clearances, permits, etc. from the State Water Resources Control Board for National Pollution Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity. d. In areas where permanent storm drain facilities are not available the Agency shall, in association with Agency sponsored projects, provide the necessary infrastructure in accordance with the requirements of the CVWD and City for adequate storm water protection. 7 e. All Agency sponsored or assisted projects shall be 40 protected from 100-year storms in accordance with City Flood Hazard Regulations. POPULATION AND HOUSING IMPACTB Adoption and implementation of the proposed Project would indirectly assist the City in reaching some of the City's Housing Element goals of rehabilitating, maintaining and constructing housing for low and moderate income residents. Under the Community Redevelopment Law the Agency is required to set aside at least 20 percent of all tax increment revenue received from the Project Area to increase, preserve and improve affordable housing for low and moderate income people in the City. The proposed Project would increase the amount of tax increment revenue the Agency can receive by extending the life of the Redevelopment Plan which would correspondingly increase the amount of revenue set aside for use for low and moderate income housing. The future development that could occur within the Project Area with adoption of the Project could result in an increase in population and housing in the Project Area and the City. The adoption and implementation of the Project would not change the existing population and housing projections for the City, but the time period that these numbers are reached could be reduced due to increased development activity as a result of adoption of the proposed Amendment. Findings: 1. The following measures have been incorporated into the Project which will mitigate this impact to a level of insignificance: a. The City shall be responsible for monitoring development project impacts and implementing a mitigation monitoring program as required to achieve a more balanced jobs/housing ratio. b. All future development projects shall be evaluated for potential job/housing balance impacts a development may have on the City and the region. C. The Agency shall use set -aside tax increment revenue to assist low and moderate income families in securing affordable housing in the City. TRANSPORTATION/CIRCULATION IMPACTB The proposed Project includes the construction of public improvement projects that would, upon their construction, result in improved traffic and circulation in the City and the Project Area. The types of traffic, improvement projects listed in the proposed Amendment include street improvements and street widening, traffic signal installation, street re -surfacing, etc. The proposed n ®{�► Project could have positive impacts on the City's transportation - and circulation system if the Agency is able to assist the City in constructing needed traffic improvements. The construction of some of the public projects listed in the Redevelopment Plan, such as storm drain, traffic and utility improvements could encourage and be the impetus for additional private development to occur within the Project Area. The construction of additional residential and commercial uses within the Project Area would generate additional traffic in the City transportation system which could result in significant traffic impacts depending upon the ability of the existing system to adequately accommodate the increased traffic. Findings: 1. The following measures have been incorporated into the Project which will mitigate these impacts to a level of insignificance. a. All future public and private projects shall be reviewed by the City for potential short-term and long-term traffic impacts. Should the City determine that the project could have significant traffic impacts a traffic report shall be prepared and include mitigation measures that will reduce significant traffic impacts to Ak insignificant levels. All feasible mitigation measures listed in the traffic report shall be incorporated into the project to reduce traffic impacts. b. All Agency sponsored projects, including both public and private, shall be consistent with the City's Circulation Element of the General Plan and incorporate all required improvements into the project as identified in the Circulation Element. PUBLIC SERVICES AND UTILITIES IMPACTS Construction of public improvements listed in the Amendment would encourage additional development within the Project Area. Additional development would require the need for additional public services and utilities in order to adequately serve the additional development. The proposed Project will not, of itself, impact police protection services. As development occurs and population increases, police services will, however, experience greater demands. The Amendment will not have an adverse impact on the Fire Department's ability to provide an acceptable level of service. If the Agency can assist the City in constructing public improvement projects that will improve fire protection services beyond the 2 current service level, there would be positive impacts on fire protection service within the Project Area. The adoption and implementation of the Amendment would not directly impact either the Coachella Valley Unified School District or the Desert Sands Unified School District. The construction of the Public improvement projects listed in the proposed Amendment would not directly generate students to area schools. The proposed Amendment could encourage development within the Project Area. Development of residential uses would generate additional students to area schools. The number of students generated and the potential impact would depend upon the number of residential units developed, the type of units (single-family, apartment, condominium, senior citizen), and the ability of the respective schools to accommodate new students. Since the schools in the Coachella Valley Unified School District that serve the Project Area are over -capacity, the generation of additional students to those schools would impact the Coachella Valley Unified School District. Adoption of the proposed Amendment and construction of the listed public improvements would not impact existing park and recreational facilities in the area, including City or Coachella Valley Park and Recreation District facilities. The adoption of the proposed Amendment would result in positive impacts to City park facilities if the Agency can assist the City in constructing needed park improvement projects. The proposed Amendment could encourage development within the Project Area, increasing the demand on park and recreational facilities in the area. Development of additional residential uses and, to some degree commercial uses, would increase the demand for and use of recreational facilities. The City collects a park land fee through the Quimby Act, Government Code Section 66477, that developers of subdivisions are required to pay. All future development within the Project Area, including Agency -sponsored projects of more than 50 residential lots, would be required to either dedicate park land or pay park land fees to the City, as applicable, in compliance with Section 13.24.020 of the Municipal Code. The adoption and implementation of the proposed Amendment is not anticipated to have significant impacts on park and recreational facilities in the City or the area. The projects listed in the proposed Amendment include several wastewater projects that upon construction would have a positive impact upon the Project Area by improving the existing wastewater collection system. Adoption and implementation of the proposed Project could encourage development within the Project Area. The Coachella Valley Water District has indicated that the treatment plant has capacity to adequately accommodate and treat additional wastewater flow. The construction of the water system improvement projects listed in the proposed Amendment would have a positive impact upon the 10 Coachella Valley Water District and its ability to provide an dh adequate supply of water to its customers. The improvements would also improve fire flow resulting in positive impacts on the Fire Department and its ability to protect life and property from the threat of fires. The adoption and implementation of the proposed Project could improve the potential for development to occur within the Project Area. Based upon the Final EIR that was prepared for the City's General Plan the CVWD has, and will have in the future, adequate facilities and water sources to serve the City with water based upon the buildout of the General Plan. The Coachella valley Water District has also indicated that the proposed Project would not impact their ability to provide water to the Project Area. The construction of the public improvement projects listed in the proposed Amendment would indirectly generate additional solid waste to area landfills. The type of solid waste that would be generated include typical construction debris such as dirt and landscaping material, wood, asphalt, concrete, metal, rocks, etc. The generation of additional solid waste to area landfills would incrementally reduce the capacity and life expectancy of the landfill receiving the solid waste. All development within the Project Area, including both public and private, would be required to comply with the City's Source Reduction and Recycling Element (SRRE) and the Household Hazardous Waste Element (HHWE). Findings: 1. The following measures have been incorporated into the Project which will mitigate these impacts to a level of insignificance: a. The Coachella Valley Unified School District and the Desert Sands Unified School District presently collect developer fees associated with residential and commercial development that are used to provide facilities for additional students. Thus, all residential and commercial development in the Project Area would be required to pay the established developer fees to the respective Districts. Pursuant to Government Code Section 65995, no other mitigation measures are required or may be imposed under CEQA. b. All Agency sponsored projects shall pay fees in compliance with the Quimby Act. The fees shall be used to develop recreational projects consistent with the City General Plan and the City's Master Plan of Parks. C. All Agency sponsored projects, including both public and private, shall be reviewed by City staff for potential significant solid waste impacts. If staff determines that a project could have significant solid waste generation impacts measures shall be incorporated into 11 the project to reduce solid waste volume consistent with Aft the SRRE. d. All projects shall also be reviewed by the City for consistency with the Household Hazardous Waste Element. The City shall require that all applicable measures be incorporated into projects to comply with the HHWE. CULTURAL RESOURCE IMPACTS• The construction of public improvements listed in the proposed Amendment and development of additional private projects in the Project Area could have an impact on existing archaeological artifacts. If significant artifacts are discovered, the artifacts would have to be preserved in compliance with the City's Historic Preservation Ordinance No. 207 and Appendix K of the California Environmental Quality Act. Based on information that existing recorded cultural sites exist in the Project Area and that there are historical buildings in the Project Area, it is anticipated that future project construction may uncover existing cultural resources. The potential impact to the resources would have to be evaluated once the resources are discovered and preservation measures identified. Findings: Ak 1. The following measure has been incorporated into the Project IF that will mitigate these impacts to a level of insignificance: _ a. All development projects involving vacant land shall have an archaeological survey conducted to determine whether or not archaeological resources are present. If resources are present they should be recovered, preserved or avoided in compliance with the City's Historic Preservation Ordinance or Appendix K of the CEQA Guidelines, as applicable. LAND USE IMPACTS: The proposed project, if adopted, would not change the existing land use designations currently shown on the City's 1992 General Plan Land Use Policy Diagram map for the Project Area. At the time the Agency proposes to finance the construction of a public improvement project listed in the Redevelopment Plan, the project would have to be consistent with both the City's General Plan and the City's Zoning Ordinance. In addition, all private development would also have to be consistent with all applicable General Plan and Zoning Ordinance requirements. The intensity and schedule of new development could occur earlier than anticipated with adoption of the proposed Amendment. The growth of the City based on the land use diagram in the General Plan could occur earlier due to the construction of infrastructure improvements needed to support new 12 development. The construction of needed public improvements earlier than anticipated would have positive land use impacts because the construction of some of the public improvements would serve to protect life and property of existing and future residents and buildings located in the Project Area. Findings: 1. The following measures have been incorporated into the Project that will mitigate these impacts to a level of insignificance: a. All Agency sponsored projects shall be consistent with the City's General Plan and Zoning Ordinance. b. The Agency shall assist the City in constructing those public improvement projects first that reduce or eliminate the potential threat of loss of life or property. BIOLOGICAL RESOURCE IMPACTS• The construction of some of the public improvement projects listed in the Amendment could result in the removal and destruction of existing biological resources. The construction of storm drain facilities within existing washes and natural drainage courses could impact rare or endangered plant or animal species by removing the plants themselves or removing wildlife habitat. Adoption of the proposed Project could encourage development within the Project Area which could impact biological resources. There are rare and endangered plant and animal species present in the Project Area that could be impacted due to development. The proposed Amendment could indirectly result in biological impacts due to development within the Project Area that may occur with implementation of the Amendment. The impacts, however, will not be different or more significant than the impacts that can occur presently by development in the Project Area without the proposed Amendment. Findings: 1. The following measure has been incorporated into the Project that will mitigate these impacts to a level of insignificance: a. The City Planning and Development Department shall review all projects for potential biological impacts. If the Department determines that a project could have a significant biological impact a biological survey shall be conducted and submitted to the Planning and Development Department for their review as applicable. If the survey determines that potential significant biological impacts could occur the Department shall incorporate measures into the project to mitigate the qW impacts. 13 HUMAN HEALTH IMPACTS• Adoption and implementation of the proposed Project could increase the number of vectors such as gnats and mosquitoes. During the construction phase of some projects, breeding habitat acceptable for vectors, such as standing water, could allow populations of some vectors to increase. Proper engineering and routine maintenance of gutters, catch basins, drainage systems and other types of water holding devices or areas could prevent or minimize the creation of mosquito breeding situations. If the City requires that all public and private projects incorporate all applicable Coachella Mosquito Abatement District measures to prevent and control vector breeding habitat, there would not be any significant vector impacts. Findings: 1. The following measure has been incorporated into the Project that will mitigate these impacts to a level of insignificance. a. All projects assisted by the Agency shall be reviewed by the Coachella Valley Mosquito Abatement District. All applicable vector control measures recommended by the Coachella Valley Mosquito Abatement District shall be incorporated into the project. SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROJECT 18 IMPLEMENTED AIR QUALITY IMPACTS• Adoption and implementation of the proposed Amendment could have both short-term and long-term air quality impacts. The short-term air quality impacts include exhaust emissions associated with the operation of engine powered construction equipment, particulate matter and fugitive dust. The significance of short-term air quality emissions associated with the construction of projects would be more thoroughly determined at the time specific projects are submitted to the City for approval. The potential. long-term air quality impacts associated with the proposed Project include those air emissions that are anticipated to occur with the operation of both public and private projects on a daily and on -going basis throughout the life of the individual project. The stationary emissions include those from natural gas combustion for space heating and cooking and the use of electricity for lighting and operation of electrical equipment. Mobile emissions result from such uses as the operation of motor vehicles associated with employees, residents and patrons commuting to a site, vehicles delivering goods and services to a site and other modes of transportation. At this time the proposed Project is not anticipated to have significant impacts on air quality based on the SCAQMD's established air quality emission thresholds. There could -' 14 be air quality impacts associated with the development of public and private projects in the future, but at this time the potential significance of the air emissions cannot be determined. Findings: 1. The following measures have been incorporated into the Project that will mitigate these impacts to the extent feasible. a. The City shall review all public improvement and private development projects for potential air quality impacts. Should a project have potential air quality impacts an air quality analysis in compliance with the SCAQMD CEQA Handbook shall be prepared for City review and approval. b. All applicable mitigation measures identified in the SCAQMD CEQA Handbook shall be incorporated into projects constructed within the Project Area to reduce to insignificant levels those emissions estimated to exceed District thresholds. C. All projects shall comply with and implement all applicable implementation measures of the City's Air Quality Element of the La Quinta General Plan. d. Project construction shall cease on days with a Stage 2 or greater smog alert. e. The City shall maintain and encourage the construction of pedestrian and bicycle systems when feasible to promote non -motorized transportation consistent with the City's Circulation Element of the General Plan. f. All project shall be required to incorporate all applicable Transportation Demand Management (TDM) practices per the City's TDM ordinance. g. All projects shall comply with all applicable fugitive dust control measures listed in the City's Fugitive Dust Control Ordinance #219. 2. Most significant environmental effects that can feasible avoided have been reduced by virtue of air quality mitigation measures in the Final EIR or otherwise incorporated into the Plan as set forth in "1" above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect, and in view of the following fact: 15 Awk a. Impacts identified from the proposed Plan Amendment are considered significant only on a cumulative basis in association with other projects occurring on a local and regional scale. 16 EXHIBIT 11B" STATEMENT OF OVERRIDING CONSIDERATIONS 1. The Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amendment") is an essential means for the continued provision of removing, preventing and eliminating existing physical and economic conditions which cause blight within the La Quinta Redevelopment project (the 'Project Area"). Z. Continued and expanded implementation of the Redevelopment Plan for the La Quinta Redevelopment Project under the Amendment will result in the reduction of negative impacts associated with blight that currently exists within the Project Area due to inappropriate and undirected development and the lack of adequate public services and infrastructure. 3. The Amendment will provide for the orderly expansion and upgrades of public services and facilities within the Project Area which will improve or provide for public health, safety and welfare to the benefit of the citizens of the City of La Quinta and avoid the undesirable impacts of noncontiguous and uncontrolled development that lacks adequate public services and facilities. 4. The Amendment will be essential in attracting new residents, business and visitors to the Project Area and the City of La Quinta, and protecting the public welfare, safety and health of residents and business owners within the Project Area. 5. Impacts identified as significant in the EIR are generally associated with normal growth, progress and prosperity and would be much more severe without implementation of the proposed Amendment. 6. The Amendment will be instrumental in causing new areawide Public facilities to be constructed which will benefit both existing development and other future development within the Project Area as well as the City of La Quinta as a whole. 7. The Amendment will ultimately throughout the life of the Redevelopment Plan, create new jobs for new and/or expanded public facilities construction, future construction of new development and the provision of expanded and increased public services and facilities for a larger population base within the Project Area. 8. The Amendment will enhance the long term economic well being _ of the community. 17 11 11 9• The Amendment will provide opportunities for the expansion of the community's supply of housing (on a city-wide basis) including housing opportunities for low and moderate income households. is 11 EXHIBIT "C" MITIGATION MONITORING PROGRAM 19 CITY OF LA QUINTA MITIGATION MONITORING PROGRAM FOR CEQA COMPLIANCE AMENDMENT NO. 1 TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 PREPARED FOR: LA QUINTA REDEVELOPMENT AGENCY 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (619) 777-7000 PREPARED BY: STEVENSON, PORTO & PIERCE, INC. 18195 MC DURMOTT EAST, SUITE C IRVINE, CALIFORNIA 92714 (714) 660-8822 FEBRUARY 1995 L In N OI .1 4k 2 q� n Ai •• ,71 G9 co 04 oaa zso 14 U aEC a a c vaiwo w 84 °w toaa a aI ri H n a Gw n a EN n C UO E+ v O1 N O O z z z o i-1 w 00 EAJ OOy N E4 ZF� O aNe to W @4 a V4 W .1 .r C14 WA, X {y W �G �Q P: a E "x a •• woxai .zN M 90 94 8D 1 m um 0469 M H 1-4GOO N 44 Ea+ .i U CIp 944H. 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Adopt Resolution No. adopting written findings and written responses to written objections received in regard to the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by IML Amendment No. 1. 3. Adopt Resolution No. certifying the completion of a Final Environmental Impact Report for the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1. Adopt Resolution No. making certain findings with respect to low and moderate income housing in connection with the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1. 5. Approve the report and recommendations of the Project Area Committee (PAC). 6. Move to take up Ordinance by title and number only and waive further reading. Move to introduce Ordinance on first reading. None at this time. However, adoption of the Ordinance approving Amendment No. I (the "Amending Ordinance") will provide the Redevelopment Agency the authority to undertake additional redevelopment activities. The total cost of the proposed redevelopment program is $1.842 billion, consisting of taxing entity payments of $959.7 million, existing debt service obligations of $58.4 million, affordable housing program costs of $367.5 million, and nonhousing/administrative costs of $456.4 million. In order to finance the projected $1.842 billion for the development program, the Amended Redevelopment Plan incorporates a $2.0 billion tax increment revenue limit, and a $200.0 million bond indebtedness limit. If the Amending Ordinance is adopted, public facility, infrastructure, and housing projects authorized by the Amended Plan may be implemented over the duration of the Amended Plan, which expires in November, 2023. Also, the Amending Ordinance does not approve any specific project or program at this time; as funds are available, the Agency will then consider specific projects, programs, and related r ACKGROUND AND OVERVIEW: On February 21, 1995, the City Council and Redevelopment Agency convened a joint public meeting to receive evidence and public testimony regarding the proposed Amended Redevelopment Plan. During the joint public meeting, the Agency presented to the City Council the proposed Amended Plan, Report to the City Council, and other documents pertinent to the Amendment. These documents described the reasons for the Amendment, and delineated the Agency's proposed redevelopment program. In addition, the joint public hearing provided the public an opportunity to offer oral or written objections to the proposed Amended Plan. Five written objections were entered into the record; oral testimony resulted in one speaker in favor of the amendment and no speakers in opposition. This joint public meeting was continued to March 7, 1995, for additional consideration of the merits of the Amendment. FINDINGS AND ALTERNATIVES: The procedures for convening the continued joint public hearing and subsequent consideration of matters with respect to the Amendment are prescribed by Redevelopment Law. This report outlines the purpose and process for considering the next actions relating to the Amendment. Introduce into the Record the Responses to Written Objections On March 7th, the City Council and Redevelopment Agency will convene to receive the responses to written AN bjections received either prior to, or during, the February 21 st joint public hearing. According to the City Clerk, a total of five written objections were received. Staff has responded to each of these written objections with a separate letter which was transmitted to the respective authors. Both the objections and the responses to these objections will be introduced into the record by staff. Resolution Approving Responses to Written Objections Pursuant to Section 33363 of the Redevelopment Law, the City Council is to adopt the responses to written objections received prior to the public hearing. These objections and the letters in response to these objections comprise the response to written objections; the responses to written objections are attached hereto. Staff recommends that the City Council adopt the resolution that approves these responses as the formal written responses to written objections. Resolution Certifying Completion of the Final EIR In accordance with the California Environmental Quality Act (CEQA), the Agency has prepared an Environmental Impact Report (the "EIR") on the proposed Amendment. At the February 21, 1995 joint public hearing, the Agency and City Council received the Final EIR and public testimony related thereto. During their March 7, 1995 meeting, the City Council will consider certifying the completion of the Final EIR, adopting the CEQA findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program with respect to the Final EIR. Ah esolution Making Findings With Respect to Low and Moderate Income Housing As required by Redevelopment Law, 20% of all tax increment revenues collected by the Agency are to be used for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing in the City. In order to assure the production of these units, the Agency may need to utilize Project No. 1 Housing nnn74+9 and revenues on affordable housing projects located outside the boundaries of Project Area No. 1. Section 33334.2(g) of the Health and Safety Code provides the Agency the authority to use such funds outside Project Area No. I if the City Council adopts findings that such expenditure of funds will be of benefit to Project No. 1 prior to approving the Amended Plan. Consider Recommendations of the Project Area Committee At their final meeting convened on January 11, 1995, the Project Area Committee (PAC) approved the attached report on the proposed Amendment. In their report, the PAC recommended approval of the Amendment and submitted five projects for City Council consideration for inclusion into the Public Facilities and Infrastructure Improvement Projects listed in the Amended Redevelopment Plan. These projects are described on the PAC: report. Ordinance Adopting Amendment No. 1 Finally, if both the City Council and Agency approve their responses to written objections and certify the completion of the Final EIR, the City Council may introduce and waive the first reading of the Amending Ordinance to approve the Amendment. The Amending Ordinance finds that blight continues to exist within Project Area No. 1, sets forth the Agency's goals and objectives of the Amended Plan, and determines that the Amended Plan will redevelop Project Area No. 1 to eliminate these blighting conditions. Following the first reading of the ordinance, City Council would adopt the Amending Ordinance at the next regular meeting on March 21, 1995. If approved by the City Council, the Amending Ordinance and the Amended Plan would take effect thirty (30) days after the second reading,. Development Director Attachments 1. Responses to Written Objections 2. Project Area Committee Report (contained within the Redevelopment Agency notebook distributed at the last meeting) yE 000218 ® City Council Minutes 20 March 7, 1995 Mr. Genovese, City Manager, asked if the developer had agreed to the modified conditions. Mr. Deman said he didn't have a problem with the change in the street from a knuckle turn to a small curve, nor did he object to the block wall, but referred to comments from staff at the Planning Commission regarding visual impacts for traffic due to the wall. Mr. Cosper advised that he didn't foresee any problem with the wall. RESOLUTION NO. 95-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT 25691(AMENDMENT NO. 1) — A REQUEST TO REDESIGN A 39-LOT SINGLE-FAMILY SUBDIVISION. It was moved by Council Members Sniff/Cathcart to adopt Resolution No. 95-11 modifying Condition Nos. 20 and 40. Motion carried unanimously. ® JOINT MEETING WITH THE LA OVINTA REDEVELOPMENT AGENCY 2. CONTINUED JOINT PUBLIC MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY ON THE REDEVELOPMENT PLAN FOR THE LA QUINTA PROJECT NO. 1 AS AMENDED BY AMENDMENT NO. 1 AND THIN FINAL ENVIRONMENTAL IMPACT REPORT RELATED THERETO. Ms. Honeywell, City Attorney, advised that Council Members Bangerter and Cathcart would abstain from participating due to potential conflicts of interest that are greater than the public generally in the subject project area. They proceeded to leave the dais. Mayor Pena advised that the hearing was a joint hearing with the Redevelopment Agency that was continued from February 21, 1995 to consider the proposed Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 and certification of the Final Environmental Impact Report (EIR) on the amendment. He added that written objections were entered into the record at that time and the public hearing was closed. The purpose of this meeting was to respond to the written objections and further consideration of the proposed Amendment and EIR. Mr. Spevacek, Consultant with Rosenow, Spevacek Group advised that five written communications were received during the public hearing. Four of the letters were from residents who questioned the following: 1) why their properties were located in a redevelopment area; 2) how PGA residents would benefit from the project and believing that residents living in the Cove should be included in the project because they will receive the benefit; 3) eminent domain, and; 4) increase in property taxes resulting from AhL City Council Minutes 21 March 7, 1995 this project. The fifth letter was from CVWD wishing to clarify impacts on a Fiscal Mitigation Agreement between the Agency and the District which was entered into in 1983. He advised that written responses were prepared and asked that those responses be received into the record. RESOLUTION NO. 95-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING WRITTEN FINDINGS AND WRITTEN RESPONSES TO WRITTEN OBJECTIONS RECEIVED IN REGARD TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. It was moved by Council Members Sniff/Perkins to adopt Resolution No. 95-12 as submitted. Motion carried with Council Members Bangerter and Cathcart ABSTAINING. RESOLUTION NO. 95-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. It was moved by Council Members Sniff/Perkins to adopt Resolution No. 95-13 as submitted. Motion carried with Council Members Bangerter and Cathcart ABSTAINING. RESOLUTION NO. 95-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO LOW— AND MODERATE —INCOME HOUSING IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. It was moved by Council Members Sniff/Perkins to adopt Resolution No. 95-14 as submitted. Motion carried with Council Members Bangerter and Cathcart ABSTAINING. ® MOTION - It was moved by Council Members Sniff/Perkins to approve the report and recommendations of the Project Area Committee (PAC). Motion carried with Council Members Bangerter and Cathcart ABSTAINING. MINUTE ORDER NO. 95-54. 1. 111 LJ City Council Minutes 22 March 7, 1995 MOTION - It was moved by Council Members Sniff/Perkins to take up Ordinance No. 264 by title and number only and waive further reading. Motion carried with Council Members Bangerter and Cathcart ABSTAINING. ORDINANCE NO. 264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. It was moved by Council Members Sniff/Perkins to introduce Ordinance No. 264 on first reading. Motion carried by the following vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Members Bangerter, Cathcart Council recessed to Closed Session as delineated on Page 15. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code (Brown Act). There being no further business, the meeting was adjourned. submitted, MUNDRA L. JUI40LA, City Clerk City of La Quinta, California RESOLUTION NO. 95-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING WRITTEN FINDINGS AND WRITTEN RESPONSES TO WRITTEN OBJECTIONS RECEIVED IN REGARD TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 WHEREAS, the City Council of the City of La Quinta, California ;the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did. thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (t.3e "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment (the ",Amendment No. 1 ") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, on February 21, 1995, a duly noticed joint public hearing at a joint meeting of the City Council and the Agency on the proposed Amendment No. I was conducted by the City Council and the Agency, and said joint meeting was continued to March 7, 1995; and WHEREAS, any and all persons having any objections to the proposed Amendment No. 1, or the regularity of the proceedings, were given an opportunity to submit written comments prior to the commencement of or at the joint public hearing, or to give oral testimony at the joint public hearing, and show cause why the proposed Amendment No. 1 should not be adopted; and WHEREAS, Section 33363 of the Community Redevelopment Law, requires that before adopting the Amended Redevelopment Plan, the City Council must make written findings in response to each written objection of an affected property owner or taxing entity, addressing such objections in detail and giving reasons for not accepting specified objections and suggestions; and WHEREAS, the City Council has directed the Agency staff to respond to written AL objections received from affected property owners and taxing entities, giving reasons for not accepting specified objections and suggestions, and the City Council has reviewed such responses; and PueL:23615_1 14241 B2338.42 RESOLUTION NO. 95-12 ,l WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in support of and in opposition to the adoption of Amendment No. 1. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of La Quinta as follows: Section 1. The City Council hereby finds that the City Council and the Agency have duly complied with all the provisions, requirements and procedures of the Community Redevelopment Law, relating to the preparation and adoption of Amendment No. 1. Section 2. The City Council hereby finds that all persons have had the opportunity to be heard or to file a written objection to the proposed Amendment No. 1. Section 3. Having heard and carefully reviewed all oral objections presented at the joint public hearing on Amendment No. 1, the City Council hereby finds and determines that sound reasons exist in the record of the joint public hearing (including, without limitation, testimony presented by Agency staff in response to such oral objections) to justify adoption of Amendment No. I as proposed, notwithstanding such oral objections, and such oral objections are, accordingly, overruled. Section 4. Having heard and carefully reviewed all written objections presented by each affected property owner or taxing entity, the City Council hereby makes the required written findings and responses to such written objections, as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and determines that (i) the responses to written objections are supported by substantial evidence, and (ii) there are sound reasons to justify adoption of Amendment No. 1 as proposed, notwithstanding such written objections. rusL23615_114241 BM38.42 2 RESOLUTION NO. 95-12 Section 5. The City Council, accordingly, overrules any and all objections to the go adoption of Amendment No. 1. u 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held the 7th day of March , 1995, by the following roll call vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Members Bangerter, Cathcart JOHN PENA, Mayo , City of U Quinta APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney Pueu73615_1 1 aia I M33s.az 3 C U 11 EXMIT "A" RESPONSES TO WRITTEN OBJECTIONS [To be inserted] PUBL23615_114241 B2338.42 ACk WRITTEN RESPONSES TO WRITTEN OBJECTIONS SUBMITTED AT THE FEBRUARY 21, 1995 JOINT PUBLIC HEARING ON THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 AS AMENDED BY AMENDMENT NO. 1 AND THE FINAL ENVIRONMENTAL IMPACT REPORT RELATED THERETO March 1, 1995 On February 21, 1995, the City Council of the City of La Quinta and the La Quinta Redevelopment Agency held a joint public hearing on the proposed Redevelopment Plan for the La Quinta Redevelopment Project No. 1 as amended by Amendment No. 1 ("Plan") and Final Environmental Impact Report ("Final EIR"). The purpose of the hearing was to receive both oral and written testimony for and against the proposed Plan and Final EIR. During the hearing, no written or oral objections were expressed regarding the Final EIR; but the following written objections were filed regarding the Plan: • Mr. Nial Morgan, a resident of the City of La Quinta • Mr. Irvin C. Chapman, an owner of property in the City of La Quinta • Mr. & Mrs. Fred Olds, owners of property in the City of La Quinta 11 • Mr. & Mrs. Richard Earl Bean, residents of the City of La Quinta Mr. Tom Levy, General Manager -Chief Engineer of the Coachella Valley Water District, an affected taxing entity. Section 33363 of the California Community Redevelopment Law (the "Law") requires that before adopting a redevelopment plan, the City Council shall evaluate all evidence and testimony, both for and against the adoption of the plan, and shall make written findings in response to each written objection of an affected property owner or taxing entity. The Law further states that the City Council shall respond in writing to the written objections received before or at the noticed public hearing and that these responses shall describe the disposition of the issues raised and address in detail the reasons for not accepting specified objections ,and suggestions. Staff has responded to each of these written objections with a separate letter which was transmitted to the respective authors. This document presents the objections and the corresponding written responses for objections submitted on the Plan. 00005ro La QWi WpNe . 7 � 41 s CA IC�'y FAA - & Iy - 771-71 a I u F",,,k, D AN 19 1995 PLANNING DEPARTMENT n WAA 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 •- (619) 777-7000 FAX (619) 777-7101 February 17,1995 Mr. N1al Morgan 54.252 Oaktree La Quinta, CA 92253 SUBJECT: LETTER REGARDING OBJECTION TO THE PROPOSED PLAN AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO.1 Dear Mr. Morgan, I have received your letter regarding your objections to the proposed Plan Amendment to the Redevelopment Plan for the La Quints Redevelopment Project No. 1. In your letter, you expressed concern regarding the Inclusion of your property within the boundaries of the Redevelopment Project Area No.1 and the costs in connection with the infrastructure projects proposed under the Amended Redevelopment Plan. 1 would like to take this opportunity to explain why your neighborhood is in the Project Area boundaries and explain bow the Agency will go about financing the projects listed In the Amended Plan. In 1983, the Agency created Redevelopment Project No. 1, which incorporated the southern area of the City, from Avenue 50 to the southern City limits, thus your property has been included within the boundaries of Project Area No.1 since Its inception, and is not being added pursuant to the proposed Amendment. In 1993, the property later known as PGA West was undeveloped. The objectives of the Agency upon the adoption of Project Area No. 1 were to improve the streets, sewers, and flood control systems in the Project Area. As ninny residents will recall, this area of the City was particularly vulnerable to flood damage during seasons of heavy rainfall. Traffic congestion also was a recurring problem. In addition, the Project Area needed various improvements to promote the downtown (Village) area. In response to your concern regarding payment of the costs of the proposed infrastructure projects, it should be noted that a common misperception of redevelopment is that it causes an increase in property taxes. However, the California Constitution prohibits any public agency from increasing property taxes. Thus, the Agency has no authority to raise property Ah taxes. Money for redevelopment activities comes from "tax increment revenue", which is based on the reallocation of a portion of the property tax revenues from the County, schools and special districts to the Agency. You will not be charged or incur any additional costs as a result of the proposed amendment to the Redevelopment Plan. 000054,E LTRJRA32 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 �(� 11 These tax increment revenues collected by the Agency from Project Area No.1 to date have been used by the Agency to Issue bonds to fund many redevelopment projects. With redevelopment, the Agency has improved the flood control facilities In and around the areas most susceptible to storm water damage. The Agency has also sponsored a program to upgrade sewers from deterlomft septic tanks to modem sewage treatment facilities. Other activities include the reconstruction of a new Washington Street bridge crossing over the Whitewater Storm Channel, the cons ruction of the first grocery store in southern La Quinta, and improvements to various public parks. While not every redevelopment activity the Agency has undertaken directly benefits your property, the improvements on major streets like Washington and Jefferson Streets Will certainly benefit the accessibility to and from PGA West. In addition, the new Ralph's on Washington Street provides shopping much closer than other markets in the Clty. The proposed Plan Amendment will provide improvements to local public parks and the Lake Cahuilla Regional Park in your area. I hope this letter helps you understand the reasons for the inclusion of PGA West within the boundaries of Project Area No.1 and the nature of the financing mechanism utilized by the Agency to construct the projects being proposed. For your information, your letter will be submitted to the City Council during the public hearing. If you have any further questions, please do not hesitate to contact me at (619) 777.7125. Very truly yours„ J JERRY BERMAN COMMUNITY DEVELOPMENT DIRECTOR JH:JS:bjs LUAW 000055 E IRVIN C. CHAPMAN 2962 Airway Avenue Costa Mesa, California 92626 (714) 540.1588 January 16, 1995 City of La Quinta 78-495 Calle Tampico La Quinta, CA. 92253 Attn: Mr. Jerry Herman Community Development Director Dear Mr. Herman, - JAN 2 3 199 5 G7YCF�A�U oi4 aNllING 'PE P J)' We own a condo in Santa Rosa Cove and are responding to your notice of a Joint Public Hearing on Feb. 21, 1995 to consider plans to amend your Redevelopment Plan. I have a question. If the amended plan is approved, your point #2 states it would "increase the amount of tax increment which the Agency may receive." How would an increase be made available if the area in the District is not expanded? As Chairman of one of the redevelopment Districts in Fullerton, I am basically familiar with the rules of redevelopment and am puzzled by your statement and would appreciate a response. Incidentally, your map identifies several key east/west avenues, but no key north/south streets are clarified. This would be helpful. :sfs Thank you. Sincerely, Irvin C. Chapman 000056 ID , -I , �' ,I W! " � "', 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 February 21, 1995 Mr. hvin C. Chapman 2982 Airway Avenue Costa Mesa, CA 92626 SUBJECT: LETTER REGARDING OBJECTION TO THE PROPOSED PLAN AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 Dear Mr. Chapman, I have received your letter regarding your questions in connection with the proposed Plan Amendment to the La Quanta Redevelopment Project No.1. In your letter, you have asked how the Agency could Increase the amount of tag increment revenue it could receive without Increasing the size of the Project Area. As Chairman of one of the Redevelopment Districts In Fullerton, you may be aware that under the Community Redevelopment Law, redevelopment plans must contain a dollar limitation on the amount of tag increment revenue which can be collected by an agency. Once this limit is reached, the Agency is not permitted to collect any additional tag increment revenue from the project area. The existing Redevelopment Plan for the La Quanta Redevelopment Project No. 1 has a cumulative $300 million tag increment revenue limit. The proposed Plan Amendment will Increase the tag increment limit in order to provide the Agency with the ability to continue to collect tag increment revenue necessary to complete the funding of Its proposed redevelopment programs. in this manner, no change to the boundaries of Project Area No.1 will be necessary. While the existing tag increment limit may seem high at first glance, it Is important to understand that only $0.08 for every dollar of tax increment revenue collected is available to the Agency to fund nonhousing projects. The remainder of this amount is paid to the County, schools, special districts and the Agency's affordable housing fund required by law. If the 000 million limit is not increased, the Agency will run out of money In about 13 years, while many redevelopment projects would go unfunded. Also, you mentioned that the map enclosed with the notice you received did not indicate key north -south streets. This map did highlight Jefferson Street, but no other north -south streets could be labeled due to the small scale of the map. The proposed Amended Plan, on file with the City Clerk, narratively describes other primary arterials, including Elover, Washington, and Madison Streets. 000091 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA. CALIFORNIA 92253 ��. l I hope that this letter clarifies your questions regarding the proposed Increase in the tax increment revenue Undt. For your information, your letter will be submitted to the City Council during the public hearing. If you have any further questions, please do not hesitate to contact me at (619) 777.7125. Very truly yours, JERRY MERMAN COMMUNITY DEVELOPMENT DIRECTOR JH:JS:bjs C 11 LLAUIM.'t4 lc ?MenzP,3 n_Mprr+,Fwi ER1y on Tt� x P Sz o f 1� Nl R �,zi t H SY L. n a v t iu"ri; E D v C I o p 1'2 stit'1" p R c7 E Cr Itt't t.Jtts Ts o % x P)l s Nt o NE 7 ENE QKI S 'rt► T31�C� QEVF Eb p&12�j pE�,pl ST/ajqD '1'o LD:5E RT of TuE Ff�i�Z s U1n v I p i3 g� IN ;-A vo r�- d F R E c 14 )1 A c.i'l � N P ,7rB 31IN S T" 714E C)T� -�qT vo-rt= M, g nlrs Fro o1 cp$ �lE �J TfL v ?fit �ou 2 S 3 0 Cy P"e' s t t' CA vIP7 0000-59 11 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 February 17, 1995 Mr. and Mrs. Fred Olds 25327 Cypress Street Lomita, CA 90717 SUBJECT: LETTER REGARDING OBJECTION TO THE PROPOSED PLAN AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO.1 Dear Mr. and Mrs. Olds, I have received your letter dated January 16,1995 regarding your objections to the proposed Plan Amendment to the La Quinta Redevelopment Project No.1. In your letter, you expressed concern regarding the Redevelopment Agency's intentions for the Redevelopment Project No. 1. I would like to clarify the reasons why the Agency needs to continue redevelopment in Project Area No.1. The La Quinta Redevelopment Project No. 1 was created in 1983 to permit the Agency to improve the streets, sewers, and flood control systems In the Project Area. As many residents will recall, this area of the City was particularly vulnerable to flood damage during seasons of heavy rainfall. Traffic congestion was also a recurring problem. In addition, the Project Area needed various improvements to promote the downtown (village) area. With redevelopment, the Agency has improved the flood control facilities in and around the areas most susceptible to storm water damage. The Agency has also sponsored a program to upgrade sewers from deteriorating septic tanks to modern sewage treatment facilities. Other activities include the reconstruction of a new Washington Street bridge crossing over the Whitewater Storm Channel, the construction of the first grocery store in southern La Quints, and improvements to various public parks. Despite the Agency's best efforts to date, the Project Area continues to need redevelopment assistance. Properties in the northern area of the Cove and village are still susceptible to flooding. Major roads such as Washington and Jefferson Streets need to be widened. Bridges, traffic signals and street lights are also needed to improve public safety and traffic Ask circulation. In addition, the Project Area still laths sufficient park space to meet the needs of the residents. LTB"l MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 11 You also expressed concern about how the proposed Plan Amendment could cause retirees to lose their homes by eminent domain. However, the Agency does not have any specific plans at this time to acquire any property by eminent domain. Since 1983, the Agency has only used eminent domain in three Instances in order to acquire right-of-way for the improvements to Avenue 52, Washington Street and Calle Tampico. It should also be noted in this regard, as required by State law, the Agency is to use 20% of the revenue It receives from Project No. I to fund affordable housing programs. Using some of this money, the Agency has funded the construction of the City's first senior citizen housing complex. This 91-unit rental project will be located adjacent to the City's new Senior Center. Although the Agency has seldom used eminent domain, the inclusion of this element In the Amended Redevelopment Plan is critical to the Agency's overall redevelopment program. Eminent domain Is useful in land acquisition projects such as street widening or storm drain Improvements, In which land assembly Is essential to the success of the project. In other cases, eminent domain can be useful during property negotiations with multiple owners of a small area of property. At this point, the Agency does not have any specific plans for acquisition of property by eminent domain. Moreover, it is important to understand that, like all public agencies, the Agency is bound by State Acquisition Law and cannot use eminent domain without first seeking the property owner's Interest In participating in the potential project Generally, acquisition by eminent domain is a four to 15 mouth process. Whether or not the Agency uses eminent domain, any property acquired by the Agency must be based on an opinion by an Independent appraiser to determine the fair market value of the property. The Agency also is obligated to assist in relocation of the occupants of acquired property. I hope this letter helps you understand the reasons for the Plan Amendment process that the Agency needs to follow to acquire property. For your information, your letter will be submitted to the City council during the public hearing. if you have any further questions, please do not hesitate to contact me at (619) 777.7125. very truly yours, JERRY COMMUNITY DEVELOPMENT DIRECTOR JH:JM:bjs 000061. Maui c� M To: La Quinta City Council and PJ� La Quinta Redevelopment Agency (the Agency) P.O. Box 1504 RECEIVED 78-495 Calle Tampico La Quinta, CA 92253 '95 FEB 6 N1 12 18 Attn: Mr. Jerry Herman CITY. OF Community Development Director v��YCtP&4k LERK From: Richard Earl Bean and Nan Glennon Bean P.O. Box 243 51-401 Guatemala (corner Cadiz) La Quinta CA 92253 Date: January 26, 1995 Subject: Objection to Proposed Right of Eminent Domain for Presentation in Joint Public Hearing on Tuesday, February 21, 1995 Gentlemen and Ladies: We are writing this letter to ask that it be presented to those in attendance at the subject Joint PUblic nearing on Tuesday, February 21, 1995. This letter documents our objection to the proposed provision which would allow the Agency to use eminent Am domain. IF We own and have resided at 51-401 Calle Guatemala (corner Avenida Cadiz), otherwise known as Lots 1, 2, and 3 of Block 6, Map Book 020/006 Desert Club Tract Unit 2, for approximately thirty (30) years, and we object violently to any proposed provision which would allow the Agency to take away our residential home and adjacent residential land. +e 'lave discussed the proposed right of eminent domain with other (neighboring) home owners and all expressed the following beliefs: (1) It is totally unjustifiable to propose providing for the Agency's acquisition of, and I quote, "any and all real property within the :Project Area", when, and I quote, "the Agency has no specific plans (for such acquisition) for any of the properties within the Project Area." Such provisions should be submitted for public consideration and approval only if and when an, actual need has arisen and is specifically defined. (2) If any such need should arise, then the right of acquisition by condemnation or eminent domain should not be applied to residential property or property zoned as residential property at the time of purchase by the then current owner. 0000611 We will appreciate your providing copies of this letter to members of the City Council and of the Redevelopment Agency, and we will appreciate your reading this letter at the subject Public Hearing for consideration those in attendance. We thank you in advance for this favor. 1 ;, ,,Q ,� 1�� 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 February 17,1995 Mr. & Mrs. Richard Bean P.O. Box 243 51.401 Calle Guatamala La Quints, CA 92253 SUBJECT: LETTER REGARDING OBJECTION TO THE PROPOSED PLAN AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 Dear Mr. and Mrs. Bean, I have received your letter dated January 26,1995 regarding your objections to the proposed Plan Amendment to the La Quints. Redevelopment Project No.1. In your letter, you expressed Ah concern regarding the Redevelopment Agency's need to use eminent domain to acquire residential real property. I would like to clarify a few points regarding the reasons for the inclusion of eminent domain in the proposed Amended Redevelopment Plan. Since the La Quints Redevelopment Project No.1 was created In 1983, the Agency has had the ability to employ eminent domain in projects Involving land acquisition. Over the subsequent 11 years, the Agency has only exercised this authority in 3 Instances in order to acquire right- of-way for the improvements to Avenue 52, Washington Street and Calle Tampico. Although the Agency has seldom used eminent domain, the inclusion of this element in the Amended Redevelopment Plan is critical to the Agency's overall redevelopment program. Eminent domain is useful in land acquisition projects such as street widening or storm drain improvements, In which land assembly is essential to the success of the project. In other cases, eminent domain can be useful during property negotiations with multiple owners of a small area of property. At this point, the Agency does not have any specific plans for acquisition of property by eminent domain. Moreover, it is important to understand that, like all public agencies, the Agency is bound by State Acquisition Law and cannot use eminent domain without first seeking the property owner's interest in participating in the potential project. Generally, acquisition by eminent domain is a four to 15 month process. Whether or not the Agency uses 10 eminent domain, any property acquired by the Agency must be based on an opinion by an LTRJIL430 000063 41 MAILING ADDRESS . P.O. BOX 1504 • LA OUINTA, CALIFORNIA 92253 11 Independent appraiser to determine the fair market value of the property. The Agency is also obligated to assist in relocation of the occupants of acquired property. I hope this letter helps you understand the reasons for the need to include the power of eminent domain and the process that the Agency needs to follow to acquire property. For your information, your letter will be submitted to the City Council during the public hearing. If you have any further questions, please do not hesitate to contact me at (619) 777.7125. Very truIv yours. COMMUNITY DEVELOPMENT DIRECTOR JH:JS:bjs LTRX,W 000064 E ESTABLISHED IN 1910 AS A PUBLIC AGENCY a%. ti COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX losa • COACHELLA, CALIFORNIA 92239 • TELEPHONE (eta) 395=1 OFTICERS DIRECTORS THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER TELUS CODFJUlS, PRESmFM BERNARDINE SUTTON, SECRETARY RAYMOIO I. RUYMONDS. VICE PENT OWEN MoDOOK ASSISTANTGENERAL MANAGER JOIN W. MOADDEN REDWINE AND SHERRILL. ATTORNEYS DOROTHY M. NOHOLS nmoom j. RsH February 21, 1995 -' Tom Genovese La Quinta Redevelopment Agency Post Office Box 1504 La Quinta, California 92253 Dear Mr. Genovese: Subject: La Quinta Redevelopment Agency Project Area No. 1 Amendment File: 1150.14 '.IJ ©. FEB 2 1 1995 ITY DF LA GUIMTA PLANNING DEPARTMENT Thank you for your letter dated February 17 in response to our letter dated February 15 concerning the amendment to Redevelopment Project Area No. 1. We wish to clarify three issues relative to it: 1. Any excess increments received by the agency above that needed to repay the bonds for the stormwater facilities needs to be used to accelerate the bond repayment or the district, should receive its share of this excess increment as it is available by the agency. 2. once the increment needed to pay the initial bonds for the stormwater facilities have been obtained, the district is to receive the remaining funds without any set aside for low and moderate housing and expenses of the administration of the agency. 3. Any additional public improvement which the agency believes meet the description set out in the original cooperation agreement need to be reviewed and approved by the district. TRUE CONSERVATION USE WATER WISELY 000061) Tom Genovese -2- February 21, 1.995 11 Based on this understanding and the above correspondence, the district has no objections to the plans to amend the Redevelopment Plan for La Quinta Redevelopment Project No. 1.. If you have any questions please contact me. Yours very truly, Tom Levy General Manager-Cl TEL:ghlgenovese cc: Jerry Herman City of La Quinta Post Office Box 1504 La Quints, California 92253 COMMA MNUT ROTLO 01010ICT 000066 f IiA 1 1 1# 1 I fl 78-495 CALLS TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 March 20995 Tom Levy, General Manager -Chief Engineer COACHELLA VALLEY WATER DISTRICT P.O. Boa 1058 Coachella, CA 92236 SUBJECT: PROJECT AREA NO. 1 PLAN AMENDMENT Dear Mr. Levy - On February 21,1995, the La Quints. Redevelopment Agency (the "Agency") received your letter on the behalf of the Coachella Valley Water District (the "District") with respect to the proposed Amendment to the Redevelopment Plan for the La Quints, Redevelopment Project Area No. 1(the "Project Area"} In your letter, you indicated your desire to clarify certain financial provisions of the November,1983 Cooperation Agreement between the Agency and the District. The Cooperation Agreement provides that 20% of the District's total share (6.53% in fiscal year 1994-95) of the gross tax increment is to be passed through to the DistricL Of the remaining 80% of the District's share, Section 8 of the Cooperation Agreement provides that these funds may be used by the Agency to fund all of the following-1) administrative costs of the Agency, 2) the required 20% set aside to the Low and Moderate Income Housing Fund, 3) improvements to the Coachella Valley Stormwater Channel, and 4) improvements to the East Drainage System, West Drainage System, the Cove Reservoir, and other supporting facilities as may be necessary in conjunction with, or in addition to, these three facilities. As you may recall, the Agency has issued tax allocation bonds in 1985, 1989 and 1991 to finance the cost of improvements to the Project Area's flood control system. In total, the Agency issued $36.7 million in bonds, with an original principal and interest cost of $91,496,360. As a result of subsequent refundings of the Series 1985 and 1989 bonds, these costs have been reduced to $86,651,441, by lowering the interest rate on the bonds, without any extension of the term or Increase of the amount of debt issued. In addition, in order to secure the original $20.0 million of proceeds for the Series 1985 bonds, the Agency pledged both the District's share of the 20% housing set aside and the balance of the District's nonhousing share retained by the Agency. Aft wr The final debt service payment on the Series 1985 and 1989 bonds, as refunded in 1994, occurs In September, 2012. The Series 1991 bonds are retired In September, 2014. 000067 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 d I have attached a worksheet which summarizes the disposition of the District's share retained by the Agency pursuant to the Cooperation Agreement. This worksheet compares the housing set aside and flood control proj ect expenditures to the amount of the District's tax increment revenue retained by the Agency. This analysis commences from November, 1983 through 2014, during which time the Agency will be funding debt service on the bonds for the flood control projects. The projections of future tax increment revenues and estimated pass throughs used in this analysis are the same as those included in the Preliminary Report for the Amendment which was transmitted to you in September, 1994; these projections assumed a 6.25% annual Increase In assessed values In Project Area No. 1. Between 1983 and 2014, the District's total 6.53% share of the tax increment amounts to $33,325,203, of which 20%, or $6,665,041, will be passed through to the District under the terms of the Cooperation Agreement. The amount to be retained by the Agency will be the difference of these amounts, or $26,660,162. Of the $26,660,162, the Agency will use 20%, or $5,332,032 to fund the District's share of the housing set aside.. The total flood control project costs of $86,651,441, plus the $5,332,032 of the District's share of the housing set aside, constitute the majority of Agency's uses of the District tax Increment. As compared to the $26,660,162 of tax increment revenue to be retained over this same time period, these total uses of $91,983,474 far exceed the amount of revenue retained by the Agency. For this reason, given the forecasted growth assumptions, we do not anticipate that any additional is retained revenue will be available to be passed through to the District. I hope this clarifies our understanding of the Cooperative Agreement with the District. I would be happy to meet if you wish to further discuss these matters. Sincerely, LA QUINTA REDEVELOPMENT AGENCY Thomas P. Genovese Executive Director cc; Jerry Herman, Community Development Director Attachment E Exhibit A ESTIMATED CVWD OF TAX Total Pass Thru Amount CVWD Paid to Retained Share CVWD By Agency Tax Increment Collected Through 1993-94 $ 3,654,06 $$ 730,812 $ 2,923,248 Forecasted Tax Increment Revenuethroul;h 2013-14 $ 29,671,143 $ 5,934,229 $ 23,736,914 N DISPOSITION OF AMOUNTS RETAINED Amounts Used for Slag 20% Set Aside of Amounts Retained Tax Increment Collected Through 1993-94 $ 584,650 Forecasted Tax Increment Revenue through 2013-14 _ $ 4,747,383 Total Tax Increment Revenue c c 11? na,7 IMF m1wr1ror,M-4 EMI I1 M, 5 ' Bond Series Financing Timeline Principal Issued or Refunded Term Interest Rate Principal & Interest Incurred 1985 Tax Allocation Bonds Refunded in 1990 1989 Tax Allocation Bonds Refunded in 1994 1990 Refunding Bonds Refunded in 1994 1991 Tax Allocation Bonds 1994 Refunding Bonds $ 20,000,000 $ 8,000,000 $ 19,695,000 $ 8,700,000 $ 25,090,000 1985-2012 1989-2012 1990-2012 1991-2014 1994-2012 9.5% 6.2%- 8.0% 5.8% - 8.4% 6.4% 3.8%- 7.3% $ $ $ $ $ 8,783,363 4,398,074 8,409,955 16,782,321 48,277,728 Total Cost of Flood Control Projects s If. Rci eel SUMMARY OF CVWD SHARE RETAINED BY AGENCY Amounts Retained (1983 through 2014) $ 26,660,162 Amounts Used (1983 through 2014) Amounts used for Housing Set Aside $ 5,332,032 Amounts used for Flood Control Projects $ 86,651„441 Total Uses $ 91,983,474 Amount Available (Excess above Uses) Ran. Inc. 2CVMO S F~A .... 4 RESOLUTION NO. 95-13 A RESOLUTION OF THE CITY COUNCIL OF THE CXTY OF LA QUINTA CERTIFYING THE COMPLETION O: A FINAL ENVIRONMENTAL IMPACT REPORT FOR ITIE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1. WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.E of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment Law"); and WHEREAS, the ]La Quinta Redevelopment Agency (the "Agency") has undertaken the AMIL required steps for the consideration of the adoption of a proposed amendment ("Amendment No. IF 1 ") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, the Planning Commission of the City of La Quinta has approved and forwarded to the City Council its report and recommendation, pursuant to Section 33346 of the Community Redevelopment Law, that the proposed Amendment is in conformity with the General Plan of the City of La Quinta and has recommended approval of the Amendment; and WHEREAS, the .Agency has prepared an Environmental Impact Report (the "EIR") on the proposed Amendment (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., "CEQA"), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, Sections 15000, et seq., the "Guidelines"); and WHEREAS, all action required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, following notice duly and regularly given as required by law, a joint public hearing has been held by the Agency and the City Council concerning the adoption of the AIL Amendment and review of the Final EIR relating thereto and all interested persons expressing a desire to comment thereon or object thereto have been heard; and PuBL:23497_114241 B2338.42 RESOLUTION NO. 95-13 WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the response of the Agency and the City thereto; and WHEREAS, the City Council has reviewed and considered the Final EIR and the Mitigation Monitoring Program with respect to the Amendment and all comments and responses thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: Section 1. A full and fair public hearing has been held on the Final EIR prepared on the proposed Project, the City Council has considered all comments received thereon, which comments and responses thereto are contained in the Final EIR. These actions having been taken, the Final EIR is hereby approved, certified, and adopted as the Final EIR for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Project"). Section 2. The City Council hereby certifies that the Final EIR for the proposed Project has been completed in compliance with CEQA and the State CEQA Guidelines, and that the City Council has reviewed and considered the Final EIR and the information contained therein prior to deciding whether to approve the proposed Project and finds that the Final EIR reflects the independent judgment of the City. Section 3. The City Council hereby makes and adopts the CEQA Findings and Statement of Facts as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Based on such Findings of Fact, the City Council hereby finds that mitigation measures have been required in, or incorporated into, the Project which will eliminate or reduce to a level of insignificance: the potentially significant environmental effects of the Project identified in the Final EIR. except for air quality impacts. Based on the foregoing, the City Council finds and determines that as to air quality the Project will have a significant effect upon the environment. Section 4. As to the significant environmental impacts on air quality identified in Section 3 of this Resolution which are not eliminated or substantially lessened, the City Council hereby adopts the Statement of Overriding Considerations set forth in Exhibit "B" which is attached hereto and incorporated herein by reference, and finds that based upon substantial evidence in the record, including, but not limited to the Statement of Overriding Considerations, the specific economic, legal, social, technological and other benefits of the Project outweigh the significant effects on the environment. Section 5. The City Council further finds that the project alternatives identified in the Final EIR either would not achieve the objectives of the Project or would do so only with unacceptable adverse impacts. Accordingly, and for the reasons set forth herein and the Final EIR, those alternatives are infeasible, and none of the alternatives are environmentally superior. vp Each alternative analyzed, including the "no -project" alternative, reduces development activities and limits the City Council's ability to. correct current environmental problems. PUBL:23497_114241 B2339.42 2 RESOLUTION NO. 95-13 CJ Section 6. The City Council hereby finds and determines that the mitigation measures and the Mitigation Monitoring Program set forth in the Final EIR, will mitigate or avoid all significant environmental effects that can feasibly be mitigated or avoided. The City Council hereby adopts the Mitigation Monitoring Program as set forth in the Final EIR and Exhibit "C" which is attached hereto and incorporated herein by reference. Section 7. The City Clerk is hereby authorized and directed to file with the County Clerk of the County of Riverside, a Notice of Determination, pursuant to Title 14, California Code of Regulations, Section 15094. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held the 7th day of March , 1995, by the following roll call vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Members Bangerter, Cathcart JOHN PENA, May r, City of La Quinta JUHOLA, City Clerk APPROVED AS TO FORM: DAWN HONEYWELL, tity Attorney PUBL:23497_114241 M333.42 3 RESOLUTION NO. 95-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS WITH RESPECT TO LOW- AND MODERATE- INCOME HOUSING IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 WHEREAS, the City Council of the City of La Quints, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the Ia Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment (the "Amendment No. 1") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, the Amended Redevelopment Plan provides for the allocation of taxes from the La Quinta Redevelopment Project (the "Project Area" or the "Project"); and WHEREAS, Section 33334.2 of the Community Redevelopment Law requires that not less than twenty percent (2.0%) of all taxes allocated to the Agency pursuant to Section 33670 of the Community Redevelopment Law be used for the purpose of increasing, improving and preserving the community's supply of low- and moderate -income housing available at affordable housing cost; and WHEREAS, Section 33334.2(g) of the Community Redevelopment Law provides that such funds may be used outside the Project Area if a finding is made by resolution of the Agency and the City Council that such use will be of benefit to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: ASk Section 1. The City Council of the City of La Quinta hereby finds and determines IF that the use of taxes allocated from the Project Area for the purpose of increasing, improving and preserving the community's supply of low- and moderate -income housing available at affordable PUBL:23611_114241 B2338.42 RESOLUTION NO. 95-14 11 U housing cost outside the Project Area and within the City of La Quinta will be of benefit to the Project. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held the 7th day of March , 1995, by the following roll call vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Members Bangerter, Cathcart (4�' - JOHN PENA, Mayo , City of La Quinta APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney PueL:23611_114241 a2338.42 2 ORDINANCE NO. 264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983 (the "Previous Ordinance"), and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment ("Amendment No. 1") to the Redevelopment Plan; and WHEREAS, a Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, the findings and determinations made by the City Council in the Previous Ordinance are final and conclusive, no action having been timely brought to question the validity of the Previous Ordinance or the findings or determinations of the City Council in adopting the Previous Ordinance; and WHEREAS, the City Council has received the Amended Redevelopment Plan from the Agency, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to the City Council on the Amended Redevelopment Plan (the "Report to Council") which includes: a description of the reasons for the selection of the boundaries of the La Quinta Redevelopment Project (the "Project Area"); a description of the physical and economic conditions existing in the Project Area; an Implementation Plan that describes the specific goals, objectives, projects and expenditures to be made over the next five years; the proposed method of financing the redevelopment of the Project Area; a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the Project Area; an analysis of the Preliminary Plan; the report and recommendations of the Planning Commission of the City of La Quinta as to the conformity of the Amended Redevelopment Plan with the City's - General Plan; the report and recommendation of the Project Area Committee (the "PAC"); the Final Environmental Impact Report on the Amended Redevelopment Plan (the "Final EIR"); a statement regarding the Report of the County Fiscal Officer; the Neighborhood Impact Report; and a summary of consultations with taxing agencies; and PUBL:13429_114241 B2338.42 I Febn ry 13, 1995 WHEREAS, the Planning Commission of the City of La Quinta has submitted to the City Council its report and recommendation concerning the Amended Redevelopment Plan and its certification that the Amended Redevelopment Plan conforms to the General Plan for the City of La Quinta; and WHEREAS, the PAC has submitted its report and recommendation concerning the Amended Redevelopment Plan to the City Council; and WHEREAS, the City Council and the Agency held a joint public hearing on February 21, 1995, on the adoption of the Amended Redevelopment Plan; and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of La Quinta, once a week for four successive weeks prior to the date of said hearing, and a copy of said notices and affidavits of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to the last known assessee of each parcel of land in the Project Area at his or her last known address as shown on the last equalized assessment roll of the County of Riverside; and WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to all residents and businesses in the Project Area at least thirty (30) days prior to the hearing; and WHEREAS, copies of the notice of the joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives takes from property in the Project Area; and WHEREAS, the Agency and the City have each independently found and determined that, for certain significant effects identified by the Final EIR, mitigation measures and a Mitigation Monitoring Plan therefor have been required in, or incorporated into, the Amended Redevelopment Plan which avoid or substantially lessen such effects; and WHEREAS, the Agency and City have each independently found and determined that potential mitigation measures or project alternatives not incorporated into the Amended Redevelopment Plan (including the "No Project" alternative) were rejected as infeasible based upon specific economic, legal, social, technological or other considerations as set forth in the Final EIR and the "Statement of Overriding Considerations"; and WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section 21151 and Section 33352 of the Community Redevelopment Law; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the report and recommendation of the Project Area Committee, the Report to Council, the Amended Redevelopment Plan and its economic feasibility, and the Final EIR, has provided an opportunity for all persons to be heard, and has received and considered all 18 evidence and testimony presented for or against any and all aspects of the Amended e L: 13429114241 B2338.42 2 Febr ry 13, 1995 Redevelopment Plan and has made written findings in response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Project Area as it relates to the Amended Redevelopment Plan are to accomplish the following: A. To eliminate blighting influences (such as those described in the Agency's Report to the City Council in connection with the proceedings to adopt the Previous Ordinance and those described in the Report to Council in connection with the Amended Redevelopment Plan) which remain within the Project Area despite the Agency's best efforts to eliminate such influences. B. To implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area and to provide for the rehabilitation of and improve the overall appearance of existing commercial and residential buildings, streets, parking areas and other facilities, public and private; and assure that all buildings, new and old, are safe for persons and businesses to occupy. C. To encourage cooperation and participation of residents, businesses, business persons, public agencies and community organizations in the redevelopment and revitalization of the Project Area. D. To encourage private sector investment, rehabilitation and development in the Project Area. E. To promote development of diverse local job opportunities through environmental and economic improvements. To provide, replace or improve public improvements, public facilities, and public infrastructure including the improvement of inadequate drainage infrastructure and the improvement or provision of electric, gas, telephone and wastewater infrastructure to properties within the Project Area. G. To remove impediments to land disposition and development through the assembly of property into reasonably size and shaped parcels served by improved infrastructure and public facilities and to recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City of La Quinta's financial resources. H. To provide for relocation assistance and benefits to area businesses and residences which may be displaced, in accordance with the provisions of the Community Redevelopment Law and the Government Code of the State of California. vueL: 13429_114241 B2338.42 3 February 13, 1995 I. To make provision for affordable housing inside and outside the Project Area as is required to satisfy the needs and desires of various age, income, and ethnic groups of the community, maximizing opportunity for individual choice. To provide a procedural and financial mechanism by which the Agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the community. Section 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report to Council, and all documents referenced therein, and based upon evidence and testimony received at the joint public hearing on adoption of the Previous Ordinance that: A. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law. This finding is based on the City Council's findings contained in the Previous Ordinance that various blighting conditions, as that term was then defined, characterize the Original Area and upon the Report to Council which demonstrates that these blighting conditions continue to exist. 2. The City Council hereby finds that, despite the Agency's best efforts, significant blighting conditions still exist in the Project Area and continued redevelopment is necessary to effectuate the public purposes contained in the Community Redevelopment Law. The City Council also hereby finds and determines that the significant blight which remains within the Project Area cannot be eliminated without the establishment of additional debt and the increase in the limitation on the number of dollars to be allocated to the Agency pursuant to the Amended Redevelopment Plan. This finding is based upon the information contained in the Report to Council. Such conditions in the Project Area are causing and will increasingly cause a reduction and lack of proper utilization of the Project Area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, thus requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. Evidence supporting this finding includes the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. B. The Amended Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, is health, safety and welfare. Evidence supporting this finding includes the fact that PURL: 13429_114241 B2338.42 4 Febn ry 13, 1995 the purposes of the Community Redevelopment Law would be attained through the implementation of the Amended Redevelopment Plan by: the elimination of physical and economic conditions which exist in the Project Area and which cause the Project Area to be a blighted area; by the replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise or governmental action, or both, without redevelopment; by protecting and promoting the sound development and redevelopment of the Project Area and the general welfare of the citizens of the City by remedying such injurious conditions through the employment of all appropriate means. C. The adoption and carrying out of the Amended Redevelopment Plan is economically sound and feasible. Evidence supporting this finding includes the fact that under the Amended Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment; that the nature and timing of redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the Project Area; and that the financing plan included within the Report to Council demonstrates that sufficient financial resources will be available to carry out the redevelopment activity in the Project Area. D. The Amended Redevelopment Plan conforms to the General Plan of the City of La Quinta, including, but not limited to, the housing element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the report of the Planning Commission that the Amended Redevelopment Plan conforms to the General Plan. E. The carrying out of the Amended Redevelopment Plan will promote the public peace, health, safety and welfare of the community and will effectuate the purposes and policies of the Community Redevelopment Law. Evidence supporting this finding includes the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions within the Project Area, and by increasing employment opportunities within the City. F. The condemnation of real property is necessary to the execution of the Amended Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. Evidence supporting this finding includes the need to assemble sites for certain public facilities, to assemble developable units for economic activity and to eliminate the existence of and prevent the recurrence of blight. ® G. The Agency has adopted a feasible method and plan for the relocation of families and persons who might be displaced temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for PURL: 13429_114241 B2338.42 5 Febmry 13, 1995 AVA its relocation of businesses. Evidence supporting this finding includes the fact that the Agency has adopted the method of relocation for the La Quinta Redevelopment Project No. 1 as Amended by Amendment No. 1 which sets forth a plan for relocation of families and persons who may potentially be displaced by Agency projects, and upon the fact that the Amended Redevelopment Plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. H. There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. Evidence supporting this finding includes the information contained in the Report to Council that in the event that persons are to be displaced there are sufficient existing dwellings which would be available to persons displaced by the implementation of the Amended Redevelopment Plan. I. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan. Evidence supporting this finding includes the fact that the Amended Redevelopment Plan requires the Agency to adopt such plans prior to any such displacement. J. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. This finding is based upon the information set forth in the Report to Council and other evidence in the record. K. Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. Evidence supporting this finding includes the fact that all properties within the Project Area boundaries were included because they were underutilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Amended Redevelopment Plan or because of the need to impose uniform requirements on the Project Area as a whole. Such properties will share in the benefits of the Amended Redevelopment Plan. PusL:13429_114241 B2338.42 6 Febmry 13, 1995 L. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Evidence supporting this finding includes the existence of blighting influenoes as set forth in the Report to Council and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. M. The requirement that a project area be predominantly urbanized as defined by Section 33320.1(b) of the Community Redevelopment Law is only applicable to a project area for which a final redevelopment plan is adopted on or after January 1, 1984, or to an area which is added to a project area by an amendment to a redevelopment plan, which amendment is adopted on or after January 1, 1984. As the Redevelopment Plan was adopted in 1983 and as Amendment No. 1 does not add any additional territory to the boundaries of the Project Area, there is no need to make a finding that the Project Area is a predominantly urbanized area. N. The time limitation and the limitation on the number of dollars to be allocated to the Agency that are contained in the Amended Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. This finding is based upon the fact that the limitation on the number of dollars to be allocated to the Agency reflects the anticipated costs of the public improvement projects proposed to be undertaken by the Agency pursuant to the Amended Redevelopment Plan and the time limitation contained in the Amended Redevelopment Plan reflects the anticipated time for the Agency to undertake such projects. Section 3. The City Council is satisfied that permanent housing facilities will be available within three yeas from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. Evidence supporting this finding includes the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Section 4. Written objections to the Amended Redevelopment Plan filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project Area property owners and affected taxing agencies, have been responded to in writing and are hereby overruled. Section 5. The Final EIR for the Amended Redevelopment Plan, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City pursuant to or in implementation of the Amended Redevelopment PUe[.:13429_114241 B2338.42 7 Febmry 13, 1995 Plan, shall be undertaken in accordance with the mitigation measures and the Mitigation Monitoring Program set forth in the Final EIR, and the Agency shall undertake such additional environmental review or assessment as necessary at the time of the proposed implementation of such activities. Section 6. That certain Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1, the map contained therein, and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved, and adopted as the official redevelopment plan for the Project Area. Section 7. In order to implement and facilitate the effectuation of the Amended Redevelopment Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended Redevelopment Plan, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Amended Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Amended Redevelopment Plan. Section 9. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amended Redevelopment Plan. Section 10. The City Clerk is hereby directed to record with the County Recorder of Riverside County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area pursuant to the Amended Redevelopment Plan have been instituted under the Community Redevelopment Law. Section 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 10 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Project Area, to the Auditor -Controller and Assessor of the County of San Bernardino, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the Amended Redevelopment Plan. Section 12. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. Puss: 13429_114241 B2338.42 8 Febmry 13, 1995 11 Section 13. If any part of this Ordinance or the Amended Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Amended Redevelopment Plan, and this City Council -hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Amended Redevelopment Plan if such invalid portion thereof had been deleted. Section 14. This Ordinance shall be in full force and effect thirty (30) days after passage. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 2lstday of March 1995 by the following vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Members Bangerter, Cathcart • _ .JOuinta APPROVED AS TO FORM: Stradling, Yocca, Carlson & Rauth, a professional corporation DAWN HONEYWELL, tity Attorney PUBL:13429 11424IB2338.42 9 Febn ry 13, 1995 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 264 which was introduced on the 7th day of March, 1995 and was adopted at a regular meeting held on the 21st day of March, 1995 not being less than 5 days after date of introduction thereof. I#4qh er certify that the foregoing ordinance was posted in three (3) places within the City of L$ Quinta as specified in a resolution of the City Council. fSAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I UNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that/the foregoing ordinance was posted on March 29, 1995 pursuant to City Council Resolution. tAUNDRA L. JUHOLA, City Clerk City of La Quinta, California L4-�- 6 S4 cPM OF ��45 COUNCIL/RDA MEETING DATE: ITEM TITLE: August 5, 2003 Consideration of an Ordinance Amending the Redevelopment Plan for Project Area No. 1 Pursuant to Senate Bill 211 as Codified in Health and Safety Code Section 33333.6 (e)(2) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1 Move to read Ordinance by number and title only and waive further reading. Introduce Ordinance on first reading to amend the Redevelopment Plan for Project Area No. 1 pursuant to Senate Bill 211 as codified in Health and Safety Code Section 33333.6(e)(2). FISCAL IMPLICATIONS: None. CITY CHARTER IMPLICATIONS: Prom BACKGROUND AND OVERVIEW: As currently provided in the Redevelopment Plan for Project Area No. 1, the Agency is prohibited after January 1, 2004 from establishing loans, advances and indebtedness (i.e., to incur debt) with respect to Project Area No. 1, even though the Redevelopment Plan will remain in existence until December 2023 and the Agency is authorized to receive tax increment until December 2033 if it has established sufficient debt. Adoption of the proposed Ordinance deletes that January 1, 2004 time limit in the Redevelopment Plan for Project Area No. 1, and thus would allow the Agency to incur debt obligations throughout the life of the Redevelopment Plan to fund redevelopment activities in Project Area No. 1 . The sm California Community Redevelopment Law provides that redevelopment agencies may only receive tax increment revenue if it has bond, loan, contractual, or other indebtedness (i.e., the Agency is eligible to receive tax increment for the purpose of repaying the indebtedness it has incurred). In 1994 the State Legislature adopted AB 1290, which required redevelopment agencies to confirm their redevelopment plans to include a time limit within which the redevelopment agency could incur indebtedness to be repaid from future tax increment revenue. AB 1290 imposed the time limit of 20 years from the date of adoption of the redevelopment plan, or January 1, 2004, whichever is later, for establishing indebtedness. For the Redevelopment Plan for Project Area No. 1, the 20-year period runs from December 1983 to December 2003, and so the time deadline for the Agency to establish indebtedness for Project Area No. 1 is January 1, 2004. In 2001, the Legislature adopted SB 211, effective January 1, 2002, which amended the California Community Redevelopment Law to allow the time limit on establishing indebtedness to be deleted by adoption of an ordinance by the legislative body. Thus, redevelopment agencies, if the legislative body adopts a SB 211 ordinance, may incur indebtedness during the full term of a redevelopment project. The term of the Redevelopment Plan for Project Area No. 1 runs until December 2023, and the Agency is permitted to receive tax increment until December 2033 (if the Agency has established sufficient debt for which it needs tax increment as the source for repayment). Note that the maximum total amount of tax increment the Agency may receive over the life of the Redevelopment Plan for the Project Area No .1, as stated in the Plan, remains in place and is not affected by the ordinance. The attached "SB 211 ordinance" amends the Redevelopment Plan for Project Area No. 1 to delete the time limit on incurring indebtedness. Per SB 211, the ordinance may be considered by the City Council without undertaking the formal redevelopment plan amendment process, holding a public hearing, or complying with the California Environmental Quality Act. By adopting this ordinance, the Agency would be allowed, beyond the current January 1, 2004, deadline, to incur indebtedness (through issuance of bonds, by contractual obligations, or otherwise) to be repaid from future tax increment revenue. It should be noted that the Agency could only incur debt obligations that it has the financial capacity to repay, and that repayment must be made by the December 2033 date, after which the Agency is no longer eligible to receive tax increment. 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Move to read Ordinance by number and title only and waive further reading. Introduce Ordinance on first reading to amend the Redevelopment Plan for Project Area No. 1 pursuant to Senate Bill 211 as codified in Health and Safety Code Section 33333.6(e)(2); or 2. Do not approve an Ordinance of the City Council of the City of La Quinta Amending the Redevelopment Plan for Project Area No. 1 Pursuant to Senate Bill 211 as Codified in Health and Safety Code Section 33333.6 (e)(2); or 3. Provide staff with alternative direction. Respectfully submitted, J rry D. Herman Community Development Lector Approved for submission by: Thomas P. Genovese, City Manager 48,7 3 ® ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 1 (hereinafter, the "Plan") is hereby amended to delete from the Plan any and all time limits stated in the Plan that purport to place on the La Quinta Redevelopment Agency any time deadline on the establishment of loans, advances, and indebtedness with respect to the Plan or Project Area. SECTION 2. The foregoing Amendment to the Plan is effected pursuant to the authority established by Senate Bill 211, effective January 1, 2002, which is codified in pertinent part in Health and Safety Code Section 33333.6(e)(2), which states in pertinent part: "On or after January 1, 2002, a is redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting this ordinance, neither the legislative body nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing agencies required by [Health and Safety Code] Section 33607.7." SECTION 3. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 4. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 5. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 6. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance ® with procedures normally taken. 484 112 Ordinance No. Redevelopment Project Area No. 1 Amendment Adopted: August 5, 2003 PASSED, APPROVED, and ADOPTED this _ day of 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\W PDOCS10rdinances\ProjAreallo l Amd.doc 495 A City Council Minutes 21 August 5, 2003 Council Member Henderson suggested the names could maybe be placed IParound the concrete base. Mayor Adolph stated he understood the monument can be expanded for additional names. Council Member Henderson voiced concern about the artist recognition area becoming a place for people's names who probably would be more appropriately listed in an acknowledgment area for "Pillars of the Community," which is a program that was suggested a few years ago. Ms. Horvitz confirmed Council Members Henderson and Perkins served on a committee wherein guidelines were established for that program. Council Member Henderson noted the pillars around the Kennedy fountain were to be used for that program, and that a number of people in the community should be recognized. However, since the "Pillars of the Community" area doesn't exist, she feels some are being put into other areas. She supports approving this as presented, with the addition of Mr. Freeman's name, and directing staff to work on the "Pillars of the Community" program. Ms. Horvitz confirmed that program and guidelines were approved, and can be implemented. Council Member Henderson suggested tightening up the regulations for both the artist and sports applications, and stated perhaps high school sport figures should be on a high school pillar. Ms. Horvitz confirmed the regulations can be brought back for consideration. MOTION — It was moved by Council Members Sniff/Henderson to accept and approve the list of names for the Veterans, Artists, and Sports Figures Acknowledgment Areas with the addition of Tom Freeman's name to the veterans list. Motion carried unanimously. MINUTE ORDER NO. 2003-80. 7. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2). r- Frank Spevacek, consultant with RSG, presented the staff report. City Council Minutes 22 August 5, 2003 MOTION — It was moved by Council Members Sniff/Henderson to take up Ordinance No. 388 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 388 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None (See Page 19 for Item No. 8) 9. CONSIDERATION OF ADOPTION OF A RESOLUTION TO INCREASE THE COMPENSATION OF THE PLANNING COMMISSIONERS. Assistant Executive Director Weiss presented the staff report. In response to Council Member Osborne, Mr. Weiss confirmed the Planning Commission is the only City Commission/Board that has received an increase since 1995. In 1998, the Planning Commission received an increase from $50 to $75 per meeting. The Parks & Recreation Commission, Cultural Affairs Commission, and Human Services Commission received an increase from $25 to $50 in 1995, and at that time the Planning Commission, Investment Advisory Board, and Historical Preservation Commission were already receiving $50. Council Member Sniff stated he doesn't support an increase at this time. He suggested staff be directed to bring back the issue of compensation for all of the Commissions/Boards during the next budget process to determine if they are equitable and fair. Council Member Perkins stated he feels the various commissions are not equal in workload or responsibility, and views the Planning Commission as City Council Minutes 16 August 19, 2003 Council Member Perkins suggested grinding the aggregate material where it abuts the existing sidewalk. Council Member Henderson stated she supports moving forward with the changes, including gold -colored decomposed granite and boulders in the median island. She also supports adding aggregate material to the median island sidewalk once CalTrans approves it. After a brief discussion, Council concurred the median island sidewalk should remain straight and the handicap ramp should remain concrete. Ms. Horvitz summarized the changes as follows: larger aggregate material will be used for the sidewalk in the colors presented; the landscape plan is accepted as presented; and tiles to be used in the circular planters in the colors presented. Council Member Henderson noted a smaller tile may need to be used on the planters. MOTION - It was moved by Council Members Osborne/Perkins to approve the concept modifications to the La Quinta Court artwork with ceramic tiles to be incorporated in the outer walls of the fountain, and direct staff to develop modifications to the median island as a separate project. Motion carried unanimously with Mayor Adolph ABSENT. MINUTE ORDER NO. 2003-86. 7. SECOND READING OF ORDINANCES ORDINANCE NO. 388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2). It was moved by Council Members Henderson/Osborne to adopt Ordinance No. 388 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Mayor Pro Tern Sniff NOES: None ABSTAIN: None ABSENT: Mayor Adolph ML ORDINANCE NO. 388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(o)(2) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 1 (hereinafter, the "Plan") is hereby amended to delete from the Plan any and all time limits stated in the Plan that purport to place on the La Quinta Redevelopment Agency any time deadline on the establishment of loans, advances, and indebtedness with respect to the Plan or Project Area. SECTION 2. The foregoing Amendment to the Plan is effected pursuant to the authority established by Senate Bill 211, effective January 1, AW 2002, which is codified in pertinent part in Health and Safety Code Section 33333.6(e)(2), which states in pertinent part: "On or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting this ordinance, neither the legislative body nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing agencies required by [Health and Safety Code] Section 33607.7." SECTION 3. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 4. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 5. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. Ordinance No. 388 ® Redevelopment Project Area No. 1 Amendment Adopted: August 19. 2003 Page 2 SECTION 6. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held this 19" day of August, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Mayor Pro Tem Sniff NOES: None ABSENT: Mayor Adolph ABSTAIN: None ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) 11 STANLEY SNIFF, M yor Pro T City of La Quinta K Ordteenee No. 388 Rmbvebpmsnt Pmjoot Am No. 7 Amendment Adopted: August 78, 2003 Page 3 APPROVED AS TO FORM: �zg- ZL4 M. KATHERINE JENSON, CRY -Attorney City of La Quinta, California 0 ,_ 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 388 which was introduced at a regular meeting held on the 5' day of August„ 2003, and was adopted at a regular meeting held on the 19" day of August, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE SEEK, CMC, City Clerk City of La Quinta, California 11 It / T �. ate• : �..,.�,.,,��� LOIJ CE`N OF TKQ'9 COUNCIURDA MEETING DATE: March 2, 2004 AGENDA CATEGORY: A/ BUSINESS SESSION: - ITEM TITLE: Consideration of Adoption of CONSENT CALENDAR: Ordinances Amending the Redevelopment Plans for Redevelopment Project Areas No. 1 and No. 2 STUDY SESSION: Pursuant to Senate Bills 1045 and 211 PUBLIC HEARING: _ RECOMMENDATION: Move to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading amending the Redevelopment Plan for Project Area No. 1 pursuant to Senate Bill 1045 as codified in Health and Safety Code Section 33333.6(e)(2)(C). Move to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading amending the Redevelopment Plan for Project Area No. 2 pursuant to Senate Bill 1045 as codified in Health and Safety Code Section 33333.6(e)(2)(C). Move to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading amending the Redevelopment Plan for Project Area No. 2 pursuant to Senate Bill 211 as codified in Health and Safety Code Section 33333.6(e)(2)(B). FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 2001 and 2003, the State Legislature amended the California Community Redevelopment Law to modify time limits that redevelopment agencies incorporated into their redevelopment plans that established an end date to incur debt, the effectiveness of the redevelopment plan, and the time period to receive 170 Aft tax increment revenue. SB 211, enacted in 2001, eliminated the time limit to incur WS debt, and SB 1045, enacted in 2003 as part of the ERAF shift, extended for one year the time period in which redevelopment agencies may implement their redevelopment programs and receive tax increment revenue. To make these changes, redevelopment agencies were authorized to modify their redevelopment plans by adopting ordinances that made these amendments. Public hearings are not required to adopt these ordinances. 21 Staff has drafted ordinances to accomplish these amendments. The first two Ordinances enact the modifications authorized by SB 1045 by amending the Redevelopment Plans for Project Area No. 1 and Project Area No. 2 to extend for one year, the time period to implement redevelopment programs and the time period to receive tax increment revenue. For Project Area No. 1, the Ordinance extends the Redevelopment Plan effectiveness period from 2023 to 2024, and the time period to receive tax increment revenue from 2033 to 2034. For Project Area No. 2, the Ordinance extends the Redevelopment Plan effectiveness period from 2029 to 2030, and the time period to receive tax increment revenue from 2039 to 2040. The third Ordinance enacts the modifications authorized by SB 21 land amends the Redevelopment Plan for Project Area No. 2 to eliminate the July 2009 time limit to incur debt. This allows the Redevelopment Agency to enter into contracts and incur other debt obligations until 2030. It should be noted, the Agency may only incur debt obligations that it has the financial capacity to repay. Retiring the 20- year time limit does not allow the Agency to incur debt that cannot be fully repaid by July 2040. In August 2003, the City Council approved a similar ordinance that amended the Project Area No. 1 Redevelopment Plan to eliminate the time period to incur debt. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Move to take up Ordinance No. _ by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading amending the Redevelopment Plan for Project Area No. 1 pursuant to Senate Bill 1045 as codified in Health and Safety Code Section 33333.6(e)(2)(C). Move to take up Ordinance No. _ by. title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading amending the Redevelopment Plan for Project Area No. 2 pursuant to Senate Bill 1045 as codified in Health and Safety Code Section 33333.6(e)(2)(C). 02 171 AM Move to take up Ordinance No. _ by title and number only and waive IqW further reading. Motion to introduce Ordinance No. _ on first reading amending the Redevelopment Plan for Project Area No. 2 pursuant to Senate Bill 211 as codified in Health and Safety Code Section 33333.6(e)(2)(B); or 2. Do not adopt Ordinances pursuant to Senate Bills 211 and 1045; or 3. Provide staff with alternative direction. Respectfully submitted, '�z , z�-� 'Oscar Orc , nter m Community Development Director rU Approved for submission by: Thomas P. Genovese, Executive Director MKIR 172 City Council Minutes 6 March 2, 2004 ® In response to Council Member Perkins, Mr. Speer confirmed the developer has agreed to pay the additional costs. Council Member Osborne spoke in support of the request because the developer feels the change will help the success of his project and is willing to pay the additional expense. MOTION — It was moved by Council Members Sniff/Henderson to approve the developer's request to substitute Mexican Fan Palms for the Shoestring Acacia trees on the north side of Avenida La Fonda with the additional costs to be paid by the developer. Motion carried unanimously. MINUTE ORDER NO. 2004-27. 4. CONSIDERATION OF ADOPTION OF ORDINANCES AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NOS. 1 AND 2 PURSUANT TO SENATE BILLS 1045 AND 211 AS CODIFIED IN HEALTH & SAFETY CODE SECTIONS 33333.6(e)(2)(B) AND 33333.6(e)(2)(C), AND TO 1)EXTEND THE DURATION OF THE REDEVELOPMENT PLANS FOR PROJECT AREA NOS. 1 AND 2 FOR ONE YEAR AND EXTEND THE LA QUINTA REDEVELOPMENT AGENCY'S RECEIPT OF TAX INCREMENT ® WITH RESPECT TO PROJECT AREA NOS. 1 AND 2 FOR ONE YEAR DUE TO THE AGENCY'S REQUIRED PAYMENT UNDER STATE LAW TO THE EDUCATIONAL REVENUE AUGMENTATION FUND, AND 2) ELIMINATE THE TIME LIMIT SET FORTH IN THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 CONCERNING THE LA QUINTA REDEVELOPMENT AGENCY'S INCURRENCE OF INDEBTEDNESS WITH RESPECT TO PROJECT AREA NO. 2. Consultant Frank Spevacek presented the staff report. MOTION — It was moved by Council Members Sniff/Osborne to take up Ordinance No. 402 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(C). E City Council Minutes 7 March 2, 2004 It was moved by Council Members Sniff/Perkins to introduce Ordinance No. 402 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None MOTION - It was moved by Council Members Sniff/Perkins to take up Ordinance No. 403 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(C). It was moved by Council Members Sniff/Perkins to introduce Ordinance No. 403 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None MOTION - It was moved by Council Members Sniff/Perkins to take up Ordinance No. 404 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(B). It was moved by Council Members Sniff/Perkins to introduce Ordinance No. 404 on first reading. Motion carried by the following vote: E City Council Minutes 8 March 2, 2004 AYES: Council Members Henderson, Osborne, Perkins, Sniff, ® Mayor Adolph NOES: None ABSTAIN: None ABSENT: None STUDY SESSION — None REPORTS AND INFORMATIONAL ITEMS League of California Cities -Riverside Division — Council Member Henderson announced the General Membership Meeting will be held March 8'h at the Palm Springs Air Museum and invited everyone to attend. CVAG Human Community Resources Committee — Council Member Osborne stated the Committee is continuing their studies on the homeless and child obesity. Desert Resorts Regional Airport Authority — Council Member Osborne reported there has been some discussion about changing the airport name to the Jackie Cochran Airport. ® SunLine Transit Agency — Mayor Adolph reported they have concluded the interview process and are negotiating a contract for a new General Manager. All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Osborne asked staff to research some language in the City's silent second program for low/moderate income homes that would give the City first rights of purchase on defaulted loans. Council concurred. Council recessed to the Redevelopment Agency meeting. 21 ORDINANCE NO. 402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(C) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 1 as existing on the date hereof (hereinafter, the "Plan") is hereby amended to extend, by one year, (a) the currently existing time limit on the effectiveness of the Plan, and (b) the currently existing time limit in the Plan to repay indebtedness with the proceeds of property taxes received pursuant to Health & Safety Code Section 33670. SECTION 2. The foregoing amendment to the Plan is effected pursuant to the authority established by Senate Bill 1045, effective September 2, 2003, which _ is codified in pertinent part in Health & Safety Code Section 33333.6(e)(2)(C), ® which states: "When an agency is required to make a payment pursuant to [Health 1� & Safety Code] Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with [Health & Safety Code] Section 33354.6 or Article 12 (commencing with [Health & Safety Code] Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by [Health & Safety. Code] Section 33607.7." The Agency is required to make the payment pursuant to Health & Safety Code Section 33681.9 and thus the Plan may be amended pursuant to the terms of Health & Safety Code Section 33333.6(e)(2)(C). SECTION 3. Enactment of this Ordinance is exempt from the California Environmental Quality Act (Pub. Res. Code§21000 at seq.) ("CEQA") pursuant to terms of Health & Safety Code Section 33333.6(e)(2)(C), and further pursuant to CEQA Guidelines Section 15378(b)(4) [Title 14 CCR § 1 5378(b)(4)] because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. El Ordinance No. 402 Redevelopment Plan Amendment Project Area Adopted: March 18, 2004 Page 2 SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. SECTION 5. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 6. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 7. The City Manager shall notify -the appropriate public entities of the adoption of this Ordinance. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a regular meeting held on this 16" day of March, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DONALD ADO H, gayor City of La Quinta, California Ordinance No. 402 Redevelopment Plan Amendment Wh Project Area No. 1 Adopted: March 16, 2004 Pape 3 ATTEST: J N . GREEK, CMC, I Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: City of La Quinta, L , City Attorney E REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 AS AMENDED BY AMENDMENT NO. 1 Prepared: January 24, 1995 Adopted: jj Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 619/777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 619/967-6462 TABLE OF CONTENTS SECTION I. (100) INTRODUCTION .................................... 1 A. General......................................................I SECTION II. (200) GENERAL DEFINITIONS ............................ 2 SECTION III. (300) PROJECT AREA BOUNDARIES ....................... 3 SECTION IV. (400) REDEVELOPMENT PLAN GOALS .................... 3 SECTION V. (500) REDEVELOPMENT ACTIONS ........................ 4 A. General......................................................4 B. Property Acquisition ............................................ 6 C. Participation by Owners and Persons Engaged in Business .............. 7 D. Implementing Rules ............................................ 8 E. Cooperation with Public Bodies ................................... 8 F. Property Management...........................................9 G. Payments to Taxing Agencies to Alleviate Financial Burden or Detriment .................................... 9 H. Relocation of Persons Displaced by a Project ....................... 10 1. Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste ...................... 10 J. Rehabilitation, Moving of Structures by the Agency and Seismic Repair............................................12 K. Property Disposition and Development ............................ 13 L. Provision for Low and Moderate Income Housing ................... 15 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA .......... 19 A. Map and Uses Permitted........................................19 B. Major Land Uses..............................................20 C. Public Uses..................................................20 D. Conforming Properties.........................................21 E. Nonconforming Uses..........................................21 F. Interim Uses.................................................21 G. General Controls and Limitations ................................. 22 H. Design for Development........................................24 I. Building Permits .............................................. 24 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ......... 25 A. General Description of the Proposed Financing Methods .............. 25 B. Tax Increment Revenue........................................26 C. Agency Bonds................................................28 D. Other Loans and Grants........................................28 E. Rehabilitation Loans, Grants and Rebates .......................... 28 SECTION VIII. (800) ACTIONS BY THE CITY ............................ 29 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ............ 30 SECTION X. (1000) DURATION OF THIS PLAN .......................... 30 SECTION XI (1100) PROCEDURE FOR AMENDMENT .................... 30 Exhibit A: Project Area Map Exhibit B: Legal Description Exhibit C: Public Facilities and Infrastructure Improvements Projects 2 ARk REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 as amended by Amendment No. 1 ("Plan"), located in the City of La Quinta, County of Riverside, State of California. It consists of the text (Sections 100 through 1100), the Project Area Map of Redevelopment Project Area No. 1 ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), and a listing of the proposed public facilities and infrastructure improvement projects (Exhibit Q. This Plan has been prepared by the La Quinta Redevelopment Agency (the "Agency") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, el =.), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and ® framework for implementation. This Plan is based upon the Preliminary Plan formulated and adopted by the La Quinta Planning Commission and the Agency on February 8, 1994 and February 15, 1994, respectively. The Plan was originally adopted by Ordinance No. 43 on November 29, 1983 ("Original Ordinance") and subsequently amended by Ordinance No. 258 on December 20, 1994 to revise certain time limitations to comply with Section 33333.6 of the Health and Safety Code. Prior to the effective date of the ordinance adopting this Plan ("Amending Ordinance") the original Redevelopment Plan governed the Agency's redevelopment activities in the Project Area. This Plan supersedes, by amendment and restatement, the original Redevelopment Plan. Limitations present in the original Redevelopment Plan constrain the Agency's ability to implement a comprehensive redevelopment program and effectively eliminate the blighting conditions which characterize the Project Area. This Plan addresses these constraints by: • increasing the limit on the amount of tax increment revenue the Agency may receive from the current $300.0 million limit to $2.0 billion; • increasing the limit on the total bond debt the Agency may incur at one time from the current $35.0 million to $200.0 million; ® extending the time frame during which the Agency may elect to use eminent domain to acquire property in the Project Area to twelve (12) years from the effective date of the Amending Ordinance; and iww�uaeivi.� 1 IR4N5 updating and more specifically describing the list of public infrastructure and facility projects the Agency may implement to benefit the Project Area. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Agency" means the La Quints Redevelopment Agency of the City of La Quinta, California. B. "Agency Board" means the governing body of the Agency. C. "Amending Ordinance" means Ordinance No. _ approved by the City Council on , 1995, adopting this Plan for the La Quinta Redevelopment Project No. 1. D. "Annual Work Program" means that portion of the Agency's annual budget that sets forth programs and goals to be accomplished by the Agency during the fiscal year. E. "City" means the City of La Quinta, California. F. "City Council" means the legislative body of the City. G. "County" means the County of Riverside, California. H. "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. I. "General Plan" means the City's General Plan, a comprehensive and long-term General Plan for the physical development of the City as provided for in Section 65300 of the California Government Code. J. "Map" means the Map of the Project Area attached hereto as Exhibit A. K. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the Agency. L. "Original Ordinance" means Ordinance No. 43, approved by the City Council on November 29, 1983, which approved the original Plan for the Project. �. � 2 1/24/95 M. "Owner Participation Agreement' means an agreement between the Agency and a property owner or tenant which sets forth terms and conditions for improvement and redevelopment. N. "Person" means an individual(s), or any public or private entities. 0. "Plan" means the redevelopment plan for the Project as amended by Amendment No. 1. P. "Project' means the La Quinta Redevelopment Project No. 1. Q. "Project Area" means the La Quints Redevelopment Project Area No. 1, which is the territory this Plan applies to, as shown on Exhibit A. R. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, fd 5gq.) as it now exists or may be hereafter amended. S. "State" means the State of California. SECTION III. (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION IV. (400) REDEVELOPMENT PLAN GOALS Implementation of this Plan is intended to achieve the following goals: • Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, residential, and recreational development. • Expand the commercial base of the Project Area. Improve public facilities and public infrastructure. Improve inadequate drainage infrastructure. • Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. �+w�nuvWo�m 3 1/24/95 IF • Promote local job opportunities. • Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. • Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. • Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. • Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. • Promote the rehabilitation of existing housing stock. • Increase, improve, and preserve the supply of housing affordable very low, low and moderate income households. SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the recurrence of blight, and improve the economic base of the Project Area by: 1. Acquiring, installing, developing, constructing, reconstructing, redesigning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities. 2. Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures and improvements. 3. Rehabilitating, preserving, developing or constructing affordable housing in compliance with State law. ��.• 4 in4re5 4. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 6. Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan. 7. Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain), after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off -site improvements. 10. Providing for open space. 11. Managing property owned or acquired by the Agency. 12. Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City. 13. The disposition of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan. 14. Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan. 15. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. 16. Providing replacement housing, if any is required. 17. Applying for and utilizing grants, loans and any other assistance from Ala federal or State governments, or other sources. 5 1/24/95 2 18. Taking actions the Agency determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 19. Taking actions the Agency determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, 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 an Owner Participation Agreement. Except as otherwise provided herein, or otherwise provided by law, 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 Amending Ordinance. Such time limitation may be extended only by amendment of this Plan. 1• . ... '- .�. ..-�� Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. i,y„��kaoi.e 6 1/24N5 IWOW.11161091 MWOMM l : �- [� i'i',r .. .� This Plan provides For participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. 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 together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such minimum factors as the expansion of public or public utilities facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry. ,� PtN 7 124/95 Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the Agency may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute such an agreement. �1• n. to 1 1• :. The provisions of Sections 505-508 of this Plan shall be implemented according to the rules adopted by the Agency prior to the approval of the Amending Ordinance, which may be amended from time to time by the Agency. Such rules allow for Owner Participation Agreements with the Agency. Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use through eminent domain, but property of a public body shall not be acquired without its consent. The Agency shall 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 i,y�uvmp.,, 8 1/24/95 Project Area will be afforded all the privileges of owner and business tenant participation if such public body is willing; to enter into an Owner 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 and authorized by 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 the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. The Agency may pay, but is not required to pay, in any year during which it owns is property in the Project Area directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes. The Agency may also pay to any taxing agency with territory located within the Project Area, other than the City, any amounts of money which the Agency has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed on or before December 31, 1993. The payments to a taxing agency pursuant to such an agreement in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from the Project Area had been allocated to all the affected taxing agencies without regard to the division of taxes required by Section 33670 of the Redevelopment Law, except that a greater payment has been established by agreement between the Agency and one or more taxing agencies, except a school district, if the other taxing agencies agreed to defer payments for one or more years in order to accomplish the purposes of the Project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred. The payments shall have been approved by a resolution, adopted by the Agency, contained findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate do the financial burden or detriment. 9 1n4/95 In the event that such an agreement described in the above paragraph does not exist between the Agency and an affected taxing agency, the Agency shall remit payments to any such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment Law. In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, Z =.), the guidelines adopted and promulgated by the: California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to ® relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. The Agency shall provide all relocation benefits required by law and in conformance with the Method of Relocation. Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. Nil .- . •. The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. i+w�w.aoi.e 10 124/95 WOUGIMINVOINIM To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems' natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic; cultural; and recreational facilities; and pedestrian improvements. A list of proposed public facilities and infrastructure improvement projects is set forth in Exhibit C and incorporated herein by reference. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, 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 which its publicly owned either within or outside the Project Area, upon both the Agency Board and the City Council making the applicable determinations required pursuant to the Redevelopment Law. 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 Agency may enter into a contract with the City or other public corporation under which it 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, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 1 ' ' -._. 1. 0-IM1. The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out in the Project Area this Plan. To the extent legally allowable, the Agency may take any actions which the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. 1�.v. ol.e 11 1124/95 If J. (521) Rehabilitation, Moving of Structures by the Agency g.WSci&wic Vermirs The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, 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, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law as it exists now or may be hereafter amended. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. ® The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. C. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. 12 1124/95 The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (523) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired which can be rehabilitated to a location within or outside the Project Area. 3. (524) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. �� �� �� •� W O- O'u- 1. (526) Real Property Disposition and Development a. (527) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing. Except as otherwise permitted by law, no real or personal property owned by 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 market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. ���, 13 1n4/95 The real property acquired by the Agency in the Project Area, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with 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 or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such 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 redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. 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 Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planting and zoning ordinances of the City, conditional 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. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. 14 1/24/95 The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non - segregation clauses as are required by law. For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal ® property. (531) Definition ofT'erms The terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (532) Authority Generally The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. �•w�nutrda�u, 15 124/95 Except as otherwise permitted by 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 which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shalt replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The Agency may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. 4. (534) New or Rehabilitated Dwelling Units Developed Within the Proiect AM Section 33413 of the Redevelopment Law requires the following: at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such thirty percent (30%), not less than fifty percent (50%) shall be available to and occupied by very low income households. At least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 534 shall apply independently of the requirements of Section 533 of this Plan and in the aggregate to the supply of housing to be made available pursuant to this Section 534 and not to each individual case of rehabilitation, development or construction of dwelling units. �wwnuvelv�ao 16 1 /14N5 Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The plat[ shall be consistent with, and may be included within the Housing Element of the City's General Plan. The plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this section are met every ten (10) years. Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that. whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the Project; provided, however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (535) Duration of Dwelling Unit Availability The Agency shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 533 and 534 of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the is Agency, but for not less than the period of the residential land use controls established in Section X of this Plan. 6. (536) Relocation Housine If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a Project, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2) and (3) of this Plan shall be used by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families, of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. wmo N 17 1124/95 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. In implementing Section 537 of this Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: Acquire real property or building sites. 2. Improve real property or building sites with on -site or off -site improvements, but only if either (a) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, or (b) the Agency finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate -income residents. 3. Donate real property to private or public persons or entities. is 4. Finance insurance premiums. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. ® 10. Maintain the community's supply of mobile homes. hqumu�dpim 18 1 /24/95 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 533 of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area. are made pursuant to the Redevelopment Law. Except as provided in Section 33334.3 of the Redevelopment Law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing cost to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifteen years for rental units. However, the Agency may replace rental units with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. b. Ten years for owner -occupied units. However, the Agency may permit sales of owner -occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall be those permitted by the General Plan and City zoning ordinances as they now exist or may hereafter be amended. iw��uo-mpi.� 19 IR4/95 The following uses are presently permitted by the General Plan: RESIDENTIAL Very Low Density Low Density Medium Density High Density COMMERCIAL Village Commercial Tourist Commercial Special Commercial Mixed Commercial General Commercial Commercial Park OPEN SPACE WATER COURSE/FLOOD CONTROL ® C. (603) Public Uses The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Primary streets in the Project Area include State Highway I11, Washington Street, Jefferson Street, Avenue 50, Fred Waring Drive, and Calle Tampico. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City in the Project Area as needed for proper development and circulation. The public rights -of -way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. IpumuWgW 20 124/95 Both within and, where appropriate, outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. The Agency may, in its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without an Owner Participation Agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the Agency to enter into an Owner Participation Agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The Agency may, but is not required to, authorize additions, alterations, repairs or other improvements in the Project: Area for uses which do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. F. (608) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall 10 conform to all applicable City codes. ��w�nu4Mv�.n 21 124/95 ® G. (609) 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, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section X below. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter tie amended from time to time. L1„ 1. (610) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to applicable City codes. ordinances, or other requirements governing development in the Project Area. additional specific performance and development standards may be adopted by the Agency to control and direct improvement activities in the Project Area. 2. (611) Rehabilitatiotl Any existing structure within the Project Area which the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (612) Number of l'welling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the Amending Ordinance, there are 5,891 dwelling units, not including mobile home units, in the Project Area. The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. i,,,a�ovdo� 22 124195 1�3i' • 11 11 11 •' ell ■' '! ! i . � 1' �It E The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (615) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 7. (616) Utilities The Agency shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (617) Incompatible Usu No use or structure which is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be permitted in any part of the Project Area, except as otherwise permitted by the City. • . • $ • OOMP 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 City, and, if necessary for purposes of this Plan, the Agency. 10. (619) Minor Variatic)ns The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. 23 I rza195 Ah b. There are exceptional circumstances or conditions applicable to the wr property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 609 herein, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, Amk traffic access, and other development and design controls necessary for proper IV development of both private: and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the Agency. In the case of property which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment. in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 619 of this Plan. . 1• • 4n Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any ® applicable participation or other agreements. •n,�o� 24 1124A5 ® The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of application. SECTION VII. (700) METHODS FOR FINANCING THE PROJECT Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and ® loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may be used for the street system. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. i.wmu4�aoian 25 1124/95 B. (702) Tax Increment Reventm All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the Original Ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Original Ordinance, shall be allocated to and when collected shall be paid to 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 include the territory in the Project Area on the effective date of the Original Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Original Ordinance shall 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 collected shall be paid into, a special fund of the Agency to pay the principal of and interest on 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, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, 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 to the respective Taring Agencies as taxes on all other property are paid. 3. That portion of the: taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual Ah ® repayments of the principal of and interest on any bonded indebtedness for �w�ow 26 1 rzai95 the acquisition or improvement of real property shall be allocated to, and when collected shall Ibe paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on 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, the redevelopment program for the Project Area. The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $2.0 billion, except by amendment of this Plan. No loan, advance or indebtedness to be repaid from such allocation of taxes established or incurred by the Agency to finance in whole or in part this Plan shall be established or incurred after January 1, 2004. Provided, however, that this limitation shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under ® Section 33413 and provided, further, that this limitation shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. This limitation may only be extended by amendment of this Plan after the Agency has made such findings as are required by law. Ell The loans. advances and indebtedness referred to in the preceding paragraph may be repaid over a period of time longer than the limitation established therein, except that the Agency shall not pay indebtedness or receive the property tax increment described in this Section 702 after ten (10) years from the termination of the effectiveness of this Plan as set forth in Section 1000 of this Plan. Provided, however, that nothing in the foregoing limitation shall be construed to or shall affect the validity of any bond, indebtedness, or other obligation, including, any mitigation agreement entered into pursuant to Section 33401, authorized by the City Council or the Agency prior to January 1, 1994. Nor shall ,the foregoing limitation be construed to affect the right of the Agency to receive the property tax increment referred to in this Section 702 to pay the indebtedness or other obligation. �wu�nu4do�.n 27 1/24/95 C. (703) Agency Bonds The Agency is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City or 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 fluids or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds and other obligations 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 in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $200.0 million, except by amendment to this Plan. D. (704) Other Loans and Grants Am Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. a" The Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. . .Vwpw 28 124/95 SECTION VIII. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be lirnited to, the following: Institution and completion of proceedings for opening, 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 and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be bome: by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, 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 carved to completion without unnecessary delays. 4. Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. �inmV�plm 29 1124/95 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION X. (1000) DURATION OF THIS PLAN Except for the non-discrimination and non -segregation provisions which shall run in perpetuity, and except as otherwise provided herein, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective until November 29, 2023. SECTION XI. (1100) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of ® the Redevelopment Law or by any other procedure hereafter established by law. �� 30 124/95 EXHIBIT A PROJECT AREA MAP 11 11] El AVENUE50 AVENUE 52 LU CY �- ------ THE COVE -----� N -_,,..__,_�--� w AVENUE 54 , 7 L .: AVENUE 58 i AVENUE 60 .-_-__ La Quinta Redevelopment Agency REDEVELOPMENT PROJECT AREA NO. 1 Project Boundaries M— — — ROSENO W S PEVACEK G ROUP INC. EXHIBIT B LEGAL DESCRIPTION l ]l KatzHollls EXHIBIT 'B' LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROJECT AREA City of La Quinta Redevelopment Agency 083083 remAARB 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.X.; 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.H.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 BEST 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-cr said corner also being the Rortheast corner of. the Northeast one -quarter of the Southwest one -quarter of said Section 21; Katzliollis 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 :TEST along the South line of said Section 21 to the South- west corner thereof, said corner also being the Northeast corner of Sec- tion 29, Township 6 South, Range 7 East, S.B.M.; Thence SOUTH along the East line of said Section 29 to the South- east corner thereof. ® Thence WEST along the South lines of said Section 29 and Section 30, Township 6 South, Range 7 East, S.B.M. to the Southwest corner of said Section 30, said corner being the Southeast corner of Section 25, Township 6 South, Range 6 East, S.B.M.; Thence continuing WEST along the South line of said Section 25 to the Southwest corner thereof; Thence 14ORTH along the West lines of Sections 25, 24, 13, 12 and 1, Township 6 South, Range 6 East, S.B.M. to the Northwest corner of said Section 1 thereof; Thence EAST along the North line of said Section 1 to the South- west corner of said Section 36, Township 5 South, Range 6 East, S.B.M.; Thence NORTH along the West line of said Section 36 to the North- west corner thereof; Thence EAST along the North line of Section 36 to the North one - quarter corner of said Section, said corner also being the Northeast corner of the Northwest one -quarter of said Section 36; Thence SOUTH along the West line of said Northwest one -quarter to the Southeast corner thereof, said corner also being the Northwest corner of the Southeast one -quarter of said Section 36; L'° 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, Townshp 6 South, Range 7 East, S.B.M.r Thence EAST along the North line of said Section 5 to the point of beginning. The above described parcel of land contains 17.5 square miles, more or less. Exhibit 'B• EXHIBIT C PUBLIC FACILITIES AND INFRASTRUCTURE IMPROVEMENTS PROJECTS 10 11 Amended Redevelopment Plan for the La Quinta Redevelopment Project No. 1 Project Description I. STREET/DRAINAGE IMPROVEMENTS Project Objectives: To improve levels of service on existing roads, construct additional streets Ito improve circulation, and install curbs, gutters and landscaped medians to control storm drain runoff. A. Jefferson St.: Avenue 52 to Avenue 54 * Rehabilitation and pavement overlay. B. Avenue 50: Orchard Ln. to Jefferson St. * Rehabilitation and pavement overlay. C. Washineton St.: Avenue 50 to Evacuation Channel * Widening of street and bridge; install median landscaping D. Phase VI Improvements - Village * Acquire right-of-wav; install storm drains, water mains, sewer system connections, curbs, gutters, medians and landscaping; pave residential streets E. Avenue 52: Avenida Bermudas to Desert Club Dr. * Wideing of Avenue 52; construct curbs, gutters, and landscaped medians F. Eisenhower Dr.: Avenu<, 50 to Calle Tampico * Widen Evacuation Channel bridge at Eisenhower Dr.; construct curbs, gutters and landscaped medians G. Jefferson St. Widening -Fred Waring Dr, to Avenue 62 * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians H. Washineton St. Widenine: Fred Waring Dr. to Avenue 52 * Widen to six (6) lames with center median; construct curbs, gutters and landscaped medians Avenue 52 Widening; Desert Club Dr. to Monroe St. * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians J. Eisenhower Dr. Widenire• Washintgon St to Avenue 50 ® * Widen to four (4) lanes; construct curbs, gutters and landscaped medians K. Avenue 50 Widening: Washington St. to Madison St. * Widen to four (4) lanes; construct curbs, gutters and RSG, Inc., PROJLIST.%LS Reg, Plan Pmleda 111M5 Page l of 4 landscaped medians; improve bridge crossing L. Madison St. Widening: Avenue 50 to Avenue 62 * Widen to four (4) lanes; construct curbs, gutters and is landscaped medians M. Monroe St Widening: Avenue 52 to Avenue 62 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians N. Avenue 54 Widening: Jefferson St. to Monroe St. * Widen to four (4) lanes; construct curbs, gutters and landscaped medians O. Median Landscanine: Eisenhower Dr. * Landscape existing ,median on Eisenhower Dr., between Avenue 50 and Coachella P. Median Landscaping: Washington St. * Landscape existing median on Washington St., between Whitewater Storm Channel and Simon Drive Q. Coachella Canal Rridggat Avenue 52 * Widen bridge at Avenue 52, including curbs, gutters, medians and sidewalks R. Coachella Canal Bridge at Jefferson St. * Widen bridge at Jefferson St., including curbs, gutters, medians and sidewalks S. Cilywide Transit Facility Improvement ProU= * Upgrade and expand bus shelters and construct turnouts and transfer facility II. STREET LIGHTING/TRAFFIC SIGNAL IMPROVEMENTS Proicet Objectives: To facilitate improved circulation flow and reduce traffic congestion and delays. Enhance saftey of Cove. A. 1 _! 1 :_ Ave iue 52 B. Eisenhower Dr. Call, Tampico C. Avenue 50 s Jefferson D. Avenue 52 & Avenida Bermudas E. Calle Tampico & Aven1. F. Avenue 52 & WashinglDiLSL G. Eisenhower Dr. & C H. Airport i : Madison 1. Madison St. i "l. AvenueJ. 11 K. Avenue 54 & Jefferson St. L. Street Light Installation Program To install street lights at all intersections in the Cove RSG, Inc., PROJLIST.XLS RW. Plan Pmjacia V16195 Page 2 of 4 M. Prepare Critical Insersection Plan * To identify specific geometric and right-of-way requirements at key intersections N. Prepare Alternative Transportation Study * To review feasibility of various transportation options serving the Project Area III. PARK IMPROVEMENTS Project Objectives: To provide safe, attractive and well -maintained parks for the public by installing additional recreational facilities and amenities. A. Fritz Burns Park (Completion: Phases II. III & IV) * Installation ofpicnic facilities, playground equipment and basketball courts. * Renovate existing tennis courts, add new tennis courts and contruct additional open space play area * Construct tennis and community recreation building B. Bear Creek Pathway Padi * Construction of rest stop areas, water amenities, picnic areas and tot play equipment. C. Yucatan Park D. Cove Community Park E. Sports Com lleex * Construct landscaping, volleyball courts, picnic areas and other recreational amenities F. Upper Cove Public Improvements G. Lake Cahuilla County Recreational Area * Install improvements in cooperation with the County RSG, Inc., PROJLISTALS Rol. Plan Projects 7H6IS5 Page 3 of 4 IV. CAPITAL FACILITY IMPROVEMENTS Project Objective: To develop sufficient community facilities to meet the needs of the City's residents. Creating multi -use areas for cultural activities and events, as well as a passive open space area. These projects include landscaping, hardscape, parking, lighting, restrooms, art/water features and an ampitheater/bandstage shell. V. COMMERCIAL REHABIIATATION/ECONOMIC DEVELOPMENT Project Objectives: These programs will revitalize deteriorating and substandard commercial facilities, in addition to facilitating parcel assembly projects that will enhance the Village. r,e B. Downtown Parking -Di * This project invloves the aquisition and improvement of parking lots to server portions of the Village Area. C. Commercial Rehabilitation Program D. Update Village Specific Plats * Includes design guidelines and comprehensive marketing studv VI. HOUSING PROGAMS Project Objectives: To increase and improve the commuity's supply of housing affordable to very low, low and moderate income households. To comply with the Agency's housing production requirements in Project Area No. 1, the Agency must ultimately create, or cause to be created, 1,555 affordable dwelling units over the duration of the Redevelopment Plan. RSG, Ina, PROJLIST.XLS Re . Plan Project 01M5 Page 4 of 4 IU PRELIMINARY REPORT Iml AMENDMENT NO. 1 TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 September 14, 1994 Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 619/777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 619/967-6462 PRELIMINARY REPORT FOR AMENDMENT NO. 1 TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1 TABLE OF CONTENTS WIM INTRODUCTION......................................................................................................................... I SECTION A GeographicLocation......................................................................................................A-I Socioeconomic Profile...................................................................................................A-I LandUse Character........................................................................................................A-3 The Reasons for Selecting the Project Area................................................................... A-3 Reasonsfor the Amendment..........................................................................................A-6 SECTION B Properties No Longer Blighted Existing Blighted Conditions.. SECTION C........................................ SECTION D ............................................................... B-1 ............................................................... B-2 ................................................................. C-1 General Financing Methods Available to the Agency...................................................D-1 Economic Feasibility Analysis...................................................................................... D-5 Reasons for the Provisions of Tax Increment................................................................D-8 Correlation of Project Costs to Future Tax Increment Revenues .................................. D-9 SECTION E ......................... SECTION F ....................... U .............. E-1 ........................................................... F-I PRELIMINARY REPORT FOR THE AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT LIST OF EXHIBITS AND TABLE EXHIBIT A -I City of La Quinta Regional Location Map EXHIBIT A-2 La Quinta Redevelopment Project Area Map TABLE D-1 Projected Tax Increment Revenues - Without Amendment TABLE D-2 Projected Tax Increment Revenues - With Amendment EXHIBIT D-1 City General Fund Revenue and Expenditure Trends EXHIBIT E-1 Public Facilities/Infrastructure Improvement Projects EXHIBIT F-1 Blight Matrix rl1 `PJ INTRODUCTION On February 15, 1994, the La Quinta Redevelopment Agency (the "Agency") approved and accepted the Preliminary Plan for Amendment No. 1 to the Redevelopment Plan (the "Amendment") for the La Quinta Redevelopment Project No. 1 (the "Project"). This Agency action initiated proceedings to amend the existing Redevelopment Plan for the Project (the "Existing Plan") to: • Clarify and expand the public facilities and infrastructure improvements project list embodied within the Existing Plan; • Increase the amount of tax increment revenue which the Agency may receive from the Project; • Increase the limitation on the amount of bond indebtedness which may be outstanding at any one time; and • Establish a new 12-year time frame during which the Agency may employ eminent domain. As proposed, this Amendment will not increase or decrease the size of the 11,200-acre La Quinta Redevelopment Project No. 1 (the "Project Area"). If adopted, the Amendment would establish the amended Redevelopment Plan for the Project (the "Amended Plan") which would supersede and replace the Existing Plan, and which would guide all future redevelopment projects, programs, and activities within the Project Area. The California Community Redevelopment Law, Health and Safety Code Sections 33000 PL ems., (the "Law") provides the Agency with the authority to undertake revitalization efforts in blighted areas within the City of La Quinta (the "City"). As defined by the Law, redevelopment includes the rehabilitation, reconstruction, and improvement of existing structures; the provision of public improvements; and the replanning or redesign of blighted properties within a project area. Sections 33450-33458.5 of the Law permit the Agency to recommend an amendment to the Existing Plan, subject to the preparation of documents by the Agency to substantiate the need for InquintepremWnw 1 9/13/94 an amendment to the Existing Plan, the convening of ajoint Agency/City Council public hearing on the Amendment, and consideration and adoption of an amending ordinance by the City Council. This is the Preliminary Report for the Amendment (the "Preliminary Report"), which outlines the reasons for the Amendment, and details the Agency's proposed redevelopment program to be implemented through the Amended Plan. In this Preliminary Report, pursuant to Section 33354.6(b) of the Law, the Agency documents the following: • the blight that remains in the Project Area; • the portion, if any, of the Project Area that is no longer blighted; • the projects needed to eradicate the remaining blight; and • the nexus between the costs of such projects and the amount of the increase in the limitation of tax increment revenues to be allocated to the Agency. r U This Preliminary Report, prepared pursuant to Section 33344.5 of the Law, provides a summary of the reasons for the Amendment. With the approval of this Preliminary Report, along with a Draft Environmental Impact Report and Draft Redevelopment Plan, the Agency will initiate further discussions with the affected taxing entities, the Project Area Committee, and the community as to the scope and nature of the proposed Amendment. Following these discussions, the Agency will incorporate this input into the Report to Council, Final Environmental Impact Report, Five -Year Implementation Plan, Final Redevelopment Plan, Method of Relocation Rules, and Owner Participation Guidelines. All of these documents will be considered by the Agency and City Council at a joint public hearing tentatively scheduled for early 1995. 11 �z9ulnta�yra➢oantro 2 9/13/94 ' li This Preliminary Report has been divided into the following sections: SECTION A. The Reasons for the Selection of the Project Area. SECTION B. A Description of the Physical and Economic Conditions Existing in the Project Area. SECTION C. A Determination as to whether the Project Area is Predominantly Urbanized is not required in connection with Amendment No. 1. SECTION D. A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment. SECTION E. A Description of the Projects Proposed by the Agency. SECTION F. A Description of How the Proposed Projects Will Improve and Alleviate the Conditions Cited in Section B. J 9/13/94 SECTION A THE REASONS FOR THE SELECTION OF THE PROJECT AREA This section of the Preliminary Report profiles the Project Area and outlines the reasons for the inclusion of certain properties. In addition, this section also describes the issues pertaining to the Existing Plan and the need for this Amendment. Geographic Location The Project Area is located within the City of La Quinta (the "City"), Riverside County (the "County"), California. The City is approximately 20 miles southeast of the City of Palm Springs and 237 miles east of the City of Los Angeles. Incorporated in 1982, the City encompasses approximately 28 square miles of the Coachella Valley, and is adjoined by the Santa Rosa and Coral Reef Mountains to the south and west, the Cities of Indian Wells and Palm Desert to the northwest, the unincorporated community of Bermuda Dunes to the north, and the City of Indio to the east. The regional location of the City is depicted on Exhibit A-1. The Project Area is 11,200 acres in size and is generally bounded by Avenue 50 to the north, Jefferson Street to the east, Avenue 60 to the south, and the City boundaries on the west. Exhibit A-2 presents the boundaries of the Project Area, which encompass the Santa Rosa Mountains, PGA West, the Cove, and the Village of La Quinta. No territory has been added or deleted from the Project Area since it was established in November, 1983, and the Amendment does not include actions to add or delete property. Socioeconomic Profile According to a report prepared by National Decisions Systems in May, 1994, the estimated 1994 population for the City is 13,556, of which approximately 80.0%, or 10,858, reside within the Project Area. Population growth for the City and the Project Area during the 1980s was significant, with the annualized growth rates for the City and the Project Area of 26.9% and qu �e9vlou`�prcry�Aed-, A -I 9/14/94 EXHIBIT A-1 CITY OF LA QUINTA REGIONAL LOCATION MAP 11i 0 RNERStDE DESERT HOT SPRINGS County n � / ® PALM bPQINGS III La Quinta Redevelopment Agency REGIONAL LOCATION ROSENOW SPEVACEK GROUP INC. EXHIBIT A-2 LA QUINTA REDEVELOPMENT PROJECT AREA MAP 11 i ®mom®� AVENUE50 AVENUE 52 !8 61.999gFQI0� ,' e! lililggllligg — m��8 fr�g5 �i9 '�3A r AVENUE 54 N AIM9i9a; 1 � - - vp z L®VENUE 56 --- HE COVE -- � =`r- N UJ AVENUE 58JL ' AVENUE 60 La Quinta Redevelopment Agency REDEVELOPMENT PROJECT AREA NO. 1 Project Boundaries ROSENOW SPEVACEK GROUP INC. 68.4%, respectively. This compares to a County -wide annualized population growth rate for the same time period of 7.7%. The table below presents a demographic profile of the County, the City, and the Project Area. As compared to the City and the County, the Project Area is characterized with a slightly greater number of persons per household and a somewhat lower median age. DEMOGRAPHIC PROFILE County of City of PROJECT Riverside La Quinta AREA NO. 1 Population Growth Rates (Annualized) 1980 - 1990 Census 7.65% 26.90% 68.39% 1990 -1994 Estimated 4.23% 5.22% 5.64% 1994 - 9999 Projected 3.03% 4.52% 3.81% 1994 Racial Breakdown White 74.79% 78.23% 76.11% Black 6.04% 2.12% 2.35% Asian/Pacific Islander 4.05% 1.65% 1.67% Other Races 15.12% 18.00% 19.87% TOTAL 100.00% 100.00% 100.00% Hispanic27.90% 29.30% 31.40% 1990 Household Size Persons Per Household 2.85 2.86 3.03 1994 Age of Residents Median Age 33.87 32.44 30.01 *Hispanic figures are included in one or more of the above racial categories. Source: National Decision Systems laquinu\prttptbm-a A-2 9/14/94 Land Use Character Since the Existing Plan was adopted in 1983, the Project Area has undergone significant residential development. Approximately 2,000 new dwelling units have been constructed in the Cove, while another 1,824 units have been developed in other locations. According to statistics compiled by the City Planning and Development Department, the current land use profile of the Project Area is as follows: LAND USE PROFILE Designation -Existing Land Use Acres % of Total Residential - Developed 2,499 - Vacant 1,257 3,756 33.5% Commercial - Developed 110 - Vacant 224 334 3.0% Office - Vacant 16 0.1% Community Facilities - Developed 20 0.2% Parks- Developed 80 - Vacant 420 500 4.5% Open Space - Mountainous 4,435 - All Other 1,611 6,046 54.0% Watercourse/Flood Control 222 2.0% Streets/Public Right -of -Way 306 2.7% 11,200 100.0% The Reasons for Selecting the Project Area In November of 1983, the City Council adopted the Existing Plan which established the 11,200- acre Project Area. The most prevalent land uses within the Project Area at that time were commercial retail, commercial office, residential, institutional, recreational, and public uses. As cited in the Report to the Council for the Existing Plan (the "Report to Council"), the Project Area was characterized with a variety of blighting conditions including the physical deterioration le4wnwYr tic+ -a A-3 9/14/94 of structures, substandard infrastructure, and stagnant economic activity. Specifically, the Report to Council indicated that redevelopment within the Project Area was needed to mitigate the following conditions: Historically, the entire Coachella Valley was susceptible to flash floods during intense summer thunderstorms. The City was no exception, as many portions of the Project Area suffered severe flood damage on a regular basis. Because of the absence of flood control facilities, much of the Project Area suffered significant physical and economic losses. Further, flood conditions severely impacted the health, safety, and welfare of Project Area residents and businesses. Moderately to Heavily Deteriorated Residential Structures Throughout the Cove The 1983 Report to Council identified that 200 dwellings had moderate to heavy structural deterioration and had been cited for numerous violations of the City's Municipal Code. Because the cost of the rehabilitation was estimated to exceed 50% of the value of the structures, many of these units were considered candidates for demolition. To repair and rehabilitate other residential structures, the Agency sought redevelopment programs to assist in the reconstruction or repair of the dilapidated units. Substandard Structure Design The Report to Council identified a number of specific properties within the Project Area that were developed under significantly less stringent building standards applicable prior to the City's incorporation in 1982. As a result, the structures were more susceptible to flood damage due to insufficient foundations, and were plagued with numerous safety hazards due to defective and substandard electrical wiring. Because these types of design flaws represented a serious threat to the health and safety of the occupants, the Agency wishes to assist in the redesign and alteration of such facilities. Ia uinWpre pt�mt-a A-4 9/14/94 15METIFtO A number of the residential structures within the Cove and the Village had been converted into other nonresidential type uses. In addition to the unsuitability of the buildings to house these new uses, these converted properties frequently resulted in land use compatibility conflicts with adjoining residential uses, as they did not have sufficient buffers, storage facilities, and parking to support the new commercial enterprises. Inadequate Water and Sanitation Infrastructure The Cove's water system dated back to the original development of the subdivision in the 1930s. By 1983, the water mains which served this 6,300 parcel subdivision had corroded and deteriorated. In addition to poor water quality, the water lines did not provide adequate water pressure to meet fire service requirements. Further, sewage in the Cove was disposed through septic systems, and as Cove properties flooded during heavy rains, these septic tanks overflowed or subsided as a result of ground soil failure. Sewage would then leak into the community's water system. At the time the Existing Plan was adopted, septic tank failure had become a frequent occurrence in the Cove. Inadequate Roadways/Streets Regional access to the Project Area is provided by two north -south arterials, Washington and Jefferson Streets. Avenue 52 connects the Project Area to the communities of Indio and Coachella to the east. Although the City's General Plan classified these streets as primary arterial highways, both Jefferson Street and Avenue 52 were two-lane roadways. In addition, surface streets in the Cove were also substandard. The collection of flood water resulting from the lack of curbs, gutters, storm drains, and base paving material caused numerous potholes and asphalt breakup. These conditions were further exacerbated by frequent flooding that had washed out portions of Avenida Montezuma. C A-5 9114/94 Iu Stagnate Commercial Activity Within the Village In November of 1983, the City of La Quinta had very little commercial development within its corporate boundaries. Commercial development within the Village of La Quinta (the "Village") area was limited to 25 small commercial buildings containing restaurants and offices. As residential development occurred, commercial development did not proportionally follow in the Village. Many of the commercially designated properties in the Village were located on the 2,500 square foot parcels, and, in order to assemble a 3- to 5-acre site, a developer would be confronted with as many as a dozen different land owners. Further, the street and utility infrastructure needed to support commercial development did not exist. Given the vast amount of needed infrastructure, commercial development proposals were often not economically viable. Other Conditions The 1983 Report to Council cited a marked increase in the crime rates within the Project Area. In addition, as part of a newly incorporated city, the Project Area did not contain a sufficient amount of park and recreational space for its residents. Reasons for the Amendment Since adoption of the Existing Plan, the Agency has successfully implemented various redevelopment projects that have addressed some of the aforementioned blighting conditions. A majority of the Agency's work within the Project Area has been focused on flood control improvements in and surrounding the Cove. However, additional blight mitigation efforts have been frustrated by the Existing Plan's financial and legal constraints. Therefore, to provide the Agency with the ability to engage in future redevelopment and housing efforts, the Amendment is designed to address the following issues: iaquima�prerpi�aect-, rat 9/14/94 ,.4•.---W-- ME , .. , Section 33445(b) of the Law requires that public improvements that may be constructed through redevelopment shall be provided for in the redevelopment plan. The Existing Plan has a vague and extremely limited listing of public improvements projects; the listed projects only specifically address flood control infrastructure. The text of the Existing Plan, however, includes provisions that provide a much broader authority for the Agency to construct, or cause to be constructed, public improvements within the Project Area. This authority does not correlate with the public improvements specifically listed in the Existing Plan. The Amended Plan contains an expanded and more definitive listing of street, utility, flood control, and facility public improvements that would address the remaining blighting conditions in the Project Area. Exhibit E-1 of this Preliminary Report presents the proposed public facility and infrastructure improvement projects. The Agency intends to remove the ambiguities and vague references to projects by describing, to the greatest extent possible, the exact nature of all anticipated redevelopment projects to be implemented for the duration of the Project. The expanded public improvements list will also serve the Agency better in its efforts to link projects to the removal of blight that continues to constrain the economic growth in the Project Area. Insufficient Tax Increment Revenue Limit In order to finance the cost of undertaking the broader and more explicit scope of projects which will alleviate the remaining conditions of blight, the Agency also proposes to increase the $300.0 million cumulative tax increment revenue limit contained in the Existing Plan to $2.0 billion. As described more fully in Section D of this Preliminary Report, the Agency is confronted with a severe limitation on the amount of tax increment revenue it may receive. It is anticipated that the existing $300.0 million limit will be achieved in fiscal year 2008-09, after which the Agency will be ineligible to receive additional tax increment revenue from this Project. To date, the Agency has received $59.6 million in tax increment revenue from the Project, leaving a $240.4 million tax increment revenue capacity. Of this amount, $116.0 million would be allocated to other C INUtnu\Pr rytk .-. A-7 9/14194 taxing agencies pursuant to fiscal mitigation agreements, and $58.4 million is needed to service debt service on existing Project bonds. This leaves a total tax increment capacity of $66.0 million; $48.1 million to fund housing projects and programs, and only $17.9 million to fund redevelopment/economic development projects. As presented in this Preliminary Report, the Agency has identified a total of $293,990,188 in redevelopment and housing projects needed to address the remaining conditions of blight found in the Project Area. The tax increment limit contained in the Existing Plan precludes the Agency from fully funding these needed activities. Restrictive Bond Indebtedness Limitation The Existing Plan's limit on the amount of bond indebtedness which may be outstanding at any one time is $35 million; in 1991, the Project reached this limit. The current total outstanding indebtedness of the Project is $34.8 million, which is comprised of the Series 1991 Tax Allocation Bonds ($8.135 million) and the Series 1994 Tax Allocation Refunding Bonds 19 ($26.665 million). As described in Section E of this Preliminary Report, bond financing is an integral part of the Agency's funding mechanisms for many redevelopment projects. However, both housing and nonhousing projects proposed under the Amended Plan cannot be effectively carried out without the issuance of additional bonds. The Amendment proposes to increase the current $35.0 million limit to $200.0 million. Increasing the bond indebtedness limit is particularly necessary for the Agency to facilitate the production of housing affordable to very low, low, and moderate income households required pursuant to Section 33413 of the Law. Presently, the Project has an affordable housing production deficit of 518 units. Additionally, as units are constructed or rehabilitated within the Project Area, the Agency is responsible for the production of a proportionate share of affordable dwelling units. It is anticipated that between 1994 and projected Project Area buildout, the Agency will be obligated to provide 1,189 affordable dwelling units, in addition to the current production deficit of 518 units, for a total requirement of 1,707 units. Such massive production requirements cannot be effectively funded with direct tax increment revenue expenditures. The current subsidies needed to achieve affordable housing costs for very low and low income ]Muio e,�sw-. A-8 9/14/94 households averages $65,000 per unit; based upon the Agency's projected set -aside revenue of • approximately $2.5 million per year, this would annually fund 38 units, which would preclude the Agency from achieving its housing production requirements over the term of the Existing Plan. The Project does generate sufficient Low and Moderate Income Housing Fund revenue to support additional bond debt. However, since the Project has reached the Existing Plan's $35.0 million bond indebtedness limit, the Agency cannot issue bonds that pledge Housing Fund revenue without increasing this limit. The issuance of housing bonds would raise capital that could then be pledged towards additional affordable housing production. Acquisition Authority The Existing Plan permits the use of eminent domain to assist in the Agency's acquisition projects. Although it has been sparingly used, eminent domain has proven to be a necessary tool for parcel acquisition efforts. In order to initiate economic development within the Project Area's commercial locales, the Agency will need to take an active role in projects involving parcel assembly and consolidation. Many of the commercially planned parcels in the Village are situated on 2,500 square foot lots, under multiple ownership. For the private sector to develop a 3-acre site, a developer would conceivably have to negotiate land transactions with a dozen different land owners. In the Existing Plan, the authority to acquire property through eminent domain expires in November, 1995. Because the Project will not generate an adequate quantity of tax increment revenue to complete the removal of blight influences in the Project Area within this time frame, the eminent domain authority needs to be extended. The Amendment would establish a new 12- year time frame from the date of adoption of the ordinance approving the Amended Plan within which the Agency may employ eminent domain powers as necessary. With sufficient financial resources and the option of eminent domain, the Amendment will improve the Agency's ability to consolidate parcels and actively promote economic development. 11 A-9 9114/94 In the following sections, the objectives of this Amendment are discussed in greater detail, along with an indication of the areas that are no longer blighted. The economic feasibility of the Amendment is analyzed in Section D. Section E of this Preliminary Report delineates the proposed projects to be undertaken through the Amended Plan, and Section F concludes this Preliminary Report by correlating the objectives of this Amendment to the further mitigation of blight in the Project Area. iayWnu�pr<mtlmct-a A-10 9/14194 SECTION B A DESCRIPTION OF THE PHYSICAL AND ECONOMIC CONDITIONS EXISTING IN THE PROJECT AREA Since the Existing Plan was adopted in November of 1983, the Agency has taken on various redevelopment activities that have begun the process of removing blight within the Project Area. Thus far, the preponderance of the Agency's redevelopment program has focused on the inadequate flood control facilities in the Cove. The second area of significant redevelopment effort has been the improvement of the Cove sewer system. Presently, approximately 75% of the Cove has been converted from deteriorating septic systems to the water district's sewer system. In addition, the Agency has also proactively caused the development and/or retention of housing affordable to very low, low, and moderate income households; to date 229 affordable dwelling units have been produced and reserved in the Project Area. Properties No Longer Blighted Section 33354.6(b) of the Law mandates that, during the plan amendment process, redevelopment agencies identify any portions of a project area that are no longer blighted. Approximately 2,985 acres, or 26.65%, of the area within the Project Area is no longer blighted; these properties involve PG.A West, the Quarry, and the Citrus Course residential subdivisions. The structures and infrastructure within these areas are predominantly in good condition. While the Law does provide that nonblighted properties can be removed from a project area, the Agency's bond covenants for the Series 1991 and Series 1994 Project tax allocation bonds prohibit my alterations to the Project Area that would reduce the tax increment revenue base. Tax increment revenue resulting from the development of these communities is pledged for debt service on these bonds. Further, the Amended Plan includes arterial road improvements, traffic signals, and public parks that will serve these communities. 1a9uinm\prcrptVen-b 9114/94 Existing Blighting Conditions Much of the blight identified within the 1983 Report to Council continues to persist within the Project Area. These problems include the continued economic maladjustment in the Village, inadequate public infrastructure serving the Project Area, and deterioration of residential dwelling units in the Cove. All of these blighting conditions were cited within the Report to Council in 1983; yet, as discussed in this section, the Existing Plan constrains the Agency from initiating additional redevelopment projects and programs to counteract these conditions. This section will describe the extent to which the blighting conditions cited in the 1983 Report to Council continue to persist in the Project Area. Stagnant Economic Growth in the Village Area The 96-acre Village, located in the vicinity of Calle Tampico, Desert Club Drive, Avenue 52, and Eisenhower Drive, is the downtown portion of the City. Small underutilized commercial lots pervade the Village. Within a single block area, ownership is disbursed among as many as 12 different land owners. The Village generally lacks contemporary and properly engineered street systems, and is serviced by inadequate water and sewer systems. Private enterprise continues to show its reluctance to develop in the Village; since the Existing Plan was adopted, only a 1,500 square foot pizza restaurant and a 2,665 square foot office building have been constructed. This lack of development in the Village has been attributed to many causes, including deteriorated or deficient infrastructure, and multiple land ownership patterns. u Iaquinu%prc t�. -b B-2 9/14/94 As indicated in Section A of this Preliminary Report, since 1980, population growth in the City, particularly within the Project Area, has been substantial. Since 1983, the number of residential dwelling units within the Cove has nearly doubled to 4,000, while PGA West and other residential properties north of the Village have undergone major development. However, despite this substantial development and rapid population increase, commercial development in the Village (which is the commercial area planned to service these developments) has remained stagnant. Lot configurations and mixed ownership patterns in the Village cause commercial developers to look elsewhere to construct retail projects. An example of this multiple ownership pattern is a 1.38-acre block located on Avenida La Fonda. Similar to other blocks in the Village, this area was subdivided without consideration for a practical commercial use. On this particular block, which is subdivided into 16 parcels, 80.0% of the lots are 25 feet wide by 100 feet deep. Also, the lots are owned by twelve (12) different land owners, further compounding the problem. Typically, smaller lots owned by separate parties are much more costly and difficult to assemble than larger, single ownership parcels. Public infrastructure in the Village continues to be substandard as compared to other commercial districts in the City. Sewer and storm drain facilities are generally deteriorated and overutilized, and water service is inadequate. Like the Cove, a majority of the properties are serviced by septic tanks. In addition, varying street widths and confusing circulation patterns on Calle Estado and Avenida La Fonda further complicate development in this area. The infamous "triangular" intersection of Avenida La Fonda and Eisenhower Drive has consistently been the location of numerous traffic accidents. Along Calle Estado, between Desert Club Drive and Avenida Bermudas, street widths vary from 100 feet to 50 feet. The inadequate infrastructure and poorly designed public streets contribute to economic decline that is manifest in the Village. �wuf��e�preepi�en-b B-3 9/14/94 In order to encourage commercial investment within the Village, the Agency must take an active • roll in a comprehensive Village improvement program. These improvements include the installation of improved sewer facilities and storm drains, upgrading water service, development of a downtown parking district, widening of streets, and the addition of street lights. Further, the Agency must work with property owners and developers to promote commercial development through lot consolidation and infrastructure cost sharing. The Amendment includes projects and programs (as outlined in Exhibit E to this Preliminary Report) to address the conditions cited above; outlined below is a listing of these projects and programs: COMMERCIAL REHABILITATION/ECONOMIC DEVELOPMENT -Land Acquisition/Write-Down -Downtown Parking District -Commercial Rehabilitation Program -Update Village Specific Plan CAPITAL FACILITY IMPROVEMENTS -Cultural Events Centers STREET/DRAINAGE IMPROVEMENTS -Phase VI Improvements -Village -Citywide Transit Facility Improvement Program Inadequate Public Improvements One of the primary reasons the Agency originally established the Project was to create a comprehensive program to rehabilitate and repair existing roadways, improve and widen bridges, construct flood control infrastructure, install traffic signals, and expand the park facilities. Much of the existing public infrastructure was substandard and operating beyond capacity. B-4 9n4/94 Because of its geographical location, the Project Area relies heavily on the north -south arterials of Washington Street and Jefferson Street for traffic circulation. These streets, in addition to the east -west arterial Avenue 52, constitute the core of the Project Area circulation system. According to the Circulation Element of the City's General Plan, Washington Street experiences the highest traffic volumes of any location in the City. Despite these traffic demands, much of Washington Street remains a two-lane roadway, including a half -mile segment between Avenue 50 and the La Quinta Evacuation Channel. As commuters seek alternate routes, the resulting traffic congestion on Washington Street has adversely affected other arterials as well, including Jefferson Street. Street widening projects are also required on other locally serving thoroughfares such as Eisenhower Drive. Unfortunately, due to the geological and land use constraints within the City, the construction of new roadways is not feasible. Thus, in order to accommodate existing and future traffic demands, the Agency must concentrate its endeavors on widening Eisenhower Drive and Washington Street, plus rehabilitating Jefferson Street and other primary arterials. Ultimately, buildout projections for the Project Area will require that these streets be widened further. Jefferson Street, Washington Street, and Avenue 52 are proposed to be developed as six -lane arterials with center medians. Other primary routes that will require service rehabilitation and/or widening include Avenue 50, Avenue 52, and Eisenhower Drive. Many of the critical intersections within the Project Area are not signalized, particularly intersections located in and around the Village. The lack of traffic signals has caused traffic congestion, and unsafe vehicle and pedestrian traffic conditions. As population in the Project Area has grown, the City's public park facilities usage has exceeded capacity. In order to provide sufficient park space and amenities comparable to the service demands, the Agency will need to participate in a project areawide park program. Normally, municipalities finance these public improvements with a combination of general, road, and infrastructure funds. However, the City's respective funds cannot shoulder these costs, due to revenue deficiencies. [,q int',re t�.-b 9/14/94 One of the primary reasons for the Amendment is to expand the list of public facilities and infrastructure projects contained in the Existing Plan. Outlined below are projects proposed by Amendment to address the aforementioned conditions. STREET/DRAINAGE IMPROVEMENTS -Jefferson Street: Avenue 52 to Avenue 54 -Avenue 50: Orchard Lane to Jefferson Street -Washington Street: Avenue 50 to Evacuation Channel -Avenue 52: Avenida Bermudas to Desert Club Drive -Eisenhower Drive: Avenue 50 to Calle Tampico -Jefferson Street Widening: Fred Waring Drive to Avenue 62 -Washington Street Widening: Fred Waring Drive to Avenue 52 -Avenue 52 Widening: Desert Club Drive to Monroe Street -Eisenhower Drive Widening: Washington Street to Avenue 50 -Avenue 50 Widening: Washington Street to Madison Street -Madison Street Widening: Avenue 50 to Avenue 62 -Monroe Street Widening: Avenue 52 to Avenue 62 -Avenue 54 Widening: Jefferson Street to Monroe Street -Median Landscaping: Eisenhower Drive -Median Landscaping: Washington Street -Widen Bridge: Coachella Canal Bridge at Avenue 52 -Widen Bridge: Coachella Canal Bridge at Jefferson Street STREET LIGHTING/TRAFFIC SIGNAL IMPROVEMENTS - Eisenhower Drive and Avenue 52 - Eisenhower Drive and Calle Tampico - Avenue 50 and Jefferson Street - Avenue 52 and Avenida Bermudas - Calle Tampico and Avenida Bermudas - Avenue 52 and Washington Street - Eisenhower Drive and Calle Montezuma - Airport Boulevard and Madison Street - Madison Street and Avenue 54 - Avenue 52 and Jefferson Street - Avenue 54 and Jefferson Street - Street Light Installation Program - Prepare Critical Intersection Plan - Prepare Alternative Transportation Study i. uinu`pr r fsc -n B-6 9/I5/94 PARKIMPROVEMENTS - Fritz Burns Park (Completion: Phases II, III, and IV) - Bear Creek Pathway Park - Yucatan Park - Cove Community Park - Sports Complex - Upper Cove Public Improvements - Lake Cahuilla County Recreational Area substandard Housing The November 1983 Report to Council estimated that approximately 200 units within the Cove were either moderately or seriously dilapidated. It was estimated that the extent of this deterioration would require either major structural repair or demolition and reconstruction of the affected units. As part of its cyclical update of the housing element, the City commissioned a housing condition survey to assess the existing stock of dwelling units within the City. The April 1994 survey conducted by the Planning Center found a number of units within the Project Area continue to need rehabilitation. Approximately 331 dwelling units in the Cove will require moderate rehabilitation. Of this total, approximately 235 homes had significant deferred maintenance while the remaining 96 units were more seriously deteriorated; the more deteriorated units were spread throughout the Cove and were not concentrated in any one single area. In other locations, outside storage, deferred maintenance, exterior facade damage, broken windows and garage doors, and concrete breakup were prevalent. In addition to these 331 units that require rehabilitation, it was estimated that another 150 dwellings needed minor repairs. Outside of the Cove, the Planning Center survey identified substandard building conditions in a three -block area in the Project Area located between Calle Tampico, Washington Street, Avenue 52, and Desert Club Drive. On each of these three blocks are a collection of single-family, duplex, and triplex dwelling units; approximately 10, or 25%, of these dwelling units exhibited structural deterioration and deferred maintenance. laqulnu�prerpeVea-b B—% 9/14194 Overall, the housing condition survey estimated that approximately 6% of the City's housing requires rehabilitation; approximately two-thirds of these units are located within the Project Area. With the adoption of this Amendment, the Agency could issue additional bonds to fund housing rehabilitation programs. In addition to repairing existing dwellings, the Agency also proposes to employ housing funds to finance the costs associated with the production of new affordable dwellings. Presently, based upon the number of additional dwelling units to be constructed within the Project Area over the next ten years, the Agency will need to facilitate the development of 518 dwelling units affordable to low and moderate income households. Upon buildout, the number of affordable housing units to be produced is expected to reach 1,707. Thus, the Agency's future housing program will not only feature a comprehensive rehabilitation project, but also a viable funding mechanism to ensure the effective production of safe, new affordable dwelling units. The Amendment proposes to address the Agency's housing needs by: (1) increasing the bond indebtedness limit to provide for the issuance of bonds to fund housing production efforts, and • (2) designating $142.6 million in affordable housing programs that will revitalize existing, and facilitate the development of new, units. i,amw�r�Ro��a-b B-8 9/15/94 ® SECTION C 11 A DETERMINATION AS TO WHETHER THE PROJECT AREA IS PREDOMINANTLY URBANIZED IS NOT REQUIRED IN CONNECTION WITH AMENDMENT NO. 1 The requirement that a project be predominantly urbanized only applies to redevelopment plans adopted after January 1, 1984 or to territory added to a project area by amendment on or after January 1, 1984. Because the Existing Plan was adopted on November 23, 1983, and no territory has been, or is proposed to be, added to the Project Area, the urbanization requirement does not apply and no further discussion of the conditions in the Project Area which cause it to be predominately urbanized need to be included in this Preliminary Report. mqum.\p"',e , C-1 9/15/94 SECTION D A PRELIMINARY ASSESSMENT OF THE PROPOSED METHOD OF FINANCING, INCLUDING THE ECONOMIC FEASIBILPI'Y AND THE REASONS FOR THE DIVISION OF TAX INCREMENT General Financing Methods Available to the Agency Redevelopment of the Project Area is proposed to be financed with a combination of a variety of resources, including: • Financial assistance from the City, County, State of California and/or Federal Government; • Tax increment revenue; • Interest income; • Agency bonds; • Proceeds from lease or sale of Agency -owned property; • Loans from private financial institutions; and • Any other legally available source. The more typical sources of redevelopment financing that have been employed with the Project are described below. Financial Assistance from the CityCounty. State and/or the Federal Government Historically, the Agency has received loans and advances from the City for planning, construction, and operating capital for administration of the Project until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. Typically, such monies are used to meet short-term cash flow needs as the City's General Fund iscannot carry extensive levels of Agency debt at the risk of threatening the City's own cash balances. iwwnu�yrRpw«ta D-I 09/15/94 u As available, other funds such as state gas tax funds and federal Community Development Block Grants were, and will continue to be used, as appropriate, to pay the costs of Project implementation. The Agency and City will also continue to work together to pursue other available grants and loans. The City or other public agency may also issue bonds on behalf of the Agency and provide in -kind assistance. As an example, the Agency has been successful in cooperating with the Coachella Valley Water District (the "Water District") on mutually beneficial projects within the Project Area. The costs of these projects have been shared with the Water District. Property Tax Increment The Agency will continue to use property tax increment as provided for in Section 33670 of the Law as the primary financing mechanism to implement the Project. Tax increment revenue may only be used to pay indebtedness incurred by the Agency; indebtedness includes principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, redevelopment activities. The Amendment would increase the amount of tax increment revenue the Agency may receive from the Project from $300.0 million to $2.0 billion. Tax increment revenues from the Project are distributed to an array of obligations. As required by Section 33320 of the Law, twenty percent (20%) of Project tax increment revenue is deposited into the Agency's Low and Moderate Income Housing Fund for the purposes of improving and expanding the supply of affordable housing. Low and Moderate Income Housing Funds have been used by the Agency to defray infrastructure costs associated with the construction of single and multifamily housing, to purchase and write -down the cost of land, and to subsidize mortgage and rental payments. The level of housing activities in the Project Area are expected to increase dramatically under the Amended Plan, due to the issuance of bonds that will be funded with future Low and Moderate Income Housing Fund revenue. r1 U D-2 09/15,94 Redevelopment Fund monies, the remaining 80% of the tax increment revenue, have been used to pay for taxing entity obligations, nonhousing programs, and bond debt service costs. Remaining Redevelopment Fund revenue will finance some of the proposed infrastructure and land acquisition efforts within the Project Area. Without the Amendment, the Agency will have a limited ability to fund additional redevelopment and housing projects. The cumulative tax increment limit of $300.0 million is projected to be achieved in fiscal year 2008-09. To date, the Agency has collected a total of $59.6 million in tax increment revenue from the Project; the Agency is projected to receive an additional $240.4 million during the next 14 years (based upon a modest 5% annual growth rate of Project Area assessed values). However, of this amount, the Agency would only retain a small portion to undertake additional nonhousing redevelopment projects. A projection of Project tax increment the Agency would receive pursuant to the Existing Plan, without an Amendment, is presented in Table D-1; the chart below summarizes the projected disposition of these monies. ANALYSIS OF AVAILABLE REDEVELOPMENT FUNDS EXISTING PLAN Tax Increment Revenue Limit: $ 300.0 Million Revenue Collected to Date: MT-11 ""Mort Tax Increment Revenue Remaining: $ 240.4 Million 100% Disposition of Available Revenue Housing Set -Aside Bond Debt Service Taxing Entity Payments Subtotal $ 48.1 Million 20% 58.4 Million 24% 116.0 Million 48% $ 222.5 Million 92% Redevelopment Funds Remaining $ 17.9 Million 8% Present Value @ 7% $ 10.6 Million 09/15/94 r'i M V b r� m CCOp N h LL fJ N N N h� M P •N1 O Vl b(� P O O O N N � r P P P P P P C1 Ll H a P� P P P P P N N N N N N N N N N N h H - (`r N O„ r N W b m h n W P O bbN nOPm ��E (f m'r n- N hb N b TW PW rl M1 b„ b V b h P O O � P N-. F a h W h o y r N O K r n Yi M N e w P P b m O m b n h r vmi r P d N r ^ ^ C N R N P N n Nt n r N M g M W d 0 0 0 P P 0 oEy O b^ n= r N b YJ P P T ^ 0 0 0 O O O O O O O O O O O O O O O O O O O O O O m- V C b r h P r hD h P P N b W O P d0 Y �+ N N N-^^ O O b b P V n N C t N M N b N d ^ 0. VRi V>1 vR1 n VYi YRi O4 N R r P b W Y r O V m• O > T r r P N n M N p o W o 0 0 0 0 O o g o 0 0 0 0 0 00 O 0 C O O_ ^ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 06P N O O O O O O P„ b 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ? .� a �o ? O q o 0 0 0 0 0 0 0 0 o g o 0 0 0? o 0 0 0 0 0 0 0 O O C O O O C O O O O O O O O O O O O O O O O O O N W W P nM P b 0` NN n rm r O K Y r'1 ry P^ r b N m O P W N 11 N N N N Y vNi N^ N' N N N N n �_ N N N N N N N m„ m vWi vWi r Vmi m vWi n n O O 4 0.' _ r7 ^ 0 o pp� P d r o r b r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o e M: 9 n W N O' M P r V O O b P b N bp� 114 IZ m r N b P r „ m P m C VO'' m b r d P t1 M1 N Y h b N .� Z r N b Y„ p P b Vi N M1 T R- P, V> O P r b b r N P N r P Yb Yb+ Y vOi b P „ M P r b O M^ N r !_ n P Z b b M Oo N: P R b OC O N? b HI M M G_ T O R_ N. R R H r W C% n O M � N N P R r r w b m W R tM�f r WM VMi 'Z N f1 M M ck N N N N N N N N N N N N N N N N N N N N N N 11 As stated, the Amendment proposes to increase the tax increment unit to provide additional financial capacity to achieve the Agency's redevelopment and housing objectives. Table D-2 presents a projection of tax increment revenue, if the Amendment is adopted; the chart below summarizes the anticipated disposition of these funds. ANALYSIS OF AVAILABLE REDEVELOPMENT FUNDS AMENDED PLAN Projected Gross Tax Increment Funds: $ 1,944.8 Million 100% Disposition of Projected Revenue Housing Set -Aside Bond Debt Service Taxing Entity Payments Subtotal $ 389.0 Million 20% 58.4 Million 3% 959.7 Million 49% $ 1,407.1 Million 72% Redevelopment Funds Remaining $ 537.7 Million 28% Present Value p'7, 7% $ 103.5 Million Bonded Debt Under the Amended Plan, the Agency would have an expanded capacity to issue bonds and/or notes for any of its corporate purposes, payable in whole or in part from tax increment revenue. Historically, bonded debt has been an integral component of the Agency's financing program to eliminate blight in the Project Area. The Agency's two outstanding bond issues, the Series 1991 Tax Allocation Bonds and the Series 1994 Tax Allocation Refunding Bonds, have leveraged tax increment revenues for the purpose of constructing improvements to the flood control facilities. Total current outstanding Project bond debt is $34.8 million, $200,000 below the Existing Plan's $35.0 million limit. In order to advance the redevelopment of the Project Area, the Agency must be permitted the capability of issuing additional bonds or notes. Financial analysis of the Project's Housing and Redevelopment Fund revenue projections indicate a capacity to support a bond debt limit or $200.0 million. This limit is proposed to be embodied in the Amended Plan. 1, u,nu\prmt�-d D-4 09/15/94 Agency may sell or lease its property holdings to pay the costs of Project implementation. Participation in Development If the Agency enters into agreements with property owners, tenants, and/or other developers which provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay Project implementation costs. To date, no agreements of this nature have been executed. Other Available Sources Any other loans, grants, or financial assistance from the federal government, or any other public or private source will be utilized, as available and appropriate. The Agency will also consider use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Law to provide construction funds for appropriate projects. Where feasible and appropriate, the Agency may use assessment district and/or Mello -Roos bond financing to pay for the costs of public infrastructure, facilities, and operations. Economic Feasibility Analysis Section E details approximately $294.0 million in potential redevelopment projects and programs needed to improve the Project Area's infrastructure, public facilities, overall economic viability, and the affordable housing stock. These cost estimates are based on current 1994 dollars. Because projects will be commenced over the life of the Amended Plan, cost depletion will occur. In addition, the Agency will also incur financing expenses associated with the issuance of bonds and notes, which will be a primary mechanism to fund these programs, and costs to administer project/program implementation activities Assuming the Agency finances the r� L LJ laquinu�prerpCsatd D-5 09/15/94 nonadministrative costs through the issuance of tax allocation bonds, total project costs will increase. The table below forecasts the financing project, and administration costs. ESTIMATED PROJECT FINANCING AND ADMINISTRATION COSTS Redevelopment Project Category Housing Non -Housing TOTAL Project Costs $ 142,584,568 $ 151,405,620 $ 293,990,188 (See Exhibit E-1) Financing Costs $ 224,901,432 $ 244,944,170 $ 469,845,602 Project Administration $ - $ 60,000,000 $ 60,000,000 Total Project Costs $ 367,486,000 $ 456,349,790 $ 823,835,790 NOTES: Financing Costs based on issuance of 25-year, taz allocation bonds. Assumptions: 8.0% interest rate, 10% Cost of Issuance/Reserve Fund Housing financing costs are estimated at $224.9 million, increasing the total cost of housing projects to $367.5 million. Likewise, the Agency could incur up to $245.0 million in nonhousing interest costs, for a total cost of $456.3 million. Implementing the projects proposed by the Amendment will cost a projected $823.8 million. Project implementation, and specifically new development throughout the Project Area, will generate tax increment revenue. Tax increment revenue is generated by increases in the assessed value over and above the Project's base year assessed value, which was established in 1983. Projections of future tax increment revenue collections over the duration of the Amended Plan are presented on Table D-2. The projections assume a 6.25% annual growth rate, which is well below the average historical growth rate of 40% or greater per year, but does correspond to Project Area growth rates experienced during the past three years. D-6 09/15/94 dO P h P « P P N d? ^ b« r r W t'i O N „ b„ n n= h n« b P 4 d b m^ Q^ m O N b r M P n m P ry P „ �' H n. �^ P O N N Q h N O N P O I� O b h ? z •% N Pi ri h O vi W ^' `n O b„ O P I� ^ P M b n ri O«= „- „^ P O N « (J N N N ry m I m m d Q Q n 0 0 d O O O b- O N Q N P n N n r Y ry? « n r. r% d n O- N n N d N d n V b Q P r O n P 1« v P «„„ O V ry ry n r b N d O b n O b N P n N^ b d M O O O N « N b N« b a d N n n T d r« r h W W P d�^^ r«= O^ ^ N N N n e rl b« P� N d N N N N N N N m m m r n O S h «« N BOO r P O O O N r P? N O r n r h n N o n" - M r' ri r v r6 m v- ❑ P P P P P P P m« m« h N a P V P P P P P P ^ ry N N N N N N N N N lV N N N N N N M N h N m O O O O O O O O O O O O O O r n b m b n P r d d P n ry r b m n b M„ O« 'y d n n O« r„ r b« m O N N^ N r V« «« P q F r^ ^ N n n b« O m O d P d O `O F! P b m O P m m T N J 4c P O b N O Itm `O `O � W O" q 6 N N b b b r« 07 P 0 0 P O ry m � ✓; b b t` « O ^ t1 n ry ry O N N N N M N � b O. V r O„ `O n m n d d d n h « « n N r N a n„Yi 5 y C P d m m b P n n n P^ n O m b r. r 9 4 P b n m P O-^ N M T h- n- O- N P n ry O `O P n P Yl r^ n O N^ r n n r a ry N fbV N m« P- m n P O n O P O 4«It .O 1%n ? O lO ? b N n P b P r V b P N h ry N d O P P- N ry v ry m P m o P o„ P M x ^ N N N N N M m n n R T T n N n b b F n c, - n r«« P O O N N1 M d N= r« O- N d Yi m m m 0 0 Ju d e N n«« N ry O N^ m N r P b N N N P V j� N N N^ O O b V P b rl ✓. d N : b P„„„„� � '� N m r r r r n r n r r n r r r� „ x ry « n D u m v •en n o N « 6q n« P n ry b P P R Pm « P P m O P« ^ n d r P d P P m b V P r Q^ d N O N m h d P b P n n n d 'h+ .0 9 �^ ✓t O .D d N O O `D « m b Yi R N n- ai n N P O. « P I m= b 'o T^„ ry N- P n 5 li = N e r P m Ili ci ry fi r ry ri Ni m ri d e v r; n ri a .o a r' r o0 00 0� o c N -- e� oi a ro d r q C P O «? r r b h O? P? N O r 4 O O n n n L d n n N^ m N d P n N OC P N n P N d N O m N P N^ h m P P M 00 r^ r n PO m d h b n P? P« O r ^? O O « b m f N P O? E O fs _ 4 P O N N P 4 O Yi r -� b= ry N O n r„ d N n V- n m h b N P T 4 n r � P m b r m h o b e m n r m N o h^ e Q O O N e d P r N N b ry O P n 00 m P N O C L M Q n O O N P„ C ry OO dm„ r ^ P^^«« P b 5 m- h b« P O n O N T r -. r« O ? _ P N n O r« «« n n O « N C^^ ^ ry n � N N N m n n t'F d R Q �D O b n n m P N O O P d y O O O O O O O O O O O O O O O O O O O n n r r r r r r n r n r r r O O O O O O O O O O h r r r r O O O O O O O O O O r r r r r O^ C r r ry N N N N N N N N N N N N N N n ry r r r r r N N N W« S n„„ N N N N N N N N N m W Q M b 4 «« A x« m„ b Y„« m n n n N n n Ymi N n N CL �O N «„ N 4„ O Pm b N N h 4 Q b r n N m P P N �O m t� N 4 T m T P A Y 1 0 1'1 O r N P n M r b„ I O N r m n r O P n « N m N E E 0 m O b P n O P h b b l�« P N P? O r T I Fq. n h M e O n P« n P t� b- lV M n r 7 t ry N N n fV b P N P O P ,Q 10 O = h M r O 1'I N b r e 0 0 I OOC `b0 «P O a0 r n v m? N« n P b N r. «. Oro « P N M h T n m Yi O O b e O« to h N N Inrl r O b N P m O N ^q X u ry d O O O 4 r « P P P P P P O O O O O O O P_ P�� P P P O O O O O r O 0 0 0 0 ry 0 N N N N N 0 0 0 ry O 0 0 0 0 ry N N ry N N ry N N 0 0 0 0 0 0 0 0 0 0 N N N N N N N ry N N N N N N N • Generally, tax increment revenue is allocated to housing and nonhousing projects. The Agency intends to continue to fully fund its housing obligations, allocating 20% of the tax increment revenue to finance affordable housing programs. As indicated in the projections, it is anticipated that the Project Area will generate a cumulative total of $389.0 million in housing fund revenue over the duration of the Amended Plan. Approximately $10.8 million of this revenue will be needed to fund existing debt service commitments. After debt service, the cumulative net housing fund revenue is projected to be $378.1 million. This compares to a projected housing program cost of $367.5 million; thus, the Project would have the projected capacity to fully fund the housing programs proposed by the Amendment. The remaining 80% of the Agency's tax increment revenue constitutes the Project's nonhousing redevelopment fund. These funds are used for a variety of purposes including financing administrative and program costs, debt service costs, and taxing entity payments. Presently, the Agency is providing fiscal mitigation payments to various taxing entities with whom it has entered into agreements, including the County, the Coachella Valley Unified School District, Desert Sands Unified School District, Desert Community College District, Coachella Valley Mosquito Abatement District, and the Coachella Valley Water District. Under the Amended Plan, these taxing entities will continue to receive fiscal mitigation revenue as provided under the respective existing agreements. Section 33607.7 of the Law requires that the Agency remit further statutory payments to all other affected taxing entities which do not have an agreement with the Agency. Specifically, the Agency is required to remit a portion of its future redevelopment fund revenue to the following districts: Coachella Valley Recreation and Park District, Coachella Valley Cemetery District, Riverside County Superintendent of Schools, and the Coachella Valley Resource Conservation District. These payments would commence when the Agency achieves the $300.0 million tax increment limit embodied in the Existing Plan. �wumu'mremNen-a D-7 09/15/94 As shown on Table D-2, the cumulative gross redevelopment fund revenue to be collected by the • Agency under the Amended Plan is approximately $1.56 billion. Of this amount, a total of $58.4 million would fund existing debt service obligations, and $857.2 million would be paid to various affected taxing entities pursuant to the existing fiscal mitigation agreements. In addition, the redevelopment fund would be obligated to pay an additional $102.5 million to other affected taxing entities pursuant to the statutory payments as provided by the Law. Therefore, the net available redevelopment funds available for future nonhousing redevelopment programs, projects, and activities is approximately $537.7 million, or 28% of the gross tax increment revenue. The Amendment identifies $456.3 million of nonhousing redevelopment/economic development projects and administrative costs. Given that projected revenues exceed projected expenditures, the Agency should be able to fully fund the nonhousing projects/programs proposed by the Amendment, and have additional funds to implement additional economic development projects not envisioned at this time. Reasons for the Provisions of Tax Increment • A recent analysis of the City's General Fund revenue structure has shown that the City cannot support financing the costs of the needed public improvements. Most of the City's property taxes are allocated to the Agency; current sales tax revenue is minimal, and future revenue is largely predicated on new commercial development. Exhibit D-1 illustrates City General Fund revenue and expenditures over the past seven years. lquinv\preTt.a D-8 09/15/94 N N C E N a7 h aci W N C E y J p Q Obi W C CL C r N 4 Q Q1 C Ou O O Z Q (O > a) O U a E o W a > U a)m N C a) o = v_, a) x u c rn n W O C C lL J �-- Z \\`\i ��k, A.; \t 1 •2A3\\x \`ii` s \�\ -\�r�asZ sad ��iu\`S iF•�L?Ar `�c\ 46-E66L \�1xz\��..,, ram: �a�Er.•,.I"xam,a�,as,L\�x \��� .� ¢� `•¢ 2 E6-Z66 L L . x 1 Q \\.\R:. i D i C\`n• \12.. 2\ A3` .. 3Fr1`31 Y \ .. 313• Z6-166 L \RAC\A W2 ": Z\ i ::!`2\.Q`` �t YH`L1j�R:.:L.FD`.`. `v,x,xN\S"1".A• • -0661 y s S 1 a cc \ is Fi `:;ir\: 06-686 L L x e1ua11, Q x rlxr 3a x ar x x r1• ` •i1L kix,i�i .. 31u\wt 2 t\ \,1 m ,33`xxx, q� Lm a` `C .Z�\ 5 k: .k,:Z\ K.aw\u3xtgCi��• paV ';r ,.x 1a xs ¢x lx iaaa�r2\� 69-H96L ® LM k '3 Y .2 ! 1\ \L L 88-L86 L ' i Ek \�::k�k 1.\1.`ha�113�L`x1„2�• 0� 0 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 C'0 ti (O to V M N C CORRELATION OF PROJECT COSTS TO THE PROPOSED INCREASE IN THE TAX • INCREMENT REVENUE LIMIT The projected Project obligations for the duration of the Amended Plan are as follows: • Taxing Entity Payments $959.7 million • Housing Projects 367.5 million • Nonhousing Projects/Administration 456.4 million • Existing Debt Service Obligations 58.4 million Total $1,842.0 billion Based upon the above listed obligations, a $2.0 billion tax increment revenue limit is required in order to fund the housing and nonhousing projects proposed by the Amendment, and taxing entity obligations. El �a9utnu�prc+mbccta D-9 09/15/94 SECTION E A DESCRIPTION OF THE PROJECTS PROPOSED BY THE AGENCY One of the primary objectives of this Amendment is to expand the number and scope of public improvements of projects identified in the Existing Plan. Section 33344.5(e) of the Law requires that this Preliminary Report contain a description of the specific project or projects proposed by the Agency. This section includes such a listing, identifying the nature, location, and cost for all proposed public projects to be included in the Amended Plan. Many of these projects were implied in the authority of the Existing Plan but not clearly identified. In addition to public improvement projects, this projects list includes economic development programs specifically designed to aid in the expansion of commercial enterprise within the Village to mitigate economic maladjustment that has stagnated growth in the Project Area. In addition, as discussed earlier in this Preliminary Report, the Agency's obligation to produce 1,707 affordable housing units for very low, low, and moderate income households is also an integral part of the Amended Plan. While this projects list summarizes the types of housing programs needed, the final Report to Council required by Section 33352 of the Law will include the Agency's Five -Year Implementation Plan which will more thoroughly detail the strategies to ensure the creation of the affordable dwelling units. Implementation of the Project wilt occur gradually over the duration of the Amended Plan. For the purposes of the feasibility analysis of this Preliminary Report, project costs below are indicated in current 1994 dollars, and include direct and administrative costs. Financing costs are delineated in Section D. 1�uinu\prt .< E—I 9/14/94 EXHIBIT E-1 Amended Redevelopment Plan for the La Quinta Redevelopment Project No. 1 Public Facilities/Infrastructure Improvement Projects Required Funds Project Description (1994 Dollars) L STREET/DRAINAGE IMPROVEMENTS Project Objectives: To improve levels of service on existing roads, construct additional streets to improve circulation, and install curbs, gutters and landscaped medians to control storm drain runoff. A. Jefferson St • Avenue 52 to Avenue 54 * Rehabilitation and pavement overlay. B. Avenue 50 Orchard Ln to Jefferson St. * Rehabilitation and pavement overlay. C. Washington St.; Avenue 50 to Evacuation Channel * Widening of street and bridge; install median landscaping D. Phase VI Improvements - Village * Acquire right-of-way; install storm drains, water mains, sewer system connections, curbs, gutters, medians and landscaping; pave residential streets E. Avenue 527 Avenjda Bermudas to Desert Club Dr. * Wideing of Avenue 52; construct curbs, gutters, and landscaped medians F. Eisenhower Dr • Avenue 50 to Calle Tampico * Widen Evacuation Channel bridge at Eisenhower Dr.; construct curbs, gutters and landscaped medians G. Jefferson St Widening Fred Waring Dr. to Avenue 62 * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians H. Washington St Widening• Fred Waring Dr. to Avenue 52 * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians I. Avenue 52 Widening_ Desert lub Dr. to Monroe St. * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians J. Eisenhower Dr. Widening: Washintgon St. to Avenue 50 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians • $ 90,000 140,000 1,450,000 24,000,000 • 190,000 1,250,000 20,000,000 6,000,000 4,000,000 2,000,000 0 asa. h� vaeLaeaT xis Pm,i s Ut 9051a Page I of 5 EXHIBIT E-1 K. Avenue 50 Widening: Washington St to Madison St. * Widen to four (4) lanes; construct curbs, gutters and landscaped medians; improve bridge crossing L. Madison St. Widening; Avenue 50 to Avenue 62 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians M. Monroe St. Widening: Avenue 52 to Avenue 62 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians N. Avenue 54 Widening: Jefferson St to Monroe St * Widen to four (4) lanes; construct curbs, gutters and landscaped medians O. Median Landscaping: Eisenhower Dr. * Landscape existing median on Eisenhower Dr., between Avenue 50 and Coachella P. Median Landscaping: Washington St * Landscape existing median on Washington St., between Whitewater Storm Channel and Simon Drive Q. Coachella Canal Bridge at Avenue 52 * Widen bridge at Avenue 52, including curbs, gutters, medians and sidewalks R. Coachella Canal Bridge at Jefferson St. * Widen bridge at Jefferson St., including curbs, gutters, medians and sidewalks S. Citywide Transit Facility Improvement Program * Upgrade and expand bus shelters and construct turnouts and transfer facility TOTAL STREET/DRAINAGE IMPROVEMENTS II. STREET LIGHTING/TRAFFIC SIGNAL IMPROVEMENTS Project Objectives: To facilitate improved circulation flow and reduce traffic congestion and delays. Enhance saftey of Cove. A. Eisenhower Dr. & Avenue 52 B. Eisenhower Dr. & Calle Tampico C. D. Avenue 50 Avenue 52 & Jefferson St. & Avenida Bermudas E. Calle Tampico & Avenida Bermudas F. Avenue 52 & Washington St. G. Eisenhower Dr. & Calle Montezuma H. I. Airport Bl. Madison St. & Madison St. & Avenue 54 4,000,000 12,000,000 10,000,000 150,000 50,000 250,000 250,000 3,500,000 $ 93,320,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 RSG, Inc. PRELREPT%LS Proleds List 9115194 Page 2 of 5 EXHIBIT E-1 J. Avenue 52 & Jefferson St. K. Avenue 54 & Jefferson St. L. Street Light Installation Program * To install street lights at all intersections in the Cove M. Prepare Critical Insersection Plan * To identify specific geometric and right-of-way requirements at key intersections N. Prepare Alternative Transportation Stud * To review feasibility of various transportation options serving the Project Area TOTAL LIGHTING/SIGNAL IMPROVEMENTS III. PARK IMPROVEMENTS Project Objectives: To provide safe, attractive and well -maintained parks for the public by installing additional recreational facilities and amenities. A. Fritz Burns Park (Completion; Phases IL III & IV) * Installation ofpicnie facilities, playground equipment and basketball courts. * Renovate existing tennis courts, add new tennis courts and contruct additional open space play area * Construct tennis and community recreation building B. Bear Creek Pathway Park * Construction of rest stop areas, water amenities, picnic areas and tot play equipment. C. Yucatan Park D. Cove Community Park E. Sports Complex * Construct landscaping, volleyball courts, picnic areas and other recreational amenities F. Upper Cove Public Improvements G. Lake Cahuilla County Recreational Area * Install improvements in cooperation with the County. TOTAL PARK IMPROVEMENTS 100,000 100,000 12,000,000 J0 500,000 500,000 $ 14,100,000 $ 3,339,120 755,000 425,000 1,900,000 500,000 10,000,000 1,000,000 S 17,919,120 RSG me PRELREPT XLS Projects List 9115194 Page 3 of 5 EXHIBIT E-1 IV. CAPITAL FACILITY IMPROVEMENTS Project Objective: To develop sufficient community facilities to meet the needs of the City's residents. A. Cultural Events Centers $ 8,000,000 * Creating multi -use areas for cultural activities and events, as well as a passive open space area. These projects include landscaping, hardscape, parking, lighting, restrooms, art/water features and an ampitheater/bandstage shell. TOTAL CAPITAL FACILITY IMPROVEMENTS $ 8,000,000 V. COMMERCIAL REHABILITATION/ECONOMIC DEVELOPMENT Project Objectives: These programs will revitalize deteriorating and substandard commercial facilities, in addition to facilitating parcel assembly projects that will enhance the Village. A. Land Acquistion/Write-Down Costs $ 12,500,000 B. Downtown Parking District 66,500 * This project invloves the aquisition and improvement of parking lots to serve portions of the Village Area. C. Commercial Rehabilitation Program 5,000,000 D. Update Village Specific Plan 500,000 * Includes design guidelines and comprehensive marketing study TOTAL REIIABILITATION/ECONOMIC DEVELOPMENT $ 18,066,500 TOTAL NON -HOUSING PROJECTS $ 151,405,620 RSG, Inc.. PRELREPT %LS Projetts List 9/1554 Page 4 of 5 EXHIBIT E-1 VI. HOUSING PROGAMS Project Objectives: To increase and improve the commuity's supply of housing affordable to very low, low and moderate income households. To comply with the Agency's housing production requirements in Project Area No. 1, the Agency must ultamitely create, or cause to be created, 1,707 affordable dwelling units over the duration of the Redevelopment Plan. A. Future Housing Program Costs to meet Production Need $ 142,584,568 TOTAL HOUSING PROGRAMS $ 142,584,568 GRAND TOTAL: HOUSING & NON -HOUSING PROJECTS $ 293,990,188 C 11 PSG. Inc_ PRELREPT xis Projects List 9/15P Page 5 of 5 SECTION F A DESCRIPTION OF HOW THE PROPOSED PROJECTS WILL IMPROVE AND ALLEVIATE THE CONDITIONS CITED IN SECTION B The Agency is proposing a comprehensive community development program in the Amended Plan. The authorities and provisions of the Amended Plan have been developed to permit the Agency to enact redevelopment projects targeting the blight that persists within the Project Area. Exhibit F-1 presents a matrix summary of the blight remaining in the Project Area and the proposed program(s) to be undertaken through the Amended Plan. Traffic/Circulation System Improvements. The traffic/circulation system improvements are those that have been identified in the various studies the City has commissioned to address circulation deficiencies within the Project Area. These improvements will be designed to increase the operational capacity of the major arterials within through the addition of travel lanes, left -turn lanes, and intersection improvements. Through the construction of these various public improvements, the Agency will be effectively removing many barriers to economic growth and vitality in the City. Community Development Projects/Programs. These projects/programs are designed to address the blighted conditions by assisting private enterprise with rehabilitation and/or expansion activities, or through the acquisition of needed property. The Agency proposes to provide funds to assist in land acquisition or the construction of on -/off -site infrastructure improvements, or partially funding parking improvements. As existing residential and commercial structures age during the life of the Amended Plan, the Agency also proposes to provide assistance to facilitate the rehabilitation of these structures. Such programs enable the Agency to redevelop nonconforming and incompatible properties in a manner consistent with the General Plan. Housing/Low and Moderate Income As i tance. The expenditure of housing fund monies will assist the City in implementing the goals and programs set forth in the Agency's Housing Compliance Plan and the Housing Element of the General Plan. 1,..nub.�t�-t F-1 9/14/94 � y L U L Q rv"1 H 00 4/ C b H H H H H N N f b V 0. qpl 'y Q � ' n N '.-.. � � J pp •�•' G- N v n W� j a A'Q � N •^•'O v i � u a I N I o y ^c s 7 c > t: y „ m = y O a N 5 9 C q � u t1 E G]ti 3 = ^ u v c u y _ < Uc C N N N.60 r'nAS SSU m 11 E REPORT TO THE CITY COUNCIL FOR THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 February 14,1995 Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 (619)777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 (714) 541-4585 AUk (619)967-6462 TABLE OF CONTENTS SECTION PAGE INTRODUCTION............................................................................................................ i SECTIONA.......................................................................................................A-1 The Reasons for the Selection of the Project Area, a Description of Specific Projects Proposed, and How These Projects Will Alleviate Blight SECTIONB....................................................................................................... B-1 A Description of the Physical and Economic Conditions Existing in the Project Area Including a List of Blighting Conditions and Maps Showing Where Said Conditions Exist SECTIONC....................................................................................................... C-1 An Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures for the Next Five Years and a Description of How These Projects Will Improve or Alleviate Blighting Conditions 40 SECTION D.......................................................................................................D-1 An Explanation of Why the Elimination of Blight Cannot Be Accomplished by Private Enterprise Acting Alone, or Through Financing Alternatives Other Than Tax Increment Financing SECTIONE....................................................................................................... E-1 The Method of Financing and Economic Feasibility of the Project SECTIONF....................................................................................................... F-1 The Relocation Plan SECTIONG.......................................................................................................G-1 An Analysis of the Preliminary Plan SECTIONH.......................................................................................................H-1 The Report and Recommendation of the Planning Commission SECTIONI........................................................................................................I-1 The Report and Recommendation of the Project Area Committee SECTIONJ........................................................................................................J-1 Ank A Statement of Conformance to the City's General Plan SECTION PAGE SECTIONK.......................................................................................................K-1 The Final Environmental Impact Report SECTIONL....................................................................................................... L-1 A Statement Regarding the Report of the County Fiscal Officer SECTIONM...................................................................................................... M-1 The Neighborhood Impact Report SECTIONN.......................................................................................................N-1 A Summary of Agency Consultation With Affected Taxing Entities and a Response to Said Entities' Concerns Regarding the Amendment 1-1 11 REPORT TO THE CITY COUNCIL FOR THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 LIST OF EXHIBITS AND TABLES EXHIBIT A-1 City of La Quinta Regional Location Map EXHIBIT A-2 La Quinta Redevelopment Project Area Map TABLE E-1 Projected Tax Increment Revenues - Without Amendment TABLE E-2 Projected Tax Increment Revenues - With Amendment EXHIBIT A-3 Public Facilities/Infrastructure Improvement Projects EXHIBIT A-4 Blight Matrix AM EXHIBIT B-1 Existing Blighting Conditions Location Map 11 INTRODUCTION The Redevelopment Plan for the La Quinta Redevelopment Project (the "Existing Plan") was adopted by the City Council of the City of La Quinta, California (the "City") by Ordinance No. 43 on November 29, 1983. On December 20, 1994, the City Council adopted Ordinance No. 258 and thereby revised certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, -tt e�q, (the "Law"). The La Quinta Redevelopment Agency (the "Agency") now proposes to amend the Existing Plan by the adoption of the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Amendment"). Proceedings on the proposed Amendment were initiated by the Agency on February 15, 1994, with the approval and acceptance of the Preliminary Plan for the Amendment No. 1 to the La Quinta Redevelopment Project (the "Project"). This Report to the City Council for the Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Report"), prepared pursuant to Section 33352 of the Law, provides a summary of the reasons for the Amendment, describes conditions in the La Quinta Redevelopment Project Area (the "Project Area"), details the Agency's proposed redevelopment program, and presents other documents that are pertinent to the proposed Amendment. The Amendment, if approved, will modify the Existing Plan in order to: • Clarify and expand the public facilities and infrastructure improvements project list embodied within the Existing Plan; • Increase the amount of tax increment revenue which the Agency may receive from the Project; • Increase the limitation on the amount of bond indebtedness which may be outstanding at any one time; and Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 i Report to Council • Establish a new 12-year time frame during which the Agency may exercise the power of eminent domain. The Amendment will not increase or decrease the size of the 11,200-acre Project Area. If adopted, the Amendment would establish the amended Redevelopment Plan for the Project (the "Amended Plan") which would supersede and replace the Existing Plan, and which would guide all future redevelopment projects, programs, and activities within the Project Area. The Law provides the Agency with the authority to undertake revitalization efforts in blighted areas within the City. As defined by the Law, redevelopment includes the rehabilitation, reconstruction, and improvement of existing structures; the provision of public improvements; and the replanning or redesign of blighted properties within a project area. Sections 33450- 33458.5 of the Law permit the Agency to recommend an amendment to the Existing Plan, subject to the preparation of documents by the Agency to substantiate the need for an amendment, the convening of a joint Agency/City Council public hearing on the Amendment, and consideration and adoption of an ordinance amending the Existing Plan by the City Council. is The contents of this Report are presented in the following 14 sections which correspond to the subdivisions presented in Section 33352 of the Law: SECTION A The Reasons for the Selection of the Project Area, a Description of Specific Projects Proposed, and How These Projects Will Alleviate Blight SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area Including a List of Blighting Conditions and Maps Showing Where Said Conditions Exist SECTION C An Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures for the Next Five Years and a Description of How These Projects Will Improve or Alleviate Blighting Conditions SECTION D An Explanation of Why the Elimination of Blight Cannot be Accomplished by Private Enterprise Acting Alone, or Through Financing Alternatives Other Than Tax Increment Financing SECTION E The Method of Financing and Economic Feasibility of the Project Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 ii Report to Council SECTION F The Relocation Plan SECTION G An Analysis of the Preliminary Plan SECTION H The Report and Recommendation of the Planning Commission SECTION I The Report and Recommendation of the Project Area Committee SECTION J A Statement of Conformance to the City's General Plan SECTION K The Final Environmental Impact Report SECTION L A Statement Regarding the Report of the County Fiscal Officer SECTION M The Neighborhood Impact Report SECTION N A Summary of Agency Consultation with Affected Taxing Entities and a Response to Said Entities' Concerns Regarding the Amendment Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 iii Report to Council SECTION A The Reasons for the Selection of the Project Area, a Description of the Specific Projects Proposed, and How These Projects Will Alleviate Blight The Project Area is located within the City, Riverside County (the "County"), California. The City is approximately 20 miles southeast of the City of Palm Springs and 237 miles east of the City of Los Angeles. Incorporated in 1982, the City encompasses approximately 28 square miles of the Coachella Valley, and is adjoined by the Santa Rosa and Coral Reef Mountains to the south and west, the Cities of Indian Wells and Palm Desert to the northwest, the unincorporated community of Bermuda Dunes to the north, and the City of Indio to the east. The regional location of the City is depicted on Exhibit A-1. The Project Area is 11,200 acres in size and is generally bounded by Avenue 50 to the north, Jefferson Street to the east, Avenue 60 to the south, and the City boundaries on the west. Exhibit A-2 presents the boundaries of the Project Area, which encompass the Santa Rosa Mountains, PGA West, the Cove, and the Village of La Quinta. No territory has been added or deleted from the Project Area since it was established in November, 1983, and the Amendment does not include actions to add or delete property. Socioeconomic Profile According to a report prepared by National Decisions Systems in May, 1994, the estimated 1994 population for the City is 13,556, of which approximately 80.0%, or 10,858, reside within the Project Area. Population growth for the City and the Project Area during the 1980s was significant, with the annualized growth rates for the City and the Project Area of 26.9% and 68.4%, respectively. This compares to a County -wide annualized population growth rate for the same time period of 7.7%. Rosenow Spevacek Group, Inc. La Quina Redevelopment Agency February 14, 1995 A-1 Report to Council The table below presents a demographic profile of the County, the City, and the Project Area. As compared to the City and the County, the Project Area is characterized with a slightly greater number of persons per household and a somewhat lower median age. DEMOGRAPHIC PROFILE County of City of PROJECT Riverside La Quinta AREA NO. 1 Population Growth Rates (Annualized) 1980 - 1990 Census 7.65% 26.90% 68.39% 1990 - 1994 Estimated 4.23% 5.22% 5.64% 1994 - 1999 Projected 3.03% 4.52% 3.81% 1994 Racial Breakdown White 74.79% 78.23% 76.11% Black 6.04% 2.12% 2.35% Asian/Pacific Islander 4.05% 1.65% 1.67% Other Races 15.12% 18.00% 19.87% TOTAL 100.00% 100.00% 100.00% Hispanic • 27.90% 29.30% 31.40% 1990 Household Size Persons Per Household 2.85 2.86 3.03 1994 Age of Residents Median Age 33.87 32.44 30.01 'Hispanic figures are included in one or more of the above racial categories. Source: National Decision Systems El Rosenow Spevacek Group, Inc La Quinta Redevelopment Agency February 14, 1995 A-2 Report to Council Land Use Character Since the Existing Plan was adopted in 1983, the Project Area has undergone significant residential development. Approximately 2,000 new dwelling units have been constructed in the Cove subdivision (the "Cove"), while another 1,824 units have been developed in other locations. According to statistics compiled by the City Planning and Development Department, the current land use profile of the Project Area is as follows: LAND USE PROFILE Designation -Existing Land Use Acres % of Total Residential - Developed 2,499 - Vacant 1,257 3,756 33.5% Commercial - Developed 110 - Vacant 224 334 3.0% Office - Vacant 16 0.1% Community Facilities - Developed 20 0.2% Parks - Developed 80 - Vacant 420 500 4.5% Open Space - Mountainous 4,435 - All Other 1,611 6,046 54.0% Watercourse/Flood Control 222 2.0% Streets/Public Right -of -Way 306 2.7% 11,200 100.0% The Reasons for Selecting the Project Area At the time of adoption of the Existing Plan, the most prevalent land uses within the Project Area were commercial retail, residential, institutional, recreational, and public uses. As cited in the Report to the Council for the Existing Plan (the "1983 Report to Council'), the Project Area was characterized with a variety of blighting conditions as that term was then defined under Sections 33030, 33031, and 33032 of the Law, primarily, but not limited to: the existence of inadequate public improvements, public facilities, open spaces and utilities; the existence of lots or other Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 A-3 Report to Council areas which are subject to being submerged by water; and overall stagnant economic activity within the Project Area. Also found were conditions of dilapidated residential structures, mixed character of uses, and high crime rates. Specifically, the 1983 Report to Council indicated that redevelopment within the Project Area was needed to mitigate the following conditions: Inadequate Flood Control Facilities Historically, the entire Coachella Valley was susceptible to flash floods during intense seasonal thunderstorms. The City was no exception, as many portions of the Project Area suffered severe flood damage on a regular basis. Because of the absence of flood control facilities, much of the Project Area suffered significant physical and economic losses. Further, flood conditions severely impacted the health, safety, and welfare of Project Area's residents and businesses. Moderatelv to Heavilv Deteriorated Residential Structures Throuehout the Cove The 1983 Report to Council identified that 200 dwellings had moderate to heavy structural deterioration and had been cited for numerous violations of the City's Municipal Code. Because the cost of the rehabilitation was estimated to exceed 50% of the value of the structures, many of these units were considered candidates for demolition. Insofar as other less -deteriorated residential structures, the Agency sought redevelopment programs to assist in the reconstruction or repair of these units. Substandard Structure Design The 1983 Report to Council identified a number of specific properties within the Project Area that were developed under significantly less stringent building standards applicable prior to the City's incorporation in 1982. As a result, the structures were more susceptible to flood damage due to insufficient foundations, and were plagued with numerous safety hazards due to defective 11 Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 A-4 Report to Council and substandard electrical wiring. Because these types of design flaws represented a serious threat to the health and safety of the occupants, the Agency wished to assist in the redesign and alteration of such facilities. Mixed and Incompatible Uses A number of the residential structures within the Cove and the Village of La Quinta (the "Village") had been converted into other nonresidential type uses. In addition to the unsuitability of the buildings to house these new uses, these converted properties frequently resulted in land use compatibility conflicts with adjoining residential uses, as they did not have sufficient buffers, storage facilities, and parking to support the new commercial enterprises. Inadequate Water and Sanitation Infrastructure The Cove's water system dated back to the original development of the subdivision in the 1930s. By 1983, the water mains which served this 6,300 parcel subdivision had corroded and deteriorated. In addition to poor water quality, the water lines did not provide adequate water pressure to meet fire service requirements. Further, sewage in the Cove was disposed through septic systems, and as Cove properties flooded during heavy rains, these septic tanks overflowed or subsided as a result of ground soil failure. Sewage would then leak into the community's water system. At the time the Existing Plan was adopted, septic tank failure had become a reoccurring problem in the Cove. Inadequate Roadways/Streets Regional access to the Project Area is provided by two north -south arterials, Washington and Jefferson Streets. Avenue 52 connects the Project Area to the communities of Indio and Coachella to the east. Although the City's General Plan classified these streets as primary arterial highways, both Jefferson Street and Avenue 52 were two-lane roadways. In addition, surface streets in the Cove were also substandard. The collection of flood water resulting from Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 A-5 Report to Council the lack of curbs, gutters, storm drains, and base paving material caused numerous potholes and asphalt breakup. These conditions were further exacerbated by frequent flooding that had washed out portions of Avenida Montezuma. Stagnate Commercial Activity Within the Village In November of 1983, the City had very little commercial development within its corporate boundaries. Commercial development within the Village area was limited to 25 small commercial buildings containing restaurants and offices. As residential development occurred, commercial development did not proportionally follow in the Village. Many of the commercially designated properties in the Village were located on the 2,500 square foot parcels, and, in order to assemble a 3- to 5-acre site, a developer would be confronted with as many as a dozen different land owners. Further, the street and utility infrastructure needed to support commercial development did not exist. Given the vast amount of needed infrastructure, commercial development proposals were often not economically viable. Other Conditions The 1983 Report to Council cited a marked increase in the crime rates within the Project Area. In addition, as part of a newly incorporated city, the Project Area did not contain a sufficient amount of park and recreational space for its residents. The boundaries of the Project Area were selected based upon the existence of these blighting conditions and the need for Agency assistance in order to eradicate such conditions. As set forth in Section B of this Report, such conditions continue to persist despite the Agency's best efforts to remove such conditions. Thus, to complete the removal of blight in the Project Area for the Agency assistance is required. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 A-6 Report to Council Qr Reasons for the Amendment Since adoption of the Existing Plan, the Agency has successfully implemented various redevelopment projects that have addressed some of the aforementioned blighting conditions. A majority of the Agency's work within the Project Area has been focused on flood control improvements in and surrounding the Cove. However, additional blight mitigation efforts have been frustrated by the Existing Plan's financial and legal constraints and further action by the Agency is necessary to eliminate the aforementioned blighting conditions which continue to plague the Project Area. Therefore, to provide the Agency with the ability to engage in future redevelopment and housing efforts, the Amendment is designed to address the following issues: Inadequate Public Improvements List Pursuant to Section 33445(b) of the Law, in order for the Agency to undertake redevelopment activities which involve the construction of public improvements, such improvements must be provided for in the redevelopment plan. The Existing Plan has a vague and extremely limited listing of public improvements projects, in that the listed projects only specifically address flood control infrastructure. The text of the Existing Plan, however, includes provisions that provide a much broader authority for the Agency to construct, or cause to be constructed, public improvements within the Project Area. This authority does not correlate with the public improvements specifically listed in the Existing Plan and, thus, the Amendment is required in order to expand the public improvements list and allow the Agency to alleviate the blighting conditions present in the Project Area. The Amended Plan contains an expanded and more definitive listing of street, utility, flood control, and facility public improvements that would address the remaining blighting conditions in the Project Area. The public facility and infrastructure improvement projects proposed to be undertaken through the Amended Plan are presented at the end of this Section. The Agency intends to remove the ambiguities and vague references to projects by describing, to the greatest extent possible, the exact nature of all anticipated redevelopment projects to be implemented for Rosenow Spevacek Croup, Inc. La Quinta Redevelopment Agency February 14, 1995 A-7 Report to Council the duration of the Project. The expanded public improvements list will also serve the Agency better in its efforts to link projects to the removal of the blight, as further described in Section B of this Report, that continues to constrain the economic growth in the Project Area. Insufficient Tax Increment Revenue Limit In order to finance the cost of undertaking the broader and more explicit scope of projects which will alleviate the remaining conditions of blight, the Agency also proposes to increase the $300.0 million cumulative tax increment revenue limit contained in the Existing Plan to $2.0 billion. As described more fully in Section E of this Report, the Agency is confronted with a severe limitation on the amount of tax increment revenue it may receive. It is anticipated that the existing $300.0 million limit will be reached in fiscal year 2008-09, after which the Agency will be ineligible to receive additional tax increment revenue from this Project absent an amendment of the Existing Plan. Through fiscal year ending June 30, 1994, the Agency has received $59.6 million in tax increment revenue from the Project, leaving a $240.4 million tax increment revenue capacity. Of this amount, $116.0 million will be allocated to other taxing agencies pursuant to fiscal mitigation agreements, and $58.4 million is required to service debt service on existing Project bonds. This leaves a total tax increment capacity of $66.0 million; $48.1 million to fund housing projects and programs, and only $17.9 million to fund redevelopment/economic development projects. As presented in this Report, the Agency has identified a total of $293,990,188 in redevelopment and housing projects needed to address the remaining conditions of blight found in the Project Area. The tax increment limit contained in the Existing Plan precludes the Agency from funding these needed activities and alleviating the existing blighting conditions which continue to persist in the Project Area. 11 Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 A-8 Report to Council C Restrictive Bonded Indebtedness Limitation The Existing Plan's limit on the amount of bonded indebtedness which may be outstanding at any one time is $35 million; the Project has reached this limit. The current total outstanding indebtedness of the Project is $34.8 million, which is comprised of the Series 1991 Tax Allocation Bonds ($8.135 million) and the Series 1994 Tax Allocation Refunding Bonds ($26.665 million). As described in Section E of this Report, bond financing is an integral part of the Agency's funding mechanisms for many redevelopment projects. However, both housing and nonhousing projects proposed under the Amended Plan cannot be effectively carried out without the issuance of additional bonds. The Amendment proposes to increase the current $35.0 million limit on the Agency's ability to incur bonded indebtedness to $200.0 million. Increasing the bonded indebtedness limit is particularly necessary for the Agency to facilitate the production of housing affordable to very low, low, and moderate income households as required pursuant to Section 33413 of the Law. In accordance with Sections 33413 and 33490 of the Law, the Agency has adopted the Housing Affordability Compliance Plan which enumerates the Agency's housing production needs. As of December, 1994, the Project has an affordable housing production deficit of 366 units. Additionally, as units are constructed or substantially rehabilitated within the Project Area, the Agency is responsible for the production of a proportionate share of affordable dwelling units. It is anticipated that between 1994 and projected Project Area buildout, the Agency will be obligated to provide a total of 1,555 affordable housing units: 366 units to accommodate the current deficit, and 1,189 units to accommodate projected buildout. Such massive production requirements cannot be effectively funded with direct tax increment revenue expenditures. The current subsidies needed to achieve affordable housing costs for very low and low income households averages $65,000 per unit. Based upon the Agency's projected set -aside revenue of approximately $2.5 million per year, the Agency could only annually assist 39 units, which would preclude the Agency from achieving its affordable housing production requirements over the term of the Existing Plan. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 A-9 Report to Council Pursuant to Section 33334.2 of the Law, the Agency has established the Low and Moderate Income Housing Fund (the "Housing Fund"). The Project does generate sufficient Housing Fund revenue to support additional bond debt. However, since the Project has reached the Existing Plan's $35.0 million bonded indebtedness limit, the Agency cannot issue bonds that pledge Housing Fund revenue without increasing this limit. The issuance of housing bonds would permit the Agency to raise capital that could then be used for additional affordable housing production and which would benefit the citizens of the City, particularly those of very low, low, and moderate income. Acquisition Authority The Existing Plan permits the use of eminent domain to assist in the Agency's acquisition projects. Although it has been sparingly used, eminent domain has proven to be a necessary tool for parcel acquisition efforts, thus enabling the Agency to provide needed public improvements and stimulate economic growth and alleviate some of the blighting conditions within the Project Area. In order to initiate economic development within the Project Area's commercial locales, the Agency will need to take an active role in projects involving parcel assembly and consolidation. Many of the commercially planned parcels in the Village are situated on 2,500 square foot lots, under multiple ownership. For the private sector to develop a 3-acre site, a developer would conceivably have to negotiate land transactions with a dozen different land owners. The authority to acquire property through eminent domain, as embodied in the Existing Plan, expires in November, 1995. However, within this time frame, the Project will not generate sufficient tax increment revenue to fund projects to address the aforementioned public improvements and economic development activities and undertake activities to alleviate the conditions of blight which exist in the Project Area. The Amendment would establish a new 12- year time frame from the date of adoption of the ordinance approving the Amended Plan within Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 A-10 Report to Council Aak Wo which the Agency may employ eminent domain powers as necessary. With sufficient financial 11 resources and the option of eminent domain, the Amendment will improve the Agency's ability to consolidate parcels and actively promote economic development. A DESCRIPTION OF THE PROJECTS PROPOSED BY THE AGENCY One of the primary objectives of this Amendment is to expand the number and scope of public improvement projects identified in the Existing Plan. Section 33352(a) of the Law requires that this Report contain a description of the specific public facility and infrastructure projects proposed by the Agency. This Section includes such a listing, identifying the nature, location, and cost for all proposed public projects to be included in the Amended Plan. Many of these projects were implied in the authority of the Existing Plan but not clearly identified. In addition to public improvement projects, this projects list includes economic development programs specifically designed to aid in the expansion of commercial enterprise within the Village in order to mitigate economic maladjustment that has stagnated growth in the Project Area. In addition, as discussed earlier in this Report, the Agency's obligation to produce 1,555 affordable housing units for very low, low, and moderate income households will be an integral part of the project list in the Amended Plan. Implementation of the Project will occur gradually over the duration of the Amended Plan. For the purposes of the feasibility analysis of this Report, project costs below are indicated in current 1995 dollars, and include direct and administrative costs. Financing costs are delineated in Section E. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 A-11 Report to Council A DESCRIPTION OF HOW THE PROPOSED PROJECTS WILL ALLEVIATE BLIGHT IN THE PROJECT AREA Under the Amended Plan, the Agency is proposing to undertake a comprehensive community development program. The authorities and provisions of the Amended Plan have been developed to permit the Agency to enact redevelopment projects targeting the blight that persists within the Project Area. The blighting conditions which continue to exist in the Project Area are discussed more fully in Exhibit B of this Report. Exhibit A-4 presents a matrix summary of the blight remaining in the Project Area and the proposed program(s) to be undertaken through the Amended Plan designed to eliminate the specific blighting conditions set forth therein. Infrastructure Improvements. The traffic/circulation system improvements are those that have been identified in the various studies that the City has commissioned to address circulation deficiencies within the Project Area. These improvements will be designed to increase the operational capacity of the major arterials within the Project Area through the addition of travel lanes, left-tum lanes, and intersection improvements. The park and other public facilities listed on Exhibit A-4 will address the shortage of civic and recreational services to residents of the Project Area. Improvements to the flood control system will eliminate the susceptibility of portions of the Project Area to flood damage. Through the construction of these various public improvements, the Agency will be effectively removing many barriers to economic growth and vitality in the City and will be eliminating the blight which exists in the Project Area due to inadequate public improvements which cannot be remedied by private or governmental action without redevelopment. Communityy Development Projects/Programs. These projects/programs are designed to address the blighting conditions by assisting private enterprise with rehabilitation and/or expansion activities, or through the acquisition of needed property. The Agency proposes to provide funds to assist in land acquisition or the construction of on -/off -site infrastructure improvements, or partially funding parking improvements. As existing residential and commercial structures age, the Agency also proposes to provide assistance over the life of the Amended Plan to facilitate the rehabilitation of these structures. Such programs will enable the Agency to redevelop nonconforming and incompatible properties in a manner consistent with the General Plan. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 A-12 Report to Council 11 Housing/Low and Moderate Income Assistance. The expenditure of Housing Fund revenues will assist the City in implementing the goals and programs set forth in the Agency's Housing Compliance Plan and the Housing Element of the City's General Plan and will allow the Agency to enhance housing opportunities for very low, low, and moderate income households. Further, the proposed housing projects will eliminate blight by repairing or rehabilitating substandard or deteriorating residential structures. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 A-13 Report to Council EXHIBIT A-1 CITY OF LA QUINTA REGIONAL LOCATION MAP 11 J l; h v RIVERSIDE DESERT NOT SPRINGS 1 �/ • PALM OP@INGS LA Ou" La Quinta Redevelopment Agency REGIONAL LOCATION ROS ENOW SPE VACE K GROUF INC. EXHIBIT A-2 LA QUINTA REDEVELOPMENT PROJECT AREA MAP C'I E AVENUE50 _ AVENUE 52 Il�fi� El�flii4 . . AVENUE 5LU Ln tu- -_ THE COVE -- - z-vA�VENUE 56 - o I= a W UJ � = AVENUE 58 AVENUE 60 ------ La Quinta Redevelopment Agency REDEVELOPMENT PROJECT AREA NO. 1 ® Project Boundaries ROSENO W SPE VACEK G ROUP INC. EXHIBIT A-3 11 Redevelopment Plan for the La Quinta Redevelopment Project As Amended by Amendment No. 1 Public Facilities/Infrastructure Improvement Pro-jects Required Funds Project Description (1995 Dollars) I. STREET/DRAINAGE IMPROVEMENTS Project Objectives: To improve levels of service on existing roads, construct additional streets to improve circulation, and install curbs, gutters and landscaped medians to control storm drain runoff. A. Jefferson St.: Avenue 52 to Avenue 54 * Rehabilitation and pavement overlay. B. Avenue 50: Orchard Ln. to Jefferson St. * Rehabilitation and pavement overlay. C. Washington St.: Avenue 50 to Evacuation Channel * Widening of street and bridge; install median landscaping D. Phase VI Improvements - Village * Acquire right-of-way; install storm drains, water mains, sewer system connections, curbs, gutters, medians and landscaping pave residential streets E. Avenue 52: Avenida Bermudas to Desert Club Dr. * Wideing of Avenue 52; construct curbs, gutters, and landscaped medians F. Eisenhower Dr.: Avenue 50 to Calle Tampico * Widen Evacuation Channel bridge at Eisenhower Dr.; construct curbs, gutters and landscaped medians G. Jefferson St. Widening: Fred Waring Dr. to Avenue 62 * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians H. Washington St Widening Fred Waring Dr. to Avenue 52 * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians I. Avenue 52 Widening: Desert Club Dr. to Monroe St. * Widen to six (6) lanes with center median; construct curbs, gutters and landscaped medians J. Eisenhower Dr. Widening: Washintgon St to Avenue 50 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians $ 90,000 140,000 1,450,000 24,000,000 190,000 1,250,000 20,000,000 6,000,000 4,000,000 2,000,000 RSG, Inc., PRELREPTXLS Projects List 2/14M Page I of 5 *0011--ilk MI K. Avenue 50 Widening: Washington St. to Madison St. 4,000,000 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians; improve bridge crossing L. Madison St. Widening: Avenue 50 to Avenue 62 12,000,000 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians M. Monroe St. Widening: Avenue 52 to Avenue 62 10,000,000 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians N. Avenue 54 Widening: Jefferson St. to Monroe St. 4,000,000 * Widen to four (4) lanes; construct curbs, gutters and landscaped medians O. Median Landscaping: Eisenhower Dr. 150,000 * Landscape existing median on Eisenhower Dr., between Avenue 50 and Coachella P. Median Landscaping: Washington St. 50,000 * Landscape existing median on Washington St., between Whitewater Storm Channel and Simon Drive Q. Coachella Canal Bridge at Avenue 52 * Widen bridge at Avenue 52, including curbs, gutters, medians and sidewalks R. Coachella Canal Bridge at Jefferson St. * Widen bridge at Jefferson St., including curbs, gutters, medians and sidewalks S. Citywide Transit Facilijy Improvement Program * Upgrade and expand bus shelters and construct turnouts and transfer facility TOTAL STREET/DRAINAGE IMPROVEMENTS II. STREET LIGHTING/TRAFFIC SIGNAL IMPROVEMENTS Project Obiectives: To facilitate improved circulation flow and reduce traffic congestion and delays. Enhance saftey of Cove. A. Eisenhower Dr. & Avenue 52 B. Eisenhower Dr. & Calle Tampico C. Avenue 50 & Jefferson St. D. Avenue 52 & Avenida Bermudas E. Calle Tampico & Avenida Bermudas F. Avenue 52 & Washington St. G. Eisenhower Dr. & Calle Montezuma H. Airport Bl. & Madison St. I. Madison St. & Avenue 54 250,000 250,000 3,500,000 $ 93,320,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 11 RSG, Im, PRELREPTA S Pmje s List &14M Page 2 of 5 EXHIBIT A-3 El iu J. Avenue 52 & Jefferson St. 100,000 K. Avenue 54 & Jefferson St. 100,000 L. Street Light Installation Program 12,000,000 * To install street lights at all intersections in the Cove M. Prepare Critical Insersection Plan 500,000 * To identify specific geometric and right-of-way requirements at key intersections N. Prepare Alternative Transportation Study 500,000 * To review feasibility of various transportation options serving the Project Area TOTAL LIGHTING/SIGNAL IMPROVEMENTS $ 14,100,000 III. PARK IMPROVEMENTS Project Objectives: To provide safe, attractive and well -maintained parks for the public by installing additional recreational facilities and amenities. A. Fritz Bums Park (Completion: Phases II. III & IV) $ 3,339,120 * Installation ofpicnic facilities, playground equipment and basketball courts. * Renovate existing tennis courts, add new tennis courts and contruct additional open space play area * Construct tennis and community recreation building B. Bear Creek Pathway Park 755,000 * Construction of rest stop areas, water amenities, picnic areas and tot play equipment. C. Yucatan Park 425,000 D. Cove Community 1,900,000 E. Sports Complex 500,000 * Construct landscaping, volleyball courts, picnic areas and other recreational amenities F. Upper Cove Public Improvements 10,000,000 G. Lake Cahuilla County Recreational Area 1,000,000 * Install improvements in cooperation with the County. TOTAL PARK IMPROVEMENTS $ 17,919,120 RSG, Inc., PRELREPTXLS Projects List Z14M Page 3 of 5 EXHIBIT A-3 IV. CAPITAL FACILITY IMPROVEMENTS Project Objective: To develop sufficient community facilities to meet the needs of the City's residents. A. Cultural Events Centers * Creating multi -use areas for cultural activities and events, as well as a passive open space area. These projects include landscaping, hardscape, parking, lighting, restrooms, art/water features and an ampitheater/bandstage shell. TOTAL CAPITAL FACILITY IMPROVEMENTS V. COMMERCIAL REHABILITATION/ECONOMIC DEVELOPMENT Project Objectives: These programs will revitalize deteriorating and substandard commercial facilities, in addition to facilitating parcel assembly projects that will enhance the Village. A. Land Acquistion/Write-Down Costs B. Downtown Parking District * This project invloves the aquisition and improvement of parking lots to serve portions of the Village Area. C. Commercial Rehabilitation Program D. Update Village Specific Plan * Includes design guidelines and comprehensive marketing study TOTAL REHABILITATION/ECONOMIC DEVELOPMENT $ 8,000,000 $ 8,000,000 $ 12,500,000 40 66,500 5,000,000 500,000 $ 18,066,500 TOTAL NON -HOUSING PROJECTS $ 151,405,620 Ll RSG, Inc., PRELREP7 XLS Projects List 2114/95 Page 4 of 5 EXHIBIT A-3 VI. HOUSING PROGAMS Alk Project Objectives: To increase, improve, and preserve the community's ME supply of housing affordable to very low, low and moderate income households. To comply with the Agency's housing production requirements in Project Area No. 1, the Agency must ultamitely create, or cause to be created, approximately 1,555 affordable dwelling units over the duration of the Redevelopment Plan. A. Future Housing Program Costs to meet Production Need $ 142,584,568 'I1 TOTAL HOUSING PROGRAMS $ 142,584,568 GRAND TOTAL: HOUSING & NON -HOUSING PROJECTS $ 293,990,188 RSG, Ina, PRELREPTXLS Projects List V14M Page 5 of 5 0 E y o ° c � •° c o N o d E 'O v o0 9 u N b o c> �n >> Q Q Zv 0. V3 b9 Vi b9 6ry f U f «w w %U c d .. Ecna C T u "O ? m 2❑ o E y Y y v E o O T v O O>¢ 0 x W a N a C F> N � O o z W 0 `v E � _ E M v Q m'� 9 ttl G V tti s a N N G d a yO I. > i o E v w °F aos in co >'� > v p" .� o y iL y t v E E a 8 m 00 U E > > L) z U a` i T G v ( ^ r y O 0 y U > .j U 'E. m E " ;Q a. L > U v m 0 c N 0 y N 'O N b➢ v L aL+ Ny O G O `o a m soo > .7 co U T E O L F 00 y 04 0 w y O r a O C 6 ! G H O Q " N m G O � :Q p • E U 2 a U O �� d o m (0 � ^ O 'N ❑ Vl � s U C o 0 c c p 3 c E O o ro 0 " y `.d E d 5 ❑ w U 7 C "OJ q C o ❑ C CJ v u q a m c .y0 m 0 C N o � u E s m {Si • + a SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area Including a List of Blighting Conditions and Maps Showing Where Said Conditions Exist Under Section 33352(b), this Report must include a description of the physical and economic conditions that exist in the area that cause the Project Area to be blighted, including a list of the conditions and a map depicting where in the Project Area those conditions exist. In addition, under Section 33354.6 of the Law, as the Agency proposes to increase the limitation on the number of dollars to be allocated to the Agency under the Project, this Report must also describe and identify the remaining blight within the Project Area, identify the portion, if any, that is no longer blighted, the projects that are required to be completed to eradicate the remaining blight and the relationship between the costs of these projects and the amount of increase in the limitation on the number of dollars to be allocated to the Agency. As set forth previously, the blighting conditions which exist in the Project Area were described in the 1983 Report to Council and certain of these conditions continue to persist. The purpose of this Section is to identify those remaining blighting conditions. Since the Existing Plan was adopted in November of 1983, the Agency has undertaken various redevelopment activities that have removed blight within the Project Area. Thus far, the primary focus of the Agency's redevelopment program has focused on the inadequate flood control facilities in the Cove; the secondary focus has been the improvement of the Cove sewer system. Presently, approximately 75% of the Cove has been converted from deteriorating septic systems to the water district's sewer system. In addition, the Agency has also proactively caused the development and/or retention of housing affordable to very low, low, and moderate income households; to date 208 affordable dwelling units have been produced and reserved in the Project Area. Despite the Agency's best efforts to eradicate the blight within the Project Area, as set forth more fully herein, significant blighting conditions remain. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 B-1 Report to Council Urbanization of the Project Area 1 Under Section 33030 of the Law, a blighted area is one that is predominantly urbanized as that term is defined in Section 33320.1 of the Law. Section 33320.1 of the Law provides, however, that the requirement that a project area be predominantly urbanized applies only to a project area for which a final redevelopment plan is adopted on or after January 1, 1984 or to an area which is added to a project area by amendment on or after January 1, 1984. Because the Existing Plan was adopted on November 23, 1983, and no territory is proposed to be added to the Project Area, the urbanization requirement does not apply to this Amendment. Properties No Longer Blighted As set forth above, in light of the proposed increase on the number of dollars which can be allocated to the Agency under the Project, Section 33354.6(b) of the Law requires that this Report identify any portions of a Project Area that are no longer blighted. Approximately 2,985 acres, or 26.65%, of the area within the Project Area no longer suffer from direct blighting is conditions; these properties which no longer exhibit direct blighting influences include PGA West, the Quarry, and the Citrus Course residential subdivisions. Although the structures and infrastructure within these areas are predominantly in good condition, the blighting conditions which predominate the remainder of the Project Area have a spillover effect and a negative impact on these areas. The Amended Plan includes arterial road improvements, traffic signals, and public parks that will serve these communities and eliminate this spillover blighting effect. It should also be noted that the Agency's bond covenants for the Series 1991 and Series 1994 Project tax allocation bonds prohibit my alterations to the Project Area that would reduce the tax increment revenue base. Tax increment revenue resulting from the development of these communities is pledged for debt service on these bonds. Rosenow Spevacek Group, Inc La Quima Redevelopment Agency February 14, 1995 B-2 Report to Council Ask Sp Existing Blighting Conditions Much of the blight identified within the 1983 Report to Council continues to persist within the Project Area, particularly the existence of inadequate public improvements, public facilities, open spaces and utilities; the existence of lots which are subject to being submerged by water; and overall stagnant economic activity. The problems manifested by these blighting conditions include the continued economic maladjustment in the Village, inadequate public infrastructure serving the Project Area, and deterioration of residential dwelling units in. the Cove. All of these blighting conditions were cited within the 1983 Report to Council; yet, as discussed in this section, the Existing Plan constrains the Agency from initiating additional redevelopment projects and programs to counteract these conditions and further activity under the Amended Plan is required in order to remove such conditions. This section will describe the extent to which the blighting conditions cited in the 1983 Report to ® Council continue to persist in the Project Area. At the end of this section is a map depicting the general location of the blight in the Project Area (Exhibit B-1). u Stagnant Economic Growth in the Village Area The 96-acre Village, located in the vicinity of Calle Tampico, Desert Club Drive, Avenue 52, and Eisenhower Drive, is La Quinta's downtown. Small underutilized commercial lots pervade the Village. Within a single block area, ownership is disbursed among as many as 12 different land owners. Further, the Village lacks a contemporary and properly engineered street system, and is serviced by inadequate water and sewer systems. Private enterprise continues to show its reluctance to develop in the Village; since the Existing Plan was adopted over 11 years ago, only a 1,500 square foot pizza restaurant and a 2,665 square foot office building have been constructed. This lack of development has been attributed to many causes, including the cost associated with improving deteriorated or deficient infrastructure, and multiplicity of land ownership. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 B-3 Report to Council As indicated in Section A of this Report, since 1980, population growth in the City, particularly within the Project Area, has been substantial. Since 1983, the number of residential dwelling units within the Cove has nearly doubled to 4,000, in addition, PGA West and other residential properties north of the Village have undergone major development. However, despite this substantial development and rapid population increase, commercial development in the Village (which is the commercial area planned to service these developments) has remained stagnant. Lot configurations, i.e., lots of irregular form and shape and inadequate size for proper usefulness and development, and mixed ownership patterns in the Village cause commercial developers to look elsewhere to construct retail projects. One example of this multiple ownership pattern is a 1.38-acre block located on Avenida La Fonda. Similar to other blocks in the Village, this area was subdivided without consideration for a practical commercial use. On this particular block, which is subdivided into 16 parcels, 80.0% of the lots are 25 feet wide by 100 feet deep. Also, the lots are owned by twelve (12) different land owners, further compounding the problem. Typically, smaller lots owned by separate parties are much more costly and difficult to assemble than larger, single ownership parcels. Public infrastructure in the Village continues to be substandard as compared to other commercial districts in the City. Sewer and storm drain facilities are generally deteriorated and overutilized, and water service is inadequate. Like the Cove, a majority of the properties are serviced by septic tanks. In addition, varying street widths and confusing circulation patterns on Calle Estado and Avenida La Fonda further complicate development in this area. The infamous "triangular" intersection of Avenida La Fonda and Eisenhower Drive has consistently been the location of numerous traffic accidents. Along Calle Estado, between Desert Club Drive and Avenida Bermudas, street widths vary from 100 feet to 50 feet. The inadequate infrastructure and poorly designed public streets contribute to economic decline that is manifest in the Village. u Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 B-4 Report to Council ® In order to encourage commercial investment within the Village, the Agency must take an active roll in a comprehensive Village improvement program. These improvements include the installation of improved sewer facilities and storm drains, upgrading water service, development of a downtown parking district, widening of streets, and the addition of street lights. Further, the Agency proposes to work with property owners and developers under the Amended Redevelopment Plan to promote commercial development through lot consolidation and infrastructure cost sharing. The Amendment includes projects and programs (as outlined in Exhibit A-3 to this Report) to address the conditions cited above; outlined below is a listing of these projects and programs which are required to eradicate the blighting conditions which continue to persist in the Project Area and which are identified above: COMMERCIAL REHABILITATION/ECONOMIC DEVELOPMENT -Land Acquisition/Write-Down ® -Downtown Parking District -Commercial Rehabilitation Program -Update Village Specific Plan CAPITAL FACILITY IMPROVEMENTS -Cultural Events Centers STREET/DRAINAGE IMPROVEMENTS -Phase VI Improvements -Village -Citywide Transit Facility Improvement Program Inadequate Public Improvements One of the primary reasons the Agency originally adopted the Existing Plan and established the Project Area was to create a comprehensive program to rehabilitate and repair existing roadways, improve and widen bridges, construct flood control infrastructure, install traffic signals, and expand the park facilities. At the time the Existing Plan was adopted, much of the public ® infrastructure was substandard and operating far beyond capacity. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 B-5 Report to Council Because of its geographical location, the Project Area relies heavily on the north -south arterials of Washington Street and Jefferson Street for traffic circulation. These streets, in addition to the east -west arterial Avenue 52, constitute the core of the Project Area circulation system. According to the Circulation Element of the City's General Plan, Washington Street experiences the highest traffic volumes of any location in the City. Despite these traffic demands, much of Washington Street remains a two-lane roadway, including a half -mile segment between Avenue 50 and the La Quinta Evacuation Channel. As commuters seek alternate routes, the resulting traffic congestion on Washington Street has adversely affected other arterials as well, including Jefferson Street. Street widening projects are also required on other locally serving thoroughfares such as Eisenhower Drive. Unfortunately, due to the geological and land use constraints within the City, the construction of new roadways is not feasible. Thus, in order to accommodate existing and future traffic demands, the Agency must concentrate its endeavors on widening Eisenhower Drive and Washington Street, plus rehabilitating Jefferson Street and other primary arterials. Ultimately, buildout projections for the Project Area will require that these streets be widened further. Jefferson Street, Washington Street, and Avenue 52 are proposed to be developed as six -lane arterials with center medians. Other primary routes that will require service rehabilitation and/or widening include Avenue 50, Avenue 52, and Eisenhower Drive. Many of the critical intersections within the Project Area are not signalized, particularly intersections located in and around the Village. The lack of traffic signals has caused traffic congestion, and unsafe vehicle and pedestrian traffic conditions. The Village still lacks sufficient flood control facilities. As a result of the absence of adequate storm drains and other flood control infrastructure, this portion of the Project Area is susceptible to flood damage during periods of heavy rainfall. As population in the Project Area has grown, the City's public park facilities usage has exceeded capacity. In order to provide sufficient park space and amenities comparable to the service demands, the Agency will need to participate in a project areawide park program. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 B-6 Report to Council Aft Normally, municipalities finance these public improvements with a combination of general, road, and infrastructure funds. However, the City's respective funds cannot shoulder these costs, due to revenue deficiencies. One of the primary reasons for the Amendment is to expand the list of public facilities and infrastructure projects contained in the Existing Plan. Outlined below are projects proposed by Amendment to address the aforementioned conditions. STREET/DRAINAGE IMPROVEMENTS -Jefferson Street: Avenue 52 to Avenue 54 -Avenue 50: Orchard Lane to Jefferson Street -Washington Street: Avenue 50 to Evacuation Channel -Avenue 52: Avenida Bermudas to Desert Club Drive -Eisenhower Drive: Avenue 50 to Calle Tampico -Jefferson Street Widening: Fred Waring Drive to Avenue 62 -Washington Street Widening: Fred Waring Drive to Avenue 52 -Avenue 52 Widening: Desert Club Drive to Monroe Street -Eisenhower Drive Widening: Washington Street to Avenue 50 upMk -Avenue 50 Widening: Washington Street to Madison Street Madison Street Widening: Avenue 50 to Avenue 62 -Monroe Street Widening: Avenue 52 to Avenue 62 -Avenue 54 Widening: Jefferson Street to Monroe Street -Median Landscaping: Eisenhower Drive C -Median Landscaping: Washington Street -Widen Bridge: Coachella Canal Bridge at Avenue 52 -Widen Bridge: Coachella Canal Bridge at Jefferson Street STREET LIGHTING/TRAFFIC SIGNAL IMPROVEMENTS - Eisenhower Drive and Avenue 52 - Eisenhower Drive and Calle Tampico - Avenue 50 and Jefferson Street - Avenue 52 and Avenida Bermudas - Calle Tampico and Avenida Bermudas - Avenue 52 and Washington Street - Eisenhower Drive and Calle Montezuma - Airport Boulevard and Madison Street - Madison Street and Avenue 54 - Avenue 52 and Jefferson Street - Avenue 54 and Jefferson Street Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 B-7 Report to Council - Street Light Installation Program - Prepare Critical Intersection Plan - Prepare Alternative Transportation Study PARKIMPROVEMENTS - Fritz Burns Park (Completion: Phases II, III, and IV) - Bear Creek Pathway Park - Yucatan Park - Cove Community Park - Sports Complex - Upper Cove Public Improvements - Lake Cahuilla County Recreational Area Substandard Housing The 1983 Report to Council estimated that approximately 200 units within the Cove were either moderately or seriously dilapidated. It was estimated that the extent of this deterioration would require either major structural repair or demolition and reconstruction of the affected units in order to eliminate this blighting condition. As part of its cyclical update of the Housing Element, the City commissioned a housing condition survey to assess the existing stock of dwelling units within the City. The April 1994 survey conducted by the Planning Center found that approximately 331 dwelling units in the Cove continue to exhibit the blighting conditions set forth in the preceding paragraph and will require moderate rehabilitation. Of this total, approximately 235 homes had significant deferred maintenance, while the remaining 96 units were more seriously deteriorated; the more deteriorated units were spread throughout the Cove and were not concentrated in any one single area. In other locations, outside storage, deferred maintenance, exterior facade damage, broken windows and garage doors, and concrete breakup were prevalent. In addition to these 331 units that require rehabilitation, it was estimated that another 150 dwellings needed minor repairs. 11 Rosenow Spevacek Croup, Inc. La Quinta Redevelopment Agency February 14,1995 B-8 Report to Council Aft Or Outside of the Cove, the Planning Center survey identified substandard building conditions in a three -block area in the Project Area located between Calle Tampico, Washington Street, Avenue 52, and Desert Club Drive. On each of these three blocks are a collection of single-family, duplex, and triplex dwelling units; approximately 10, or 25%, of these dwelling units exhibited the continued existence of blighting conditions due to structural deterioration and deferred maintenance. Overall, the housing condition survey estimated that approximately 6% of the City's housing requires rehabilitation; approximately two-thirds of these units are located within the Project Area. With the adoption of the Amended Plan, the Agency could issue additional bonds to fund housing rehabilitation programs. In addition to repairing existing dwellings, the Agency also proposes to employ housing funds to finance the costs associated with the production of new affordable dwellings. Presently, based upon the number of additional dwelling units to be constructed within the Project Area over the next ten years, the Agency will need to facilitate the development of 518 dwelling units affordable to low and moderate income households. Upon 40 buildout, the number of affordable housing units to be produced is expected to reach 1,555. „J Thus, the Agency's future housing program will not only feature a comprehensive rehabilitation project, but also a viable funding mechanism to ensure the effective production of safe, new affordable dwelling units. The Amendment proposes to address the Agency's housing needs by: (1) increasing the bond indebtedness limit to provide for the issuance of bonds to fund housing production efforts, and (2) designating $142.6 million in affordable housing programs that will revitalize existing, and facilitate the development of new, units. As set forth in Section E of this Report, the proposed increase in the amount of tax increment revenue which may be allocated to the Agency is necessary to ensure that the Agency has sufficient funding to undertake the projects listed above and in Exhibit A-3 to continue to remove the blighting influences which persist in the Project Area. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 B-9 Report to Council EXHIBIT B-1 EXISTING BLIGHTING CONDITIONS LOCATION MAP SAGEBRUSH , y b S j f E li 1 I { u Y ,� � xl 1 1�• 7� OVAL A �I� it CQuMA ARR'.�AVENUE ',M Yew •mL 3�J R��ib §�${W{ Qtlw 54 is FI Y�9 ti"S[14'�C�K — 0 = W W 9 W 1 1 c b J-SF.NiA 1 1 � b"41A5 1� \I 1 4 I 1 i i i I I Project Area No. 1 EXISTING BLIGHTING CONDITIONS I� Project Area Boundaries AVENUE 60 Scattered Substandard Housing Economic Dislocation In Village Inadequate Public Improvements (excludes absence of public facilities which have yet to be located) L11 SECTION C An Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures for the Next Five Years and a Description of How These Projects Will Improve or Alleviate Blighting Conditions On December 6, 1994, by Resolution No. RA, the Agency adopted the Five -Year Implementation Plan (the "Implementation Plan") for the Project Area and the La Quinta Redevelopment Project Area No. 2 which sets forth the Agency's specific goals and objectives for both Project Areas, the anticipated programs, projects and expenditures for the next five years, and an explanation of how these goals, objectives, programs, projects, and expenditures will eliminate blight and increase and improve the supply of affordable housing. The Implementation Plan is consistent with the goals and objectives of the .Amended Plan and will guide redevelopment activities to be undertaken through the Amended Plan for the next five years. The Implementation Plan is included in this Section. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 C-1 Report to Council FIVE-YEAR IMPLEMENTATION PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT (NO. 1) AND PROJECT NO.2 .Adopted: December 6,1994 Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 (619)777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 qP Santa Ana, California 92705 (714) 541-4585 (619)967-6462 FIVE-YEAR IMPLEMENTATION PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT (NO. 1) AND PROJECT NO.2 TABLE OF CONTENTS SECTION PAGE Introduction................................................................................................,............1 Background............................................................................................................. 3 PART 1 - PROJECT NO. 1 NONHOUSING........................................................ 4 Goalsand Objectives............................................................................................. 5 BlightingConditions..............................................................................................6 FinancialResources................................................................................................ 8 NonhousingPrograms...........................................................................................9 PART 2 - PROJECT NO. 2 NONHOUSING....................................................... 12 Goalsand Objectives...........................................................................................13 BlightingConditions............................................................................................15 FinancialResources.............................................................................................17 NonhousingPrograms.........................................................................................IS PART 3 - PROJECT NOS. I AND 2 HOUSING ................................................ 24 FinancialResources..............................................................................................25 HousingPrograms................................................................................................26 EXHIBIT "1" MAP OF PROJECT AREAS APPENDIX "I" HOUSING AFFORDABILITY COMPLIANCE PLAN ,, -INTRODUCTIM This document is the Five -Year Implementation Plan (the "Implementation Plan") for the La Quinta Redevelopment Project ("Project No. 1" or "Project Area No. 1") and La Quinta Redevelopment Project No. 2 ("Project No. 2" or "Project Area No. 2") of the La Quinta Redevelopment Agency (the "Agency"). This Implementation Plan meets the requirements of Section 33490 of the California Community Redevelopment Law, Health and Safety Code Sections 33000 €{ sgA. (the "Law") which was added to the Law by the adoption of Assembly Bill 1290 ("AB 1290") in 1993, and later amended by Senate Bill 732 on September 28, 1994.1 Section 33490 of the Law requires that each redevelopment agency which enacted a redevelopment plan prior to December 31, 1993, adopt, after a noticed public hearing, an implementation plan that presents the following for each redevelopment project: specific goals and objectives; anticipated programs, projects, and related expenditures proposed to be made during the next five years; and an explanation of how the programs, projects, and related expenditures will eliminate blight within the project area(s), and will increase and improve the supply of housing affordable to very low, low, and moderate income households. Pursuant to Section 33490, an implementation plan must be adopted on or before December 31, 1994, and be updated every five years thereafter. Finally, Section 33490 provides that an agency shall hold a public hearing to review a redevelopment plan and the corresponding adopted implementation plan no earlier than two years, and no later than three years, after the implementation plan has been adopted. Pursuant to Section 33490, this Implementation Plan presents: • Agency goals and/or objectives for Project Area No. 1 and Project Area No. 2 (collectively referred to as the "Project Areas"). • Specific Agency programs (including potential projects) and/or estimated expenditures planned for the next five years. • An explanation of how these goals, objectives, projects, and expenditures will eliminate blight in the Project Areas. • An explanation of how these specific goals, objectives, projects, and expenditures will implement Sections 33334.2, 33334.4, 33334.6, and 33413 by increasing, improving, and preserving the supply of housing affordable to very low, low, and moderate income households. • Provide an explanation of how these specific goals, objectives, projects/programs, and expenditures will implement the low and moderate income housing requirements of the Law by specifically including the following: All further statutory references are to the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq., unless otherwise indicated. La Quinta Redevelopment Agency La Quinta Redevelopment Projectr December 6, 1994 1 Ftve- Year Implementation Plan INTRODUCTION is 1. An annual Housing Program for the five-year term of the Implementation Plan that provides sufficient detail to measure performance of the Housing Fund requirements which must be assessed under this Implementation Plan. 2. An enumeration of the number of housing units to be rehabilitated, assisted, price restricted, or destroyed during the term of the respective Redevelopment Plans for Project No. I and No. 2. 3. An outline of the Agency's plan for the utilization of the Low and Moderate Income Housing Fund ("Housing Fund") including annual deposits, transfer of funds, or accruals for special projects. 4. An identification of programs projects that will result in the destruction of existing affordable housing (if any), and the proposed locations for replacement housing. 5. The Agency's Ten -Year Housing Affordability Compliance Plan as required by Section 33413 and 33490(a)2 and 3 of the Law. E n U La Quinta Redevelopment Agency La Quinta Redevelopment Projects December 6, 1994 2 Five- Year Implementation Plan 0 BACKGROUND 11 The City Council of the City of La Quinta (the "City") created the Agency on July 5, 1983. Shortly thereafter, in November 1983, the Agency adopted the 11,600-acre Project No. L, which includes land designated for commercial, office, residential, retail, institutional, recreational, and public uses. Generally, Project No. l is bounded by Avenue 50 to the north, Jefferson and Madison Streets to the east, Avenue 60 to the south, and the City limit boundary on the west. Project No. I was established to redevelop and expand deficient public infrastructure and facilities, and revitalize the downtown core of the City. On May 16, 1989, the Agency established its second redevelopment project, Project No. 2. Project Area No. 2 includes commercial and residential land uses and is approximately 3,116 acres in size. Located in the northern area of the City, Project Area No. 2 is bounded by Avenue 50 to the south, Fred Waring Drive (Avenue 44) to the north, Washington Street to the west, and Jefferson Street to the east. Project Area No. 2 also includes property west of Washington Street, north of the prolongation of the future alignment of Avenue 48; property surrounding Point Happy, north of Highway 111 and west of Washington Street; and property easterly of Jefferson Street and north of Highway 111. Project No. 2 was created to provide a mechanism to remove impediments to commercial and residential development. La Quanta Redevelopment Agency La Quanta Redevelopment Projects December 6, 1994 3 Five -Pear Implementation Plan 11 PART 1 PROJECT NO. 1 NONHOUSING La Quinta Redevelopment Agency Project No. I December 6, 1994 4 Five -Year Implementation Plan GOALS AND OBJECTIVES Section 100 of the Redevelopment Plan for Project No. 1 delineates the Agency's redevelopment goals for the Project Area. "These goals, which are listed below, were employed to formulate the overall strategy for this Implementation Plan and will serve as a guide for the Agency's activities during the next five years. • Eliminate Blight: 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. • Remove Impediments to Development: 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. • Coordinate Future Development Activities: Encourage and provide for the orderly and proper development of undeveloped portions of the City in accordance with the Redevelopment Plan, and local codes and ordinances. • Promote Economic Growth: Promote the physical, social, and economic well being of the Project Area, the City of La Quinta, and its citizens. • Expand EmplQyment Opportunities: Promote the development of local job opportunities; whenever possible, give preferences to business concerns either located within or owned by persons residing in the Project Area, pursuant to Resolution No. RA93-12. • Diver i Economic Base: Provide for increased sales, business license, hotel occupancy, and other fees and taxes to the City of La Quinta. • Increase and Improve the o m=jly's Supply of Affordable Housing. Provide for low and moderate income housing opportunities as is required to satisfy the needs and desires of various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State law. La Qulnta Redevelopment Agency Project No. I December 6, 1994 5 Ftve- Year Implementation Plan CONDITIONSBLIGHTING Project No. 1 was established to address the conditions of blight as that term was defined by the Law at the time Project No. 1 was adopted. Sections 33030 and 33031 of the Law currently define physical and economic blight as: • UmafeMapidated/Deteriorated Buildings. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. • Physical Conditions that Limit the Economic Viability and Use of r ts/Rnildinogs. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. • Incompatible Uses. Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area. • Lots of Irregular Shape. Inadequate i g. and Under Multiple Ownership. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. • Inadequate Public Infrastructure/Facilities. The existence of inadequate public improvements, parking facilities, open space, or utilities.2 • Depreciated/Stagnant PrQWM Values Impaired Investments. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). • Lieh_Business Tumovers and Vacancies/Low Lease Rates/Ahandnned R ildinns/Vnrnnt UU. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. t At the time Project No. 1 was adopted, Section 33032 of the Law (which was repealed by AB1290) provided that a blighted area was one which was characterized by, among other things: The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. In addition, under Section 33030(c), a blighted area is also currently defined as one that contains the conditions set forth in Section 33030(b) and is characterized by the existence of inadequate public improvements, parking facilities, or both. La Quinra Redevelopment Agency Project No. I December 6, 1994 6 Five -Year Implementation Plan 11 BLIGHTING CONDITIONS • Lack of Commercial Facilities. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, banks, and other lending institutions. • Residential Overcrowding/Excess Bars. LiquQr Stores. Adult Businesses. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. o Hieh Crime Rates. A high crime rate that constitutes a serious threat to the public safety and welfare. The specific programs and projects contained in this Implementation Plan are designed to eliminate the conditions of blight which existed at the time Project No. 1 was adopted and which persist despite the Agency's best efforts to eliminate such conditions. As will be illustrated in the following discussion, the existence of blight as that term is currently defined will also be eliminated. Generally, the conditions of blight present within Project Area No. I are a result of inadequate public improvements and infrastructure. Flood control, sewer, and circulation problems plague much of Project Area No. 1. Additionally, Project Area No. 1 includes a stagnating downtown commercial core (the "Village") that suffers from inadequate lot sizes and configurations that discourage development. Since its adoption in 1983, the Agency has constructed many improvements to the flood control system, but insufficient roads and other public improvement problems continue to inhibit economic growth in the community. La Qulnta Redevelopment Agency Project No. I December 6, 1994 7 Five -Year Implementation Plan FINANCIAL RESOURCES A The following table presents the nonhousing revenues the Agency may have available over the next five (5) years to fund Implementation Plan activities. The projections are based on a 3.5% annual increase in secured and unsecured assessed values over the five (5) year period. Outlined in the tables are projected tax increment receipts, taxing entity's fiscal mitigation payments, loan and debt service payments, and projected Agency administration costs. Funds available to implement future programs are identified as the remaining funds net of these operation and debt service obligations. The table also reports available fund balances as of June 30, 1994. 16, 1,204, 5 Year 1994-93 1995-96 1996-97 1997-98 1998-99 Total NON -HOUSING - 1176,494) 82,997 131,112 0 0 Tax Increment Revenue (Net) 9,313,416 9,690,786 10,081,363 10,485,611 10,904,007 30,475,183 Interest Earnings 64,400 64,400 64,400 64,400 64,400 322,000 City Advances 0 0 0 0 0 0 TOTAL 9,377,816 9,755,186 10,145,763 10,550,011 10,968,407 50,797,18I TOTAL AVAILABLE FUNDS 9,201,322 9,838,183 10,276,875 10,550,011 10,968,407 Operatturis & Deb! -v Gostc"i-E Debt Service 1,895,872 2,602,540 2,867,139 2,869,100 2,862,853 13,097,504 Taxing Entity Payments/Co. Charges 5,704,450 5,777,938 6,082,482 6,563,628 6,221,073 30,349,570 Educational Revenue Augmentation 511,900 511,900 511,900 511,900 511,900 2,559,500 Administration 6 Overhead 783,358 814,692 847,280 881,171 916,418 4,242,920 TOTAL 8,895,579 9,707,070 10,308,801 10,825,799 10,512,24 550,249,494 FUNDS AVAIL. FOR PROJECTS 303,743 131,112 (31,925) (273,789) 456,163 Cove Improvements - Phase V 132,746 0 0 0 0 132,746 Village Shopping Or. Traffic Signals 90,000 0 60,000 0 0 150,000 TOTAL 222,746 0 60,000 0 _ 0 282,746 82,997 131,112 (91,925) (275,789) 456,163 r �J La Qulnta Redevelopment Agency Project No. I December 6, 1994 8 Five -Year Implementation Plan The following section identifies the Agency's proposed nonhousing community development programs for Project No. 1, using the anticipated bond proceeds and/or other Agency and non - Agency revenues forecasted in the previous section. In the event that revenues and expenditures differ from these estimates, the Agency's nonhousing program may be altered, to the extent of undertaking additional projects cited in the Redevelopment Plan to eliminate blight in the community. • Cove Improvements - Phase V • Village Shopping Centers Traffic Signals La Quinta Redevelopment Agency Project No. I December 6, 1994 9 Five -Year Implementation Plan NONHOUSING PROGRAMS COVE IMPROVEMENTS - PHASE V This project involves the construction of storm drains, replacement of existing water mains, new sewer system connection, right-of-way acquisition, widening of Avenida Bermudes and Eisenhower Drive, and installation of curbs, gutters, and sidewalks. Phase V addresses the lower Cove area, between Calle Tampico and Cal le Durango. FIVE YEAR PLAN gJ1YITIES ,.y The Agency will fund the balance of this project in 1994-95. The total cost of Phase V is approximately $8.4 million, of which $5.0 million is to be funded from Agency bond proceeds. Most of the Agency's funding obligation was funded in 1993- 94; the remaining $132,746 will be funded in 1994-95. This project is currently under way and will be completed in 1994-95. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Remove Impediments to Development Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 December 6, 1994 to Five -Year Implementation Plan NONHOUSING PROGRAMS VILLAGE SHOPPING CENTER TRAFFIC SIGNALS Pursuant to an owner participation agreement with the Koenig Companies, the Agency will fund the developer's share of the installation of 3 traffic signals at the La Quinta Village (Ralph's) Shopping Center. In 1994-95, the Agency will fund traffic signals located at Calle Tampico and Washington Street, and Washington Street, north of Calle Tampico. In 1996-97, the traffic signal to be located on Calle Tampico, west of Washington Street, should be installed. The total cost of each traffic signal is $120,000. The Agency will pay for 251i6 of this cost of the Calle Tampico/Washington Street signal, and 50% of the other two traffic signals with bond proceeds. The balance of these costs will be paid from the City's Infrastructure Fund. The traffic signal at Calle Tampico and Washington was installed in 1993; the Washington Street signal will be installed at the completion of the La Quinta Village Shopping Center in early 1995. The third traffic signal on Calle Tampico could be installed in 1997. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Remove Impediments to Development Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of Is blighting conditions. • Inadequate Public Infrastructure/Facilities • Lack of Commercial Facilities La Quinta Redevelopment Agency s Project No. I December 6, 1994 11 Five- Year Implementation Plan PART 2 PROJECT NO, 2 N®NHOUSING La Quinta Redevelopment Agency a Project No. 1 December 6, 1994 12 Five -Year Implementation Plan Section 400 of the Redevelopment Plan for Project No. 2 delineates the Agency's redevelopment goals for the Project Area. These goals, which are listed below, were employed to formulate the overall strategy for this Implementation Plan and will serve as a guide for the Agency's activities during the next five years. • Eliminate Blight: Remedy, remove, and prevent physical blight and economic obsolescence in the Project Area through implementation of the Plan. • Diversi • Economic Base: Expand the commercial base of the community. • Encourage Stakeholder Participation: Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Upgrade Urban Design Standards: Upgrade the general aesthetics of the commercial enterprises to improve their economic viability. • Expansion of Businesses: Provide for the expansion, renovation, and relocation of businesses within the Project Area to enhance their economic viability; whenever possible, give preferences to business concerns either located within or owned by persons residing in the Project Area, pursuant to Resolution No. RA93-12. • Invest in Infrastructure: Improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. • Expand Developable Land: Recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. • Improve Traffic Circulation: Address inadequate street improvements and roads that vary in width and degree of improvement as they cross the Project Area. • Correct Drainage ystem Deficiencies: 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. • Assemble and Consolidate Underutilized Land: Address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. • Remedy Values: Remedy depreciating property values and impaired investments. La Quinta Redevelopment Agency Project No. 2 December 6, 1994 13 Five -Year Implementation Plan COALS AND OBJECTIVES • Provide for Economic Growth: Provide opportunities and mechanisms to increase sales tax, business license tax, and other revenues to the City. Increase and Improve the Community's Supply of Affordable Hou ing. Provide for low and moderate income housing opportunities as is required to satisfy the needs and desires of various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State law. 11 La Quinta Redevelopment Agency Project No. 2 December 6, 1994 14 Five -Year Implementation Plan CONDITIONSBLIGHTING Project No. 2 was established to address conditions of blight as that term was defined by the Law at the time Project No. 2 was adopted. Sections 33030 and 33031 of the Law currently define physical and economic blight as: • Unsafe/Dilapidated/Deteriorated Buildings. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. • Physical Conditions that Limit the Economic Viability and Use of-I.ots/Buildings. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design., inadequate size given present standards and market conditions, lack of parking, or other similar factors. • hxomoatible Uses. Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area. • Lots of Irregular Shalx Inadequate Size. and Under Multiple Ow_ nershiq. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. • Inadequate Public Infrastructure/Facilities. The existence of inadequate public improvements, parking facilities, open space, or utilities.3 • Depreciated/Stagnant Prol&M Values* Impaired Investments. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). • High Business Turnovers and Vacancies/Low Lease Rates/Abandoned Buildings/Vacant L.QU. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. 3 At the time Project No. I was adopted, Section 33032 of the Law (which was repeated by AB 1290) provided that a blighted area was one which was characterized by, among other things: The existence of inadequate public improvements, public facilities, open spaces, and utilitieswhich cannot be remedied by private or governmental action without redevelopment. In addition, under Section 33030(c), a blighted area is also currently defined as one that contains the conditions set forth in Section 33030(b) and is characterized by the existence of inadequate public improvements, parking; facilities, or both. La Quinta Redevelopment Agency ProJect No. 2 December 6, 1994 15 Five -Year Implementation Plan BLIGHTING CONDITIONS • • Lack of Commercial Facilities. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, banks, and other lending institutions. • Residential Overcrowd inaxcess Bars Liquor Stores. Adult Businesses. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. • High Crime Rates. A high crime rate that constitutes a serious threat to the public safety and welfare. The specific programs and projects contained in this Implementation Plan are designed to eliminate the conditions of blight which existed at the time Project No. 2 was adopted and which persist despite the Agency's best efforts to eliminate such conditions. As will be illustrated in the following discussion, the existence of blight as that term is currently defined will also be eliminated. Project Area No. 2 suffers from economic dislocation and stagnating development despite the availability of large parcels of vacant land. These problems were brought on by a lack of effective flood control facilities, underdeveloped circulation systems and poorly configured lots that discourage private sector investment. The comparatively rapid growth of adjacent communities without these problems is evidence of how these conditions inhibit growth. The Redevelopment Plan for Project No. 2 sets forth a comprehensive infrastructure and community development program to eliminate inadequate public improvements and economic blight. Accordingly, this Implementation Plan incorporates these objectives, projects, and programs to address blight in Project Area No. 2. u La Quinta Redevelopment Agency Project No. 2 December 6, 1994 16 Five -Year Implementation Plan FINANCIAL RESOURCES The following table presents the nonhousing revenues the Agency may have available over the next five (5) years to fund Implementation Plan activities in Project Area No. 2. The projections are based on a 5.0% annual increase in secured and unsecured assessed values. Outlined in the tables are projected tax increment receipts, taxing entity's fiscal mitigation payments, debt service payments, and projected Agency administration costs. Funds available to implement future programs are indicated as the remaining funds net of these operation and debt service obligations. The table also identifies available fund balances as of June 30, 1994. PROJECT NO. 2 1994-95 NON-H Begmoirig""CashBatantel ,Tx_„aJ,,, ;:; r 5 Year 1995-96 1996-97 1997-98 1998-99 Total 2,706,382 1,920,116 632,273 103,632 Tax Increment Revenue lNet) 1,947,954 2,083,425 2,225,669 2,375,026 2,531,1150 11,163,924 Interest Earnings 84,100 84,100 84,100 84,100 84,100 420,500 Escrow Release Proceeds 362,919 87,087 0 0 0 450.006 973 2,254,612 2,309,769 2,459,12 22,615,950 TOTAL AVAILABLE FUNDS 6,277,080 4,960,994 4,229,885 3,091,398 2,719,582 •. , r r Deb Service 470,658 491,233 500,368 498,597 505,936 2,466,792 Taxing Entity Payments/Co. Charges 981,311 1,437,172 1,535,294 1,638,322 1,746,502 7,338,602 Land Acquistion Loan 777,062 0 0 0 0 777,062 Educational Revenue Augmentation 39,135 39,135 39,135 39,135 39,135 195,675 Repayments of Advances 432,180 0 0 0 0 432,180 Administration 6 Overhead 397,873 413,788 430,339 447,553 465,455 2,155,009 TOTAL 310981219 2,381,328 2,505,137 2,623,607 2,75;7027 13,365,319 FUNDS AVAIL. FOR PROJECTS 3,178,861 2,579,666 1,724,748 467,791 (37,445) lam ;M TDGHighway I II Improvements 0 364,159 1,092,476 364,159 0 1,820,793 Adams Street Widening 157,479 0 0 0 0 157,479 Washington Street Widening 0 295,391 0 0 0 295,391 Dune Palms Road Improvements 19,500 0 0 0 0 19,50o Fred Waring Improvements 55,500 0 0 0 0 55,500 Fred Waring/Adams Signal 120,000 0 0 0 0 120,000 Dune Pdlms/Miles Signal 120,000 0 0 0 0 120,000 TOTAL 472,179 659,550 1,092,476 364,159 _ 0 2'588,663 2,706,382 1,920,116 632,273 103,632 (37,445) Lo Qulnta Redevelopment Agency �® Project No. 2 December 6, 1994 17 Five -Year Iny7lementation Plan The following section identifies the Agency's proposed nonhousing community development programs, using the anticipated bond proceeds and/or other Agency and non -Agency revenues forecasted in the previous section. In the event that revenues and expenditures differ from these estimates, the Agency's nonhousing program may be altered, to the extent of undertaking additional projects cited in the Redevelopment Plan to eliminate blight in the community. • TDC/Highway I I I Improvements • Adams Street Widening • Washington Street Widening s Dune Palms Road Improvements • Fred Waring Improvements CJ La Quinta Redevelopment Agency Project No. 1 December 6, 1994 18 five -Year Implementation Plan Pursuant to an owner participation agreement with TDC, the Agency is responsible for funding certain on- and off -site improvements pertaining to a 59.2-acre retail commercial development on Highway 111. The Agency's assistance is necessary to facilitate the completion of the 600,000 square foot center. The Agency will fund these improvements during the next five years. The total Agency obligation under the agreement is approximately $3.7 milli,on. The Agency has expended approximately $1.9 million at 1992 Bond Proceeds to date. During the next five years, the Agency will use the remaining $1.8 million of bond proceeds attributed to this project to complete the on- and off -site improvements. Given appropriate market conditions, Highway I I I development and associated improvements should be completed by 1997-98. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Diversify Economic Base • Encourage Stakeholder Participation • Upgrade Urban Design Standards • Invest in Infrastructure Completion of this project will address the following conditions of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities • Lack of Commercial Facilities La Quinta Redevelopment Agency o Project No. 2 December 6, 1994 19 Five -Year Implementation Plan NONHOUSING PROGRAMS .PROGRAM/PROJECT ADAMS STREET WIDENING This project will widen Adams Street between Avenue 47 and Highway 111. Included in this widening project are the construction of one lane in each direction, retaining walls, street lighting, and modifications to the existing traffic signal at Highway 111. FIVE YEAR,PLAN ACTIVITIES�e, This project will be funded in 1994-95. EXPENDITURES h�.' , _ vsr IT aK.%1%is _ The total budget for this project is approximately $170,000. The source of funding is Agency bond proceeds. C This project will be designed and constructed in 1994-95. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: Eliminate Blight Invest in Infrastructure Improve Traffic Circulation Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. Inadequate Public Infrastructure/Facilities 11 La Quinta Redevelopment Agency Project No. 1 December 6, 1994 20 Five- Year Implementation Plan NONHOUSING PROGRAMS WASHINGTON STREET WIDENING To better accommodate existing traffic flows, this project will widen Washington Street between Highway I I I and Simon Drive. Improvements included in this project are medians, street lighting modifications, new storm drains, and traffic signal modifications at Washington Street and Highway 111. This project will be completely funded in 1995-96. jEXPENDITIJRES tip;' The total hard and soft costs for this widening are $1.2 million. The Agency is responsible for contributing approximately $400,000, of which $295,391 remains to be funded. The Agency expects this widening to be completed in 1995-96. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Invest in Infrastructure • Improve Traffic Circulation Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. o Inadequate Public Improvements La Quinta Redevelopment Agency Project No. 1 December 6, 1994 21 Five -Year Implementation Plan NONHOUSING PROGRAMS 0 DUNE PALMS ROAD IMPROVEMENTS This project will reconstruct and widen the dry river crossing at the Whitewater Channel. The project will be funded by the Agency either in 1994-95 or 1995-96. The total cost of this improvement is $62,500, of which the Agency will fund $19,500 during the next five years. This project should be completed in 1995. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Invest in Infrastructure • Improve Traffic Circulation Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Improvements 11 La Quinra Redevelopment Agency Project No. 2 December 6, 1994 22 Five- Year Implementation Plan 40 NONHOUSING PROGRAMS 11 PR;OG'RAM/PROJ�W FRED WARING IMPROVEMENTS This project involves limited widening and restriping of westbound Fred Waring, between Galaxy Way and Washington Street. The Agency and the County will cooperatively fund these improvements in 1994-95, The total project budget is $105,500, of which $50,000 will be funded by the Coachella Valley Association of Governments. During 1994-95, the Agency will contribute $55,500 of 1992 Bond proceeds to this project. This project will be completed in 1994-95. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Invest in Infrastructure • Improve Traffic Circulation Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Improvements La Quinta Redevelopment Agency Pro)ect No. 1 December 6, 1994 23 Five -Year Implementation Plan 11 PART 3 PROJECT NOS. 1 AND 2 HOUSING La Quinta Redevelopment Agency Project Nos I and 1 December 6, 1994 24 Five -Year Implementation Plan The following table presents the housing revenues the Agency may have available over the next five (5) years to fund Implementation Plan activities in Project Areas Nos. l and 2. The annual increases in secured and unsecured assessed values are 3.5% and 5.0% for Project No. t and Project No. 2, respectively. Outlined in the tables are projected tax increment receipts, debt service payments, and projected Agency administration costs. Funds available to implement future programs are indicated as the remaining funds net of these operation and debt service obligations. The table also identifies available fund balances as of June 30, 1994. PROJECT NOS. 1 AND 2 5 Year 1994-95 1995-96 1996-97 1997-98 1998-99 Total HOUSING 3,132,186 2,060,450 5,125,846 6,748,620 8,479,649 Tax Increment Revenue 2,815,343 2,943,553 3,076,758 3,215,159 3,338,964 15,409,777 Land Sale Proceeds 994,500 1,266,724 0 0 0 2,261,224 Home Sale Proceeds 0 186,000 0 0 0 186,000 Interest and Reimbursements 188,800 136,100 136,100 136,100 136,100 733,200 TOTAL 3,998,643 4,532,377 3,212,858 3,351,259 3,495,064 18,590,201 TOTAL AVAILABLE FUNDS 7,130,829 6,592,526 8,338,704 10,099,879 11,974,713 Debt Service 265,612 426,718 486,523 486,927 485,686 2,151,466 ERAF Loan to Project No. 1 0 0 0 0 0 0 Land Acquistion Loan 582,603 0 0 0 0 582,603 Administration 3 Overhead 687,464 714,963 743,561 773,3014 804,236 3,723,527 TOTAL 1,5350679 1,141,680 1,230,084 10260,231 1,289,922 6,457,5% FUNDS AVAIL. FOR PROJECTS 5,593,150 5,450,846 7,108,620 8,839,649 10,684,791 Projedl &11Prdgranis'Costs ; ",* i, Williams Development Projects 3,000,000 0 0 0 0 3,000,000 Coachella Valley Land: Rentals 100,000 100,000 100,000 100,000 5,071,615 5,471,61S Coachella Valley Land: For -Sale 35,000 35,000 70,000 70,000 0 210,000 Assessment Subsidy Program 190,000 190,000 190,000 190,000 190,000 950,000 Building Horizons 210,000 0 0 0 0 210,000 TOTAL 3,535,000 325,000 36Q000 360,000 5,261,615 9,941,615 2,060,150 5,125,846 6,748,620 8,479,649 5,423,176 La Qulnta Redevelopment Agency Project Nos. I and 2 December 6, 1994 25 Five -Year Implementation Plan Contingent upon the level of housing set -aside revenues, the Agency is proposing to embark on an aggressive housing program, in conformance to the attached Housing Affordability Compliance Plan required by Section 33413(b)(4) and 33490(c)(2) and (3). This section describes the Agency's approved housing projects envisioned for the next five (5)years. In the event that actual revenues and expenditures differ from these estimates, or additional projects are proposed, the Agency's housing program may be altered in accordance with the Housing Affordability Compliance Plan. • Williams Development Senior and Single -Family Projects • Coachella Valley Land Programs • Assessment Subsidy Programs • Building Horizons A La Quinta Redevelopment Agency Project Nos. 1 and 1 December 6, 1994 26 Five -Year Implementation Plan HOUSING PROGRAMS WILLIAMS DEVELOPMENT Pursuant to a disposition and development agreement executed with the Agency in July 1994, and amended in September 1994, the E.G. Williams Development Corporation will construct 60 for -sale single-family units and a 91-unit senior rental multifamily complex, in addition to other improvements. Of the 60 single-family units, 10 will be made affordable to very low income households, 10 to low income, and 40 to moderate income. All 91 units of the senior rental component of this project will be affordable to very low income households. This project also includes a 5-acre detention basin, which will channel storm water runoff to flood control facilities. FIDE YEAR PLAN'ACTI�ITIES . In 1992-94, the Agency funded acquisition of the site. The balance of Agency assistance will be funded in 1994-95. Aft Total project costs are approximately $14.8 million, of which $3.5 million of Agency tax increment revenues will assist land acquisition and on- and off -site improvements. In 1993-94, the Agency funded land acquisition costs in the amount of $500,000, leaving $3.0 million to be funded in 1994-95 for on- and off -site improvement assistance. Construction of the senior apartments, single-family development, and detention basin started in 1994. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: Increase and Improve the Community's Supply of Affordable Housing Remove Impediments to Development Not applicable. La Quinta Redevelopment Agency Project Nos I and 2 December 6, 1994 27 Five -Year Implementation Plan � ! HOUSING PROGRAMS PROGRAIN/PROJECT COACHELLA VALLEY LAND PROGRAMS The Agency and Coachella Valley Land (CVL) have entered into two affordable housing agreements to achieve 50 rental and 30 for -sale affordable dwelling units. The 50 rental units are restricted for very low income households, while the 30 for -sale units are reserved for moderate households. FIVEvYARPLAN AGTIVITIES,-` Under the agreements, CVL is to provide 30 for -sale units with long-term affordability covenants. It is anticipated that these units will be sold within the next five years. The rental subsidies on the 50 units run through 1999, after which the Agency may either choose to end the subsidy and release the units, or purchase the units and record long-term affordability covenants. }EXPENDITURES k' The units involved in this program have already been constructed. Agency assistance in the • project involves: 1) mortgage writedown amounting to $210,000 for the for -sale units, 2) a $1,000,000 loan contribution towards the rental units, and 3) subsidies towards any monthly maintenance expense shortfall up to $100,000 for the rental units. At the end of the five-year terms of these rental agreements in 1999, it is assumed the Agency will exercise its option and purchase the 50 rental units for approximately $4.2 million. The for -sale units, with the long-term affordability covenants, are an integral part of the Agency's affordable housing production program described in the Housing Affordability Compliance Plan, incorporated herein as Appendix 1. As such, these units are needed and expected to be produced in the next five years. Completion of this project will achieve the following objective which is defined in detail in the Goals and Objectives section of this Implementation Plan: Increase and Improve the Community's Supply of Affordable Housing Not applicable. La Quanta Redevelopment Agency Project Nos. I and 2 December 6, 1994 28 Five -Year Implementation Plan HOUSING PROGRAMS m® ASSESSMENT SUBSIDY PROGRAMS This ongoing program assists eligible low and moderate income households with special assessments levied by the City to fund a comprehensive street improvement program, including sewer line installation in the Cove. The Agency subsidizes property owner assessment payments and sewer connection costs. f "' YEAR PL�AN;ACT11!ITIES The Agency will continue to provide additional subsidies to eligible owner and renter households, and administer and monitor this program. Based on historical trends, this program costs approximately $190,000 annually to subsidize 40 and administer. 11 This is an ongoing program predicated on the availability of funds. Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Implementation Plan: La Quinta Redevelopment Agency Project Nos. I and 1 December 6, 1994 29 Five -Year Implementation Plan HOUSING PROGRAMS PROGRAM/PRO)ECTr BUILDING HORIZONS In September 1994, the Agency entered into a disposition and development agreement with this nonprofit developer to construct 2 single-family homes in conjunction with a home building training program involving junior and senior high school students. These units would be affordable to moderate income households. FIVE YEARTLAN: CT1Y1T1E-K-' The Agency will fund land acquisition and provide a construction loan in 1994-95. Agency assistance towards the acquisition of the site is $40,000, and another $170,000 no - interest construction loan will be funded by the Agency. Of these amounts, it is anticipated that $186,000 will be repaid by the sale of these dwellings. The remaining $24,000 will be converted into silent second trust deeds carrying the affordability covenants. The total net cost of this project is estimated at $34,500, including the $24,000 second trust deed assistance and another $10,500 in lost interest earnings on the no -interest construction loan. These two units are expected to be under construction in 1994-95 and will be ready for occupancy in 1995-96. Completion of this project will achieve the following objective which is defined in detail in the Goals and Objectives section of this Implementation Plan: ® Increase and Improve the Community's Supply of Affordable Housing Not applicable. La Quinta Redevelopment Agency Project Nos. 1 and 2 December 6, 1994 30 Five -Year Implementation Plan 11 EXHIBIT "I" Map of Project Areas LA QUINTA REDEVELOPMENT AGENCY Redevelopment Project Areas Project Area Boundaries s om erz NORTH AVENUE 44 HIGHWAY l l j j Bill unnnnnn11 AVENUE 50 AVENUE 52 Existing Project Area No. 2 Existing Project Area No. 1 AVENUE 54 map a~ AVFNI IF .SA AVENUE 60 APPENDIX "I" Housing Affordability Compliance Plan Lj] El LA QUINTA REDEVELOPMENT AGENCY HOUSING AFFORDABILITY COMPLIANCE PLAN (AB315 Housing Plan) Adopted: December 6, 1994 Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 (619)777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 (714)541-4585 (619) 967-6462 LA QUINTA REDEVELOPMENT AGENCY MW HOUSING AFFORDABILITY COMPLIANCE PLAN (AB 315 HOUSING PLAN) Health and Safety Code Section 33413(b)(4) SECTION I. INTRODUCTION This document is the Housing Affordability Compliance Plan (the "Compliance Plan") for Redevelopment Project No. 1 and Redevelopment Project No. 2 of the La Quinta Redevelopment Agency (the "Agency"). This Compliance Plan has been prepared to meet the requirements of Section 33413(b)(4) of the California Community Redevelopment Law, Health and Safety Code Section 33000, etetseg. (the "Law"). All further statutory references are to the Community Redevelopment Law, California Health and Safety Code Sections 33000, et sea., unless otherwise indicated. Section 33413(b)(4) was added to the Law by the adoption of Assembly Bill 315 ("AB 315") in 1991, and was amended, along with other provisions of Section 33413, by the Community Redevelopment Law Reform Act of 1993/Assembly Bill 1290 ("AB 1290") in 1993, and by Senate Bill 732 ("SB 732") in 1994. As amended by AB 1290 and SB 732, Section 33413(b)(4) requires that this Compliance Plan include the elements set forth in Section 33490(a)(2) and (3) and be adopted by the Agency prior to December 31, 1994, as part of the implementation plan required by Section 33490 of the Law. Pursuant to the requirements of Section 33413(b)(4) and 33490(a)(2) and (3), this Compliance Plan sets forth the Agency's program for ensuring that the appropriate number of very low, low, and moderate income housing units will be constructed within Redevelopment Project Area No. 1 and Redevelopment Project Area No. 2 (herein referred to as the "Project Areas") over the next ten (10) years. As such, this Compliance Plan has been developed to accomplish the following goals: • To account for the number of affordable dwelling units, either constructed or substantially rehabilitated, in both Project Areas since their adoptions; • To assess existing needs for the production of affordable housing as a result of the construction or substantial rehabilitation of dwelling units since the Project Areas were adopted; • To forecast the estimated number of dwelling units to be privately developed or substantially rehabilitated over the next ten (10) years and over the duration of the respective Redevelopment Plans for the Project Areas; • To forecast the estimated number of dwelling units to be developed or substantially rehabilitated by the Agency over the next five (5) years; • To project the availability of City/Agency and other revenue sources for funding dft affordable housing production; • To identify implementation policies/programs and potential sites for affordable housing development; • To establish a schedule of actions for implementing this Compliance Plan so as to ensure that the requirements of Section 33413 for the next ten (10) years are met during that period; and • To review the affordable housing goals, objectives, and programs contained in the 1989 City of La Quinta (the "City") Housing Element ("Housing Element") to confirm this Compliance Plan is consistent with the Housing Element. 11 Ah SECTION IL BACKGROUND On November 29, 1983, the Agency adopted the Redevelopment Plan for the Project Area No. 1, establishing the Agency's first redevelopment project area which encompasses approximately 17.5 square miles. Project Area No. 1 is located in the southern portion of the City and includes land designated for commercial, office, residential, retail, institutional, recreational, and public uses. Project Area No. 1 is bounded generally by Avenue 50 to the north, Jefferson and Madison Streets to the east, Avenue 60 to the south, and the city limit boundary on the west. At the time of its adoption, Project Area No. l included 2,240 dwelling units according to its Report to Council. The Agency established its second redevelopment project on May 16, 1989 with the adoption of the Redevelopment Plan for Project Area No. 2. Essentially, Project Area No. 2 encompasses the major portion of the City north of Avenue 50. Covering an area of approximately 3,116 acres, which includes residential and commercial land uses, Project Area No. 2 is significantly smaller than Project Area No. 1. Project Area No. 2 is bounded by Avenue 50 to the south, Fred Waring Drive (Avenue 44) to the north, Washington Street to the west, and Jefferson Street to the east. Also included within Project Area No. 2 are properties located west of Washington Street, north of the prolongation of the future alignment of Avenue 48; properties surrounding Point Happy north of Highway 111 and west of Washington Street; and property east of Jefferson Street and north of Highway I I L According to its Report to Council, Project Area No. 2 contained 608 dwelling units at the time of its adoption. The boundaries of both Project Area No. 1 and Project Area No. 2 are illustrated on the City map attached hereto as Exhibit 1. The provisions of Section 33413(b)(4) require all redevelopment agencies as part of the Implementation Plan required by Section 33490 to adopt and periodically update a plan to ensure compliance for each project area, with the criteria of Section 33413 regarding the affordability mix of new or rehabilitated housing units. Since 1976, redevelopment agencies have been required to assure that at least thirty percent (30%) of all new or rehabilitated units developed by an agency are available at affordable costs to households of very low, low, or moderate income. Of this thirty percent (30%), not less than fifty percent (50%) is required to be available at affordable costs to very low income (50% or below of area median income) households. Further, Section 33413 requires that at least fifteen percent (15%) of all new or rehabilitated dwelling units developed within each project area by entities other than an agency be made available at affordable costs to low or moderate income households. Of this fifteen percent (15%), not less than forty percent (40%) of the dwelling units is required to be available at affordable costs to very low income households. These requirements are applicable to housing units as aggregated, and not on a case - by -case basis to each dwelling unit created or rehabilitated unless so required by an agency. Ah Section 33413(b)(4) requires agencies to adopt a compliance plan to meet the production IF requirements of Section 33413 mentioned above for ogh project area. The compliance plan must be consistent with the jurisdiction's housing element and must also be reviewed and, if necessary, amended at least every five (5) years in conjunction with the cyclical preparation of the housing element or the plan implementation cycle. 3 l„Prod Section 33413(b)(4) requires that the Compliance Plan contain the contents required by Section 33490(a)(2) and (3) which include the number of units of very low, low, and moderate income households which have been developed within one or more project areas which meet the requirements of Section 33413(b)(2) and estimates of the following: • The number of new, substantially rehabilitated, or price -restricted residential units to be developed or purchased within each Project Area, both over the life of the redevelopment plan and during the next ten (10) years. • The number of units for very low, low, and moderate income households required to be developed in the Project Areas by public or private entities other than the Agency in order to meet the requirements of Section 33413(b)(2) both over the life of the Redevelopment Plan and during the next ten (10) years. • The number of units to be developed by the Agency for a five (5) year period. - Of these, the number of units for very low income households, and - The number of units for low and moderate income households. If, at the end of each ten (10) year period, the production estimate is not realized, the Law requires that the Agency meet the production goals on an annual basis until the requirements for the ten (10) year period are met. Should the Agency exceed the production requirements within the ten (10) year period, the Law permits the Agency to count the units that exceed the requirements to meet housing production requirements during the next ten (10) year period. AB 1290 amendments to Section 33413 will only be in effect until December 31, 1996 unless the State Legislature extends the effective date of the current provisions of Section 33413. If the effective date is not extended, the requirements of Section 33413 as it existed prior to AB 1290 will become applicable again. Relevant portions of Section 33413 which may terminate in 1997 include: Section 33413(b)(2)(A)(ii) which provides that the Agency's obligations under Section 33413 may be met by providing affordable housing outside the project areas on a two -for one basis; the definitions of "substantially rehabilitated dwelling units" and "substantial rehabilitation" contained in Section 33413(b)(2)(A)(iii) and (iv); the provisions of Section 33413(b)(2)(A)(v) which allow the Agency to meet its housing obligations in the aggregate among all project areas; Section 33413(b)(2)(B) which allows the Agency to purchase long-term affordability covenants on existing multifamily units; and Section 33413(c)(2) which allows the sale of affordable owner occupied units at market rate if a replacement unit or units are provided within three (3) years of the sale. For the purpose of this Compliance Plan, it is assumed that the current provisions of Section 33413 will remain in effect during the ten (10) year period of this Compliance Plan. If the effective date of the existing version of Section 33413 is not extended past December 31, 1996, this Compliance Plan will need to be reviewed to determine if revisions are required. u 4 1? u,oe QPDuring the adoption process for Project Area No. 1 and Project Area No. 2, the Agency adopted resolutions for each Project Area that allow the Agency to expend its twenty ;percent (20%) housing set -aside money outside each respective Project Area by making findings that it will be of benefit to each Project Area. As mentioned above, Section 33413(b)(2)(A)(v) allows the Agency to meet affordable housing obligations in the aggregate between the Project Areas if the Agency finds, based on substantial evidence and after a public hearing, that such aggregation will not cause or exacerbate racial, ethnic, or economic segregation. For the purposes of this Compliance Plan, it is assumed that the Agency will make necessary finding after a public hearing to allow affordable housing requirements to be met in the aggregate between the Project Areas and that legislation allowing this aggregation will be in effect throughout the life of this Compliance Plan. This Compliance Plan takes into account all residential construction or substantial rehabilitation that has occurred within the Project Areas since their adoption in order to determine affordable housing production needs; it includes figures for existing residential construction and substantial rehabilitation, and projections for the number of additional dwelling units to be constructed or substantially rehabilitated during the next ten (10) years. The following sections define "new construction" and "substantially rehabilitated" as used in this Compliance Plan, as well as the methodology used for collecting data on both existing and projected housing units. 1. New Construction. Construction statistics were provided by the City Planning staff. Because the Law does not provide a clear definition for new construction, Agency staff, consultant, and legal counsel have agreed upon a "definition' for new construction. For the purposes of this Compliance Plan, building permits issued for the construction of new dwelling units since the respective adoption dates of the Project Areas are considered to be new construction dwelling units; therefore, these units would fall under the requirements for production of affordable housing within the Project Areas pursuant to Section 33413. Projections of new units are affected by numerous complex factors such as: the general health of the local, regional, and national economy; employment levels; competition; and the inventory of existing housing. Based upon the recent economic trends, projecting the number of new units to be constructed over the next ten (10) years is difficult. Projections for future dwelling units to be constructed within the Project Areas used in this Compliance Plan are based upon existing land uses and recent historical trends of building permits issued for residential units. The City Planning staff does = anticipate that the Project Areas will experience buildout within the ten (10) year time frame (1994 through 2004) covered by this Compliance Plan. It should be noted that neither the existing housing stock nor projections for future dwelling units in the Project Areas include any units to be developed by the Agency. According to Agency staff, the Agency does not anticipate directly developing or rehabilitating any dwelling units which would trigger the thirty percent (30%) affordable housing requirement of Section 33413(b)(1) within the ten (10) year time frame of this Compliance Plan. However, the Agency will continue to cooperate with and provide assistance and incentives to private developers in order to meet affordable housing production goals. 2. Substantial Rehabilitation. The Law defines "substantial rehabilitation" as: "....rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value." 33413(b)(2)(A)(iv) "Substantially rehabilitated dwelling units" means: "....substantially rehabilitated multifamily rented dwelling units with three or more units QL substantially rehabilitated, with agency assistance, single-family dwelling units with one or two units." 33413(b)(2)(A)(iii) According to research conducted by City Planning staff, to date, no units have undergone substantial rehabilitation, as defined above, in either Project Area. Substantial rehabilitation has probably not occurred for five (5) reasons: (1) certain dwelling units in the City which would have required substantial rehabilitation have been demolished by the landowner in lieu of rehabilitation; (2) housing has been less costly to construct relative to the cost of substantial rehabilitation; (3) the majority of existing housing in the City is newer (built in 1970's and 1980's) and therefore not generally in need of any rehabilitation; (4) in certain cases where units are in need of substantial rehabilitation, the cost may be beyond the reach of the owners; and (5) in certain cases of rental housing, landlords may believe a better return may be achieved by renting existing nonrehabilitated units rather than expending their capital for improvements and seeking higher rents. Because existing units are relatively new and often cheaper to demolish and rebuild rather than substantially rehabilitate, this Compliance Plan does not assume any future substantial rehabilitation will occur within the next ten (10) years. However, over the life of either Project Area, as dwelling units continue to age, the likelihood of substantial rehabilitation occurring will increase. C; J iw�i�u hewn" 6 12/6,'44 11 SECTION III. PROVISION OF AFFORDABLE HOUSING TO DATE For all redevelopment projects adopted after January 1, 1976, Section 33413 requires that affordable housing be provided in conjunction with: (a) the destruction or removal of existing affordable dwelling units within a project area by direct or indirect involvement of a redevelopment agency; and (b) development of new or substantially rehabilitated dwelling units within a project area. Sections A, B, and C below identify the number of dwelling units which have been destroyed/removed, constructed, or substantially rehabilitated within the Project Areas to date. Section D identifies existing affordable housing deficits in the Project Areas. As of the date of this Compliance Plan, the Agency has not destroyed or removed any dwelling units housing persons and families of low and moderate income in either Project area, or assisted financially with the destruction or removal of such dwelling units. Because the Agency has not participated either directly or indirectly in the destruction or removal of units from the low and moderate income housing market, the replacement housing requirements of Section 33413(a) for the Project Areas are zero (0). At this time, the Agency has no plans to destroy, remove, or to assist financially with the destruction or removal of any affordable housing units within the ten (10) year time frame of this Compliance Plan. B. Dwelling Units C mr ,cr d or Substantially Rehabilitated within the Proje t Areas to Date As shown on Table 1, the number of dwelling units constructed within Project Area No. 1 to date is 3,824, and the number constructed within Project Area No. 2 to date is 904. All of these dwelling units were developed privately; the Agency has not developed housing units in either Project Area. Review of building permit indicates that there have been no dwelling units substantially rehabilitated in the Project Areas since their inception by the Agency or non -Agency entities. lyuinti hf Qj IN 7 1'S 91 C. TABLET La Quinta Redevelopment Agency Units Destroyed/Removed, Constructed and Rehabilitated (Project Adoptions to 1994) Project Project Both Area No. 1 Area No. 2 Project (Adoption Date) (1983) (1989) At€;I.t Units Destroyed or Removed by A"rlc 0 0 0 Units Constructed Agency -Developed Units 0 0 0 Privately -Developed Units 3,824 904 4,728 Subtotal 3,824 904 4,728 Units Substantially Rehabilitated 0 0 0 TOTAL NEW/REHAB UNITS 3,824 904 4,728 Source: City of La Quinta Planning Department (February 1994) Note: Privately -Developed Unit total for Project Area No. 2 includes 2 mobilehomes. The Agency's housing production efforts have arisen from the execution of three affordable housing agreements and two disposition and development agreements. In total, these agreements will yield 208 units affordable to very low, low, and moderate income households. Of these 208 units, 25 have been constructed and sold with recorded covenants restricting their affordability to eligible households. The remaining 183 units include 91 senior -family rental units and 92 single - fan -Lily dwellings. These five agreements are summarized below: WES Development - Pursuant to an affordable housing agreement with the Agency, WES Development has constructed 15 new single-family dwelling units on various inftll lots in the Cove. Thus far, 14 of the 15 units have been sold with recorded long-term affordability covenants; the remaining 15th unit is in escrow. Upon the sale of the remaining unit, 10 units will be reserved and occupied by very low income households with the remaining 5 reserved and occupied by low income households. Coachella Valley Housing Coalition (CVHQ - The Agency's affordable housing agreement with CVHC facilitated the construction of 10 single-family dwelling units in the Cove. In fiscal year 1993-94, these units were completed and sold to eligible households with long- term affordability covenants. Of the 10 units, 5 units were purchased by very low income households, and 5 units by low income households. 9 1 „6 nA Coachella Valley Land - In February 1993, the Agency entered into the first of two affordable housing agreements with Coachella Valley Land. The first agreement provides for 20 single-family dwelling units to be rented to Section 8 very low income households for a minimum of five years. The first agreement also provides for an additional 10 units which will be sold to very low, low, and moderate income households with long-term affordability covenants. In October 1993, the Agency executed a second affordable housing agreement with Coachella Valley Land. In the same manner as the first agreement, the second agreement provides for 30 very low income rental units and 20 very low, low, and moderate income for -sale units. The 30 ownership units will feature long-term affordability covenants. Pursuant to the affordable housing agreements, the affordability restrictions on the 50 rental units terminate after five years, or in February and October 1999, respectively. When these affordability restrictions on the rental units lapse, the Agency has the option to purchase these units and record long-term affordability covenants. The potential purchase of the 50 rental units by the Agency will be discussed later in this Compliance Plan. Williams Development - The Williams Development Project involves the construction of a 91-unit multifamily rental apartment project for very low income senior citizen households, 40 and 60 single-family detached ownership housing units affordable to very low, low, and moderate income households. All 91 of the senior citizen apartments are restricted for very low income households; the affordability mix of the single-family project is as follows: 10 very low income, 10 low income, and 40 moderate income. Building fforizons - This project is a cooperative effort between the Agency and the Boys and Girls Club of Coachella Valley to facilitate the construction of two moderate income single-family dwelling units. The Building Horizons Program involves the design, training, and construction of single-family homes by junior and senior high school students in the community. Upon the completion of these two units, the Agency will record long-term affordability covenants ensuring their affordability to moderate income households. 9 Table 2 below presents the affordable housing units which have been produced or contracted to be produced. TABLE 2 COVENANT RESTRICTED UNITS PRODUCED/CONTRACTED/PENDING Very Low Units Low/Moderate Units Total Units Units Produced* ,Additional 15 10 25 Units Contracted to be Produced 101 82 183 Total 116 92 208 * These units have been constructed and sold to eligible homeowners with affordability covenants. Health and Safety Code Section 33413(b)(2) requires that at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units completed within a project area by public or private entities (persons other than an agency), must be available at affordable housing cost levels to persons and families of low or moderate incomes. Of these, not less than forty percent (40%) is required to be made available at costs affordable to very low income households. In Project Area No. 1, there have been a total of 3,824 privately developed units constructed since the project was adopted in 1983; a total of 904 privately developed units have been constructed in Project Area No. 2 since its adoption in 1989. As shown on Table 3, Section 33413(b)(2) affordable housing production provisions for privately developed units constructed to date, require that a total of 710 affordable housing units be produced, of which 574 (15% of 3,824) are to be produced for Project Area No. 1 and 135 (15% of 904) are to be produced for Project Area No. 2. Of the 574 affordable housing units currently required for Project Area No. 1, 230 units must be affordable to very low income households, and 344 affordable to low and moderate income households. For Project Area No. 2, the 135 required affordable housing units, 54 units that are affordable to very low income level households, and 81 units affordable to low and moderate income households. E17 .N�*u wgcu• 10 1 ?i6,94 Section 33413 is unclear regarding the application of its provisions regarding housing deficits in existence prior to the adoption of the Compliance Plan. Under one approach, and for the purposes of this Compliance Plan, it is assumed that the existing housing deficit can be met over the life of the Redevelopment Plans. Pursuant to AB 1290 redevelopment plan limits, the deadline on redevelopment activities for Project No. 1 is 2018 and for Project No. 2 is 2029. These deadlines may be extended by ordinance to carry out replacement housing obligations or to allow full expenditure of the Housing Fund. The Agency shall, however, utilize best efforts to remedy existing housing deficits over the next ten (10) years. TABLE 3 EXISTING HOUSING PRODUCTION DEFICIT - PROJECTS NO. 1 AND NO.2 Total Private Required Affordable Required Very Low Required Devel/Rehab Units Units Units Low/Moderate Units Project Adoption to 1994 4728 709 284 425 1♦1' 04 SECTION IV. PROPOSED HOUSING ACTIVITIES DURING NEXT TEN (10) YEARS AND OVER THE LIFE OF THE PLAN - ESTIMATED DWELLING UNITS TO BE DEVELOPED/REHABILITATED Estimates for the total number of dwelling units to be constructed within the Project Areas both during the next ten (10) years and over the life of the Redevelopment Plans were provided by City Planning staff, and are based on existing land uses as well as recent growth trends within the Project Areas. It is anticipated that all of these units will be developed by public or private entities or persons other than the Agency. It is not anticipated that the Agency will develop any units directly. As shown on Table 4, the total number of units estimated to be developed over the next ten (10) years is 5,799 (3,453 in Project Area No. 1, and 2,346 in Project Area No. 2). Section 33413(b)(2) requires that of the estimated number of units to be constructed in for Project Area No. 1, at least 518 (15% of 3,453) must be available at affordable housing cost; of these, 207 units (40%) must be affordable to very low income households. Of the 352 (15% of 2,346) affordable housing units needed to meet estimated housing production requirements for the next ten (10) years for Project Area No. 2, 141 units (40%) are required to be constructed and reserved for very low income households. The Law also requires the Agency to project the number of dwelling units to be produced over the duration of the Project No I and Project No. 2 Redevelopment Plans, which expire in 2018 and 2029, respectively. Additionally, the Agency is to identify the number of units needed to be reserved for very low income and low and moderate income households. For this purpose, the Agency assumes that the City will reach buildout within this time frame. Table 4 indicates that, in addition to the 5,799 units to be developed over the next ten years, an additional 8,251 units will be produced in the Project Areas, all of which are expected to be privately developed. Of these additional units, 495 are to be reserved for very low income households and 743 units will be needed for low and moderate income households. In summary, between 1994 and the termination of the Redevelopment Plans, 14,050 units will be produced in the Project Areas. Exclusive of the existing housing deficit, this production activity will require the production of 1,265 units for low and moderate income households, of which a total of 843 units will be needed for very low income households. As previously mentioned, this Compliance Plan does not assume any units will be substantially rehabilitated by either the Agency or non -Agency parties during the next ten (10) years. In order to meet the requirements of Section 33413 as they apply over the next ten (10) years, the Agency is required to create or establish 709 affordable housing units to remedy the existing affordable housing deficits within the Project Areas, and an estimated 870 affordable housing units are needed to meet expected private production. Table 4 shows the estimated total number of housing units that will be required to meet Section 33413 affordable housing production requirements. LJ 12 irFroa E 1''II TABLE 4 TOTAL REQUIRED AFFORDABLE HOUSING PRODUCTION Total Private Total Affordable Devel/Rehab Units Units eery Low Units Low/Moderate Units Existing Deficit 4,728 709 284 425 Less Units Under Contract (208) (116) (92) Projected New Units 1994- 2004 5,799 870 348 522 Total Units: Existing Deficit through 2004 10,527 1,371 516 855 1 t Total Private Total Affordable DevelfRehab Units Units Very Low Units Low/Moderate Units Additional Units: Projected 2004-Termination of 8,251 1,238 495 743 Redevelopment Plans Projected New Units 1994- 2004 5,799 870 348 522 Total Units: 1994- Termination of 14,050 2,108 843 1,265 Redevelopment Plans r, t- 13 SECTION V. AVAILABLE REVENUE SOURCES FOR FUNDING AFFORDABLE HOUSING PRODUCTION A. Proiections of Apencv Twentv Percent (20%) Low and Moderate Income Housing Set -Aside IIIRC�? Section 33334.2 requires that not less than twenty percent (20%) of all taxes which are allocated to the Agency be used to increase, improve, and preserve the community's supply of housing available, at affordable housing cost, to persons and families of very low, low, and moderate incomes. In addition, as set forth in Section 33334.4 of the Law, it is the stated policy of the Legislature that "...it shall be the policy of each agency to expend, over the duration of the redevelopment plan, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of low and very low income in at least the same proportion as the total number of housing units needed for those income groups which are not being provided by other governmental programs bears to the total number of units needed for persons of moderate, low, and very low income within the community." The Agency deposits twenty percent (20%) of tax increment revenue allocated to the Agency into separate housing fund accounts for each Project Area. Projections of Low and Moderate Housing Fund revenues for both Project Areas are shown on Table 5. Table 5 includes existing housing fund balances, gross set -aside revenues, expenditures, and net housing fund revenues for fiscal years 1994-95 through 2003-04. Expenditures for Project Area No. 1 include debt service payments on Series 1994 bonds, Agency administration costs, housing program expenditures per developer agreements, and a 1994 loan of housing set -aside funds for the mandatory Educational Revenue Augmentation Fund payment. Expenditures for Project Area No. 2 include rent and administrative costs incurred by the Agency. The total amount of revenue available to the Agency, net of expenditures, to implement affordable housing projects over the next ten (10) years for both Project Areas is estimated to be $19,587,283. Because few, if any, other funding sources exist, the Agency's Low and Moderate Income Housing Fund is the only major source of revenue available for implementing affordable housing projects needed to remedy the housing deficit. La Quinta was incorporated after the adoption of Proposition 13 in 1978, so property tax revenues comprise a small amount of the City's total revenue. Residential development, the predominate type of development that has occurred to date in La Quinta, contributes very little revenue to the City, but does add greatly to demands on the City's modest budget. Transient occupancy and sales taxes from an existing hotel and retail centers are the major sources of revenue for the City. However, the recent economic downturn in the area has lead to a slowdown in development within the City. This has halted the development of some major hotels and retail developments along Highway III which potentially would have provided the City with additional revenue once i completed and operational. For these reasons, it is very unlikely that the City will be able to provide any financial resources to help remedy the Agency's affordable housing deficit. �,�•, mr14 12'F �4 Existing Agency funding requirements for the nonhousing Redevelopment Fund include outstanding bonded debt obligations, pass through payments to taxing agencies, rent and administrative costs, and mandatory payments to the State for Education Revenue Augmentation Fund (during 1993-94 and 1994-95). Because of these heavy funding commitments, no revenue from the Agency's Redevelopment Fund will be available to assist with the implementation of affordable housing projects. 1, fderal Programs. After reaching a peak in the late 1960's and early 1970's, federal assistance for affordable housing projects has decreased significantly during the 1980's and 1990's. The major source of housing assistance, the Department of Housing and Urban Development ("HUD"), had their budget slashed dramatically during the 1980's. HUD still provides some funds for community planning and development activities through Community Development Block Grants (CDBG) and rental subsidies through the Section 8 program. The Federal Home Program was created under the National Housing Affordability Act of 1990 to provide funds for local agencies to facilitate rental housing and home ownership through acquisition, construction, reconstruction, and/or rehabilitation of affordable housing. Also allowed are rental assistance, site improvements, relocation 40 payments, and other expenses related to providing affordable housing. The Riverside County Economic Development Authority estimates the County N u receive $1,537,000 during fiscal year 1993-94 in HOME Program funds. The Agency should consider applying for a portion of these funds to assist in financing eligible housing projects. The City and the Agency will continue to apply for CDBG funds and other Federal subsidies, however, competition among cities in these tight economic times for limited federal funds reduces the possibility that La Quinta will receive significant federal assistance for affordable housing projects. 2. Stalc Programs. In conjunction with this Compliance Plan, the Agency will research available state affordable housing funding sources administered by the State Department of Housing and Community Development. Potential State housing programs which should be researched and evaluated include: • California Homeownership Assistance Program • California Housing Rehabilitation Program • Proposition 84 Housing Funds • Proposition 77 Housing Funds • California Housing Finance Authority - New Construction I., ", S-1- 15 The serious budget constraints facing the State of California have reduced its ability to provide local agencies with assistance in affordable housing making it unlikely that La Quinta will receive significant financial assistance, in the near future, from the State for affordable housing projects. 1. Low Income Housing Tax Credit. As part of the 1986 Tax Reform Act, a new tax credit was made available to developers of new or rehabilitated rental housing. Use of the tax credit is possible if one of the following criteria is met: at least twenty percent (20%) of the completed units are rented to households at or below fifty percent (50%) of the area median gross income; or at least forty percent (40%) of the units are rented to households at or below sixty percent (60%) of the area median gross income. Rents on tax credit units can not exceed thirty percent (30%) of the maximum income limits based upon household size. The Williams Development project does employ Low Income Housing Tax Credits for the multifamily senior housing. 2. Agency Financing. The Agency has the legal power to issue taxable or tax exempt bonds and notes for the development (including rehabilitation) of both single family and multifamily housing. Statutory requirements limit the circumstances under which the Agency can issue tax exempt bonds or notes. In addition, the City can cooperate with the California Housing Finance Agency (CHFA) in bond issues. Such bonds must I. be issued under established federal and state requirements. Multifamily revenue bonds may be issued to finance rental apartment projects. These bonds can be used to provide construction financing and permanent financing for newly build projects, and in some cases to provide for the acquisition and substantial rehabilitation of existing projects. Single family mortgage revenue bonds can be issued to provide below market mortgages for first time home buyers. r`1 LJ �.�...., .-,..ate 16 12!e,v4 SECTION VI. PROPOSED IMPLEMENTATION POLICIES/PROGRAMS AND POTENTIAL SITES FOR AFFORDABLE HOUSING DEVELOPMENT The Agency faces a large task in remedying existing as well as future affordable housing deficits in the Project Areas. The three (3) most viable options for the provision of affordable housing; over the next ten (10) years include: (A) Agency purchase of Coachella Valley Land rental units; (B) Agency purchase of affordable housing covenants on existing multifamily rental units; and (C) provision of incentives to private developers to promote the construction of affordable housing in La Quinta. These three (3) options are discussed below along with other potential programs designed to assist the Agency in meeting the requirements of Section 33413. The Agency's affordable housing agreements with Coachella Valley Land provide for both a total of 30 ownership units with long-term affordability covenants and 50 rental units with five-year affordability covenants. Currently, all 50 of the rental units have been leased to very low income households. To secure the five-year affordability restrictions on these rental units, the Agency contributed, on a loan basis, $20,000 per unit, or a total of $1,000,000. At the end of the five-year period, the Agency has the option to either be repaid the total outstanding principal and interest on the loan, or purchase some or all of the 50 units. If the Agency elected to be repaid, these units would then be sold and would no longer carry affordability restrictions. However, if the Agency exercised its option to purchase the units, these units would feature long-term affordability covenants and offset a portion of the affordable housing production deficit. The purchase price of the units would be either the base value of the units, as established in the affordable housing agreements, plus inflationary adjustments over the five-year period pursuant to the Consumer Price Index (CPI), or a fair market value appraisal at the end of the five-year term. Assuming an average base price of $102,500 per unit and an annual projected CPI of 5%, the adjusted purchase price per unit would be $130,819, or a total of $6,540,943. This purchase price would be offset by the Agency's $20,000 per unit loan contribution of $1,000,000, plus 8% accrued interest, or $1,469,328. These units would be subsequently sold to qualified households, with the Agency carrying back second trust deeds in the amount of approximately $84,000 for each very low income unit. Thus, the net outlay required at the end of the five-year term to purchase the 50 rental units would be $4,200,000. This cost could be funded from either available housing funds or future housing bond proceeds. B. Lone Term Affordable Housing Covenants There are one hundred seventy-three (173) existing multifamily apartment units in Project Area No. 1 and none in Project Area No. 1 Section 33413(b)(2)(B) allows the Agency to pursue a program to purchase affordability covenants on these units from property owners. Pursuant to Section 33413(b)(2)(C), not more than fifty percent (50%) of the units may be assisted by the purchase of long-term affordability covenants. These affordability covenants would need to be in effect for not less than thirty (30) years and at least fifty percent (50%) of the units with affordability covenants would need to be available to very low income households. If the Agency is able to purchase affordability covenants on at least ten percent (10%) of the existing multifamily units, it would mean an additional seventeen (17) affordable housing units. The City can offer a variety of incentives to facilitate the production of affordable dwelling units. Current incentives offered to developers include density bonuses in exchange for long -tern affordability covenants. Other incentives the Agency can provide to developers include the following: 1. Fund, waive or reduce development fees. Under this program the Agency would pay some or all fees related to the development of housing units, including plan check, utility hook-up, park and recreation, school, fire, and any other development related 10 fees. 2. Write -down land costs to developers. The Agency would purchase property and then resell it to a developer at a price less than market value based upon highest and best use, but constituting "reuse value based upon affordable requirements." The write- down of land costs makes it possible to establish sales prices or rental rates that are affordable to low income groups. This approach can be used for single family, condominium and multifamily developments. 3. Lease of City/Agency owned prooertv. The Agency could lease City/Agency owned properties to developers (or other individuals) interested in creating single or multifamily housing. Lease rates would be low in order to allow affordable purchase prices or rental rates. 4. Provide off -site improvements. Under this scenario, a private developer would receive Agency assistance in funding off -site improvements on affordable housing projects. The developer would construct the housing development, and the Agency would subsidize part or all costs associated with street, utility system, and drainage improvements. The subsidy could take the form of defraying all or a portion of assessments where an improvement district is established to fund the improvements. For these techniques to be utilized, there must be a direct connection between the public improvements and the provisions of affordable housing. 4m �ww 18 122-e.1Q4 S. Subsidize mortgage interest rates. The Agency could assist in the provision of mortgage loans at interest rates which are less than market rates. This can be accomplished through community lenders who are willing to offer lower mortgage interest rates through Agency financial subsidy of the interest differential between market and affordable rates. The Agency could additionally issue tax exempt mortgage bonds for first time buyers at lower than market interest rates. 6. Rezone and Amend General Plan Land Use Designation. Because vacant land in the Project Areas is for the most part zoned for low density residential uses, and due to the availability of inexpensive high density residential vacant land in surrounding communities, the City has been unable to attract much multifamily development. In order to promote future multifamily development, which will be essential for meeting affordable housing goals, the City may need to rezone some residential land to higher densities in order to attract multifamily developers. 7. "Extra" Density Bonus. Densities above the level of density bonus law should be considered where a developer or owner will produce either a higher quality project or higher percentages of affordable units, particularly at the very low income level. 8. Bond Financing. Where appropriate, the Agency should support bond financing of projects where: (a) the financing is "conduit financing", with no payment obligation or guaranty by the Agency or the City; (b) the developer obtains credit support; (c) an investment -quality rating is obtained for the bonds or the bonds are otherwise determined by the Agency's financial advisors to be of a high quality (d) a cost. -saving for the project is effected; and (e) the project would substantially further the achievement of the goals of this Compliance Plan, and particularly would provide additional affordable units. 9. Tax Credits. Where appropriate, the Agency should support the use of Tax Credits. This technique, as well as tax-exempt bond financing, can create a financial incentive for long-term developer compliance with housing affordability restrictions. 10. Community Reinvestment Act. The Agency should facilitate discussions between developers and local banks to encourage the banks to meet their obligations pursuant to the Community Reinvestment Act by providing favorable financing to developers involved in projects designed to meet the requirements of Section 33413 of the. Law. As mentioned previously, Section 33413(b)(2)(A)(ii) allows the Agency to meet affordable housing requirements by providing affordable housing units outside of the Project ,Areas on a two - for -one basis. The Agency has adopted resolutions for both Project Areas to allow the use of housing funds outside of Project Area boundaries. D. Other Affordable Ho using Programs Community Development Block Grant (CDBG) Program. The Agency will continue to pursue available CDBG Program funds from the Federal government (HUD) to assist with meeting affordable housing goals. The CDBG funds can be utilized for community improvements, land acquisition and write -down, and other public/private cooperative agreements. 2. State of California Housing Programs. State housing programs are more limited in scope and funding than are Federal housing programs. Specific State programs discussed previously that the Agency applies for will be based upon availability, and the specific affordable housing projects. I Senior Housingpro2r . To increase the supply of affordable housing units to senior citizens, the Agency will continue to pursue developer agreements, such as the one with Williams Development Co., to produce more affordable senior housing units. 4. First -Time Home buyers Program. In order to counteract economic trends which are making it more and more difficult for young families to purchase homes in La Quinta, the Agency will also pursue a workable first-time home buyers program to assist these families and to allow them to locate within the City. E. Rehabilitation Loans and Grants Although no "substantial rehabilitation' has occurred within the Project Areas to date, as the existing housing stock ages the need for rehabilitation will increase. 1. Rehabilitation Loan,.;. The Agency's Housing Fund may be used to provide loans to low and moderate income households for substantial rehabilitation activities such as correction of code violations and repairs to ensure that the dwelling is a safe and sanitary place to live. The Agency could administer the program through a revolving loan fund. Long term affordability covenants would be required in order to participate in the loan program to ensure the continued availability of affordable housing. 2. Rehabilitation Grants. The Agency could consider adopting a grant program in conjunction with or apart from an Agency loan program for the substantial rehabilitation of affordable housing units. Encouragement of Self -Help Programs. These offer an opportunity to produce houses to lower income segments of the community at a minimum of cost. Such programs traditionally are used for new construction; it seems plausible that similar techniques could be applied for substantial rehabilitation in appropriate situations. This could promote the enhancement rather removal of obsolescent structures. in ., <,,. 2. Ummunity Involvement. Community college resources can be developed for the construction of housing as well. If a local community college offers courses in construction trades, contract for the purchase of a house or houses produced; the house can be moved onto a lot and sold subject to affordability restrictions. While the number of houses this technique would yield is limited; it can produce a quality house for a very low investment. In addition, job training is promoted as well as interjurisdictional cooperation. The existence of other community resources should also be explored and developed. M Exhibit 2 shows potential sites located within the Project Areas suitable for affordable housing development of both single family and multifamily units. All of the potential sites shown are undeveloped land zoned for low density residential (2-4 DU/AC), medium high density residential (8-12 DU/AC), or mixed/regional commercial allowing residential uses (8-16 L)U/AC). The Agency needs to conduct further research in an effort to find sites that are most suitable for cost efficient development of affordable housing. The Agency should pursue purchase of the most suitable sites and then seek proposals from private developers for building affordable housing units. SECTION VIL SCHEDULE OF ACTIONS/COST FOR IMPLEMENTING AFFORDABLE HOUSING PROGRAMS As set forth in Section IV of this Compliance Plan, the existing affordable housing deficit is 501 units, net of the 208 units currently under contract. During the next ten years, the number of affordable dwelling units needed to be produced as a result of new construction is 870. This section forecasts a potential implementation strategy for the production of these units. At this time, beyond the current units contracted, no specific programs have been proposed. As such, this implementation strategy sets forth a general policy direction. With regard to the production of the 870 units, the Agency will first seek to employ available Housing Fund revenues to facilitate the production of these units in accordance with the quantified objectives of the 1988 Regional Housing Needs Assessment (RIiNA) developed by the Southern California Association of Governments. The RHNA establishes both the projected need for nonmarket rate housing and the "same share" distribution of a projected need to each jurisdiction in each market area for the planning period ending in 1996. For the City of La Quinta, the RHNA sets forth an affordable housing need in the following proportions: very low income households - 206 units; low income households - 200 units; and moderate income households - 231 units. Thus, for the planning period ending in 1996, the RITNA proposes generally an equal division of housing units that cross the very low, low, and moderate income categories. The RHNA proportions set forth in the draft Housing Element Update for the General Plan dictate the i future housing need for the City. In this Compliance Plan, these proportions have been applied in order to forecast the appropriate division of resources so as to show a balanced production of affordable housing relating to housing production occurring over the next ten years. Based upon the Agency's available revenues of $19,151,799, the Agency could be able to fund various housing programs to achieve an equal distribution of very low, low, and moderate income household units pursuant to the RHNA. The chart below summarizes the potential affordable housing produced through the use of the $19.2 million of housing set -aside funds available to fund future housing programs, assuming an average subsidy per unit of: $12,000 for moderate income households, $36,000 for low income households, and $84,000 for very low income households. Based upon these average subsidy levels, the Agency may assist 145 units in each of these three categories, for a total of 435 units subsidized and produced. The most effective means of financing the production of these 435 affordable dwelling units is through the leveraging of available Housing Fund revenues to issue Tax Allocation Bonds. This bonding mechanism would provide the Agency sufficient up -front capital from which to draw down bond proceeds to fund housing programs. In order to account for the time necessary to issue these potential bonds, it is assumed that the Agency could assemble the financing in 1995 and begin assisting households in 1996. hcu.-u`Mwl�n 22 11141n4 Am The 435 units produced with Agency financial assistance will offset the projected affordable housing need of 870 units projected over the next ten years. With respect to the remaining units, the Agency/City Council are considering implementation of various regulatory measures and development incentives such as those set forth in this Compliance Plan that will ensure the production of these units within the ten-year time frame. These Agency/City Council programs may also include an inclusionary housing ordinance to the extent necessary to meet these production goals. Anticipated 10-Year Affordable Housing Programs Projected 10-Year Production Needs Proposed Housing Programs: Direct Agency Subsidies City -Based Incentives TOTAL Low LowAModerate Total 348 522 870 145 290 435 203 232 435_ 348 522 870 As discussed earlier in this Compliance Plan, the Agency is permitted to address the existing affordable housing deficit of the 501 units over the life of the respective Redevelopment Plans. The programs expected to be implemented to assure the production of these units will be similar to those outlined above. In the event that the Agency is unsuccessful in meeting its production of affordable housing at the termination of the respective Redevelopment Plans, the effectiveness of one or both of the Redevelopment Plans may be extended in order to collect additional tax increment revenue and facilitate additional Agency housing programs as necessary to eliminate any remaining housing production deficits, pursuant to Section 33333.6 of the Law. Table 6 shows an estimated annual production timeline for the production and estimated costs of affordable dwelling units needed over the next ten (10) years. SECTION Vill. CONSISTENCY OF COMPLIANCE PLAN WITH CITY OF LA QUINTA'S 1989 HOUSING ELEMENT Section D.2. of the Housing Element expresses the following goal: "To ensure the provision of adequate housing, including range of housing types and costs, for all existing and future residents of La Quinta. " Because this Compliance Plan focuses on providing housing for lower income households who are generally the most difficult segment of the community to provide housing for, it is clearly consistent with the Housing Element's goal to provide housing for all economic groups within the City. Both this Compliance Plan and the Housing Element state the there is a definite need to assure an adequate supply of housing for the lower income segments of the City. Like the Housing Element, this Compliance Plan emphasizes the need to provide incentives to developers in order to increase the supply of affordable housing units in the Project Areas and Citywide. This Compliance Plan suggests many of the same incentives which can be provided to developers who create affordable housing units. Some of these incentives include allowing density bonuses, altering building standards, writing down land costs, paying all or part of development fees, paying for off -site improvements, working to speed up the permit process, and subsidizing mortgage interest rates. This Compliance Plan also reaches the same assumption as the Housing Element regarding what revenue • sources will be available to subsidize affordable housing projects. Both studies make it clear that the only viable revenue source available to assist with alleviating affordable housing problems in the City is the Low and Moderate Income Housing Set -Aside Fund of the Redevelopment Agency. A major focal point of the goals policies and objectives of the Housing Element is to provide housing for all economic segments of the City, especially lower income families. Because the major goal of this Compliance Plan is also to provide housing for these lower income households, and the proposed plans and programs for improving the supply of affordable housing in the City presented in this Compliance Plan are similar to plans and policies of the Housing Element, there is clearly a high degree of consistency between the Compliance Plan and the Housing Element. U TABLE 5 Ip La Quinta Redevelopment Agency Projects Nos. 1 & 2 Combined Housing Fund Projections Beginning Ending 1 Excess Year Fund Revenue Expenditures Fund ! Surplus Balance Balance I Amounts 1 1994-95 3,132,186 2,815,343 4,488,076 1,459,453 0 2 1995-96 1,459,453 2,943,553 1,466,680 2,936,325 I 0 3 1996-97 2,936,325 3,076,758 1,590,084 4,422,999 0 4 1997-98 4,422,999 3,215,159 1,620,231 6,017,928 0 5 1998-99 6,017,928 3,358,964 1,479,922 7,896,970 0 6 1999-00 7,896,970 3,508,391 1,511,974 9,893,387 0 7 2000-01 9,893,387 3,663,665 1,545,465 12,011,587 10 8 2001-02 12,011,587 3,825,021 1,579,414 14,257,194 511,015 9 2002-03 14,257,194 3,992,707 1,615,700 16,634,201 2,278,159 10 2003-04 16,634,201 4,166,975 1,649,377 19,151,799 J 4,162,016 TOTAL 34.566.536 18,546,922 Note: Expenditures include current contracted housing -related obligations only, and do not include potential expenditures associated with future housing programs described in this Compliance Plan. The Compliance Plan does indicate that the entire remaining fund balance of $19,151,799 will be expended on future Agency housing projects and programs over the next ten years; thus, the amount of excess surplus would be eliminated. Assumes a 3.5% annual increase in Project Area No. 1 assessed values; 5.00y'0 growth in Project Area No. 2. Page i of 2 EXIS XLS I].» Year 1 1994-95 2 1995-96 3 1996-97 4 1997-98 5 1998-99 6 1999-00 7 2000-01 8 2001-02 9 2002-03 10 2003-04 Year 1 1994-95 2 1995-96 3 1996-97 4 1997-98 5 1998-99 6 1999-00 7 2000-01 8 2001-02 9 2002-03 10 2003-04 TABLE 5 (continued) La Quinta Redevelopment Agency Housing Fund Projections By Project Area PROJECT AREA NO. t - 20% Housing Set -Aside Funds Revenues Gross Beginning 20% Housing Set -Aside Fund Revenue Balance Debt Service on Existing Bonds 265,612 Rent & Admin 456,554 Expenditures RDA Fund Loan (ERAF) 0 Existing Housing Programs 3,535,000 Total Expenses 4,257,166 Beginning 1,914,263 2,328,354 4,242,617 2,422,696 2,408,148 426,718 474,816 0 325,000 1,226,534 2,520,341 3,701,955 486,523 493,809 0 360,000 1,340,332 2,621,403 4,983,026 486,927 513,561 0 360,000 1,360,499 2,726,002 6,348,539 485,686 534,104 0 190,000 1,209,790 2,834,262 7,973,011 485,569 555,468 0 190,000 1,231,037 2,946,311 9,688,286 485,604 577,686 0 190,000 1,253,290 3,062,282 11,497,277 484,758 600,794 0 190.000 1,275,552 3,182,312 13,404,037 494,858 624,826 0 190,000 1,299,694 3,306,543 15,410,895 480,901 649,819 0 190,000 1,320,720 27,950,505 4,573,156 5,481,436 0 5,720,000 15,774,592 PROJECT AREA NO. 2 - 20% Housing Set -Aside Funds Revenues Expenditures Gross Housing Debt Rent & RDA Fund Existing Total 20% Fund Service on Admin Loan Housing Expenses Set -Aside Balance Existing (ERAF) Programs Revenue Bonds 0 230,910 0 0 230,910 Beginning 1,217,923 486,998 1,704,911 520,856 1,994,858 0 240,146 0 0 240,146 556,417 2,311,129 0 249,752 0 0 249,752 593,756 2,655,133 0 259,742 0 0 259,742 632,963 3,028,353 0 270,132 0 0 270,132 674,129 3,432,350 0 280,937 0 0 280,937 717,354 3,868,766 0 292,175 0 0 292,175 762,740 4,339,331 0 303,862 0 0 303,862 810,393 4,845,864 0 316,016 0 0 316,016 860,433 5,390,281 0 328,657 0 0 328,657 6,616.031 0 2,772,330 0 0 2,772,330 U Ending Housing Fund Balance -14,549 1,181,614 2,361,623 3,622,537 5,138,749 6,741,975 8,434,995 10,221,725 12,104,353 14,090,176 L Ending Housing Fund Balance 1,474,001 1,754,711 2,061,376 2,395,390 2,758,221 3,151,412 3,576,591 4,035,469 4,529,848 5,061,624 to Page 2 of 2 Ensmac= 11ro ; a \ 2 � ! s a ! 2 � � « � ) k� w / I Im ; . ! e o , � § I! I arz .g - \ ) 40 � \�k � � § m § k uIm 2 ® EXHIBIT I LA QUINTA REDEVELOPMENT AGENCY Redevelopment Project Areas NO Project Area Boundaries mzmmw==w AVENUE44 HIGHWAY I I I nnuu�unnrAVENUE 50 fill I I I f I I fA I )f THE COVE I. AVENUE 52 Existing Project Area No. 2 11 Existing Project Area No. I AVENUE54 A VrKfl 1r: V) 11 3 T J J N .M o•w w������ EXHIBIT 2 'POTENTIAL SITES FOR AFFORDA13LE HOUSING I''�'' OENE GNIIIClH.I N � \�`� . yy "'Riii•••0111 MASTERALPLAN i . •.i AS$E\ y �ca'llii� r EKISTNO LAND USE ® my LOWo WA� 0 for a�arrr ufuanw W Wb o= . MJ Rtl O11{1lM IVy1 CiMLI'/ gSCIMI•L '•P F..Rtl o T� r « <a.r , o Wcx rwrc num.se�wwie •e •WKLS F-- i nT. mCU O OW 0p • tmaua-..o•acu R, 3Undeveb0ed land - Zoned Low Daml+y ga+identlal SECTION D An Explanation of Why the Elimination of Blight Cannot be Accomplished by Private Enterprise Acting Alone, or Through Financing Alternatives Other Than Tax Increment Financing Prior to the adoption of the Existing Plan, the Project Area was plagued by inadequate flood control and sewer systems which were continuously susceptible to failure and impacted properties in the Project Area. Although these conditions were well documented as present in the Project Area for over 35 years, it was only after the provision of Agency assistance through redevelopment that these blighting conditions began to be mitigated. As a result of redevelopment activities, the Agency installed improvements to the flood control system in order to control storm drain runoff, and facilitated the construction of contemporary sewage facilities. However, these problems continue to persist despite the Agency's best efforts to remove such ® conditions. In order to address these blighting conditions that persist in the Project Area, continued Agency intervention will be necessary. Section B of this Report examined these conditions, which were originally cited in the 1983 Report to Council and which continue to persist in the Project Area. In fact, because neither the private sector nor local government, through financing techniques other than redevelopment, have the capacity or capabilities to undertake redevelopment projects, much of the same physical and economic blight has been exasperated over the past 11 years. Thus, only a portion of the blight indicated in the 1983 Report to Council has been eliminated. As recent history has proven, blighting conditions in the Project Area, such as the continued economic dislocation and stagnation of the Village area, increasing numbers of deteriorating housing, and insufficient infrastructure, will only be alleviated through direct Agency redevelopment activities. Rosenow Spevacek Croup, Inc. La Quinta Redevelopment Agency February 14, 1995 D-1 Report to Council Stagnant Economic Growth in the Village Area 0 Because the Agency's redevelopment programs in the Project Area have focused on affordable housing, flood control, and sewer system improvement programs, other blighted portions of the Project Area have not benefited from redevelopment. The Village area is a particular example of this circumstance; little development in this downtown core of the City has occurred since the Project was created 11 years ago. Thus far, commercial development in the Village generally has been of a sporadic nature, without any uniformity in design. The exception to this is the recent construction of a community retail center. This particular project was the result of an owner participation agreement between the developer and the Agency. Section B of this Report described how the future economic prosperity of the Village is predicated on the assembly of many small parcels of property under multiple ownership. The private sector cannot overcome the land acquisition expense associated with assembling these separately owned parcels in order to develop an economically feasible commercial project in the Village. Assembly of these properties will be particularly difficult if one property owner does not desire to sell, and thus the potential development is stalled as a result. The private sector has opted to look to other environs of the City or the greater Coachella Valley, to acquire larger parcels under sole ownership. Thus, since 1983, private sector development has been limited to two projects on small, single parcels and absent Agency assistance in assembling the required properties, this condition will continue to persist. Under the Amended Plan, the Agency can assist in the required assembly pursuant to its renewed power of eminent domain. In addition to the difficulty of assembling parcels, the Village lacks the infrastructure and aesthetic appeal to attract new businesses. The cost to install improved sewer and storm drain systems, widen and redesign streets, construct traffic signals, and other amenities compounds the expensive land acquisition costs and are too large to be born by a single developer. The City has limited success in installing these necessary improvements in the Village because it does not generate sufficient infrastructure, gas tax, or road funds to finance such improvements. The only Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, I995 tD-2 Report to Council sufficient funding mechanism could be a special assessment district, which would be counterproductive to the development of the Village due to the resulting higher development costs. Therefore, Agency assistance is required in order to construct the necessary traffic and other public improvements so as to increase the development potential of the Project Area without burdening the properties with added costs. Further, the Agency must also participate in redevelopment projects involving land assembly through the application of its ability to acquire property through various means, including eminent domain. In this manner, the development of the Project Area can be facilitated by the Agency to provide the private sector an opportunity to build projects and achieve a reasonable return on investment. Substandard Housing In December, 1994, the Agency adopted a Ten -Year Housing Affordability Compliance Plan (the "Compliance Plan") which identified the affordable housing obligations of the Agency. The Compliance Plan is incorporated into the Five -Year Implementation Plan, which is incorporated under Section C of this Report. This Compliance Plan sets forth a variety of programs which are to be implemented by the Agency in order to meet its projected affordable housing production need of 1,555 units in the Project Area over the next 10 years. These activities include rehabilitation efforts to repair dilapidated, deteriorated, and neglected housing units in the Project Area. The Compliance Plan points to the fact that the funding of these housing programs will be primarily the responsibility of the Agency, through the use of its Housing Fund revenues. While the City will continue to seek other funding sources to supplement these resources, the City is faced with budget constraints that prevent its ability to offer assistance. Federal funding through Community Development Block Grants, HOME, and other federal housing programs has been reduced significantly from their peak in the early 1970s. The State also administers a variety of housing programs; however, recent budget constraints at the State -level have reduced the pool of Rosenow Spevacek Group, Inc La Quinta Redevelopment Agency February 14, 1995 D-3 Report to Council funds available. While federal and state housing funding has been cut, competition for the smaller pool of funds has increased, thus reducing the likelihood that such resources can be adequate to meeting the needs of the Agency. Inadequate Public Improvements The City has managed a modest capital improvement program to coordinate public infrastructure projects in the City. However, the majority of the capital improvement projects have been deferred due to insufficient funds; as a result, traffic circulation problems have continued. Other projects which have been delayed include street lighting, traffic signal, storm drain, and park improvements. Taken together, as set forth above, the absence of these improvements degradate the entire Project Area. These public infrastructure projects cannot be carried out without tax increment revenues. Because the City has created a number of assessment districts to undertake some public projects, the community is not likely to support additional property tax assessment increases. Other City - based capital improvement funds have restricted uses and cannot be applied to assist these public infrastructure needs. Through redevelopment, the Agency can finance the repair deficient public improvements, or fund the construction of needed new facilities and infrastructure that would otherwise be delayed indefinitely. E Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 D-4 Report to Council ® SECTION E The Method of Financing and Economic Feasibility of the Project E General Financing Methods Available to the Agency Redevelopment of the Project Area is proposed to be financed with a combination of a variety of resources, including: • Financial assistance from the City, County, State of California and/or Federal Government; • Tax increment revenue; • Agency bonds; • Proceeds from lease or sale of Agency -owned property; • Loans from private financial institutions; and • Any other legally available source. The more typical sources of redevelopment financing that have been employed with the Project are described below. Financial Assistance from the City, County. State and/or the Federal Government Historically, the Agency has received loans and advances from the City for planning, construction, and operating capital for administration of the Project until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. Typically, such monies are used to meet short-term cash flow needs as the City's General Fund cannot carry extensive levels of Agency debt at the risk of threatening the City's own cash balances. Rosenow Spevacek Group, Inc La Quinta Redevelopment Agency February 14, 1995 E-1 Report to Council As available, other funds such as state gas tax funds and federal Community Development Block • Grants were, and will continue to be used, as appropriate, to pay the costs of Project implementation. The Agency and City will also continue to work together to pursue other available grants and loans. The City or other public agency may also issue bonds on behalf of the Agency and provide in -kind assistance. As an example, the Agency has been successful in cooperating with the Coachella Valley Water District (the "Water District") on mutually beneficial projects within the Project Area. The costs of these projects have been shared with the Water District. Tax Increment Revenue The Agency will continue to use property tax increment as provided for in Section 33670 of the Law as the primary financing mechanism to implement the Project. Tax increment revenue may only be used to pay indebtedness incurred by the Agency; indebtedness includes principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, redevelopment activities. The Amendment would increase the amount of tax increment revenue the Agency may receive from the Project from $300.0 million to $2.0 billion. Tax increment revenues from the Project are distributed to an array of existing Agency obligations. As required by Section 33334.3 of the Law, twenty percent (20%) of Project tax increment revenue is deposited into the Housing Fund for the purposes of improving and expanding the supply of affordable housing. Low and Moderate Income Housing Funds have been used by the Agency to fund infrastructure costs associated with the construction of single and multifamily housing, to purchase and write -down the cost of land, and to subsidize mortgage and rental payments. The level of housing activities in the Project Area is expected to increase dramatically under the Amended Plan, due to the issuance of bonds that will be funded with future Low and Moderate Income Housing Fund revenue. E Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 IE-2 Report to Council 11 11 Redevelopment Fund monies, the remaining 80% of the tax increment revenue, have been used to pay for taxing entity obligations, nonhousing programs, and bond debt service costs. Remaining Redevelopment Fund revenue will finance some of the proposed infrastructure and land acquisition efforts within the Project Area. Without the Amendment, the Agency will have limited ability to fund additional redevelopment and housing projects. The cumulative tax increment limit of $300.0 million is projected to be achieved in fiscal year 2008-09. To date, the Agency has collected a total of $59.6 million in tax increment revenue from the Project; the Agency is projected to receive an additional $240.4 million during the next 14 years (based upon a modest 5% annual growth rate of Project Area assessed values). However, of this amount, the Agency would only retain a small portion to undertake additional nonhousing redevelopment projects. A projection of Project tax increment the Agency would receive pursuant to the Existing Plan, without the adoption of the proposed Amendment, is presented in Table E-1; the chart below summarizes the projected disposition of these monies. ANALYSIS OF AVAILABLE REDEVELOPMENT FUNDS EXISTING PLAN Tax Increment Revenue Limit: $ 300.0 Million Revenue Collected to Date: 59.6 Million Tax Increment Revenue Remaining: $ 240.4 Million 100% Disposition of Available Revenue: Housing Set -Aside Bond Debt Service Taxing Entity Payments Subtotal $ 48.1 Million 20% 58.4 Million 24% 116.0 Million 48% $ 222.5 Million 92% Redevelopment Funds Remaining $ 17.9 Million 8% Present Value @ 7% $ 10.6 Million Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February I4, 1995 E-3 Report to Council As stated, the Amendment proposes to increase the tax increment limit to provide additional financial capacity to achieve the Agency's redevelopment and housing objectives. Table E-2 presents a projection of tax increment revenue, if the Amendment is adopted; the chart below summarizes the anticipated disposition of these funds. ANALYSIS OF AVAILABLE REDEVELOPMENT FUNDS AMENDED PLAN Projected Gross Tax Increment Funds: $ 1,944.8 Million 100% Disposition of Projected Revenue: Housing Set -Aside $ 389.0 Million 20% Bond Debt Service 58.4 Million 3% Taxing Entity Payments 959.7 Million 49% Subtotal $ 1,407.1 Million 72% Redevelopment Funds Remaining $ 537.7 Million 28% Present Value @ 7% $ 103.5 Million Aeencv Bonds Under the Amended Plan, the Agency will have an expanded capacity to issue bonds and/or notes for any of its corporate purposes, payable in whole or in part from tax increment revenue. Historically, bond debt has been an integral component of the Agency's financing program to eliminate blight in the Project Area. The Agency's two outstanding bond issues, the Series 1991 Tax Allocation Bonds and the Series 1994 Tax Allocation Refunding Bonds, have leveraged tax increment revenues for the purpose of constructing improvements to the flood control facilities. Total current outstanding Project bond debt is $34.8 million, $200,000 below the Existing Plan's $35.0 million limit. In order to advance the redevelopment of the Project Area, the Agency must be permitted the capability of issuing additional bonds or notes. Financial analysis of the Project's Housing and Redevelopment Fund revenue projections indicate a capacity to support a bond debt limit or $200.0 million. This limit is proposed to be embodied in the Amended Plan. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 E-4 Report to Council Proceeds from the Lease or Sale of Agency -Owned Property The Agency may sell or lease its property holdings as a component of Project implementation. Participation in Development If the Agency enters into agreements with property owners, tenants, and/or other developers which provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay Project implementation costs. To date, no agreements of this nature have been executed. Other Available Sources Any other loans, grants, or financial assistance from the federal and state levels, or any other public or private source, will be utilized as available and appropriate. Because of budget strains on these funding sources, such monies cannot be relied on to program future housing or nonhousing needs. The Agency will also consider use of the powers provided by Chapter 8 (Redevelopment Construction Loans) commencing with Section 33750 of the Law to provide construction funds for appropriate projects. Where feasible and appropriate, the Agency may use assessment district and/or Mello -Roos bond financing to pay for the costs of public infrastructure, facilities, and operations. Economic Feasibility Analysis Section A details approximately $294.0 million in potential redevelopment projects and programs needed to improve the Project Area's infrastructure, public facilities, overall economic viability, and the affordable housing stock. These cost estimates are based on current 1994 dollars. Because projects will be initiated over the life of the Amended Plan, cost depletion will occur. In addition, the Agency will also incur financing expenses associated with the issuance of 40 bonds and notes, which will be a primary mechanism to fund these programs, and costs to Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 E-5 Report to Council administer project/program implementation activities. Assuming the Agency finances the nonadministrative costs through the issuance of tax allocation bonds, total project costs will increase. The table below forecasts the financing project, and administration costs. ESTIMATED PROJECT FINANCING AND ADMINISTRATION COSTS Redevelopment Project Category Housing Non -Housing TOTAL Project Costs $ 142,584,568 $ 151,405,620 $ 293,990,188 (See Exhibit A-3) Financing Costs $ 224,901,432 $ 244,944,170 $ 469,845,602 Project Administration $ - $ 60,000,000 $ 60,000,000 Total Project Costs $ 367,486,000 $ 456,349,790 $ 823,835,790 NOTES: Financing Costs based on issuance of 25•year, tax allocation bonds. Assumptions: 8.0%interest rate, 10%Cost of Issuance/Reserve Fund 11 Housing financing costs are estimated at $224.9 million, increasing the total cost of housing projects to $367.5 million. In addition, the Agency could incur up to $245.0 million in nonhousing financing and project administration costs, for a total cost of $456.3 million. Implementing the projects proposed by the Amendment will cost a projected $823.8 million. Project implementation, and specifically new development throughout the Project Area, will generate tax increment revenue. Tax increment revenue is generated by increases in the assessed value of property located in the Project Area over and above the Project's base year assessed value, which was established in 1983 in connection with the adoption of the Existing Plan. Projections of future tax increment revenue collections over the duration of the Amended Plan are presented on Table E-2. The projections assume a 6.25% annual growth rate, which is well below the average historical growth rate of 10% or greater per year, but does correspond to Project Area growth rates experienced during the past three years. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 E-6 Report to Council Generally, tax increment revenue is allocated to housing and nonhousing projects. The Agency will continue to fully fund its housing obligations in the manner required by Law, allocating 20% of the tax increment revenue to finance affordable housing programs. As indicated in the projections, it is anticipated that the Project Area will generate a cumulative total of $389.0 million in housing fund revenue over the duration of the Amended Plan. Approximately $10.8 million of this revenue will be needed to fund existing debt service commitments. After debt service, the cumulative net housing fund revenue is projected to be $378.1 million. This compares to a projected housing program cost of $367.5 million; thus, the Project would have the projected capacity to fully fund the housing programs proposed by the Amendment. The remaining 80% of the Agency's tax increment revenue constitutes the Project's nonhousing redevelopment fund. These funds are used for a variety of purposes including financing administrative and program costs, debt service costs, and taxing entity payments. Presently, the Agency is providing fiscal mitigation payments to various taxing entities with whom it has Ak entered into agreements, including the County, the Coachella Valley Unified School District, Desert Sands Unified School District, Desert Community College District, Coachella Valley Mosquito Abatement District, and the Coachella Valley Water District. Under the Arnended Plan, these taxing entities will continue to receive fiscal mitigation revenue as provided tinder the respective existing agreements. Section 33607.7 of the Law requires that the Agency remit further statutory payments to all other affected taxing entities which do not have an agreement with the Agency as set forth therein. Specifically, the Agency is required to remit a portion of its future redevelopment fund revenue to the following districts: Coachella Valley Recreation and Park District, Coachella Valley Cemetery District, Riverside County Superintendent of Schools, and the Coachella Valley Resource Conservation District. These payments would commence when the Agency achieves the $300.0 million tax increment limit embodied in the Existing Plan. Rosenow Spevaeek Croup, Inc. La Qulnta Redevelopment Agency February 14, 1995 E-7 Report to Council As shown on Table E-2, the cumulative gross redevelopment fund revenue to be collected by the Agency under the Amended Plan is approximately $1.56 billion. Of this amount, a total of $58.4 million would fund existing debt service obligations, and $857.2 million would be paid to various affected taxing entities pursuant to the existing fiscal mitigation agreements. In addition, the redevelopment fund would be obligated to pay an additional $102.5 million to other affected taxing entities pursuant to the statutory payments as provided by the Law. Therefore, the net available redevelopment funds available for future nonhousing redevelopment programs, projects, and activities is approximately $537.7 million, or 28% of the gross tax increment revenue. The Amendment identifies $456.3 million of nonhousing redevelopmentleconomic development projects and administrative costs. Given that projected revenues exceed projected expenditures, the Agency should be able to fully fund the nonhousing projects/programs proposed by the Amendment, and have additional funds to implement additional economic development projects not envisioned at this time. Reasons for the Provisions of Tax Increment A recent analysis of the City's General Fund revenue structure has shown that the City cannot support financing the costs of the needed public improvements. Most of the City's property taxes are allocated to the Agency; current sales tax revenue is minimal, and future revenue is largely predicated on new commercial development. Exhibit E-1 illustrates City General Fund revenue and expenditures over the past seven years. C, J Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 E-8 Report to Council CORRELATION OF PROJECT COSTS TO THE PROPOSED INCREASE IN THE TAX INCREMENT REVENUE LIMIT The financial commitments of the Agency can be grouped into four categories: taxing entity payments, housing projects, existing debt service obligations, and nonhousing projects/administration. Of these obligations, only the latter is discretionary in nature. Other financial commitments of the Agency are predetermined and generally not subject to modification. Thus, the amount of tax increment needed to finance the Project is determined by the cumulative costs of the Agency's proposed nonhousing programs. Section A of this Report enumerates these nonhousing projects; when combined with the associated financing costs, total approximately $456.4 million. In order to collect sufficient tax increment revenue to fund these nonhousing projects in light of the Agency's other financial obligations, a total of $2.0 billion of tax increment revenue will be needed over the duration of the Amended Plan. ® The projected Project obligations for the duration of the Amended Plan are as follows: • Taxing Entity Payments $959.7 million • Housing Projects 367.5 million • Nonhousing Projects/Administration 456.4 million • Existing Debt Service Obligations 58.4 million Total $1,842.0 million Based upon the above listed obligations, a $2.0 billion tax increment revenue limit is required in order to fund the housing and nonhousing projects proposed by the Amendment, and taxing entity obligations. Rosenow Spevacek Croup, Inc. 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O r b �O r m P P N O r Vi Q Q b P h b r M M N M Vf O O M r b r O Vl N N Q b r Q O m M Vl n N N m i0 b O i0 r r N P Q m Q N l7 r m P N M r m_ O_ N_ Q_ b m M M b P N b P m r r y O N 10 N OI m_ O _ M b r m P O r N m Q Vl ID r m P O r N^ m P 0 N M Q V V m 91 P P Ol P O O O O O O O O O O -- N N N N N N N N N N m t1 m O� O- N m Q N 10 O- N N m m m e `a ® SECTION F The Relocation Plan On February 6, 1995, the Agency adopted Resolution No. RA95-02 and thereby approved the Method of Relocation for the La Quinta Redevelopment Project As Amended by Amendment No. 1 (the "Method of Relocation'. The Method of Relocation is attached hereto and incorporated herein. Because no specific projects requiring relocation can be identified at this time, it is not feasible to identify specific businesses, residences, or local community institutions which may need to be relocated at some time during the implementation process. If relocation activities are undertaken, the Agency will handle those relocation cases which result from project activities on an individual case -by -case basis. As an Agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 ® through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines (the "State Guidelines") as established in the California Administrative Code, Title 25, Chapter 6. In 1989, the State Relocation Law was amended by Assembly Bill 324 to bring State Relocation Law in conformance with federal regulations. Prior to commencement of any acquisition activity which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project .Such supplemental policies will not involve reduction but instead enhancement of the relocation benefits required by State Law. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 F-1 Report to Council ® RESOLUTION NO. RA 95-02, RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AND ADOPTING A METHOD OF RELOCATION FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 WHEREAS, the City Council of the City of La Quinta. California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994, and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law. California Health and Safety Code Sections 33000, et seq.(the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment ("Amendment No. l ") to the Redevelopment Plan; and WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, Section 33411 of the Community Redevelopment Law provides that the Agency shall prepare a feasible method or plan for relocation of all of the following: (a) Families and persons to be temporarily or permanently displaced from housing facilities in the project area; and (b) Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area: and WHEREAS. Section 33352(f) of the Community Redevelopment Law requires that the Report submitted to the City Council in connection with the Amended Redevelopment Plan include a method or plan for the relocation of families and persons to be temporarily or permanently displaced from the Amended Project Area; and WHEREAS, pursuant to Resolution No. RA-83-20, the Agency adopted Relocation Assistance Guidelines (the "Original Guidelines") in connection with the adoption of the Redevelopment Plan; and ® WHEREAS, the Original Guidelines adopt the State Relocation Guidelines which have subsequently been amended; and PUBL:23246_1 14241 B2338.42 Resolution No. RA 95-02 WHEREAS, the Agency desires to adopt the Method of Relocation attached hereto as Attachment "A" in order to adopt the State Relocation Guidelines, as amended, as the Method of Relocation applicable to the La Quinta Redevelopment Project as Amended by Amendment No. t in conformance with the Community Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as follows: Section 1. The La Quinta Redevelopment Agency hereby approves and adopts the "Method of Relocation for the La Quinta Redevelopment Project as Amended by Amendment No. l" (the "Method of Relocation") attached hereto as Attachment "A" and incorporated herein by reference as the Method of Relocation for the La Quinta Redevelopment Project as. Amended by Amendment No. 1. Section 2. The Method of Relocation supersedes and replaces the Original Guidelines. Section 3. The Secretary of the Agency shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held the 7th day of February , 1995, by the following roll call vote: AYES: Board Members Pena, Perkins, Chairman Sniff: NOES: None ABSENT: None ABSTAIN: Board Members Bangerter, Cathcart Chairman, La Quinta Re velopment A� r, A7ST: a ' "gency Clerk APPROVED AS TO FORM: DAWN HONEYWEL , City Attorney and Agency Special Counsel PUBL:23246 114241 B2338.42 2 Resolution No. RA 95-02 11 i ATTACHMENT "A" METHOD OF RELOCATION FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 With regard to the adoption and implementation of the Redevelopment Plan for the La Quinta Redevelopment Project No. l as amended by Amendment No. 1 (the "Plan"), the La Quinta Redevelopment Agency (the "Agency") is the public agency responsible for relocation. Sections 33352(f) and 33411 of the Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. (the "Law") require that the Agency prepare a method or plan for the relocation of families located within Project No. I (the "Project Area") and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. The Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local realtors, social agencies, and civic organizations. The Agency does not anticipate that implementation of the Plan will dislocate businesses. residents, or local community institutions; however, it may be necessary for the Agency to undertake relocation actions at some time during project implementation. As such, specific businesses, residents, or local community institutions to be relocated cannot be identified at this time. If relocation activities are undertaken, the Agency will handle those relocation cases which result from project activities on an individual case -by -case basis. As provided in Section 33411.1 of the Law, the Agency shall not displace persons or families of low and moderate income unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. It is the Agency's stated objective that if relocation is necessary, all site residents be rehoused with a minimum of hardship; in accommodations which are decent, safe, sanitary and suitable to their individual needs; located in areas not less desirable than the Project Area in regard to public utilities and public and commercial facilities; reasonably accessible to their places of employment; and priced -within their financial means. As an Agency formed under the provisions of State Law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulation, Title 25, Chapter 6. In 1989, the State Relocation Law was amended by Assembly Bill 324 ("AB 324") to bring State Relocation Law in conformance with federal regulations. ® Therefore, in conformance with Sections 33352(I) and 33411 of the Law, the Agency adopts, as its "Method of Relocation" the State Guidelines in concert with the applicable changes made by the AB 324 amendments to the State Relocation ruBL:23246_114241 B2338.42 Resolution No. RA 95-02 Law. A copy of the State Guidelines is incorporated herein as Exhibit "A" and the State Relocation Law as Exhibit "B". Prior to commencement of any acquisition activity which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet the particular relocation needs of a specific project. Such supplemental policies will not involve reduction, but instead enhancement, of the relocation benefits required by State Law. PUBL:23246_ 114241 B2338.42 ® EXHIBIT "A" STATE GUIDELINES EXHIBIT "A" PUBL:23246_1 �4241 B2338.42 Title 25 Department of Housing and Communitv Development Programs 16008 J L Chapter 6. Department of Housing and Community Development Programs Subchapter 1. Relocation Assistance and Real Property Acquisition Guidelines Article 1. General 11 6000. Order of Adoption. This subchapter thereinafter referred to as the "Guidelines") is adopted pursuant to the provisions of Section 41135. Health and Safctv Code, in order to implement, interpret and to make specific provisions of Division 7, commencing with Section 7260 of the Government Code (hereinafter referred to as the "Act"), relating to relocation assistance, last resort housing and real property acquisition. Not£ Audarir) cited for Chapter 6: Sections 41134, 41135, and 41226, Health and Safety Code. Reference: Swum 7260 et seq., Government Code; 41134, 41135, and 41226, Hnith and Safety Code. Ihsroav I. Amndmenl filed 11-5-76 as an emergency; designated effealve 11-27-76 (Register 76, No. 44). For prior history, see Register 76. No. 44. 2. Redesignauon of Chapter 6 (Sections 6000.6198, not consecutive i to Chapter 6, Subchapter I (Sections 6000-6198, not consecvuve t rikd 1-28-77 as proce- dural and organuaumal; effective upon filing (Register 77 No. 5). 3. Amendment filed 1-28-77 as procedural and organuniumal; effective upon fil- ing (Register 77, No. 5). 4. Cute of Compliance as in filing of 11-5-76 filed 2-16-77 (Register 77. No. 8). 16002. Statement of Purpose and Policy. (a) The purpose of the Guidelines is to assist public entities in the dc- velopment of regulations and procedures implementing the Act. (b) The Guidelines are designed to carry out the following policies of the Act: (1) To ensure that uniform, fair and equitable treatment is afforded per- sons displaced from their homes, businesses or farms as a result of the ac- tions of a public entity in order that such persons shall not suffer dispro- portionate injury as a result of action taken for the benefit of the public as a whoic; and (2) In the acquisition of real property by a public entity, to ensure con- sistent and fair treatment for owners of real property to be acquired, to encourage and expedite acquisition b-v agreement with owners of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition. (c) A public entity shall not participate in or undertake a project that will displace individuals from their homes unless comparable replace- ment dwellings (see subsection 6008(c)) will be available within a rea- sonable period of time prior to displacement. (d) The Guidelines are intended to establish only minimum require- ments for relocation assistance and payments. They shall not be con- strued m limit any other authority orobligauon which a public enuty may have to provide additional assistance and payments. (O The Act and the Guidelines areintended forthe benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs de- signed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be con- strued to effect this intent. ¢ 6004. Applicability and Supersedure. (a) (1) Except as otherwise noted in this section, the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date, January 1, 1977. A public entity may determine that the Guidelines shall at an earlier date be applicable to its displacement and acquisition. (2) With respect both to redevelopment activities undertaken pursuant to a plan or amendment adopted prior to January 1, 1976 and to the acqui- sition of real property located within the California coastal zone (as de. fined in Public Resources Code, Section 30103, Stats. 1976, c. 1330) for use as park lands or open space, the provisions of the Guidelines specifi- cally relating to last wort housing shall not be effective until January I, 1978. (b) These Guidelines supersede those adopted by the Commission of Housing and Community Development on October 17, 1973. The guide- lines so superseded shall not apply to any displacement cr acquisition oc- curring on or after the effective date of these Guidelines. Any such dis- placement or acquisition shall be governed solely by these Guidelines. The provisions of these Guidelines, however, shall not be construed retroactively to apply to action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obliga- tions imposed by the Act and the action is in compliance with the requirc- ments of the Act and the existing Guidelines. For the purpose of this sec- tion the term "action" shall include but is not Limited to: the provision of information, notice, other assistance, comparable replacement housing, payments and other benefits; the preparation of relocation and lastresort housing plans, including the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the acquisition of property for public use. HIMRv 1. Amendment of subsecuon (b) filed 11-5-76 as :to emergency; designated ef- fective 11-27-76 (Register 76, No. 44). 2. Certtfiwte of Compliance filed 2-16-77 (Regssier 77, No. 8). 4 6006. Regulations. (a) Each public entity before undertakingor participating in activity which will result in the displacement of persons shall adopt rules and reg- ulations that implement the requirements of the Act, are in accordance with the provisions of the Guidelines, and prescribe additional proce- dures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines. (b) Rules and regulations issued under this section shall be promptly revised as necessary, to conform to any amendment of the Act or Guide- lines. 5 6008. Definitions. The following terms shall mean: (a) Acquisition. Obtaining ownership or possession of property by lawful means. (b) Business. Any lawful activity, except a farm operation, conducted primarily. ( I ) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodi- ties, or any other personal property; (2) For the sale of services to the public; (3) By a nonprofit organization; or (4) Solely for the purpose of a moving expense payment (see section 6090). for assisting in the purchase, sale, reside, manufacture, process- ing, or marketing of products, commodities, personal property, or ser- vices by the erection and maintenance of an outdooradverusing display, whether or not such display is located on the premises on which any of the above activities are conducted. (c) Comparable Replacement Dwelling. A dwelling which satisfies each of the following standards: (1) Decent, safe and sanitary (as defined in subsection 6008(d)J, and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of concoction, but not lesser in rooms or living space than necessary to accommodate the displaced person. (2) In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally Page 261 14-1-941 6008 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 El I . less desirable than the acquired dwelling with respect to public utilities. public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the dis. placed person's present or potential place of employment: provided that a potential place of employment may not be used to satisfy the accessibil- ity requirement if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelline with respect to environ- mental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse cr.•, ironmental conditions, neither is a public entity required to duplicate environmental characteris- tics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within m nearto his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship. (3) Available on the private market to the displaced person and avail- able to all persons regardless of race. color, sex, marital status, religion, or national origin in a manner consistent with Title VM of the Civil Rights Act of 1968. (4) To the extent practicable and where consistent with paragraph (c)(1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. (5) Within the Financial Means of the Displaced Person. A replace. ment dwelling is within the financial means of a displaced person if the monthly housing cost (including payments for mortgage, insurance and property taxes) or rental cost ( including utilities and other reasonable re- curring expenses) minus any replacement housing payment available to the person (as provided in sections 6102 and 6104) does not exceed twen- ty—five percent (25%) of the pcoon's average monthly income (as de- fined in subsection 60080 )). A mplamnicradwelling is within the finan- cial means of adisplawd person also if the purchase price of the dwelling including related increased interest costs and other reasonable expenses (as described in section 6102) does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replace- ment housing payment available to the person (as provided in section 6102). If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. (d) Decent. Safe and Sanitarv. (1) Housing in sound, clean and weather tight condition, in good repair and adequately maintained, inconfotmance with the applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following mini- mum standards: (A) Each housekeeping unit shall include a kitchen with a fully usable sink a stove or connection for a stove, a separate and complete bathroom. hot and cold running water in both bathroom and kitchen, an adequate and safe wiring system for lighting and other electrical services and heating as required by climatic conditions and local codes. (B) Each nonhousekeeping unit shall be in conformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living. (2) When the term decent, safe and sanitary is interpreted, under local, state or federal law, as establishing a higherstandard, the elements of that higher standard- which exceed the provision of paragraph (1) of this sub- section, are incorporated herein. (e) Department. Department of Housing and Community Develop- ment. (f) Displaced Person. Any person who moves from real property, or who moves his personal property from real property, either as a result of the acquisition of such real property, in whole or in part, by a public entity or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from a public entity to vacate the real property, for public use. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are dis- placed as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to cam out the public use. (g) Dwelling. The place of permanent or customary and usual abode of a person, including a single—fatttily dwelling, a single—family unit in a two—family dwelling, multi —family or multipurpose dwelling, a unit of a condominium or cooperative housing project, a nonhousekceping unit, a mobdehome, or any other residential unit which either is considered to be real property under State law orcannot be moved without substantial damage or unreasonable cost. A residcnco need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the pur- pox of establishing eligibility for payment for moving and related ex. penes (as provided in section 6090). (h) Economic Rent. The amount of rent a tenant or homeownerwould have to pay for a dwelling similar to the acquired dwelling in a compara- ble area. (i) Elderly Household. A household in which the head of household or spouse is 62 years or olds. (j) Family. Twoormore individualswho by blood, marriage, adoption, or mutual consent five together as a family unit. (it) Farm Opereti.,n. Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, includ- ing timber, for sale or home use, and customarily producing such prod- ucts or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (1) Gross Income. Gross income means the total annual income of an individual, or where a family is displaced total annual income of the par- ents or adult heads of household, less the following: (1) A deduction of S500 for each dependent in excess of three. (2) A deduction of ten percent (10%) of total income for an elderly or handicapped household. (3) A deduction for recurring, extraordinary medical expenses, de- fined for this purpose to mean medical expenses in c xcess of three percent of total inwmc, where not compensated for or covered by insurance or other sources, such as public assistance or tort recovery. (4) A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determncd to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the person thus re- leased. Gross income is divided by twelve to ascertain the average monthiv income. Relocation and property acquisition payments we not to be con- sidered as income for the determination of financial means. (m) Handicapped Household. A household in which any member is handicapped or disabled. (n) Initiation of Negotiations. The initial written offer made by the ac- quiring entity to the ownerof real property to be purchased, or the own- cr's representative. (o) Mobile Home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwell- ing with or without a permanent foundation when connected to the re- quired utilities, and includes the plumbing, heating, air—conditioning, and electrical systems contained therein. A self—propelled vehicle is not a mobile home. (p) Mortgage. Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments. if any, seemed thereby. (q) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: Page 262 a-1_sou Title 25 Department of Housing and Community Development Programs ¢ 6020 III I 11 (1) A fee title. (2) A life estate. (3) A 50-year lease. 14) A lease with at least 20 years to run from the date of acquisition of the property. (5) A proprietary interest in a cooperative housing project which in- cludes the right to occupy a dwelling. (6) A proprietary interest in a mobilchome. (7) A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law, the tenure of owner- ship, but not occupancy, of the succeeding owner shall include the tenure of the preceding owner. (r) Person. Any individual, family, partnership,corporetion, orassoci- ation. (a) Public Entity. Includes the state, the Regents of the University of California, acounty, city,city and county, district, public authority, pub- lic agency, and any other political subdivision or public corporation in the state when acquiring real property, orany interest therein, or ordering that acquired property be vacated, in any city or county for public use. (t) Public Use. A use for which property may be acquired by eminent domain. (u) Tenant. A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another. ¢ 6010. Prior Determinations. (a) Displacement. No public entity may proceed .vith any phase: of a project or other activity which will result in the displacement of any per- son, business or farm until it makes the following determinations: (1) Pair and reasonable relocation payments will be provided to eligi- ble persons as required by Article 3 of the Guidelines. (2) A relocation assistance program offering the services described in Article 2 of the Guidelines will be established. (3) Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedon:s. including grievance proce- dures, provided for in these Guidelines. (4) Based upon recent survey and analvsis of both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replace- ment dwellings will be available, or provided, if necessary, within a rea- sonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them. (5) Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex. marital sta- tus, or national origin with minimum hardship to those affected. (6) A relocation plan meeting the requirements of section 6038 has been prepared. (b) Acquisition. No public entity may proceed with any phase of a proj- ect or any other activity which will result in the acquisition of real proper- ty until it determines that with respect to such acquisition and to the great- est extent practicable, (1)Adequate provisions have been made to be guided by the provi- sions of Article 6 of the Guidelines, and (2) Eligible persons will be informed of the pertinent benefits, policies and requirements of the Guidelines. FbMRY 1. Amendment of subsection (b) filed 11-5-76 as an emergency; designated ef- fective 11-27-76 (Register 76. No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 16012. Citizen Participation. (a) All persons who will be displaced, neighborhood groups and any relocation committee shall be given an opportunity and should be encour- aged fully and meaningfully to participate m reviewing the relocation plan and monitoring the relocation assistance program. (b) When a substantial number of persons will be displaced from their dwellings the public entity shall encourage the residents and community organizations in the displacement area to form a relocation committee. The committee shall include, when applicable, residential owner occu. pants, residential tenants, business people, and members of existing orga- nizations within the area. In lieu of initiating a new process of citizen par- ticipation, public entities which have conducted or an: conducting a citizen participation process as part of an existing development program may substitute such process if it satisfies the requirements of this section. If a substantial number of persons will not be displaced from their dwellings, the public entity shall at least consult with and obtain the ad- vice of residents and community organizations and make the relocation plan available to such persons and organizations priorto submitting it to the legislative body for approval. (See section 6038.) (c) At a minimum the displacing entity shall guarantee the following: (1) Timely and full access to all documents relevant to the relocation program. A public entity may reasonably restrict access to material where its confidentiality is protected by law cr its disclosure is prohibited by law. The displacing entity shall ensure that the information in documents the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not affect the right of the person to which the information relates for any other person authorized in writing by such person) to inspect such documents. (2) The provision of technical assistance necessary to interpret cle- ments of the relocation plan and other pertinent matenals. (3) The right to submit written or oral comments and objections, in. cluding the right to submit written comments on the relocation plan and to have these comments attached to the plan when it is forwarded to the local legislative body or the head of the state: agency for approval. (4) Prompt, written response to any written objections or criticisms. § 6014. Prerequisite to Displacement. No person shall be displaced until the public entity has fulfilled the ob- ligations imposed by the Act and Guidelines. 4 6016. Remedies. (a) If the public entity has not fulfilled or is not substantially fulfilling its relocation responsibilities, it shall cease displacement until such time as its responsibilities are fulfilled. When appropriate project implcmen- tation shall be suspended or terminated. (b) Eligible persons who move without of fen of assistance and bene- fits, after the public entity was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The displacing entity shall make every effort to identify and locate such persons. (c) A public entity may pay a complainant's moroey's fees and costs and is encouraged to consider doing so when a complainant institutes a successful administrative appeal or judicial action. (d)The enumeration of remedies in this section is not intended to dis- courage or preclude the use of other remedies consistent with the intent of the Act and Guidelines. Rather a public entity is encouraged to consid- er and adopt other remedies. 4 6018. Priority of Federal law. If a public entity undertakes a project with federal financial assistance and consequently must provide relocation assistance and benefits as re- quired by federal law, the provisions of the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance and benefits is not imposed by federal law the provisions of the Act and Guidelines shall apply. 16020. 9everabllity. If any provision of the Guidelines or the application thereof is held in- valid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the invalid provision or application, and to this end the provisions of the Guidelines are severable. Page 263 (414O) 16030 BARCLAYS CALIFORNIA CODE OF REGULATIONS Tine rc 11 Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing ¢ 6030. Purpose. The purpose of this pan is to set forth requirements with respect to the development and implementation of a relocation assistance advisory pro- gram for the provision of specified services and to prescribe the obliga- tion of a public entity not to displace orcause the displacement of any per- son from his dwelling without adequate notice and unless comparable replacement housing is available. 16032. Relocation Assistance Advisory Program. Public entities shall develop and implement a relocation assistance ad- visory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act and the Rumford Act. Such program shall be administered so u to provide advisory services which offer max- imum assistance to minmum the hardship of displacement and to ensure that (a) all persons displaced from their dwellings are relocated into hous- ing meeting the criteria for comparable replacement housing, and (b) all persons displaced from their places of business or farm operations are as- sisted in reestablishing with a minimum of delay and loss of earnings. 16034. Eligibility. (a) Relocation assistance and benefits shall be available to: (1) Any person who occupies property from which he will be dis- placed. (2) Any person who will move from real property orwill move his per- sonal property from real property, because he will be displaced from oth- er real property on which he conducts a business or farm operation. (3) Any person who moves from real property as a result of its acquisi- tion by a public entity whether the move is voluntary or involuntary. (4) Any person who, following the initiation of negotiations, moves as the result of the pending acquisition. Such a person is eligible if the prop- erty is subsequendv acquired by the public entity; if this is not acquired, such a person, at the discrcuon of the public entity, may be declared eugi- blc. (5) Any person who moves as the result of pending acquisition by a public enuty either following receipt of a Notice of Intent to Displace 1 we section 6086) ores a result of inducement orencouragement by the public entity. (b)(1) Post —acquisition tenants, those who lawfully occupy property only after a public entity acquires it, are not eligible for assistance and benefits if, before occupying the property, they are informed by the pub- lic entity that the propene has been acquired for a public use and will be available s s housing only in the interim between acquisition and develop- ment and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. When post—ecquisi- tion tenants are so informed that they are not eligible even though they move as the result of a written order from the public entity to vacate the real property. A public entity shall inform prospective tenants regarding the pro- jected date of displacement and. periodically, should inform post —acqui- sition tenants of any changes in this projection. Persons who become post -acquisition tenants after the effective date of the Guidelines, who are not so informed and who move as the result of a written order from the public entity to vacate are eligible for assis- tance and benefits, except where they are evicted in accordance with the provisions of section 6058. (2) When the displacement of a post —acquisition tenant causes a hard- ship forthat person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or other circumsiurrce, the displacing entity may provide relocation assistance and benefits. In such hardship situations a public entity is encouraged to provide assistance and payment for moving expenses. (3) When a public entity, or property it owns, is making housing avail. able on a permanent basis (i.e.. not pending development), a post —acqui- sition tenant who moves as the result of a written order from the public entity to vacate is eligible for relocation assistance and benefits if the or- der to vacate is related to a plan to demolish orrehabilitaw such units. Sale of such units to a private person establishes eligibility without need for a written order to vacate. 16036. Rehabilitation, Demolition, Code Enforcement If a public entity undertakes a rehabilitation or demolition program or enforcement of building codes and as a result a person or business is dis- placed from privately owned property, the public entity may provide e_s- sistance and benefits, but it is not required to do so. If a person or business is displaced by such an undertaking from properly acquired by a public entity, the public entity shall provide assistance and benefits. 16038. Relocation Plan. (a) As soon as possible following the initiation of negotiations and priorto proceeding with any phase of a project or other activity that will result in displacement a public entity shall prepare a Relocation Plan and submit it for approval to the local legislative body, or in the case of a state agency, the head of the agency. When the public entity's action will only result in an insignificant amount of non—residential displacement, the re- quirements of this . cuon need not be satisfied. (b) A Relocation Plan shall include the following: (1) A diagrammatic sketch of the project area. (2) Projected dates of displacement. (3) A written analysis of the aggregate relocation needs of all persons to be displaced (as requited by section 6048) and a detailed explanation as to how these needs are to be meL (4) A written analysis of relocation housing resources (as required by section 6052). (5) A detailed desorption of the relocation advisory services program, including specific procedures for locating and referring eligible persons to comparable replacement housing. (6) A description of the relocation payments to be made (pursuant to Article 3) and a plan for disbursement. (7) A cost estimate for carrying out the plan and identification of the source of the necessary funds. (8) A detailed plan by which any last resort housing (as described in section 6054 and Article 4) is to be built and financed. (9) A standard information statement to be sent to all persons to be dis- placed (as required by section 60461. (10) Temporary relocation plans, if any. (11) A description of relocation office operation procedures. (12) Plans for citizen participation. (13) An enumeration of the coordination activities undertaken (pur- suant to section 6052). (14) The comments of the relocation committee, if any (pursuant to section 6012). (15) A written determination by the public entity that the necessary re- sources will be available as required. (c) A Plan prepared by a local public entity shall be consistent with the local housing element (prepared pursuant to California Administrative Code, Title 25, Chapter 6, Subchapter 3.) (d) In the event of delay of implementation of the relocation program, the plan shall be updated annually. (e) (1) Copies of the plan shall be submitted forreview to the relocation committee and the department 30 days prior to submission to the local legislative body or hard of state agency for approval. Copies shall be available to the public upon request. (2) General notice of the plan shall be provided. Notice shall be de- signed to reach the occupants of the property; it shall be in accordance Pace 264 (4­1-_00) Title 25 Department of Housing and Community Development Programs ¢ 6044 I1 11 with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission in the local legislative body or head of state agency for approval. FbMRe 1. Amendment of subsection (0 filed 1-28-77 as procedural and organizational: effecuve upon filing (Register 77, No. 5). 4 6640• Minimum Requirements of Relocation Assistance Advisory Program. (a) Each relocation assistance advisory program undertaken pursuant to this Article shall include, at a minimum, such measures, facilities or services as may be necessary or appropriate in order to: (1) Fully inform eligible persons under this Article within 15 days fol- lowing the initiation of negotiations for a parcel as to the availability of relocation benefits and assistance and the eligibility requirements there- for, as well as the procedures for obtaining such benefits and assistance, in accordance with the requirements of section 6046. (2) Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of section 6048. (3) Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing, meeung the criteria described in section 6008(c), sufficient in number and kind for and available to such eligible persons. (4) Provide current and continuing information on the availability, prices, and rentals of comparable sales and rental housing, and of compa- rable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for resi- dential property in the area. (5) Assist each eligible person to complete applications for payments and benefits. (6) Assist each eligible, displaced person to obtain and move to acom- parable replacement dwelling. Only adequate inspection will insure that a particular unit meets this standard. If a displaced person occupies a unit to which he is referred by the public entity and the unit does not satisfy the comparable replacement dwelling standard, the public entity has not fulfilled its obligation to assist the displaced person to obtain such a dwelling. Wheneverthis occurs the public entity shall offerto locate such adwelling forthe displaced person and to pay again all moving and related expenses. If the displaced person chooses not to move from the unit that he occupied following referral, the public entity shall not assert that he is ineligible to receive relocation as- sistance and benefits on the basis of that unit's failure to satisfy the com- parable replacement dwelling standard. (7) Assist each eligible person displaced from his business or farm op- eration in obtaining and becoming established in a suitable replacement location. (8) Provide any services required to insure that the relocation process domnotresultin difterwem:separate rratmemonaccount of race, color, religion, nauonal origin, ux, marital status or other arbitrary circum- stances. (9) Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state pro- grams, offering assistance to displaced persons. (10) Provide other advisory assistance to eligible persons in order to minimise their hardships. It is recommended that, as needed, such assis- tance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. (11) Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project, which policies shall be in accordance with the provisions of section 5058. (b) Relocation Office. When a substantial numberof persons will be displaced and the reloca- don staff's office is not easily accessible to those persons, a displacing entity is encouraged to establish at least one appropriately equipped site office which is accessible to all the area residents who may be displaced and is staffed with trained or experienced relocation personnel. Office hours should be scheduled to accommodate persons unable to visit the of. fice during normal business hours. (c) Each displacing entity shall establish aced maintain a formal gncv. mcc procedure for use by displaced persons seeking administrative re view of the entity's determinations. The procedure shall be in accordance with the requirements of Article 5. 4 6042. Replacement Housing Prior to Dlaplacemerd; Notices to Displaced Persons. (a) No eligible person shall be required to move from his dwelling un- less within a reasonable period of time prior to displacement comparable replacement dwellings (as defined in subsection 6008(c)) or, in the case of a temporary move (as defined in section 6044), adequate replacement dwellings (as defined in subsection (b) below) are available to such per- son. (b) The criteria for adequate replacement dwellings are in all respects identical to those for comparable replacement dwellings, except that an adequate replacement dwelling, with respect to the number of rooms, habitable living space and type of construction, need be only adequate not comparable. (c) Reasonable Offer of Replacement Housing. The requirements of this section shall be deemed to have been satisfied if a person is offered and refuses without justification reasonable choices of specifically identified comparable replacement dwellings which fully satisfy the enteria set forth in the Guidelines. The offers shall be in writ- ing, in a language understood by the displaced person. The numberof of- fers determined to be reasonable should be not less than three. (d) Notice. Noeligiblc person occupying property shill be required to move from a dwelling or to move a business or farm operation, without at least 90 days written notice from the public entity requiring the displacements. Public entities shall notify each individual tenant to be displaced as well as each owncr­occupant. (These requirements are in addition to those contained in sections 6040 and 6046.) (e) Waiver. The requuemcnt in subsection (a) above may be waived only when un- mediate possession of real property IScrucialof crucial importance and by one of the following circumstances: (1) When displacement is necessitated by a major disaster as defined in Section 102(2) of the "Disaster Relief Act of 1974" (88 Stat. 143, 42 U.S.C. 5121). (2) During periods of declared national cr state emergencv. 4 6044. Temporary Move. (a) General. (1) A public entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources (as defined in section 6042) but, when a project plan anticipates moves back into completed project accommodations, temporary relocauon resources may be used. at the displaced person's election for a limited period of time. (2) Temporary relocation does not diminish the responsibility of the pubic entity to provide relocation assistance, services and benefits de- signed to achieve permanent relocation of displaced persons into compa- rable replacement dwellings. (b) Requirements. (I )Temporary replacement housing may not be relied upon if compa- rable replacement housing will not be available to the displaced person within 12 months of the date of the temporary move. (2) Prior to the move, the public entity shall have determined and have provided written assurance to each displaced person that (A) Comparable replacement housing will be made available at the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing. Temporarily housed persons may agree m extend the 12 month limitation but. if they do not, the public cnti- Page 265 (a•r-aal 6046 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 ty shall ensure that compatablemplacement dwellings are available with- in the 12 month period. (B) Comparable replacement housing will be made available, on a prionty basis, to the individual or family who has been temporarily re- housed. (C) The move to temporary housing will not affect a claimant's eligi- bility for a replacement housing payment nor deprive him of the same choice of replacement housing units that would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a part of the relocation payments to which a displaced person is entitled. (D) If a project plan anticipates moves back into replacement housing accommodations in the project or program area. the person who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations. (E) The public entity will pay all costs in connection with the move to temporary housing, including increased housing costs. § 6046. Informational Program. (a) Basic Requirements. The displacing entity shall cstabbsh and maintain an information pro- gram that provides for the following: (1) Pmparauon and distribution of informational material as early as practicable. to each occupant of the property. This material shall be dis- tributed within 15 days following the initiation of mgouadons (see pars - graph 6040(a)(1)) and not less than 90 days in advance of displacement except for those situations described in subsection 6042(c). Where ap- propriate, separate informational statements shall be prepared for resi- denual and for non-residential occupants. (2) Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. (3) Utilizing meetings, newslerers, and other mechanisms, including local media available to all persons, forkeeping occupantsof the property informed on a continuing basis. The criterion for selecting among various alternatives shall be the likelihood of actually communicating informa- tion to such persons. Legal publications, legal ads in local newspapers of general circulation and similar means which may go unnoticed are deemed to be inadequate. (b) Language. Informational material should be prepared in the lan- guaget s) most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read. write, or understand English fluently, the nauvc language of the people should be used and all informational material should be provided in the native language(s) and English. (c) Method of Delivery. To assure receipt of the informational matcn- al, the local agency should arrange to have the material either hand-deliv- cmd to each occupant of the property with a request for a written receipt, or sent by certified mail, return receipt requested. (d) General and Specific Information. in addition to disseminating general information of the type described in this section, the displacing entity shall also provide each person with individual, written notification as soon as his eligibility status has been established. (e) Content of Informational Statement. Attachment A identifies the kinds of information required to be included in statements distributed to occupants of the property. The figure lists minimum requirements. The displacing entity should include any additional information that it be- lieves would be helpful. (Sec Attachment A.) HnsroRy 1. Atnerrdment of subsection (a)(1) filed 11-5-76 as an emergency; designated eHauve I I-27-76 (Register 76, No. 44). 2. Cenduaw of CoaWliance filed 2-16-77 (Register 77, No. 9). 16048. Survey and Analysis of Relocation Needs. (a) (1) Requirement. Immediately following the initiation of negoti- ations interview all eligible persons. business concerns, including non- profit organizations, and farm operations to obtain information upon which to plan for housing and other accommodations. as well as counsel. ing and assistance needs. (2) Coordination with Other Agencies. Other agencies may also be conducting surveysin the area at the same time. Coordination will be nec- essary to avoid duplication and to ensure that necessary information is available ai the appropriate time. Surveys utilized to gather data for social service referrals should be planned in cooperation with social service agencies and a referral system should be established. (3) Information to persons to Be Displaced. The local agency shall carefully explain and dixuss fully with each person interviewed the pur- pose of the survey and the nature and extent of relocation payments and assistance that will be made available. All persons shall be advised and encouraged to visit the relocation office for informauon and assistance. (4) Relocation Records. Based on information obtained during the am- vey and other sources as applicable, the local agency shall prepare and maintain an accurate relocation record for each person to be displaced. The record shall contain a description of the pertinent characteristics of the persons to be displaced and the assistance deemed to be necessary. (b) The survey shall be by direct. personal interview, except where re- peated efforts indicate that is not possible. When a person cannot be inter. viewed or the interview does notproduce the information to be obtained reasonable efforts shall be made to obtain the information by other means. Eligible persons should be encouraged to bring any change in their needs to the attention of relocation officials. The survey shall be up- dated at least annually. (c) A public entity shall endeavor to obtain the following information: income; whether a person is elderly or handicapped; size of family; age of children; location of job and factors limiting accessibility; area of prc- fared relocation; type of unit preferred; ownership or tenant preference; need for social and public services, special schools and other services; eligibility for publicly assisted housing; and with reference to the present dwelling, the rent, the type and quality of construction. the number of rooms and bedrooms, the amount of habitable living space, and locational factors including among others public utilities, public and commercial facilities ( including transportation and schools) and neighborhood condi- tions (including municipal services). Other matters that concem a house- hold as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in sufficient detail to enable determination of the availability for all potenual displaces of housing which meets the stan- dards set forth in the definition of comparable replacement housing. The information concerning home ownership and rental units shall be pro- vided separately. The number of units needed shall be identified by cost for each sizccategory. The needs of elderly and handicapped households shall be shown separately and shall include information on the number of such households requiring special facilities and the nature of such faci- lities. The statement of relocation housing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be provided concerning proximity to present emplov- ment sources, medical and recreational facilities, parks, community cen- ters, shopping, transportation and schools. Information concerning prox- imity to other relevant needs and amenities is ease ntial to ensuring that no residents arc incapacitated by the relocation and such information also should be provided. ¢ 6050. Failure to Conduct Timely and Effective Survey. When a survey is not conducted in a timely and effective manner, the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accu- rately determined. The public entity shall offer such persons all reloca- tion assistance and benefits for which they otherwise qualify and, in addi- tion, shall compensate such persons for all costs occasioned by the Pace 266 (�1-901 Title 25 Department of Housing and Community Development Programs ¢ 6058 n 11 III entity's failure to provide timely notice and offers of relocation assis- tance and benefits. 6052. Survey and Analysis of Available Relocation Resources. (a) (1) To enable a public entity reasonably to determine that the requi- site comparable replacement dwellings will be available, the public enti- ty, within 15 days following the initiation of negotiations, shall initiate a survey and analysis of available comparable relocation resources. If a recent survey that provides the information identified in this sec- tion is not available, the public entity shall conduct a survey and analysis of the housing market. If a recent survey is available, but it does not reflect more recent, significant changes in housing market conditions, the sur- vey shall be updated or it shall not be relied upon. (2) When more than 25 households will be displaced, survey results shall be submitted forreview to local housing, development and planning agencies and shall be compared to other existing information on housing availability. (3) The survey shall be updated at least annually. (b) The survey area shall be reasonably related to the displacement area and to the needs and preferences of the persons to be displaced, as indicated in the written analysis prepared pursuant to section 6048. The survey area shall have relevant chmi tenstics (see subsection 6008(c)) which equal orexmcd those of the neighborhood from which persons an; to be displaced. (c) A written analysis of relocation housing resources shall be pre- pared in sufficient detail to enable determination of the availability for all potential displames of housing which meets the standards set forth in the definition of comparable replacement housing. The information con- cerning homeownership and rental units shall be provided separately. The number of units available shall be identified by cost for each sue category. Resources available to meet the needs of elderly and handi- capped households shall be shown separately and shall include informa- tion on the number of units with special facilities and the nature of such facilities. The anal - resources vsis of shall include a desorption of the locational characteristics of the survey area neighborhoods corresponding to the re. quirements of comparable replacement housing. Information shall be provided concerning proximity to present employment sources ( with the consent of the displaced person a potential employer may be substituted). medical and recreational facilities, parks, community centers- shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities is essential to ensuring that residents arc not incapacitated by the relocation and such information should also be pro. vided. (d) (1) Units which do not satisfy the standards of comparable replace- ment housing, including the locational criteria, shall not be counted m a relocation resource. (Z) Uncompleted new construction or rehabilitation shall not be in- cluded in the gross figure unless there is a substantial likelihood that the units will be available when needed and at housing or rental costs within the financial means of the prospective occupants. (3) In addition to the other requirements of this section, the gross figure representing the number of units availableshallbe discounted to reflect both concurrent displacement and the extent to which turnover is repre- sented. Concurrent displacement by the federal government and its agen- cies, including federally —assisted projects, as well as displacement by other public entities shah be taken into account. Turnover is the dynamic operation by which occupancy changes oecurwithin a standing inventory over a period of time and theoretically could occur in the complete ab- sence of vacancies on a person to person basis. The use of turnover for relocation is not permissible. The displacing entity shall assume that four percent of the rental and one percent of the ownership units which meet the standards of comparable replacement dwellings (see section 6008(c) ) represents turnover. The displacing entity shall use a higher percentage figure if such figure is more accurate. The displacing entity may use a lower figure if it establishes that the lower ftg;= is a more accurate as- sumption. (4) Publicly subsidized housing, including public housing, shall not be counted u a resource unless it reasonably can be established that: (A) The units will be available when needed; (B) The governmental body providing the :subsidy has made, in writ- ing, a reasonably binding commitment of assistance; and (C) The units have been inspected and dctermined to be decent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered. (D) The number of units available in the community exceeds the num- ber of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be replaced by last resort housing within two years. To establish that last rc- son housing will be developed as required the public entity must have site control with permissive zoning, preliminary plans and conditional com- mitments for subsidy and financing or the equivalent. The public entity also must identify ownership. (c) Uncompleted new construction or rehabilitation which is subsi. dized by public funds shall not be counted as amlocation resource unless the units use being subsidized to provide relocation resources. ¢ 6054. last Resort Housing. (a) No eligible person shall be required to move from his dwelling be. cause of the action of a public entity unless comparable mpitimment housing is available to him. (b) If on the basis of its survey and analysis of relocation needs and re- sources a public entity cannot determine rhea comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project orotha activity which will result in displace- ment unless it provides such housing. (See Article 4.) (c) If the action of a public entity has resulted oris resulting in displace- ment and comparable replacement housing is not available as needed, the public entity shall use its funds, or funds authorized forthe project to pro- vide such housing (see Article 4), or shall terminate or suspend further implementation of the project activity in accordance with the provisions of section 6018. (d)Temporary relocation resources may be rebcd upon in the interim only if the provisions of section 6004 are satisfied. 3 6056. Termination of Relocation Assistance. A public entity's relocation obligations cease under the following cir- cumstances: (a) A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is entitled. (b) The displaced person moves to substandard housing, refuses ma- sonablc offers of additional assistance in moving to a decent, safe and sanitary replacement dwelling and receives .all payments to which he is entitled. (c) All reasonable efforts to trace a person have failed. To ensure that the action of a public entity does not reduce the housing supply in critical categories or locations, unsuccessful efforts to trace a particular dis. placed person shall not lessen the obligation to provide last resort hous- ing. (Sec Article 4.) (d) The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations. (e) A person displaced from his dwelling, business m farm refuses ma- sonable offers of assistance, payments and comparable replacement housing. S 6058. Eviction. (a) Eviction is permissible only sit a last mson. It in no way affects the eligibility of evicted displaced persons for relocation payments. Reloca- tion records must be documented to reflect the specific circumstances surrounding the eviction. Pate 267 6060 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 11 (b) Eviction shall be undertaken only for one or more of the following seasons: (1) Failure to pay tent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition. is the result of harassment orretatiatory action or is the result of disconti- nuation or substantial interruption of services. (2) Performance of a dangerous, illegal act in the unit. (3).Material breach of the rental agreement and failure to correct breach within 30 days of notice. (4) Maintenance of a nuisance and failure to abate within a reasonable time following notice. (5) Refusal to accept one of a reasonable number of offers of mplace- ment dwellings. (6) The eviction is requited by State m local law and cannot be pre- vented by reasonable efforts on the part of the public entity. ¢ 6060. Evaluation of Relocation. (a) A public entity is encouraged to evaluate its relocation program, as- sessing the quality and quantity of services provided as well as displaces satisfaction,to determine the adequacy of program planning and to ascer- tain whether any persons have been denied the full benefits and srnices to which they are entitled. The evaluation should be based upon an annual or continual inspection of files and records, caw interviews, and inspec- tion of replacement housing and business and farm replacement locations and discussions with local individuals or organizations familiar with re- location issues. A written evaluation should be prepared at least annually. (b) The files and records of displaced persons and property owners should be selected at random. The review should include any caws that were identified by previous monitoring as requiring corrective action and should assess the public entity's progress in taking corrective action. Both relocation and acquisition activities should be covered by the re- view. (1) The relocation sample should include cases in which all payments have been completed and caws in which the person has been displaced but all payments have not yet been made. The sample should provide a basis forthe reviewer to determine not only whether payments were com- puted properly and made promptly, but also whether displaced persons received proper notice of the full range of relocation assistance and ser- vices to which they are entitled. Priority mention should be given to cases in which a grievance has been filed or the agcncv has determined that a person is ineligible for relocation benefits. (2) The acquisition sample should be bawd on caws in which settle- ment has been completed. However, if necessary to provide a representa- tive sample of acquisition activities, the reviewer should include incom- plete transactions in which negotiations have been initiated. (c) After the records and files have been reviewed, the reviewer should select cases for further evaluation through personal interviews with dis- placed persons and/or owners and the inspection of housing to which per- sons have moved. The interviews and housing inspections should serve both to spot check the accuracy of the information obtained in the exami- nation of the records and files and give the reviewer a better perspective on the agency's performance. The number and type of caws for which interviews and housing in- spections are to be carried out should reflect the reviewer's judgment based on the information he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five caws for which the files and records have been reviewed. Only where the num- ber of persons displaced is less than 25 should the number of interviews and inspections be less than 10. in no caw should the number of inter- views and inspections be lower than the lesser of five and the number of persons displaced. To the extent possible, the interviews should cover a representative cross section of the types of cases in the agency's work- load: e.g., relocation caws involving families of various sizes as well as individuals and business contents (including both owners and tenants), and acquisition transactions involving residential, commercial and in- dustrial properties. (d) In addition to the above, the following futms are among those which should be considered: (1) The effectiveness of efforts to provide relocation services to dis- placed persons, including timeliness of nuts and correctness of eligibil- ity determinations. (2) The satisfaction of relocated families, individuals and business concerns in their new locations. (3) The extent to which self —moves to substandard housing have been (4) The effectiveness of efforts to provide relocation services to busi. ness cone ms, including counseling services and SBA loans to aid in their reestablishment. (5) The promptness of processing claims and the malting of payments, including the amounts, delivery, and use of relocation payments. (6) The number and magnitude of rent increases following acquisition and displacement. (7) The effectiveness of methods used to resolvedifficulties experi- enced by site occupants. (8) The effectiveness of the public entity's gricvarice procedures. (9) The extent of resident involvement in planning the relocation pro- gram. (10) The effectiveness in assuring equal opportur i tv for displaced per- sons and in reducing patterns of minority —group concentration. (11) The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. (12) The effectiveness of the social service program, including coun- seling smices, in helping residents adjust to relocation and in helping solve individual and family problems. (13) The impact on those wgments of the housing market serving the income groups displaced. Article 3. Relocation Payments ¢ 6080. Purpose. The purpose of this Article is to set forth the types of, and specific eligi- bility criteria for, relocation payments to displaced persons. Basic eligi- bility conditions art set forth in section 6084. Spenfic conditions relating to particular payments arc described in later sections. ¢ 6062. Relocation Payments by Public Entity. A public entity shall make relocation payments to oron behalf of cligi- bie displaced persons in accordance with and to the full extent permitted by this Article. The obligations described in this Article arc in addition to those in Article 6. § WM. Basic Eligibility Conditions. A person establishes basic eligibility forrelocation payments if he sat- isfiesthe conditions described insmu=6034. A person who moves from real property or who moves his personal property from real property be- cause he will be displaced from other real property on which he conducts a business or farm operation, establishes efigibiliiv on the basis of the move from such other property only for payments made pursuant to sec- tion 6090. ¢ 6086. Notice of Intent to Displace. A public entity may issue a written Notice of intent to Displace at any time after forming a reasonable expectation of acquiring real property. Such a notice, by establishing eligibility prior to acquisition, will enable a public entity to respond to hardship and other situations. ¢ 6066. Filing of Claims; Submission of Tax Rotuma. All claims filed with the public entity shall be submitted within eigh- teen months of the date on which the claimant receives final payment for the property or the date on which he moves, whichever is later. The dis- fte 268 ta.t-sot Title 25 Department of Housing and Community Development Programs ¢ 6092 11 11 E placing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be required to submit a copy of his tax matins in support of a claim for relo- cation payments. § 6090. Actual Reasonable Moving Expenses. (a) General. A public entity shall make a payment to a displaced person who satisfies the pertinent eligibility requirements of section 6094 and the requirements of this section, for actual reasonable expenses specified below and subject to the limitations set forth in subsection (c) of this sec- tion for moving himself, his family, business, farm operation orother per- sonal property. In all cases the amount of a payment shall not exceed the reasonable cost of accomplishing the activity in connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: (1) Transportation of persons and property not to exceed a distance of 50 miles from the site from which displaced, except where relocation be- yond such distance of 50 miles is justified; (2) Packing, crating, unpacking and uncrating personal property, (3) Such storage of personal property, for a period generally not to ex- ceed 12 months, as determined by the public enuty to be necessary in con- nection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolen or dam- aged (not through the fault or negligence of the displaced person his agent, or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonably available. (6) The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property (including goods and inventory kept for sale) not acquired by the public entity, including connection charges imposed by public utili- ties for starting utility service. (b) Actual Reasonable Moving Expenses —Displaced Business Con- cerns and Farm Operations. In addition to those compensable expenses set forth in subsection (a) of this section. a displaced business concern or farm operation may file a claim for the following moving and related expenses: (1) The cost, ditectiv related to displacement and subject to the limita- tion imposed by paragraph (b)(2), of: (A) Any addition, improvement. altemuon or other physical change in or to any structure or its promises in connection with the reassembling, reconnection orminstallation of machinery, equipment or other personal property. A public entity, at its discretion, may compensate a displaced business or farm for any addition, improvement, alteration or other physi- cal change otherwise required to render such structure, premises, or equipment suitable for the business or farm's use. (B) Modifying the machinery, equipment, or other personal property to adopt it to the replacement location or to utilities available at the re- placement location or modifying the power supply. (2) Claims forpavment mdcrthis subsection shall be subject to the fol- lowing limitations: (A) Reimbursable costs shall be reasonable in amount. (B) The cost shall be found by the public entity to be required by law or ordinance or to be otherwise necessary to the reestablishment of the displaced business or farm. (C) The cost could not be avoided or substantially reduced at an alter- nate available and suitable site to which the business was referred. (D) The public entity shall deduct, on the basis of a reasonable esti- mate, the amount, if any, realized by the displaced business concern as compensation for comparable additions, improvements, alterations or other physical changes to the structure and premises acquired, as pan of the payment made for the acquisition of such structure and premises. (3) The cost of my license, permit or certification required by a dis. placed business concem to the extent such cost is necessary to the rees- tablishment of its operation at a new location, (4) The reasonable cost of any professional services (including but not limited to, architects', attorneys' or engineers' fees, or consultants' charges) necessary for planning the move of personal property, moving the personal property, or installation of relocated personal property at the replacement site. (5) Where an item of personal property which is used in connection with any business or farm operation is not moved but is replaced with a comparable item, reimbursement in an amount not to exceed (1) the re. placement cost, an any net proceeds received from its sale, or (2) the estimated cost of moving, whichever is less. (e) Advance Payments. A displaced person may be paid for his antici- pated moving expenses in advance of the actual move. A public entity shall provide advance payment whenever later payment would result in financial hardship. Particular consideration shall be given to the financial limitations and difficulties experienced by low and moderate income per- sons and small farm and business operations. (it) The specific provisions contained in this section are not intended to prelude a public entity's reliance upon other reasonable means of cf. fecting a move, including contracting movcs and arranging for assign- ment of moving expense payments by displaced persons. (e) Self-movcs. Without documentation of moving expenses actually incurred, a displaced person electing to self -move may submit a claim for his moving expenses to the public entity in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. (f) Personal Property of Low Value and High Bulk —Business or Farm Operation. Where, in the judgment of the public entity, the cost of moving any item of personal property of low value and high bulk which is used in connection with any business or farm operation would be dispropor- tionate in relation to its value, the allowable reimbursement for the ex. peruse of moving such property shall not exceed the difference between the cost of replacing the same with a comps able item available on the market and the amount which would have been received for such proper- ty on liquidation. This provision may in appropriate situations be applied to claims involving the moving of junkyards, stockpiles. sand, gravel, minerals, metals and similar property. (g) Documentation in Support of a Claim. (I) General. Except in the case of a displaced person conducting a sclf- move as provided in subsection (e 1 above, a claim for a payment under this section shall be supported by a bill or other evidence of expenses in- curred. By prearrangement between the public entity, the site occupant, and the mova,cvtdenced in writing, the claimant orihe mover may pres- ent an unpaid moving bill to the public entity, and the public entity may pay the mover directly. (2) Business and Farm Operations. Each claim in excess of $1,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical. If the public entity determines that compliance with the bid re- quirement is impractical or if estimates in w amount of less than 51,000 are obtained, a claim may be supported by estimates in lieu of bids. (h) Whenever a public entity must pay the actual cost of moving a dis- placed person the costs of such move shall be exempt from regulation by the Public Utilities Commission as provided by section 7262(e) of the Act. The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicita. tions shall be exempt fromregulation by the Public Utilities Commission. ¢ 6092. Actual Direct Losses of Tangible Personal Property. (a) General. A public entity shall make apayment to a displaced person who satisfies the eligibility requirements of section 6090 and this section, for actual direct losses of tangible personal property sit a result of moving Page 269 (4I-0 n 6094 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title Z5 or discontinuing a business or farm operation, in an amount determined by the public entity to be in accordance with the provisions of this section. (b) Determining Actual Direct Loss of Property. Actual direct loss of property shall be determined on the basis of the lesser of the following: (1) The fair market value of the property for continued use at its loca- tion prior to displacement. (2) The estimated reasonable costs of relocating the property. The public entity may require that the owner first make a bona fide of - fort to WE the property or it may permit the owner not to do so. The pro. coeds realized from any sale of all or pan of the property shall be deducted from the determination of loss. In calculating payment under this section the reasonable cost of an effort to sell shall be added to the determination of loss. (c) Documentation m Suppon Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include apprais. als, certified prices, bills of sale, receipts, cancelled checks, copies of ad- vertiseencnts, offers to sell, auction records, and other records appropri- ate to support the claim or the public entity may agree as to the value of the property left in place. ¢ 8094. Actual Reasonable Expenses in Searching for a Replacement Business or Farm. A displaced person who satisfies the pertinent eligibility requirements of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed M. in searching for a replacement business or farm, including expenses incurred for. (a) Transportation; (b) Meals and lodging away from home: (c) Time spent in starching, based on the hourly wage rate of the salary oreamings of the displaced person or hismincwntative, but not toexceed $10 per hour, and (d) Fees paid to a real estate agent or broker to locate a replacement business or farm. ¢ 6096. Moving Expenses —Outdoor Advertising Businesses. A displaced person who conducts a lawful activity primarily forassist- ing in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in -place value, whichever is lesser. f 6098. Alternate Payments-4ndividu11113 and Families. A person or family, who is displaced from a dwelling and is eligible fora payment for actual reasonable moving expenses under section 6090. may elect to receive and shall be paid, in lieu of such payment: (a) A moving expense allowance not to exceed S300 and determined in accordance with established Federal Highway Administration sched- ules maintained by the California Department of Transportation, and (b) A dislocation allowance of $200. - HlsroRY 1. Amendment of subsection dal filed 11-5-76 as en emergency: designated ef- fective 11-27-76 (Register 76, No. 44). 2. Certificate of CoaWliadce filed 2-16-77 (Register 77. No. 8). 4 61oo. Altemsts Payments —Businesses and Farm Operations. (a) General. (1) A person who is displaced from his place of business or farm opera- tion and is eligible for payments under sections 6090, 6092, 6094, or 6096. and complies with the requirements of this section, may elect to re- ocive and shall be paid, in lieu of such payments, a payment equal to the average annual net earnings of the business or farm operation (but not in- cluding a business as described in section 6096) as determined in accor- dance with subsection (b) below, except that such payment shall be not less than S23M nor moo: than S 10,000. For purposes of this section, the dollar limitation specified in the preceding sentence shall apply to a single business, regardless of whether it is carried on under one or more legal entities. (2) Loss of Goodwill. When payment under this section will precede settlement of a claim for compensation for loss of goodwill underthe Em. inent Domain Law, the public entity before tendering, payment shall state in writing what portion of the payment, if any, is considered to be com- pensation for loss of goodwill and shall explain in writing that any pay- ment made pursuant to Code of Civil procedure. Sections 1265.510 et seq. (the Eminent Domain Law, Chapter 9, Article &—'Compensation for Loss of Goodwill") will be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible under Sections 61)90, 6092, 6094, and 6096. Failure to provide such written statement and explanation shall constitute a conclusive indication that no portion of the payment is con- sidered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure, referenced above. (b) Requirements —Businesses. Payment shall not be under this sec- tion unless the public entity determines that: (I) The business cannot be relocated without a substantial loss of its existing patronage, based on a consideration of all pertinent circum- stances including such factors as the type of business conducted, the na- ture of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitable reloca- tion site; (2) The business is not part of a commercial enterprise having another establishment which is not being acquired for a project and which is en- gaged in the same or similar business. Whenever the sole remaining facil- ity of a business which has been displaced from its principal location: (A) Has been in operation for less than two yeas; (B) Has had average annual gross receipts of less than $2.000 during the two taxable years prior to displacement of the major component of the business; or (C) Has had average annual net earnings of less titan $1,000 during the two taxable years prior to the displacement of the major component of the business,themmauting facility will not be considered another"estab- lishment" for purposes of this section: and (3) The displaced business: (A) Had average annual grossreceipts of at least $2.000during the two taxable ,Years prior to displacement; or (B) The displaced business had average annual net earnings of at least S1,000 during the two taxable years prior to displacement: or (C) The displaced business contributed at least 33 113 percent of the total gross income of the owner(s) during each of the two taxable years prior to displacement. If in any case the public entity determines that the two year period prim to displacement is not representative of average re- ceipts, earnings or income, it may make use of a more representative pen- (c) Determination of Number of Businesses. In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others shall be considered: (1) The extent to which the same premises and equipment ate shared. (2) The extent to which substantially identical or intimately into=- lated business functions are pursued and business and financial affairs are commingled. (3) The extent to which such entities ate held out to the public, and to those customarily dealing with such entities, as one business. (4) The extent to which the same person or closely related persons own, control or manage the affairs of the entities. (it) Requirements —Farms. In the case of a farm operation, no payment shall be made under this section unless the public entity determines that the farm met the definition of a farm operation prior to its acquisition. If the displacement is limited to only pan of the farm operation, the operator Page 270 Title 25 Department of Housing and Community. Development Programs ¢ 6102 will be considered to have been displaced from a farm operation if: the part taken met the definition of a fans operation prior to the taking and the taking caused such a substantial change in the nattur of the existing farm operation as to constitute a displacement. (e) Requirements —Nonprofit Organizations. In the case of a nonprof- it organvation, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be =located without a substan- tial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, persons, community, or clientele served or affected by the activities of the nonprofit organization); and (2) The nonprofit organization is not a part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity. (f) Net Earnings. The term "average annual net earnings" as used in this section means one-half of any net earnings of the business or farm operation, before federal and state income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for such project or daring such other period as the head of the public entity determines to be mom equitable forestablishing such earnings, and includes any com- pensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term "owner' as used in this section includes the sole proprietor in a sole proprietorship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the public entity. For purposes of determining a princi- pal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit. (g) If a displaced person who conducts a business or farm operation elects to receive a fixed payment underthis section, he shall provide proof of his earnings from the business or farm operation to the agency con- cerned. Proof of earnings may be established by income tax returns, fi. nancial statements and accounting records or similarevidence acceptable to the public entity. Fhsroar 1. Amendment of subsection (e)(2) filed 11-5-76 w en emergency; designated eRecuve 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-1647 (Register 77, No. 8). 4 6102. Replacement Housing Payments for Homeowners. (a) General. A public entity shall make to a person who is displaced 6om a dwelling and who satisfies the pertinent eligibility requirements of secuon 6084 and the conditions of subsection (b) of this section, a pay- ment not to exceed a combined total of $15.000 for: (1) The amount if anv, which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost, as deter- =t)ed in accordance with subsection (c), of a comparable replacement dwelling. This amount shall not exceed the difference between the acqui- sition price of the acquired dwelling and the actual purchase price of the replacement dwelling, except where a displaced person, in the cimum- stance described in paragraph 6108(a)(1), is willing to use the extra money to improve the condition of the dwelling. (2) The amount if any, to compensate the displaced person for any in. creased interest costs, as determined in accordance with subsection (c), he is required to pay for financing the acquisition of a replacement dwell- ing. The payment shall not be made unless the dwelling acquited by the public entity was encumbered by a bona fide mortgage which was a valid Gen on the dwelling for not less than 180 days prior to the initiation of ne- gotiations for acquisition of such dwelling. (This time requirement may be modified in accordance with the provisions of subsection (b) below.) (3) Reasonable expenses, determined in accordance with subsection (c) of this section, incurred by the displaced person incident to the pur- chase of the replacement dwelling. (4) in accordance with section 6106, the cost of mhabilitating a dwell- ing which does not satisfy the decent safe and sanitary standard. (b) Eligibility Conditions. (1) A displaced person is eligible forpayment under this section if such person: (A) Is displaced from a dwelling that is acquired; (B) Has actually owned and occupied such dwelling for not less than 180 days prim to the initiation of negotiations for its acquisition; and (C) Purchases and occupies a replacement dwelling within one veer subsequent to the date on which he received final payment from the pub- lic entity of all costs of the acquired dwelling or the date on which he moves from the acquired dwelling, whichever is later. (2) If an owner satisficsall butthe I80day requitementand canestab- lish to the satisfaction of the public entity that he bought the dwelling with the intention of making it his place of msidrnm. that the move was not motivated by a desire to receive relocation assistance and benefits, and that he neither knew nor should have known that public acquisition was intended the public entity may reduce the requirement as necessary. (3) Where forreasons beyond the control of the displaced person com- pletion of construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond the date by which occupancy is required, the public entity shall determine the date of occupancy to be the date the dis- placed person enters into a contract for such construction. rehabilitation, or relocation or for the purchase, upon completion, of a dwelling to be constructed orrehabilitated. if. in fact the displaced person occupies the replacement dwelling when the construction or rehabilitation is com- pleted. (4) Where, for masons of hardship or circumstances beyond the con- trol of the displaced person, such person is unable to occupy the replace- ment dwelling by the required date, the publicentity may extend the dead- line as necessary. If by the deadline the displaced person has contracted to purchase a replacement dwelling, the public entity should extend the deadline. (5) No person otherwise eligible for a payment under this section or under section 6104 shall be denied such eligibility as a result of his being unable, because of a major state or national disaster, to meet the occupan- cy requirements. (c) Computation of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. (A) In determining the reasonable cost of a comparable replacement dwelling, the public entity concerned shall use one of the following meth- ods: 1. Comparative Method. On a case-byKiue basis by determining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008(c). Whenever possible the listing price of at least three dwellings shall be considered. 2. Schedule Method. Where the public entity determines that the com- parazive method is not feasible, it may establish a schedule of reasonable acquisition -costs forthe various types of comparabirreplacement dwell- ings. If more than one entity is administering; a project causing displace- ment in the wea, it shall cooperate with the other entities in establishing a uniform schedule for the area. The schedule shall be based on acurent analysis of the market to determine a reasonable cost for each type of dwelling to be purchased. In large urban areas this analysis may be con- fined to the sub -area from which persons are displaced or may cover sev- eral different sub -areas, if they satisfy orexceed the criteria listed in sub- section 6008(c). To assure the greatest comparability of dwellings in my analysis, the analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. 3. Alternative Method. Where the public entity determines that neither the schedule, nor comparative method is feasible in a given situation, by the use of another reasonable method. (B) Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwelling. Pate 271 6104 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 11 l 11 (2) Interest Payments. Interest payments shall be equal to the dis- counted present value of the difference between the aggregate interest applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisition, and other debt service costs, and the aggregate interest paid on the mortgage on the rc- placement dwelling, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for purposes of this para- graph shall be the lesser of the remaining term and amount of the mort- gage on the acquired dwelling, or the actual term and amount of the mort- gage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt ser- vice cost baud on the cost required fora comparable dwelling, or the debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or "points" shall be considered in the determination of aggregate interest. In calculating the amount of compensation, increased interest cost shall be reduced to discounted present value using the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. (3) Expenses Incident to the Purchase of the Replacement Dwelling. Payment underthis section shall include the amount necessary tore un- buysc the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limited to the fol- lowing: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation: lender, FHA. VA or similar ap- praisal cost: FHA. VA or similar application fee: cost for certification of structural soundness: credit report charges; charge for owner's and mort- gagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses shall not exceed the amount attributable to the purchase of a replacement dwelling. Such ex- penses shall be reasonable and legally required orcustomary in the com- munity. Reimbursement shall not be made under the provisions of this para- graph for any fee, cost, charge, or expense which is determined to be a pan of the debt service or finance charge under Title I of the Truth in Lending Act (Pub. L. 90-321). and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of interest payments. (d) Multi —family Dwelling. In the case of a displaced homeowner who is required to move from a one —family unit of a multi —family building which he owns, the replacement housing payment shall be based on the cost of a comparable one —family unit in a multi —family building of ap- proximately the same density m if that is not available in a building of the next less density, or, if a comparable one —family unit in such a multi— family building is not available, the cost of an otherwise comparable sing- le—family structure. (e) Owner Retention. (1) If a displaced homeowner elects to retain, move, and occupy his dwelling, the amount payable underthis section is the difference between the acquisition price of the acquired property and the sum of the moving and restoration expenses, the cost of correcting decent, safe, and sanitary deficiencies, if any, and the actual purchase price of a comparable reloca- tion site. A public entity may limit the payment made under this subsec- tion to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. (2) The payment shall not exceed $I5,000. (f) Provisional Payment Pending Condemnation. If the exact amount of a replacement housing payment cannot be deter- mined because of a pending condemnation suit, the public entity con- cerned may make a provisional replacement housing payment to the dis- placed homeowner equal to the difference between the public entity's maximum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agree- ment that upon final adjudication of the condemnation suit the replace - ment housing payment will be recomputed on the basis of the acquisition prim determined by the court. If the acquisition pnce as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based, the difference will be refunded by the homeowner to the public entity. If the acquisition price as deter- mined by the court is less than the maximum offer upon which the provi- sional replacement housing payment is baud, the difference will be paid to the homeowner. (g) Lease of Condominium. For the purposes of this section, the leas- ing of a condominium for a 99—year period, or for a term which exceeds the life expectancy of the displaced person as determined by the mostre- cent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and ;we i- fare, shall be deemed a purchase of the condominium. 16104. Replacement Housing Payments for Tenants and Certain Others. (a) Gencral. A public entity shall make to a displaced person who satis- fies the eligibility requirements of section 6084 and the conditions of sub- section (b) below, a payment not to exceed S4,000 for either. (1) An amount, computed in accordance with paragraph id)(1) of this section, necessary to =able such person to lease or rent a replacement dwelling for a period not to exceed 4 years: or (2) An amount, computed in accordance with paragraph (d)(2) of this section, necessary to enable such person to make a downpayment on the purchase of a replacement dwelling (including incidcntal expenses dc- seribed in section 6102). If such amount exceeds $2,000, the displaced person shall equally match any such amount in excess of S2,000 in mak- ing the downpayment. (b) Eligibility Conditions. Adisplaced person is eligible forthe payments specified in subsection (a) if he satisfies the following conditions: (1) Has occupied the dwelling from which he is displaced for a period of notless than 90 days primtothe initiation of negotiation foracquisition of such dwelling. (2) Is not eligible to receive a replacement housing payment for home- owners under section 6102 orelects not to receive such payment. Where the displaced person is the owner ­occupant of the dwelling, the payment made under paragraph 6104(a)(2) shall not exceed the amount of pay- ment to which the person would be eligible under section 6102. (3) Whenever a payment under subsection (a)(2) is sought the dis- placed person shall within one year from the date of displacement pur- chase and occupy a replacement dwelling. (c) The provisions in subsection 6102(b) for modifying the conditions of eligibility also apply to this section. (d) Computation of Payment. (1) Rentals. The amount of payment necessary to lease or rent a com- parable replacement dwelling, under subsection (a)(1), shall be com- puted by subtracting 48 times the base monthly rental of the displaced person (as determined in accordance with this subsection). from 48 times the monthly rental for a comparable. replacement dwelling las deter- mined in accordance with this subsection): Provided, that in nocase may such amount exceed the difference between 48 times the base monthly rental as determined in accordance with this subsection and 48 times the monthly rental actually required for the replacement dwelling occupied by the displaced person. (A) Base Monthly Rental. The base monthly rental shall be the lesser of the avenge monthly rental paid by the displaced person for the 3—month period prior to initiation of negotiations and 25 percent of the displaced person's average monthly income. (See subsection 6008(1). ) Where the displaced person was the owner of the dwelling from which he wu displaced orwas notrequircd to pay rent forthat dwelling, the eco- nomic rent (see subsection 6008(h)) shall be used in Iuu of the average monthly rental to calculate base monthly rental. Page 272 µ I- n Title 25 Department of Housing and Communitv Development Programs § 6112 1 h (B) Comparable Rental. The monthly rental fora comparable mplace- ment dwelling shall be the amount of rent determined by the pubhc entity by one of the methods described in paragraph 6102(c)(1), considering rental charges instead of listing price or acquisition cost. (C) Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement dwelling. (2) Downpayment. The downpayment for which a payment specified under paragraph (a)(2) of this section may be made, together with any matching share which may be required, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable mplace- ment dwelling where such purchase is financed, plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102. The full amount of adownpayment under this section shall be applied to the purchase of the replacement dwelling and shall be shown on the closing statement or other document acceptable to the public enu- ty. (e) Rental Payments for Displaced Owners and Dependents. (1) Owners. A displaced owner who elects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions speci- fied in subsection (b) is eligible for the payment specified in paragraph WO). (2) Dependents. A dependent who is residing separate and &pan from the person or family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under this sec- tion, but such payment shall be limited to the period during which the dis. placed dependent resides in the replacement dwelling. At the time the dis- placed dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes of this paragraph a'depcndcnt' shall be a person who derives fifty­one percent or more of his income in the form of gifts from any private person or any academic scholarship or supend. Full-time students shall be presumed to be depen- dents but may rebut this presumption by demonstrating that fifty percent or mote of their income is derived from sources other than gifts from another private person or academic scholarships or stipends. Dependents residing with the family of which they arc a part shall not be enuded to my payment except as a pan of the family. (f) Disbursement. Except where specifically provided otherwise, the public entity shall have the authority to disburse payments under this sec- tion in a lump sum, monthly or at other intervals acceptable to the dis- placed person. 4 6106. Proration of Payments. Forthe purpose of calculating an alternate payment under secuon 6098 or a replacement housing payment under section 6102 or 6104, two or more individuals ( whether they are members of one family or not) living together in and displaced from a single dwelling shall be regarded as one person. Where a tenant is sharing a singlo-f tin ly dwelling with an owner -oc- cupant and.payingthe owner pant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental supplement other- wise payable. The owner-0ccupant shall not be required to share the pay- ment to which he is entitled or accept a prorated amount. HrsroRY 1. Amendment filed 11-5-76 u an emergency; designated effective 11-27-76 (Register 76, No. 44). 2. Ceruficam of Compliance filed 2-16-77 (Register 77, No. 8). § 6108. Condition of Replacement Dwelling. (a) When a displaced person qualifies for a replacement housing pay- ment (under section 6102 or 6104) by purchasing or renting a replace- ment dwelling, the unit. as a general rule, must be decent, safe and sani- tary. There ass three exceptions. One is described in paragraph 6040(aXii). The others are: (1) If the purchase of such a dwelling is the result of the public entity's failure to identify a reasonable number of comparable replacement dwellings as required or if the dwelling is one to which the person was referred by the public entity, the condition of the dwelling does not affect eligibility for a replacement housing payment. (2) If the purchase of such a dwelling is not the result of a public enti- ty's referral or failure to refer, the otherwise eligible person qualifies for a replacement housing payment if the unit is brought into compliance with the decent, safe and sanitary standard. In bus situation payment shall he limited to the amount that would be pmvided in connecuon with the purchase of a similar, comparable replacement. dwelling or the sum of the actual costs of acquisition (including related expenses) and rehabilita- tion, whichever is less. (b) A public entity shall not induce or encourage a displaced person to acquire a dwelling which does not satisfy the comparable replacement housing standard..(See section 6008(c).) § 6110. Certificate of Eligibility. Upon request by a displaced homeowner or tenant who has not yet purr. chased and occupied a replacement dwelling, but who is otherwise eligi- ble for a replacement housing payment, the public entity concerned shall certify to any interested party, financial institution, or lending agency, that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he purchases and occupies a dwelling within the time limits prescribed. § 6112. Mobile Homes. (a) General. A mobile home is a dwelling. (See subsection 6008(g). ) A person displaced from a mobile home must satisfy the same eligibility requirements and must be provided the same assistance, assurance and payments as a person displaced from a conventional dwelling. (b) Moving Expenses. If a mobile home is moved to another site, the displaced person shall be compensated for moving expenses in accor- dance with sections 6090 and 6092. The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons who move a mobile home. _ (c) Replacement Housing Payments. (1) A person who owns a mobile home and site and as a replacement purchases both a dwelling and site shall be provided a replacement hous- ing payment in accordance with section 6102. A person who owns a mo- bile home and site, and as a replacement rents both a dwelling and site, shall be provided a payment in accordance with section 6104. (2) A person who rents a mobile home and site, and as a replacement rents or purchases a dwelling and site, shall be provided a payment in ac- cordance with section 6104. _ (3) A person who owns a mobile home and site, and as a replacement purchases a dwelling and rents a site, shall be provided a payment in ac- cordance with sections 6102 and 6104. The payment shall be limited to the lesser of: (A) The amount necessary to purchase a conventional comparable re- placement dwelling; and (B) The amount necessary to purchase a mplacemcm mobile home (in accordance with section 6102) plus the amount necessary to rent a re- placement site (in accordance with section 6104). In calculating this amount, the economic rent for the site shall be used in lieu of average monthly rental to determine the base monthly rental (as provided in para- graph 6104WO )). (4) A person who owns a site from which he moves a mobile home shall be provided a replacement housing payment under section 6102 if he purchases a replacement site and under section 6104 if he rents a re- placement site. (5) A person who owns a mobile home which is acquired and rents the site shall be provided payment as follows: (A) If amobile home is not available the amount requited to purchase a conventional replacement dwelling (in accordance with section 6102); (B) The amount necessary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to lease, rent or make a downpayment on a replacement site (in accordance with sec - bon 6104); or Page 273 c4-aao) f 6114 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (C) If he elects m rsnt a replacement mobile home and site, the amount required to do so in accordance with section 6104. In calculating this pay. 10 ment, the average monthly rental shall equal the economic rent for the mobile home plus the actual rent for the site. (6) Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based. 16114. Affected Property. (a) In addition to the payments requited by Secuon 7262 of the Act (see sections 6090, 6092, 6094, 6096, 6098 and 6100), as acost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) Such affected property is immediately contiguous to property ac- quired for airport purposes and the owner shall have owned the property affected by acquisition by the public entity not less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. (e) Such payment, not to exceed fifteen thousand dollars ($15,000), shall be the amount, if any, which equals the actual decline in the fairmar- ketvalue of the property of the affected property owner caused by the ac- quisition by the public entity for airport purposes of other real property and a change in the use of such property. (d)The amount- if mv, of actual decline in fairmarket value of affected property shall be determined according to rules and regulations adopted by the public entity. Such rules and regulations shall limit payment under this section only to such circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. (e) "Affected property' means any real property which actually de- clines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real proper- ty acquired by the public entity. Article 4. Last Resort Housing f 6120. Purpose. The purpose of this part is to set forth the criteria and procedures for assuring that if the action of a public entity results, or will result in dis- placement, and comparable replacement housing will not be available as needed, the public cntity shall use its funds or funds authorized for the project to provide such housing. f 6122. Determination of Need for Last Resort Housing, If on the basis of data derived from surveys and analyses which satisfy the requirements of sections 6048 and 6052, the public entity is unable to demonstrate that comparable replacement housing will be available as required, the head of the public entity shall determine whether to use the public entity's funds or the funds authorized for the project to provide such necessary replacement housing or to modify, suspend or terminate. the project or undertaking. 16124. Development of Replacement Housing Plan. (a) General. (I) Following the determination pursuant to section 6122. the head of the displacing public entity shall develop or cause to be developed a re- placement housing plan to produce a sufficient number of comparable m. placement dwellings. The plan shall specify how, when and where the housing will be provided, how it will be financed and the amount of funds Lobe diverted to such housing, the prices at which it will be rented or sold mthe families and individuals lobe displaced, the arrangements forhous- ®mg management and social services as appropriate, the suitability of the location and environmental impact of the proposed housing, the arrange- ments for maintaining rent levels appropriate for the persons to be re- housed, and the disposition of proceeds fromrentaL sale, orresale of such housing. If a referendum requitement or zoning presents an obstacle, the issue shall be addressed. (2) All contracts and subcontracts for the construction, rehabilitation or management of last resort housing shall be let without discrimination as to race, sex, marital status, color, religion, national origin, ancestry or other arbitrary circumstance and pursuant to an affirmative action pro- gram. The public entity shall encourage participation by minority per- sons in all levels of construction, rehabilitation, planning, financing and management of last resort housing. When the housing will be located in an area of minority concentration, the public entity shall seek to secure significant participation of minorities in these activities. The public entity shall require that, to the greatest extent feasible, opp)rtuniues for training and employment arising in connection with the planning, construction. rehabilitation, and operation of last resort housing be given to persons of low income residing in the area of such housing and shall determine and implement means to secure the participation of small businesses in the performance of contracts for such work. (b) Citizen Participation. (1) If the need for last resort housing exceeds 25 units, the head of the displacing public entity shall establish a committee which will consult with and provide advice and assistance to the displacing public entity in the development of the plan. The committee should include appointed representatives of the displacing entity and state and local agencies knowledgeable regarding housing in the area, including but not limited to the local housing authority and the central relocation agency, if any. in addition, the committee should include representatives of other appro- priate public groups (forexample, local and areawide planning agencies) and private groups knowledgeable regarding housing and the problems of housing discrimination. (2) The committee shall include representatives of the residents to he displaced. These representatives may be appointed by the displacing en- tity oreiccted by the residents, as the residents wish. Resident representa- tives shall, at aminimum, constitute one-third of the committee member- ship. Votes shall be allocated so that the total votes of resident representatives shall equal one-half of the total votes of the committee membership. (3) The plan must be approved by the vote of a simple majority of the committee membership. In the event the committee fails to approve the plan, the local governing body or, where the displacing entity is a state agency, the head of the state agency may substitute its approval. (c) Consultation with Other Housing Agmcies:md Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agencv or organization having experience in the administration or conduct of housing programs to provide technical assistance and advice in the development of the re- placement housing plan. f 6126. Submission of Plan for Comment The head of the displacing public entity shall submit the plan and all significant amendments to the department and total housing and plan- ning agencies forcomment and to assure that the plan accurately reflects housing conditions and needs in the relocation area.. Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their comments. Copies of all comments received shall be forwarded to the committee and available to all interested persons. General notice of the plan shall be provided. Notice shall be designed to reach the residents of the relocation area; it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046tb); and it shall be provided 30 days prior to submission to the committee, or the lo- cal governing body or head of state agency for approval. f 6128. Determination by Displacing Public Entity of Feasibility and Compliance. Upon teceipt and consideration of the comments, the displacing public entity shall determine whether or not: (a) The plan is feasible. (b) The plan complies with applicable environmental standards and procedures. Page 274 Title 25 Department of Housing and Community Development Programs ¢ 6156 ICI (c) The plan is compatible with the local general plan and housing ele- ment and the weawide housing plan or strategy. If any of the above determinations by the displacing public entity is negative the displacing public entity shall revise the plan as necessary. Substantial modifications in the plan shall be submitted for review and comment as provided in section 6126. If necessary forumely implemen- tation of the plan or execution of the project, the head of the displacing public entity may shonen the time allowed in section 6126 for review of modifications. 16130. Implementation of the Replacement Housing Plan. Upon making the determinations required by section 6128, the head of the displacing entity may expend funds and take such other actions as necessary to provide. rehabilitate, or construct replacement housing pur- suant to the approved replacement housing plan through methods includ- ing but not limited to the following: (a) Transfer of funds to state and local housing agencies. (b) Contract with organizations experienced in the development of housing. (c) Direct construction by displacing public entity. Whenever practicable, the head of the displacing public entity should utilize the services of federal, state, or local housing agencies, or other agencies having expenm" in the administration m conduct of similar housing programs. ¢ 6132. Housing Production. The head of the displacing public entity shall monitor the production of the last mson housing to ensure that it is in accordance with the plan. ¢ 6134. Jointly Sponsored Development Where several agencies are administering programs resulting in resi- dential displacement, opportunities shall be sought forjoint development and financing to aggregate resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. ¢ 6136. lest Resort Housing In lieu of Payments. A public entity shall not require a displaced person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's acquisi- tion payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. ¢ 6138. Conformity with the Act and Other Statutes, Policies and Procedures. (a) Civil Rights and Other Acts. The administration of this Article shall be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 et seq.), the Rumford Act (Health and Safety Code. Section 35700 et scq.). Section I of the Civil Rights Act of 1866 (42 U.S.C. 1982). Title VI of the Civil Rights Act of 1964, Tide VIII of the Civil Rights Act of 1968, the Environmental Quality Act of 1970 (Public Resources Code, Section 21100 et seq.) and regulations issued pursuant thereto. (b) Dwelling and Relocation Standards. Determinations made pur- suant to section 6122 and any plan developed and implemented for pro- viding replacement housing and all such housing provided thereunder shall be in conformity with the standards established in the Act and Guidelines. Article 5. Grievance Procedures ¢ 6150. Purpose. The purpose of this article is to set forth guidelines for processing ap- peals from public entity determinations as to eligibility, the amount of payment, and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent m adequate tem. porary replacement housing. Public entities shall establish procedures to implement the provisions of this Article. 16152. Right of Review. (a) Any complainant, that is any person who believes himself ag. grieved by a determination as to ehgibilit-v, the amount of pm avent, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property manage. ment practices may, at his election, have his claim reviewed and recon- sidered by the head of the public entity or an authorized designee (other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the proce- dures the public entity shall establish for such review and reconsidera- tion. (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guide- lines orreview the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review un- dertaken by the department under this section may be informal or may follow the procedures outlined in Government Code, Sections 11180 ct seq. Before conducting an investigation underdae Government Code sec- tions, the department should attempt to constrain disputes between par. ties. Failure to petition the department shall not bmit a complainant's right to seek Judicial review. (c) If a relocation appeals board has been established pursuant to Sec- tion 33417.5 of the Health and Safety Code, a city by ordinance may des- ignate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public enti- des shall establish procedures to implement the provisions of this Article. ¢ 6154. Notification to Complainant If the public entity denies orrefuses to consider a claim, the public enti- ty's notification to the complainant of its determination shall inform the complainant of its reasons and the applicable procedures forobtaining re- view of the decision. If necessary, such notification shall be printed in a language other than English in accordance with section 6046. ¢ 6156. Stages of Review by a Public Entity. (a) Request for Further Written Information. A complainant may m quest the public entity to provide him with a full written explanation of its detcrmrnauon and the basis therefore, if he feels that the explanation accompanying the payment of the claim or notice of the entity's determi- nation was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request. (b) Informal Oral Presentation. A complainant may request an infor- mal oral presentation before seeking formal review and reconsideration. A request form informal oral presentation shall be filed within the period described in subsection (d) of this section, and within 15 days of the re- quest the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attor. ney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on the claim. The pub- lic entity shall make a summary of the maners discussed in the oral pre- sentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presen- tation. (c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complsinanttequests moretime m gatherand prepare additional material forconsideration ormview and demonstrates areasonable basis therefor, the complainant's request should be granted. Pate 275 66158 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsidera- tion shall make a request to the public enuty within eighteen months fol- lowing the date he moves from the property or the date he receives final compensation for the property, whichever is later. § 6158. Formal Review and Reconsideration by the Public Entity. (a) General. The public entity shall consider the request for review and shall decide whether a modification of its initial determination is neces- sary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall in- form him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross --examination u may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted ad- minisuative appeal. (b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: (I ) All material upon which the public agency based its original deter- mination including all applicable rules and regulations, except that no ev- idence shall be relied upon where aclaimant has been improperly denied an opportunity to convert the evidence or cross­examine the witness. (2) The reasons given by the claimant for requesting review and recon. sideration of the claim. (3) Any additional written ormicvant documentary material submitted �\ by the claimant. 9�II� (4) Any further information which the public entity in its discretion. obtains by request, investigation, or research, to ensure fair and full re- view of the claim. (c) Determination on Review by Public Entity. (1)The determination on review by the public entity shall include, but is not limited to: (A) The public entity's decision on reconsideration of the claim. (B) The factual and legal basis upon which the decision msts, including any pertinent explmauon or rationale. (C) A statement to the claimant of the right to further administrative appeal, if the public entity has such en appeal structure, or if not, a state. inert to the claimant that administrative remedies have been exhausted and judicial review may be sought. (2) The determination shall be in writing with a copy provided to the claimant. (d) Time Limits. (1) The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last material sub. mitted for consideration by the claimant of the date of the hearing, which- ever is later. (2) In the case of complaints dismissed for untimeliness or for any oth- er reason not based on the merits of the claim, the public entity shall fur- nish a written statement to the claimant stating the reason for the dismiss- al of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. § 6160. Refusals to Waive Time Limitation. ® Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088. a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for re- view shall be filed within 90 days of the claimant's receipt of the public entity's determination. § 6162. Extension of Time Limits. The time limits specified in Section 6156 may be extended for good cause by the public entity. § 6164. Recommendations by Third Party. Upon agreement between the claimant and the public entity, a mutual. ly acceptable thud party or parties may review the claim and make advi. sory recommendations thereon to the head of the public entity forits final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provi. sions of this Article. Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all ides and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly de- nied access to any relevant material bearing on the claim, such matenal may not be relied upon in reviewing the initial determination. § 6166. Review of Files by Claimant Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly dc- nied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. § 6168. Effect of Determination on Other Persons. The principles established in all determinations by apublic entity shall be considered as precedent for all eligible persons in similar situations re- gardless of whether or not a person has filed a written request for review. All written determinations shall be kept on file and available for public review. 16170. Right to Counsel. Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all stages of the proceedings set forth in these sections. § 6172. Stay of Displacement Pending Review. If a complainant seeks to prevent displacement, the public entity shall not require the complainant to move until at least 20 days after it has made a determination and the complainant has had an opportunity to seek judi- cial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. § 6174. Joint Complainants. Where more than one person is aggrieved by the failure of the public entity to refer them to comparable permanent or adequate temporary re- placement housing the complainants may join in filing a single written request forrevicw. A determination shall be made by the public entity for each of the complainants. § 6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such admirus- trtuive remedies as are available under this Article. Article 6. Acquisition Policies § 6180. Purpose. The purpose of this Article is to set forth the practices to be followed with respect to acquisition of real property by a public entity. Public enti- ties shall, to the greatest extent practicable, be guided by these practices. § 6182. Acquisition. (a) A public entity shall make every reasonable effort to acquire prop- erty by negotiation and to do so expeditiously. (b) Before negotiations are initiated (see subsection 6008(n)) a public entity shall: ftge 276 (tit -co) Title 25 Department of Housing and Communitv Development Programs ¢ 6182 1 (1) Have the property appraised, giving the owner his representative designated in writing an opportunity, by reasonable advance written no- tice, to accompany the appraiser during the inspection of the property; (2) If the owner of real property is also the owner of a business con- ducted on the real propcny to be acquired oron the remainder, inform him of his possible right tocompensation for loss of goodwill. The public enu- ty should include a copy of the pertinent provisions of the Eminent Do- main Daw (Code of Civil Procedure Sections 1230.010 ei seq. ). (3) Establish an amount it believes to be just compensation for the property, which amount sha1L in no event, be less than the public entity's approved appraisal of the fair market value of the property as improved. (c) The determination of just compensation shall be based upon con- sideration of: (1) The real property being acquired; (2) Where the real property acquired is pan of a larger parcel, the inju- ry, if any, to the remainder, and (3) Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertain- ing to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as aresult of its location, reputa- tion for dependability, skill or quality, and any other circumstances re- sulting in probable retention of old or acquisition of new patronage. (d) As soon as possible after the amount of just compensation is estab- lished, the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written state- ment of the basis fordetermination of just compensation. The statement shall include the following: (1) A general statement of the public use for which the property is to be acquired. (2) A dcscripuon of the location and extent of the property to be taken, with sufficient detail forreasonable identification, and the interest to be acquired. (3) An inventory identifying the buildings, structures. fixtures, and other improvements. (4) A recital of the amount of the offer and a statement that such amount: (A) Is the full amount believed by the public entity to bejustcompensa- tion for the property taken; (B) Is not less than the approved appraisal of the fair market value of the property as improved; (C) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such pub - be improvement- other than that due to physical deterioration within the reasonable control of the owner or occupant; and (D) Does not reflect any considemtion of or allowance for any reloca- tion assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity, except for an amount to compensate the owner for that portion of loss of goodwill pro- vided in accordance with Section 6100. (5) If the real property is a portion of a larger parcel, the statement shall include an apportionment of the total estimated just compensation for the partial acquisition between the value of the property being taken and the amount of damage, if any, to the remainder of the larger parcel from which such property is taken. (6) If the owner of the real property to be acquired is also the owner of a business conducted upon the property orthe remainder, the statement shall include an indication of the amount of compensation for loss of goodwill. (e) At the initiation of negotiations (see subsection 6008(n)) a public entity shall provide written notification to the owner of a business con- ducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, concerning his possible right to com- pensation for loss of goodwill. The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1230.010 et seq. ). (f) 0 ) If after receiving the public entity's offer the owner requests ad- ditional information regarding the determination of just compensation. the public entity shall provide the following information to the extent that the determination of just compensation is based thereon: (A) The date of valuation used. (B) The highest and best use of the property. (C) The applicable zoning. (D) Identification of some of the sales, contracts to sell and purchase, and leases supporting the determination of value. (E) If the property is a portion of a larger parcel, a description of the larger parcel, with sufficient detail for reasonable identification. (2) With respect to each sale, contract, or lease provided in accordance with (I)(D) above, the following data should be provided: (A) The names and business or residence addresses, if known, of the parties to the transaction. (B) The location of the property subject to the transaction. (C) The date of transaction. (D) The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circum- stances, the public entity may, if the document is available for inspection, state the place where and the times when it is available for inspection. (3) The requirements of this subsection do not apply to requests made after an eminent domain proceeding is commenced. (g) Whenever a part of a parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left .in such size, shape or condition m to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the owner so desires. For the purposes of these Guidelines an "uneconomic rem. nant" shall be a parcel of real property in which the ownerretains an inter- est after partial acquisition of his property and which has little or no utility or value to such owner. (Nothing in this subsection is intended to limit a public entity's authority to acquire real property.) (h) Nothing in this section shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise provided by law. (i) (1) Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be rele- vant as to the question of value and to suggest modification in the pro- posed terms and conditions of the purchase, end the public entity shall carefully consider the owner's presentation. (2) Prior to commencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the character or condition of the property indicates the need for a new appraisal or if a sig- nificant delay has occurred since the determination ofjust compensauon, the public entity shall have its appraisal updated. If a modification in the public entity's determination of just compensation is warn ucd, an ap- propriate price adjustment shall be made and the new amount determined to bejust compensation shall be promptly offered in writing to the owner. 0) (1) In no event shall the public entity either advance the time of con- demnation, or defer negotiations orcondemnation on the deposit of funds in court for the use of the owner, or take any other action coercive or mis- leading in nature, in order to compel or induce an agreement on the price to be paid for the property. (2) If any interest in property is tobe acquired by exemiw of the power of eminent domain, the public entity shall promptly institute formal con- demnation proceedings. No public entity shall intentionally make it nec- essary for an owner to institute legal proceedings to prove the fact of the taking of this real property. Page 277 (a-r-ve) ¢ 6184 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 ¢ 6164. Notice of Decision to Appraise. The public enuty shallprovide the owner with written notice of its dc- ®cision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum. that: (a) A specific area is being considered for a particular public use; (b) The owner's property has been determined to be located within the area; and (c) The owner's property, which shall be generally described. may be acquired in connection with the public use. f,. II,; CIJ 16186. Tlme of Offer. The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to Appraise. (See section 6184.) ¢ 6188. Notice of land Acqulsttlon Procedures. (a) At the time the public entity notifies an owner of its decision to ap- praise real property it shall furnish the owner a written explanation of its land acquisition procedures, describing in non -technical, understand- able terms the public entity's acquisition procedures and the principal rights and options available to the owner. (b) The notice shall include the following: (1) A desc7ipuon of the basic objective of the public entity's land ac- quisition program and a reference to the availability of the public entity's statement covering relocation benefits for which an owner occupant may be eligible; (2) A statement that the owner or his representative designated in writ- ing shall be given the opportunity to accompany each appraiser during his inspection of the property. (3) A statement that if the acquisition of any part of real property would leave the owner with an uneconomic remnant as defined in subsection 6182(g) the public entity will offer to acquire the uneconomic remnant; if the owner so desires; (4) A statement that if the owner is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material, which the public entity will carefully consider. and that if a voluntary agreement cannot be reached the public entity, m soon as possible, will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property, g1v- ing notice of the latter as provided in section 6190. (5) A statement that construction m development of a project shall be so scheduled that no person lawfully occupying real property shall be m- quued to move from a dwelling (assuming a replacement dwelling as rc- qu red by these Guidelines will be available) or to move his business or farm operation without at least 90days written notice from the public en- tity of the date by which the move is required; and (6) A statement that, if arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termina- tion by the public entity on short notice, the rental will not exceed the less- er of the fair rental value of the property to short term occupier or the pro rats portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c).) ¢ 6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public entity which has forwarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in wrung on the owner, all persons occupying the property and all other persons potentially eligi- ble for rclocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property. It shall be served not later than 10 days following the date of the public entity decision not to acquire. ¢ 6192. Incidental Expenses. If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident to transfer. Among the expenses requir- ing payment are: recording fees, transfer fees and similarexpenses inci. dent to the conveyance of real property, and the pro rata portion of charges for public service such as water, sewage and trash collection which are allowable to a period subsequent to the date of transfer of title to the public entity or the effective date of possession of such property by the public entity, whichever is earlier. The public entity shall inform the owner that he may apply fora rebate of the pro rats portion of any real property taxes paid. Hrsroav I. Amendment filed 11-5-76 u an emergency; designated effective 11-27-76 (Register 76. No. 441. 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 16194. Short Term Rental. (a) If the public permits an owner or tenant to occupy the real property acquired on a rental basis for a short-term or for a period subject to termi- nation by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value ton short-term occupier or the pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c).) (b) A post -acquisition tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than 30 days notice of termination of the tenancy. HtsioRY 1. Amendment of subsection (b) filed 11-5-76 u an emergency; designated ef- fective 11-27-76 (Register 76. No. 44). 2. Cute of Compliance filed 2-16-77 (Register 7/, No. 8). ¢ 6195. Public Information. The purchase pnce and other consideration paid by the public entity is public information and shall be made available upon request. ¢ 6196. Service of Notice. Service of all notices required by this article shall be made either by first class mail or by personal service upon the person to be notified. ¢ 6198. NonpossessoryInterest Exception. The provisions of 61821 b), tc). (d)(4), and (f) and 6198 shall not apply to the acquisition of any easement, right -of --way, covenant or other non - possessory interest in real property to be acquired for the construction. reconstruction, alteration, enlargement, maintenance, renewal, repair or replacement of sub -surface sewers, waterlines or appurtenance, drains. septic tanks, or storm water drains. Attachment A Minimum Contents of Informational Statcmcm(s) For Dutriburion To Business Displaced Concerns Item To Be Included Penow and Others I. General description ofthe nature endtypesof acti. vities that will be undertaken, including an den - tit -ration of area which may involve displace. ment. A diagrammatic sketch of the project anew should be attached. x x 2. Statement that pubbc action may result in displace- ment but that w one lawfully occupymg proper - ty will be required to surrender possession with out u least 90 days' written notice from the pub- lic entity and no one will be required to move un- til 90 days after the provision of information. x x 3. Assurance that families and individuals will not be requited to move before reasonable offm of de - am. safe, sanitary and otherwise comparable housing within their financial means have been made, except for the causes set forth in the local agency's eviction policy (which shall be in accor- dattce with swum 6058.) x Page 278 ca-s-vo1 TfUe 25 Deparumnt of Housing and Community Development Programs lit 6,500 Item To Be Included 4. Csenetsl dexYipum of types of relocation psymrncc available, including general eligibility mtena ad a caution against prenutura lWYes that might re- suh in loss of eligibility for R psymeot. 5. Ide siftnum of the agency's relocation progvn and a description of the relocaum servncaa and Ws that will be available. 6. Encouragement to visit the agency't relocation of - fax and cooperate with the staff. The address, irlephooe manlier, and hours of the relocation of- fice should be specified.. 7. Inf xmaum on rephhcetient housing. including: a Brief description of what cmauu es emipare- blt replacemem housing. including physical standards. b. laymen's destx(pum of Federal fait housing law (Tide VIII of Civil Rights Am of 1968), and applicable State and local fair housing laws, as well as rights radar Title IV of the Civil Rights Act of 1964. c. Statement that the public entity (a its agent) will identify comparable rtplrsxmerht dwellings within the financial means of and otherwm avell. able m displaced persons and will provide assis- tance to persons in obtaining bossing of their choice. melding assurance in the referral of com- plaints of dismmmsum to the appropriate Feder- al. State or local fair housing enforcement agency. d. Statement that persons nay seek their own having accommodsums sd urging them. if they do an, to notify the relocation Office price to mak. ing a cornhmntmem na purchase or occupy the property. 8. Statement that the public entity will provide rani nanm antamice in locating relocation scoonvno- datiauss cluding crosuhaum with the Small Business Admiistrsuon and other governmental agencies which might be of assistance. 9. Statement describing requirement for prior notifi- cation to the agency of the business concerns m- tenion a move. 10, Summery of the local agency's evicum policy, which shall be in accordance with the provisions of season 6059. 11. Statement descrtbing the agency's gi ievarre pro- cxdumr. its purpose. and how it may be used. which procedure shall be in accordance with the provi- starts of Article 5. For Diaribwion 2. New Subchapter 3. Articles 1-3 (Sections 63004:150. not causentuve l refnled To 4-1-77 as an emergency; designated effemve 4-5-77 (Register 77. No, 14). Business 3. New Subchapter 3, Articles 1-3 (Sections 6300-62150, not coosecvuve) riled Displaced Concern 8-2-77 as an emergency; designated effective 8-3-77 (Register 77, No. 32). Person and Others 4. Certificate of Nara filed 11-29-77 of Camp Rsemiti77,ile &- 5.Repeaerve Subchapter 3 (Serums 6300-6350, not wosecvuve) filed 6-9-82; eAecvve thirtieth day thereafter (Register 92. No. 24). x x S. Repealer of Subchapter 3 (Sections 6300--6350, net coruccvuve) filed 6-9-82; effectve thirtieth day thereafter (Register 92. No. 24). x x Subchapter 4. Housing Element Guidelines Note Authority cited: Section 50459. Health and Safety Code, sad Section x x 65302(c), Government Code. Reference: Seeman 65302(c). Govermhcnt Code. HLs7oRv 1. New Subchapter 4 (Sectima 6400-6479) 61d 12-.7-77; effective thirtieth day theeafer (Register 77, No. 50). x 2. Amendment filed 5-1-79 as an emergency; effective upon filing (Register 79, No. I8). 3. Arendment filed 8-28-79 u an emergency; effective upon filing (Register 79,No. 35). A Cerifcate of Compliance toast be filed within 120days or erner. gency language will be repealed on 12-26-79. x 4. Cedificate of Compliance filed 10-23-79 (Register 79, No. 43). S. Repealer of Subchapter 4 (Sections 6400.-6180, an cmxecumve) filed 6-9-92; effective thirtieth day thereafter (Register 82, No. 24). For print history, see Register 90. No. 18. Subchapter 5. Department of Housing and x Community Development -Conflict of Interest Code x x x x Subchapter 2. California low -Income Home Management Training Program Note Authority cited: Sections 41226 ad 50626. Health and Safety Code. Ref. eeence: Sections 41220-41229 and 50625-50629, Health and Safety Code. HLirnRY 1. Renumbering from Chapter I. SubchVa 4 (Sectimms I500-1520. not consean- uve) a Chapter 6. Subchapter 2 (Sertioma 6200-6220, era nnaecvuve) filed 1-29-77 n procedural and organuxstionsl: effective upon filing (Register 77. No. 5). For pnor history, see Register 76, No. 19. 2. Repealer of Subchapter 2 (Articles 1-2. Section 6200-6220, not consecutive) filed 6-1940; effective thirtieth day thereafter (Register 80, No. 25). Subchapter 3. Housing Element Guidelines Note Authority cited: Section 50459, Health and Safety Code; aad Section 65302(c), Goverment Code. Refeamee: Section 65302(c), Gmer®e nt Cade. Htarosy 1. Renumbering feria Chapter l,Subtfiagters (Suction 1600-1650, mmcmaccu- tive) in Chapter 6, Sulichapser 3 (Sections 6300.6350, ins oomReernivel filed 1-28-77 as procedural and organizational; effeeuve upon filing (Register 77. No. 5). For prior history, ra Regiuer 76, No. 50. 4 6500• General Provisions. The Political Reform Act, Government Cale Sections 81000. et seq.. requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Adm. Code of Regs. Section 18730. which con - taints the terms of a standard Conflict of Interest Code, which can be in- cmrponted by reference, and which may be amended by the Fair Political Practices Commission mconform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Adm. Code of Regs. Section 18730and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix d which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Con- flict of Interest Code of the Department and Commission of Housing and Community Development. Pursuant to Section 4 (A) of the standard Code, designated employees shall fie statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the Director, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Note Authority tired: Section 97300, Government Code. Reference: Sections 81001, 87300 and 97311, Government Code. HtsmKY 1. New subchapter 5 (sections 6500-6510 ad Appendices A, B and C) filed 2-17-79; effective dutieth day thereafter. Approved by Fair Political Practices Communion 10-4-77 (Register 79, No. 7). 2. Repealer of subchapter 5 (sections 6500-6510 and Appendices A-C) and new sthbchapter 5 (secum 6500 and Appendix) filed 2-26-91; effective thirtieth day thrall. Approved by Fair Political Practices Comex•. on 12-1-80 (Register 91. No. 9). 3. Repealer of anbchapee 5 (secum 65W will Appendix) and new subchapter 5 (section 6500 and Appendices A and B) filed 3-19-95; effective upon filing pursuant to Government Code section I I3462(d). Approved by Fair Political Pnaias Commission 2-13-95 (Register 95. No. 12). 4. Amendment of Appendices A and B filed 11 -174% operative 12-17-99. Apt proved by Fair Political Practices Commission 5-25-89 (Register 89, No. 47). 5. Amendment filed 2-18-92: operative 3-19-91..%bmivzd to OAL far printing only. Approved by Fair Political Practices Caramission 12-17-91 (Register 92. No. 12). Pate 2" - 11 at-rns Io-U:}sr-cat ® EXHIBIT "B" STATE RELOCATION LAW EXHIBIT "B" PUBL:23246_114241 B2338.42 17220 Chapter 145 REGISTRATION OF STATE TAX LIENS GOVERNMENT CODE ' GC _ _ Cron References rMrdin lkM ®� this chapter�iae�Re�venue aMor to nT w g EOQKY Resources 1121019. cation Code 1 40215. Surcharge Law, see Rev. k T.C. ��nar5' notice of hen registration, tfarardow Substances Tea Tea La Aleoholie Beverage Tu Law, See Rev. k T.C. i 48626. see Rev. k T.C. 1 87A76. d8cepe and Tube— prod_" Taa Law. ass a.. k 9oFdse ase Law, t al k T.0 Cleanup Site and Mainteunce T.C. i a0169d Emergency Telephone User E 4w' �' Underground Storage Tank Maintenance Fee �, Rev, k T.C. i 41176. See Rev. k T.C. 15o166.15 Use Fuel Tea Law, an Rev. k T.C. 19Z75. Library References LRRevC m RonaiOng to "as lime. 16 CAL epmL 29 (1960). f 7220. Filing of notice Legislative Committee Comment —Assembly 1980 Addition [tionSeeri71 d amended to make a spesifie reference to ferted to m Section 71505 to file a notice of state tag lien Reetion 7171 which euthonreS Ne twang egendn re- AS provided in this chapter. f 7221. Contents of notice Law Revision Commission Comment 1680 Addition geetlen Boon 7171. 7221 is emended to make it consistent with f 7226. Issuance of certificate by Secretary of date; copy of Filed certificate: combined certificate: Upon request of any person, the Secretary of State Shall issue his of her certificate showing whether there is on file, on the date and hour Stated therein, any ssuecertithis or her certificate of state tax lien naming a particular person, end R a certificate or notice ie on file, giving the date and hour of filing of each certificate or notice. Upon request. the Secretary of State chap W chapter. The certificate shall he issued n bh a comCOPbined of any certificate or notice filed pursuant 9 W of the Contm ao e es or e ce of a tombined certificate--L-1 • • pursuant to Section seetlon. rate send ,.,,.,:e. _�_� (Amended by Stats19g7, a 1348, i 19; Stats.1988, a 3M, 113.) 1 7227. Fflittg less; eaemptfon Le�islettve Committee Continent —Assembly Second 227 toto amended to add the IaSt claoee to IM Amendment �a clause u drawn tlnm Section (� 130 (fesmdg agenne9 wemhend��ty r ed).Section 717/ ., Clnpter 16 RELOCATION ASSISTANCE section 7Y60.6. Legis"tiodin6ra�®d intent.Beetion 7260.7. Rent restrictions: subsidized nonprofit AddRlotso or atit�y � � M tat0 famlia" for bwyrtmme tenants "_W delMbne by 4sterlaks .. . See 726 4 7260 GOVERNMENT CODE GOVERNMENT CODE -- section Section 72EL5. Tenants of multifamily rents) Project. T'L67•B. Nonproft pro special ®e property: act l' LIENS displacement for ISO days er lees: Pot} 7277. Nation of chapter, offered for sale. lily funded rehabilitation of project. -deBaed: notice in writing. tetmureas Surcharge Iaw, see Rev. d T.C. .. Crum References .a Subtnrea Tu Lear. see Rev. It T.C. Ma ddme parkpurrh— reiotm- PlOna• sae lodaaoid development mtharit" relocation tens- Redd • Safety Cade 4 W78L ,is Dbpoad Site Cleanup and Maintenance iw, see Rev. d T.C. f 15871. Was. IC i improv®ent �r relocation rant to tali eLWat• mnd Stooge Tank Maintenmw Fee tar. inthWe etsee v. ! T.C. 4 50155.15. . Tax Law. see Rev. d T.C. f 9275. Code of Regulations References Relocation regm®en4 see 25 CALCode of Rags. Contents of project budget. w 2 Cat Code of Raga 1 B12fi. 4f 1ar4188a.1�. Law R'eriew Commeetarim Eminent dman--rrlootion eaensa. (19821'a Fadb is I J. 762 Assembly eetion TI60b u Me •nonce Of cute tea Gen f 7260. Definitions n ins chapter. As used in this Chapter. a[ Catitomia a county, city, city "Public entity" includes the state, the Regents of the University or public (a) political firing real p behalf of tierces agencies when acquiring teal property, or and county, district" Public authority, public agency, tand he any °ties when corporation in the state or any entity acting on for public use and any person who has the authority to acquire �tmsltt ® any interest Therein, in an y city or county property by eminent domain under state law. d liabt7lty comDa^v or association. corporation, y an individual. partnership, (b) "Person" means Y (c)(1) `Dteplan d person" memo both of the following: his or her personal Property from real (A) Any Person who moves from real propetty, or who moves lied certificate; combined certificate;property. either: intent to acquire or the sequmition of the real Property, N (� a notice of directOf tenor undertaken by a public entity or by any person having an or Il issue his or her certificate showing v certificate or notice of state tax lien whole er in project on am agreement with er acting of a public entity. as the public entity .e, giving the date and hour of filing of adhtitY 60 As a direct result of the h tilitaHnn. damoliia, or Other dlsplaang on which the by a public entity, of teal ProPPn✓. f any certificate or notice fled pursuant may prescribe under a program or project undertaken Y p o in any case in which the public is a residential tenant or conducts a business` r farm �es of this subparagraph. 'residential red certificate " ' " pursuant to Section be N accordance with that person entity determines that the displacement is Permam unit, subdivision (b) of Section 60669 of includes my occupant of a r�dential hotel umt, as defined m as defined in Section 1TW8 of the Copies shall tenant" the Health and Safety Code. and any occupant of employee housing, deed to be in unlawful include any person who has been Health and Safety Code, but shall not occupancy of the displacement dwelling• n who moves from reel Property. or 7261 and 7= any PeleO (B) Solely for the purposes of Sections Ply from real property eithr her in —Assembly moves his er personal (1 As a direct result of a written notice of intent to acquire or the acquisition of other real property, a business or faro operation. for a program or Project whole or in part, on which the person conducts of aunty recorder). Sae Alm Secion T174 mg agency when liability. ssudud). undertaken by a public entity. activity as the public entity the rehabi tattoo• demolition, or other displacing ro on which (� As a direct result of undertaken by a public entity, of other real property May prescribe under a program projecta in any ease in which the public entity determines that the person conducts a ins mess or farm operation, the displacement is permanent. so that. Persona displaced u a result shall he construed SCE (M -•he definition antaieed in this subdil"'s a y� as a result of an owner atrium receive relocation benefits in cases by they �n t@ oa in connection with a subsidized anpro5t of public ego coo anted to acquire the property to ratty otrt the public lent restrictions: facilities for bw-iaame tenants aiolio° pubic use _ the pu be entityis °ther°Os Wfs, daIGUMts a suisrlafts public see wMae the Pof by °isignta by sworlsks • • • AddRlmw a ehrtYM MdwlwQ WV 2" I 7260 GOVERNMENT CODE GOVEBNMEN use. Except persons m families of low and moderate income, u defined in Section 50093 of the Hmkh .(h) "Mortgage" and Safety Code, who are 00eapan4 of housing which was made available to them on a permanent bass paerhase price of. by a public agency and who are required to move from the housing, a "displaced person" shall not include any of the following: (D "Comparably (A) Any person who has been determined to be in unlawful occupancy of the displacement dwellings (1) Decent, saf (B) Any person whose right of possession at the time of moving arose after the date of the public (2) Adequate t entlWs acquisition of the teal property, (3) In the (C) M n who has Y person occupied the real property for the propose of obtaining assistance under; this urp person. A comp chapter• monthly rental cc (D) In any ease in which the public entity acquires property for a program or project (other than not exceed 25 pe a person who was an occupant of the property at the time it was acquired), any person who occupies the (4) Comparabl property for a period subject to termination when the property is needed for the program or project construction. C (3)(A) Notwithstandingfeature•by-featur Section days, a or any other provision of law, a person who it temporarilyuit displaced for not come than 180 days, and who is offered occupancy of a comparable replacement unit of the displacem located within the same apartment complex that contains the unit from which he or she has been (5) In an area displaced, shall not be deemed a "displaced person" for the purposes of this chapter. This paragraph (6) In a locati, shall be applicable only if all of the following conditions are complied with: respect to public (0 All other financial benefits and services otherwise required under this chapter are provided to the (j) "Displsc nc taunts temporarily displaced from their units. (ii) The resident is offered the right to return to his or her, original unit, with rent for the rust 12 causes a person months subsequent to that return being the lower of the following: up to 5 percent higher than the rent ea at the time of displacement; or up to 25 percent of household income. pr ser set appraiser setup (Hi) The temporary unit is not unreasonably impacted by the effecta of the construction, taking into date, supported "Small consideration the ages and physical conditions of the members of the displaced household, and the (D bu estimated period of displacement a reasonable Regulations. (tv) The property is a qualified affordable housing preservation project (rn) "mad aF (B) For the purposes of this paragraph (Amended by (0 "Apartment complex" means four or more residential rental units subject to common ownership and Stats.1994, c. 11 I so in chapter financing that are also located on the same or contiguous parcels. (iD "Qualified affordable housing preservation project" is any complex of four or more units whose owners enter into a recorded regulatory agreement. Caving a term for the useful life of the project with issl Amendrm any entity for the provision of project rehabilitation financing. For this purpose, the regulatory agreement shall require of the owner and all successors and assigns of the owner, as long sea the (c) the definition was or families o regulatory agreement is in effect, that at least 49 percent of the tenants in the project shall have, at the section 60093 of time of the recordation of the regulatory agreement required by this section, incomes not N ezeese of 60 occupants of hour percent of the area median income, adjusted by household sire, as determined by the appropriate agency s permanent hat of the State of California In addition, a project shall be defined as a qualified affordable hovsmg Wood to move c preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating the 1989 l.esialatr on regulatory agreement The Cass smc (d) "Business" means rm o any lawful activity, except a fa perstlorr, conducted for any of the following: entity scans a end ut actin a) (1) Prbnw* for the Purchase, sale, lease, or rental of personal and real property, and for the acquire piope1L, manufactmo, Processing, or marketing of Prodocla, commodities, or any other personal profwrty. added subds. 51. "comparable (2) Primarily for the sale of services to the tie public. cy", "appraoal' (3) Primarily by a nmiprofft organiration. made noisubs4 (Q Solelyfar the Purpose of Section T2EG for assisting in the purchase, male, resale, manufacture and rewrote cut "placed P . processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the raw property, o Mai property, a premises on which any of the above activities are conducted. property, in whr (e) "Farm operation" means any activity conducted solely or primarily for the production of one or person having a public entity, o: mote agricultural products or commodities, including timber, for sale or home use, and customarily public entity to producing these products or cormnoditles in sufffeient quantity to be capable of contributing materially to Ibis definition the operator's aupport placed as a re (0 "Affected property" means am real Y property which actually declines in fair market value because of bmefita in sue an owner partic acquisition by a public entity for public use of other, real property and a change in the use of the real ried out by a p property acquired by the public entity. public use when (g) "Public use" means a me for which real property may be acquired by emment domain. to acquas the Except persons Add", - tr.chmVaa ktdluatad by trrdarlkrr 4WOOMW by astarlske • , • At 290 130VERNMENT CODE I GOVERNMENT CODE 11260 ' (h) 'K , .0. loses, d Bens that lee eemame * gthen to Beane advances on. or the unpaid fined in Section 60093 of the H with mg credit iostiumeats, if any, ere®ed thereby. fable to them on a pertoaneat hatls purchase price of, real propeM, together "displaced person" shall not include (1 ""Comparable replacement dwelling" mean any dw 11hing that is all of the following: ancy of the displacement dwellings arose after the date of the public e of obtaining. assistance under this a program or project (other than a "bed), any person who occupies the needed for the program or project law, a person who is temporarily y of a comparable replacement unit it from which he or she has been es of this chapter. This paragraph d with: ier this chapter are provided to the ;inal unit, with rent for the first 12 np to b percent higher than the rent ne. zca of the construction, taking into :f the displaced household, and the )rojecL :a ect to common ownership and mplex of four or more units whose or the useful life of the project, with For this purpose, the regulatory signs of the owner, as long m the ants in the project shall have, at the i section, incomes not in excess of 60 :termined by the appropriate agency d as a qualified affordable honing ement elects this designtion by so t conducted for any of the following: nal and real property, and for the i, or any other personal property. purchase, ask, resale, manufacture. rty, or services by the erection and faplay is located on the premises on imarily for the production of one or sale or home use, and customarily capable of contributing materially to alines in fair market value because of and a change in the use of the real W' by eminent domain. tMadslls e ' w (1) Decent, safe, and sanitary. (2) Adequate in sire to acrnmmodate the occupants. (3) In the caw of a displaced person who is a crate', within the anon W means o[ the displaced Pelson A comparable replacement dwelling is within the ()cancel mum of a displaced person if the �� any t� housing payment available m the person does monthly rental coat n the he pecng monthly income. not exceed 26 Prra'at of the person's average (4) Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, feature -by -feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present. adverse environmental condition. (� In an am not subject m unroromable n t dwelling with (6) In a location generally not less desirable than the location of the displaced peso respect to public utilities, facilities, services, and the displaced person's place of employment. (j) ,"Displacing agency" means any public entity or person tarrying out a program or project which causes a person to be a displaced person for a public project (k) "Appraisal" mean a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. in "Small business" meansa business as defined in Fart 24 of Title 49 of the Code of Federal Regulation. (m) "Lead agency" means the Department of Honing and Community Development. (Amended by Staa.1981, c. 38h, p. 1571, 1 -1( Stata.1989, 0 828. 4 1; Stat,.1993, e. 861 (A.BS9r'f), 4 1; Ststs.1994, c. 1010 (S.1312063), 1 137.) 1 Bo in dhapte+ed copy. Hatorical and Statutory Not" 11161 A-ehdnrreaL fu iled. in third Hof (c) the dejoition of displaced permits" eta or lamaes of low and moderate ba'rms,"defined in Shawn 6009a of the Resith and Safety Code, who ere 00 post, of honing which was made available on a permanent basis by a phone agescy aod who are re- qubed to move from such housing." Less LalieWioo Men 1989 smaodment brat,,. in mbd. (a), "a "y entity wing on behalf of these "; ided. at the e end of sub, (a) "and "y Peron 'Who has sequin property by cement doemn oiler ante Ina: added subda (i), % (" (f ), and (in), deaeieg. reWecbve- b, "oo-pereble replacement tlrwaine. "diWLsting ag"- cl,.. el", "amau ha m m , and 'led agmcY ; male nonsu6atanvn changes in rods. (d), (e), and (by ";.0010 fth& (el, which had provided; ,pyplacW person throe my pttr ion who move from teal Property, or who moves his Penonml property tram teal property, as a result of the acgmation ot much real property, in whole or in peat, by a Pic entity or by era person having en agreement with or acting on behalf of a public b e entity to Teat, the Few proper". for pehtio acme. 7ba daaninon shall be construed an that persons da- plmxd as a result d pub), action revive relocation benefit, to cases where they ve displaced as a result of an owner p acidi aaoh agreement or an segdatwn car- ded out by a Prielaa person for or to Mementos with a public am where the public entity Is empowered carry not publicha° tom of low and moderate maema FAMMA Peraor or famthes Additional mr eltargaa Mldloagad W tnndanthlr; deletions bY utaniedal 261 "defined m Section 6a19a of the Health end Safety Cade. who are on slen, of honing which was mode available to them on a pa moment basin by a public. urgency and who me requited to move 1}om such bouang, • displaced parson shall not uehrde: (1) soy Peron who. at the time of the public entity's acquisition of the real VmPerty- was oh of the real hot a tanaet a oreopent a lawf i Pu"ao property, and whuae right of possession at the acme of mmvmg arum after the date of the Publu: entity's achh"h- non of the reel proparty end o� Imowiedge of auch acquigum: or (2) use" federal law or reguauoos re- quire such a tenant to be considered � person, eay nnereadmhal tenant a Occupant Is a rewdt of him bear, of his tenancy agnomen[." ilea Loa islaban Seen. a of Stau,199s, c-Mi. (AB.1267), ptwvtdes: 'Nneandstanmug any other proedon of law. no pmri- don of rya aft shall be introduced " ovldence, either dbeetb, by referring to the nose a tnntent, of the ameodDmeme to Section 726D of the e' entCode teffbionanY er! any rode by this act, a mdbedy, through expel a Lay within. a othenrlae refemd lo, in eny ,ne peomog " of the effective date of this n" leglalatioo 7be 19" ®edma t -ads technical cbmges w an - tom with rhm ossat of the C lifotmn Limited Liability CAMpany Act Soy -dilation of Yin by Safs-1994. � 1010 (SB. 2001, nee Historical and &latter Not,a under Business and Professions Code f 128. ere i 7260 linen R fenwz a ReW-ament dw01q, r i 61®7A Code of Reg dabom Refaencae 1 Ralme1 at Moans eve21 CaL Code of lkga . GOVERNMENT CODE Law Renew Comsentw ices New nuddy No. A P. 5& in ssnmt domain (1966) 6 CatLawler Review of enlisted 19M California kpahtim ffi Pat. LJ. 774 (1994). Library Refamm CallfordS Practice Guide: ra..n.rd Tamest. Friedmsc chapter Psragrapb number references to Gros l Beverly. r Gdde's Table Of&asuta for discussing this Section paragrapher WESTLAW Electronic Research Sae WEMAW Electronic Research Guide Nlawkg the Ptefam. NOW of DeeWom Dis9taead person La L In sm veral Displacement of (comer residents of motion bar parts for which marts' jaws was Pormdued to expire by Its own twine after city and county meveyed sublet pas-- b w a as ead�adianrci. Subject toess l' kasehold rig we mder California bone a[ cal ePand for poblk Rnloem. a dtsAssistance and Red Prep• si'4' Acquisition Culdetnea send Nos former part too. dents bad failed to establish grounds for twoult writ of mandate m raquba district fo prepare eeJonyom plan or Aer"'ns Ptuced— Pollutant to California Relocation Amdatance Lear (this section et seq.) and Guidelines. Stc Pbena T. Perry (19a2) 184 CaLRptr. 701, 184 CA3d 748. L lost ssponab m Nothing in Rekedm Assistance Ace (this section et esq.) except for general prohibition %=at amble rsov- arr. may restrict or Ibett a property owneY8 right to remover )st cammwmes.. for loss on bveoaes inventory incurred an a direct result of siab'm ereciss of Power of minent demo L Baldwin Part Redevelopment Agency v. all, (App.2 DisU9eU 802 CaLRptr. 763d 2, 156 CA LL Displaced Person TOM" an who moved and one who wa evided for fan to Pay emu gmatEed a "dbPleced Penns' within "maalaB of this aeclac Ad had sirmdkg to psea chilm Mu college was obligated to Prvnde rVissivinews h deaphe nowetim that to U dhe M 1 72604 Leg(ielati.e fladirtp wed iatmt tatjama McKson v. Raetlmgs Calcite of the Law (App. l Djatl9ee) 230 CALRptr. 176.186 CAM 877. Tenant holding under jams which by not erpued at lem Na Property ja acquired for public ma and who WwfmLbf IPosessi n of the PremiaeS after israws"m of the will gmasy a a 'displaced per- m' ands West's Am.CaLGov.Code i 72e0(c), providing for reksam banedts for person displaced as result of Public eabWs aogtesition of the property. Peter Riewit Sens' Co. V. Rtdrmond Redevelopmmt Agency (App. t DYL19816) 226 Cd.Rptr. 72L 178 C.A9d 436. Lass who held peer without o lies comment became tenant at suRer"ce. and Nos did not quality for reloce. ben benefits ere •'displaced Poem' under West's Ann. Cd.Gov.Cde s 7290(c). Peter Meant Sooa' Co. Y. Rich- mond Redndopment Agency (App. 1 Dlet1989) 22.7 Ce! Rptr. 72s, 178 CABd Ile& Under California Rakes a Assonance and Real Prop. arty Acquisition Guidelines, forms residents of mobile bome park for which murar law wa permibed to again slter city and county conveyed psreal on which park rra sib ded to Public airport district. were not displaced Persons" oar dlePlatement occurred u re- act of Acquisition of real PtaPerty by public entity for POW we w upon written ceder to vm to red property for W bbc lest cOs' 7�ns v. Perry (1982) 194 CsLRptr. PCmos who owned home cermtd laud which had been acquired by state through d wa -hh Poem' entitled tovelocities be though he ahem owned RPtr. 61s7u, 1�01 CAMIham A��t v. Sfa4 (IBSD) 191 CAL W The LMMIRtme finds and declares the fak..g: (1) Displacements a direct rsok of prWignis or projects undertaken of s by a paNie gntrp, is caused by men6er aetrvitieq including leheh0itstlptt, demolition, �otemml. and aegmsitimn. PrlOCIelian ndatmen pdk N meet provide for fair. tmdorm, and Moitable heatalegt of an aHectal AddWoes or.isheingm kWkm ed blf tnderlttet dWtlpre by. setuyta a a.e GOVERNMENT CO: (3) The displacement (4) Wthuniurng the ad' ve&bdng of mmmuniti (6) Implementation of requdremmta and proec (b) This chapter seta a s direct result of Pr chapter is to ensure Uu and projects designed displacement on these (c) The Legislature (1) Public entities t miantanagement and r (2) Uniform proredt feasible, ensure that t_• persons in ementuffly (3) The improvemer shall be undertaken, tr government progmrnu (4) The policies anr. with fair housing regi April 11, 1968 (Public Civil Rights Act of 1' (Added by State.198c 142 US.CA i awl 242 US.CA a 200ar. 1 7260.7. Rent roc Notwithstanding z subdivision (c) of Se for the benefit of for that also reserve eta' tenants, shall be m (Added by Stats.1% 1 7261. Program (a) ... Progm rceo at an fie of my actions Win tudividusis, famdie probie1 ia cement and c cry eervcros c entity. If the ag- where ethe agency may make (b) In giving chi to waist in obtaum: is necessary to re! (c) This advisor appropriate to do (1) Determute r persons oorr—re� (2) Provide sip WMPNMM—o . . locations for . . AddHi GOVERNMENT CODS COVERNMENT CODE 4 7261results(3) The displacement of businesses often results in their ciosure. (4) Minimizing the adverse impact of displacement is essential to maintaining the economic and social 1eell.beina of co mrmaties. 1 (5) Implementation of this chapter has resulted in burdensome, inefficient, and inconsistent compliance mquvements and procedures which may be improved by establishing a lead agency. (b) This chapter establishes a uniform polity for the fair and equitable treatment of persons displaced a a direct result of programs or projects undertaken by a public entity. The primary purpose of this dapter is to ensue that these persons shall Dot suffer disproportionate injuries as a result of Programs i 19at Cati(orn a LetiLatioa pa Put. 'sod projects designed for the benefit of the public as a whole and tominimize the hardship of displacement on these persons. Ph number references to parsgnphs ,mum listings College of the Law (App. I T. 176.186 CAM Sr. I" Mane which has not expired u acquired for public use and who possession of the ps®ians after r will qualify as a "displaced par. 17260(c), pra ldNg diaphced " result of ' the property. Peter Kiexnt IRecievelolment Agency cy (App. I r without owner's consent became id ths did not quabry for raloca- 1140e1 perm" under West's Ann. Pifer Kiewit Sou' Co. v. Rich. 4ewy (App. I DIst1986) 22s CaL 36. cation Assistance and Real Prop. Inez former readenu of mobile meter lease was penmued to leery conveyed parcel on which 'abbc invert chlo 4 were not s displacement occurred as re. y property by public entity for en order to Taste ray property u v. Perry (1992) 194 C&LRptr. x on tamed Land which had been ib "Allocation was "displaced doe bemults eve, though he also .weight v, State (198D) 161 CAL a public entity is caused by and aoquiaition. ble treatment of all a8acted see (c) The Legislature intends all of the following. - (1) Public entities &hall carry out this chapter in a manner which minimize waste, fraud, and mismanagement and reduces unnecessary administrative coats. (2) Uniform procedures for the administration of relocation assistance shall, to the maximum extent feasible, assure that the unique circumstance of any displaced person are taken into account and that persons in essentially similar cinmunstsnces are wcorded equal treatment under this chapter. (3) The improvement of housing canditions of economically disadvantaged persons under thin chapter shall be undertaken, to the ma -mum extent feasible, in coordination with existing federal, state, and local government programs for accomplishing these goals. (4) The policies and procedures of this chapter shall be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under Title VIII of that act of April 11, 1968 (Public Law 90-284), commonly known as the Civil Rights Act of 19681 and Tithe VI of the Civil Rights Act of 1964 s. (Added by Stats.1989, a SM 1 2) 142 USCA 1 3601 at seq. t 42 UILCA 12D00d at seq. 1 7260.7. Rent restrictions; subsidized nonprofit facilities for low-income tenants Notwithstanding any other prevision of law, in furtherance of the goal set forth in paragraph (3) of subdivision (a) of Section 7260.5. nonprofit facilities subsidized pursuant many federal or state program for the benefit of low-income tenants that restrict rent increases based on operating Croat increases, and fhat also receive state funds for renovation and rehabilitation involving the temporary relocation of those tenants, shall be exempt from any restrictions on rents 'unposed pursuant to this chapter. (Added by Stats.1992, c. 1022 (S.R.1664), 1 1.) 1 7261. Program planning; relocation advisory assistantz: local offices; eligible persona (b) In giving this asaistance, the public entity may establish local relocation advisory assistance offices to assist in obtaining replacement facilities for persona, businesses, and farm operations which fad that it e maeenary to relocate because of the inquisition of real property by the public entity. (c) This advisory assistance shall include time measures, facilities, or services which are neceseary or aooreDnate to do all of the fallowing: (1) Determine and make timely recommendations on the reeds and neterenca, if any. of displaced persons or Lion awzi nce. (D Provide arrant and continuing information on the availability, idea prices, and rentals of compare —ix cis • • Mince sent dweRin for displaced • homeowners and tenants, and suitable locations for e • e onuursees and farm ooeafions. Addftlorse or chos oss YMkadd by uderlhr; dalataona by aaterbb Ml 17261 Q0VRRNMV4T CON (2) Assure that. within a ne sonablailhas parbd • !'e prieru dbplaairoaat, to the'etaatt"Bess be resso�y a000mpl-b-A there wM- available in areas rot generally m y lee desirable rapid Y public utilities and public and commercial fadBtas, and at rents or prime within the 8uunrdal mesa at alb lass i families and individuals • ' • demo, cede, and Unitary dwedbuge, sufficient in number to mcet the needs of, and tya0able to, those dbplaeed persons • • • � dwellings gad ressonZ y to their places of ®p Hint. except that, in the ass o a funded prejsa a waiver may be obtained from the federal government (A) A major disaster ere defined in Section 102(2) of the federal Disaster Relief Act of 1974 (B) A state of emergency declared by the president or Governor. e e •(6) Assist a • e e person displaced from a business or farm operation in obtaining and becoming establiahuitable replacement location. • • (6) 9upp information concerning other federal and state • • • programs • • which may be of assistance to ose persons in applying otrr amieunce under the program. • • • M Provide other advisory semoes to displaced persona in order to minimize hardships to those persons. (d) The • • • head of the displaebua agency shall coordinate its relocation aeeisunce program with the project work necessitating the ment and with other planned or proposed activities of other public entities in the community or nearby areas which may affect the implementation of its relocation assistance program. (Amended by Stats.19899, a R28, 1 3.) Historical sued Statutory Notes IMa 1oagWaton sshd. (d), added solid (a) nlsnWf to resters, and made e The iM9 amendment tewrtRa subda (a) and (e), sobsti- omwhoanave charge in subd (lay toted'bed of the dmplaaiig teunry' for "public entity' in Notes of Decisions Rmvey of boozing rands 4. ref 1 tW propery did rot coarser ahlMng of burdm m ealleea of proving what coed each displaced person bi mow from the properties. in eerier for relief order Relo- L Yong of lionizes used estlon Aaleraon Ad. MAE, v. Hastings College of the Colleges fai6oa to madaet ezhnutire aerwy ef lam► 1.n (App-1 DIst11116) 220 Cal-Rptr. 176.185 CJLU M. Ins Deeds of persooz displaced by tolYgds acgmeddm of 1 726L& Repealed by StaILIM. c. SM 1 d 1 726L Eligible expenses; pgment; scheduled dislocation allowesoc business ar fara relocation psgr rnint; regulation by public utilities commission (a) Whenever a program or project to be undertaken by a public entity will result in the displacement at any person, the displaced poison is entitled to payment for actual moving and related expresses as the public entity determines to be reasonable and necessary, including expenses for all of the following: tl) Actual and reasonable expenses in moving b6malf or herself. his or her family, business, or farm operation, or his m her, m his or her fnmlys, personal property.- (2) Actual dived losses of tangible personal property as a result of moving or discontinuing a business rQ form 01MILLI t>, but not to ---d an amount coal to the reasonable menses that would have been required to rebate the property, as determined by the public entity. AddRlarr or this", s tntromed by todevBne; debRone by soaNka 284 GOVERNMENT CODE (3) Actual and reasonable e lbousand dollars (i1,000). (4) Actual and reasonable or small business at its new (b) Any displaced person and who elects to accept th< by subdivision (a) shall Peet according to a schedule eau the Residential Moving BxT ,title 49 of the Code of Fe, (c) Any displaced person accept the payment author ,hall receive a fixed relm business or farm operatior nor more than twenty the under this subdivision, uni substantial loss of patrer establishment not being subdivision, the term "eve farm operation before fet preceding the taxable ye:- acquired, or during any o earnings. and includes err spouse, or his or her dei authorized by this subdr records, financial stater determine the payment payment pursuant tat} replace that display. A from the person's place public entity, may elect The fixed payment she dollars (=,000). A pe to others shall not qua (d) Whenever the ac conducting the busine. personal property fro, expenses under ssbdr from the other proper (e) Whenever It put. subdivision (a), or and (1) The costs of t (2) The public enti Rids submitted in m Commission. No revision o assistance to a ease, of conduce f� (Amended by Stan. I M Legidacion The 1Ms amendmi graph of mod. (a), bur for a replacement bi AddRic 17262 CODE GOVERNMENT CODE (3) Actual and reasonable expenses in searching for a rel""t business or farm, not to eott>'ed one Lcenen4 to the ableesdin histk can many, leas desirable in regard m thousand dollars (f1,000). a displaced farm, nonprofit organintion, ricer within the financial means d (4) Actual and reasonable tutperhsca necessary to reestablish to ten thousand dollars ($10,000). dwellings, sufficient in number to drr°�e � or small business at its new site, but not exceed for under subdivision (a) who is displaced from a dwelling sue o a fended project, n eligible ymEms to a pert t this subdivision in lieu of the payments authorized elects determined d who deten and who elects to accept the payments authorized bybe dislocation allowance which elan " :Ring unless the person has had a by subdivision (a) shall receive a moving expense and co w according to a schedule established by the head of the lead agency. The schedule shall he consistent with Payment Schedule established by .Part 24 of �. except in the case of any of the the Residential Moving Expense and Dislocation Allowance Title 49 of the Code of Federal Regulations. ral sm Dier Relief Act of 1974. (c) My dispLued Person who moves or discontinues his or her business or harm operation and elects to in lieu of the payment authorized by subdivision W. accept the payment authorized by this subdivision shall receive a fixed relocation payment in an amount equal W the avenge annual net earnings 1, the not be less than one thousand dollars (E1.000) ediatel from the dwellin bemuse nti danger to a or astute business or farm operation, except that the payment shall thousand dollars ($20,000). In the case of a business, no payment shall be made nor mom than twenty under this subdivision, unless taNd is not pa ontity is tatisfied that the a commercial enterprise having asiness cannot be relocated leastta one other Pnvt .peration in obtaining and becoming substantial loss of patronage For purposes of this not being acquired, engaged m the same or similar business. of the business or • • ' e • which may be establishment subdivision, the term "average annual net earnings" means one-half of any net earnings and local income (axes during the two taxable years immediately programs 1O r" Corm operation before federal, stale. being preceding the taxable year in which the business or farm operation moves from the real property determines to he coon equitable for establishing -der to minimize hardships to those acquired, or during any other period ss the public entity r her his includes compensation paid by the businem or hers operationeligible Ethe 'SOD asshatance program the torhe earrings, and any paymentr. spouse, or his or her dependents during the two-year or other period. business or farm operation shall snake available its state income tax otherwith r proposed activities of other pubfic implementation of its relocation authorized by this subdivision, the records finanmal statements, and accounting records, for confidential use pursuant n audit y, r advertisingetca In regard to an outd000unt a o this determine the psyment pursuant to this subdivision. necessary ph mouve�aor shall be limited to thepayments which a diepbieing tngenev acquire payment pursuant to this subdivision who is displaced replace that display. MY displaced Person eligible for under subdivision L under criteria established by the t ones for a shoe be {coin the petaon's Die o[ business or farm operation and who eligible fixed in lieu of the payment authorized by enbdivision (a). ao or roe a public entity, nay elec to accept a Payment be ism than one thousand dollars (Sl,9oo) nor more than twnty thousand enc . The nixed payment shall not dollars ($20,000). A Person whose sole business at the dispacement dwelling L the rental o f the property - to others shall not qualify Cor a payment under Chia subdivision. [or a busincae or farm operation cartes the person obi (e) ralaung to renters, and mode a (d) Whenever the acquisition o[ teal property used Er conducting the bunuhees or facto operation to moves h''e1l �yrneentye for moving a a relatheit Lange in subd. (b)t personal ProPerrs b°m ion ( reel prong' ce assistance under Section 7251 Cor moving expenses tinder subdivision (a) or (b) and relocation advisory from the other Property. the cost of in a displaced person under paragraph (t) of (e) Whenever a public entity must pay .sty dal eon warrant shirting of h rden m subdivision (a), or subdivision (d): b the Public Commission. be exempt from regulation Y rag what oared each diaplaeed peifon to 2LrRvues• is arum for relief ender Relo- (1) The coats of the move shall pe bidden for ormance of the work. solid competitive bide from Utilit4w by .Act WICKWo v. liaaynga College cal the st1986) 230 CaLRptr. 179,186 C.&Sd 877. (2) The public entity nnaY regulatiopn the Public exempt Bide submitted in response to the solictations shall be except Commission. _.. .. ___�___.. el....•»Inn wince: business «farm reloeatin (Amended by State.1989, o. 829. 4 5; St&M,993. c. 533 (AB.1502), 4 1.) Historical and Statutory Notes entity will mutt in the displacement (&xg), added solid. (aX4) m1aUng to nxatabhshment ea- t moving and related T nn"^a W u the 19M 1<eation pssus, rewrote scab& (b), added the Let Duce sentences I g expenses for all of the following: 73e lug amadmant rewrote (be introductory Pp- of solid. (c) mlaung to fixed payment in lift of payment graph of auhi (a), limited eligible expenses for searching sndsr euh L (a) srd renal businesses, and made nonsub- his or her family, business, or fans for a replacement business or farm to $lXW L sob& sian ve changes throughout. of moving or discontinuing a business enable expenses that would have been my. DOW111ka e e tri .a«bR, • • • Adtlltitxtr « rJrrtp« iraic.lsa M is �arurss: ddauona W i� 17262 GOVERNMENT CODE ' GOVERNMENT CODE Ctios References Lod of goodwill proof required far compensation, see Code of Chr1 Procedure 1 12A510. Library Refirumcs California Prance Guide: Landlord-Twnt, Friedman. Gore- k Hog". see Guide's Table of Statute for chapter paragraph number references to paragraphs dlsaaaing this section. WESTLAW Electronic Research Sao WES7'LAW Elaeuome Research Guide following the Preface. Notes of Decisions Insructena iS larsrse condesmatiun 1S Santa and regulations 2S L In general Even if instruction improperty submitted to Jury legal issue of which expenses were coveted by Government Code section, so were not recoverable in comment domain proceeding by owner (used to relocate baroness. owner bad failed to dmonstrate actual prejudice in tight of verdict form which did not tilt jury to make special findings as to which item of lose some included in good- will award Redevelopment Agency of City of Emeryville v. A vey Corp. (App. 1 Dial.1992) 6 CaLRptr2d 161, 3 CALAppAth 1357, review denied. LL Rules and teplaltoms Department of general services did no abuse its discre- tion in interpreting provisions of this section permitting payment of relocation benefits to displaced person who moves or disrontinues his business because of acquisition of land by state as requiring that Infamous contribute materially- b income of displaced owner. Albright v. State (1980) 101 CaLRptr. 317, 101 CAM 14. 1 Displaced persons Since property owner had already moved from and discontinued his rental business at condemned property when he applied to stale for relocation issuaoeq episoe- ment property clew was not a part of commercial enterprise having d least one other establishment not being acquired, which was erngaged in the time or, amuler business, and thus property owner was not precluded from receiving h®pamn payment in has of rqual moving expenses incurred by him even though title had cot yet passed to the state. Maine V. Department of General Service (App. 2 Dist 1983) 197 CALRptr. 14L 149 CA3d 6". Under California Rslacation Assistance and Hsi Prop arty Aaryeaitin Guidelines. former readmta of mmbile home park for which muter Was was permitted to expire alter city and county conveyed parcel our wbYh park was, situated to public airport district were not "displaced persons" unless digularament occurred u ra sah of acquisition of real property by public ntity, for public use or upon written order to vacate red properly for public use Sfephene v. Perry (I=) 194 CaLRptr. 701, 124 CA3d 748. LL Inverse coondeomaiUoa frveras wndw , forced to bring inverse action because public entity failed or refused to proceed by way of negotiated purchase or eminent domann, were entitled to relocnion mostance benefits. Beaty V. Imperial 1". Dist (App. 4 Dist.1986) 231 CaLRptr. L29. 186 CA3d M. loverse condemner were not entitled to relocation assistance benefits until there was, find judgment in in. verse condemnation. Besty v. Imperial Irr. Diet (App. 4 DbL1999) 231 Cd.Rptr. 128, 186 CA3d M. LL Instructions In ®inert domain proceeding, jury was properly in- structed to disregard evidence regarding search for new bu ate and equation related to moving and rem. Walling equipment at new ate and to disregard whether those expenses would be pad in separate acimmurtetive proceeding. Rdnelapment Agency of City of Emeryville v. Arvay Corp. (App. 1 DiaL1992) 6 CaLR902d 161. 3 Cal-AppAth 1367. revers, denied. Irrtruction that whether owner whose property was object of eminent domain proceeding would be paid for relocation expenses, and if eo, bow much, had no bearing upon any issue in eminent domain proceeding and that jury — to robots from any lnfereae, speculation, ar Nroessem upon that subject; might have beentomatoes. sary, but was not prejudicial to property ownm Eminent Doman Law excludes recovery of expenses payable as reioetwn sssoslance under Government Code "'Zoos. Redevelopment Agency of City of Emeryville Y. Amy Corp. (App. 1 DtsL1992) 6 CsLRptr2d 161, 3 C&Wp.4th 1357. review denied. 7. Damages - Gneel rule is that constitution don not require Lom- pems el on for personal property no affixed to condemned realty. County of San Diego v. Cabrillo Laura Inc. (App. 4 Dirt1991h 12 CaLRptr.ld 613, 10 CaLA"Ath 676, madi- BeeL review denied. Tomt of nd®ed ptupvty was not entitled N mmpenutin for sconces losua emawd by YPtidadng treasury of movable personal property when personal meamot o of ad®nee. rather Nan cundemnsary set in and of itself. puled failure of eloeti00. County of Ss Diego v. Cabrillo I.amsa, Inn. (AM 4 D4L19921 12 CaLRptr.2d 6M 10 CaLApp.4th 676. modified, review dried 1 7262.5. Tenants of multifamily rental project; displacement for Igo dare or Ins; publicly funded rehabilitation of project (a) Notwithstanding Section 72663 or arty other provision of law, taunts residing in any muhifamily rental project of four or more units who are displaced from the project for a period of 180 days or lease as Add Has or drgaa It dloated'by rerdas7lrta; deletions by aelwhb 296 part of a rehabilitation of that pro deemed permanently displaced if (1) All other financial benefits tenants temporarily displaced fro (2) The resident is offered the months subsequent to that return. at the time of displacement; or L (3) The estimated time of displ preservation project (b) For the purposes of this se, meaning set forth in subpatagral (Added by Stats.1993, c. 861 (A.1 Ias1 I<gislation Section 3 of Stats.1993. c 861 (. "'4oreithstanding any other provic eon of this act shall be introduced Review of selected 1993 California L.J. 774 0994) 1 '72f3. Additional payments (a) In addition to the paymey acquisition, shall make a paymer with a dwelling actually owned i of abode for not leas than 18C property. e v e (b) The payment, not to exce the following factors: (1) The amount, if any, which public emit equals the reason: (2) The amount, if any, whic which ' ' ' the owner is rege dwelling. The amount shall be encumbered by a bona fide mo. immediately prior to the initiat coo es on the acquired dwr mall be computed using the Ins or the outstanding principal bar remaining term e ' ' on the i value of the increased interest fir the actual inteest rate on it debt service costs incurred by For the purposes of this subc as defined in subdivision (h) of advances on, or the unpaid pur scarred thereby. (3) Reasonable expenses ine other closing frosts incident ti experines. (c) The additional payment purchasra espies a dece from the later of the following Additions or char GOVERNMENT CODE §7263 GOVERNMENT CODE ® part of a rehabilitation of that project, that is funded in whole or in part by a public entity, shall not be deemed permanently displaced if all of the following criteria are satisfied: (1) All other financial benefits and services otherwise required under this chapter are provided to the tenants temporarily displaced from their units. including relocation to a comparable replacement unit. (2) The resident is offered the right to return to hie or her original unit. with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent number references to paragraphs at the time of displacement: or up to 25 percent of household income. tion' (3) The estimated thne of displacement is reasonable, and the project is a qualified affordable housing preservation project (b) For the purposes of this section, "qualified affordable housing preservation project" sha0. have the meaning set forth in subparagraph (B) of paragraph (3) of subdivision (c) of Section 7260. r (Added by Stats.1993, c. 851 (A.B.1257), 4 2.) Historical and Statutory Notes i 1993 Laaidation directly, by referring to the name or contents of the 1 .vtion s, forced to brio inverse action B mandmenu m Section 7260 of the Government Code , Section 3 of Saa.1993, c 861 (A.B.1267), provides: made by due a4 or indirectly, through teoumony of any ailed or refused to proceed by way "Notwithstanding any other Pmwiaion of law, no Pmovn- expert or lay witness, or othemise referred to, in any ar eminent domain, were entitled Sion of this act shall be introduced as evidence. ether action pending as of the effeLuve date of thea act" e benedte. Beaty v. Imperial Irr. �. 231 CaLRptr. 128. 186 CA.3d 897. . were not entitled to relocation Law Review Commentaries 'd there was anal judgment in in. deaty v. Imperial Ire. Diet. (App. a Review of selected 1993 California legislation. 26 Per: r. 128. 196 C.A3d M. LJ. 774 (1994). proceeding jury was properly in- 6 7263. Additional payments to displaced dwelling owner, amount; seniors evidence regarding search for new enme related to moving and ran- (a) In addition to the payments required by Section 7262, the public entity, ae a part of the cost of new site and to disregard whether acquisition, shall make a payment to the owner of real property acquired for public use which is improved , be paid in separate administrative with a dwelling actually owned and occupied by the owner as a permanent or customary and usual place tenant Agency of City of Emeryville of abode for not leas than 180 days prior to the vitiation of negotiation for the acquisition of that - 1992) 6 C&LRptr2d 161. 3 e* 0 property.i� j1 ,e owner whose property wax WE" (b) The payment. not to exceed twenty-two thousand five hundred dollars (=,500). shall be based on roan proceeding would he paid for the following factors: t A If an, how much, had no bearing unent domain proceeding and that (1) The amount, if any, which, when added to the acquisition ' ' • cost of the dwelling acquired by the rom any inference, speculation. or public entity equals the reasonable cost of a comparable replacement dwelling - - ,object might have been unmea- to owner. EMiMnL (2) The amount if any, which will compensate the displaced owner for any increased interest costs udicial property t recovery of expenses payable as which e ' ' the owner is required to pay for financing the acquisition of a comparable replacement order Covemment Code matron. dwelling. The amount shall be paid only if the dwelling acquired e • ' by the displacing agency was y of City of Emeryville Y. Amy encumbered by a bona fide mortgage which wait a valid lien on the dwelling for not leas than 180 days f2) 5 C&LRptr2d 161, 3 Ca1App.4th immediately prior to the initiation of negotiatioia for the acquisition of the dwelling. ' ' ' All of the ' mortgages on the acquired dwelling ' ' ' shall be used to compute the payment ' ' . The amount �. lesser of the balance of the mortgage on the replacement dwelling ci : cwutrutuan does not require coin- shall be computed using the principal or the outstanding principal balance of the mortgage on the acquired dwelling and the s ' ' lesser of the I property not affixed to condemned remaining term • • on the acquired dwelling m the actual term of the new mortgage. The present c Diego v. Cabrillo lanes Ins (App. value of the increased inter®t costa &hall be computed based on the lesser of the prevaling Interest rate ,a2d 613, 10 C&LAppdth 676, meth- t6u errnwl ;nearest rate. on the replacement oropertv. The amount shall auto include other reasonable debt service costa incurred by the displaced owner. nod property was not entitled to nomic law sassed by liquidating - For the purposes of this subdivision, if the replacement dwelling is a mobilehome, the term "mortgage:' -_ • personal property when personal as defined in subdivision (h) of Section 7260, shall include those liens as are commonly given to secure deranee, rather than condemnatory advances on, or the unpaid purchase price of, mobilehomes, together with the credit instruments, if any, owed failure of relocation. County of secured thereby. wpo. La, Inc (Aa Diat1M) 12 C&LAppAth 676, modified, review (3) Reasonable expenses incurred by the displaced owner for evidence of title, recording fees. and other closing costa incident to the purchase of the replacement dwelling, but not including prepaid 0 days or leas; Publicly funded expenses. (e) The additional payment sgtharired by this section shall be made only to a displace+l owner who a' • purchases a decent. aafe, an�eandarY replacement dwelling • • • within one year r vita residing in any multifamily from the later of the following: r a period of 190 days or Ins as tntdeallna; daMllona WWIW a • • • , AddYlofa Or fJW�M Irtdkatad by by a0sirfaks e a • 2B7 $ 7263 GOVERNMENT CODE ,tin:_... L is date • • • the displaced person receives • • • flnal payment • • • for the displacement (2) The date the dsplacing agency fallills its obligation to make available at least 2ne comparable repacement dweWn¢ to the displaced person. — However, the displacing agency may extend the period for good cause. Also, the displaced owner and the public entity may agree in writing that displacedowner cony, remain in occupancy of the acquired dwelling as a tenant of the public entity on the conditions that the displaced owner shall only be entitled to the payment authorized by this eection on the date on which s s • the owner moves from the acquired dwelling and that the payment shall be in an amount equal to that to w is a owner would have been entitled if the owner had purchased and occupied a replacement dwelling one year su ssequent to the date on which t`�payment was received • • • for the acquired dwelling from the public entity. (d) In implementing this chapter, it is the intent of the Leoivlatum that srwdi.1 rnm.:dnrati�r b ":,,e_ (Amended by Stats.1981, c. 385, p., 1571, § 2; State.1982, c. 802, p. 3089, § 1; Stats.1989, c. 8'28, § 6.1 Historical and Statutory Notes 1981 Amendment. Added the words tin a permanent or nutomary and usual place of abode" to the first mnunm of sub(. (2); deleted the words "movea from the dwelling acquired by the public entity" frorn solid. (e) and added the lag sentence. 1982 Amendment. Rewrote the provisions comprising the third and subsequent sentences of the first paragraph and added the second paragraph to soled. (b) (2) in lieu of the third and fourth sentences formerly contained thereon. 1289 Legislation The 198a amendment deleted the second sentence of subd. (a) relating W reduction of the 180dsy requirement if all other rcgwrementa satisfied, increased the manmum payment in robd. (b) from 415,00o to g22". added solid. (d) relating W semors. and mwrote subd. (bXl) and (2) and solid. (c), which had provided: "(b) The payment. not to nosed fifteen thousand dol- lars (11115,000), aha0 be based on the following factors: -0) 7-he amount.. if any, which, when added W the acquisition payment equals the reasonable cost of a com. parable replacement dwelling determined. in accordance with standards eeubliehed by the public entity, W be a decent, safe. and sanitary dwelling adequate W aeommo date the displaced owner, reasonably acoeable to public services and the displaced peram's place of employment, end available on the market. "(2) The amount, if any, which will compenute the displaced owner for any increased interest emu which he is required W pay for druncing the acquisition of a comparable replacement dwalkag. The anoOt shall be paid only if the acquired dwalling was encumbered by ■ boas Ede mortgage which was a valid lien on the dwelling for rat less than 180 days prior to the initiation of negotiations for the acquisition of such dwelling. This emtpenastion is based on m amount, if any, whirb, if applied to reduce the .bela a of the mortgage on the eeplecement dwelling, will reduce the combined principal and interest payment on the mortgage on the replacement dwelling W the same level as the payment on the mow gage on the acquired changing. The amount shad be computed using the lesser of the principal balance of the mortgage on the replacement dwelling or the outdanding principal balance of the mortgage on the acquired dwell- ing and the allot, rernutting term as that on the acquired dwelling. The amount shall also include other reasonable debt service costs incurred by the displaced owner. "(e) The payment shall be made only to a displaced owner who Purdas and occipses a replacement dwelling that meals standards established by the public entity within one year subsequent to the date on which he retavei from the public entity final payment of all costs of the dwelling acquired by the public entity. However, the displaced owner and the public entity may agree in wnt- ingthat the displaced owner may remain in occupancy of the acquired dwelling as a tenant of the public entity on the conditions that the displaced owner shall only be entitled W the payment authorized by this section on the data on which he moves from the acquired dwelling and that the payment shag be in an amount equal W that W which he would have been entitled if he had purchased and oceupded a replacanent dwelling one year subsequent to the date on which he rtaeircd foul payment of all roan of the steed dwelling from the public entity." Library References California, Practice Guide: landlord-Teasnt. Friedman, chapter paragraph number references W paragraphs Gera 6 Rogarty. see Guide's 7UW of Statutes for discussing tide seenon. Notes of Decisions Retroactive Application 1S L In general Barons who owned home on lased land which had basis aequired M spate by modtmealm wee properly anodawd as dwi dft ownes not camera and therefore w enfold W ralootia beneft of up to sibA00 Albright v. State (1980) 161 CaLRptr. 317, 101 C-Ud 14 LL Retroactive application Persons who moved from owned dwellings on leased lad acquired by arse by condemnation prior W data of aF9rLsaeess of Cos salon mid. payment of relaeauon assistance maedawY wen pot sabdad W retroactive -Addillons ar ehrpseit0efldsd.b4nrtdelYt� dslatlons by gNsrisb e.•.• .2W GOVERNMENT application of this a CeLRptr. 317, 101 C- § 7264. Addition' (a) In addition b entity shall make a payment under Set customary and uzu public entity for th, result of acquisitie. (b) The payment amount whirl[ is ne period not to exce payments enabling exceed 42 months, Part 24 of Mile 49 two hundred fifty Section 7264.5 an a ration of a payment dwelling shall take (c) Anv person E payment on, and , replacement dwells subdivision for the displaced homeown more than 180 day the payment shall subdivision (b) of E immediately prior (d) In implemem given to assisting a replacement dweliii (Amended by Slats 1981 Amendment. or customary and u sentence of mood. (a). 1989 Legislation The 1999 amendmc provided: "(a) In ddidon W 72M as a part of the Nall nuke a payment from any dwelling not Section 7283 which wt ands Person as a Perot of abode for not leas ti negotiation by the pub property. If a dupe 90day requirement, it. Cagfaeau Practice C Garda k Hagarq. Addition GOVERNMENT CODE final Payment e e e for the diapls, till amount of eatimatea�� alit roes taauon make available at least one cam ble nod cause. Also, the displaced 0"" and may remain in occupancy of the acquired displaced owner shall only be entitled the owner moves from the acquired hat to w i e owner would have been dwelling one year su sequent to the date velling from the public entity. lature that a consideration be ¢fivers mspta,ed cersons 62 veary of age 12. P. 3089, 3 1; Stats.1989, a 828, 4 6.) votes ortgage which was a valid hen on the dwelling s than 180 days prior to the initiation of for the acquisition of such dwelling. This n n based on an amount, if any, which. if educe the balance of the mortgage on the dwelling, wi6 reduce the combined pnnepal Payment on the mortgage on the replacement the acme level as the payment on the more* soqured dwelling. Ile nnount shall be eng the lesser of the principal balance of the placement dwelling or the outstanding the mongaga on the acquired dwell -ring term as that on the acquired ee Mount Shah sloo include other reasonable costs incurred by the deplaced owner. syment shah be made only to a displaced treLases and ooeupks a replacement dwelbag +undards established by the public entit; 'eu Subsequant to the date on which he the pubbe entity final payment of all costa of wquir'ed by the public enuty. However. the er and the public enuty may agree in wm. remain -solaced owner may rain in nnapmey of w alhng as a rerant of the public enuty on :.at the displaced owner shall only be f4Yment authorized by thin section on the he moves from the sequired dwelling and .ent shall be in an amount equal to that to Id have been entitled if he had purdawd I replacement dwelling one year subsequent which he rvem,ed anal psyment of W ooau dwellingddwelling from the public entity." u'agraph number references to paragraphs this secuon. to 11 On beaeft of up to 0 to (1980) 161 C 317, 01C.A 3d14. 'ire npptitation moved hum owned On leaned O state by conderensom OT to date men- making payment of ?a',— on wee sae entitled w na,,,tne try sstarlal s e - CODE 4 7264 i of this section. Albright v. Stare (100) 161 317, 101 C.A3d It 7264. Additional payment: permits ineligible for payment tmder f 7264: Anion (a) In addition to the payments required by Section 728Z as a part of the cost of acquisition, the public entity shall make a payment to any displaced person displaced from any dwelling not eligible to receive a payment under Section 72M which was actually and lawfully occupied by the person as a permanent or customary and usual place of abode for not leas than 90 days prior to the initiation of negotiation by the pubhe entity for the acquisition of e e e the dwelling or in any case in which displacement is not a direct result of acquisition or any other event which the public entity shall prescribe. (b) The payment, not to exceed five thousand two hundred fiRv dollars %5,250), shall be the additional amount which is necessary to enable the person to lease or rent a comparable replacement dwelling for a period not to exceed v e e 48 months However, publicly funded transportation projects shall make (Amended by Stats.1981, a 385, p. 1571, 1 3; Stats.1989, c. 8M, 4 7.) Historical and Statutory Notes 1981 Amera ment. Added the w0 "ss a Permanent or customary and usual place of abode" to the fret sentence of subd. (a). 1989 Legislation Ile 1909 amendment rewrote the aeerion. whieh had provided: "(a) In addition to the Paymeou required by Section 72M as ■ part of the cost of acglda tiom the public entity shall make a payment to any displaced person displaced foes sty dwelling not elloble to receive a payment under Section 7263 which was actually and lawfully occupied by mach Person as a per®errt or wefamary and usual place of abode for not lees than 90 days prim to the indation of negotiation by the public entity for the aegmaftion of loch property. If a displaced person saddles all but the 90.day ragmiment. and if in the judgment of the public 131F111TD entity the ernrrrretanree warrant it, the public entity may re. the requirement ss necessary. a(b) Such payment, not to exceed four thousand dollars (1114M). shall be the additional amount which is necessary to enable such person w lease or rent for a period not to eased four yam, m to make the down -payment on the poreltue of. a decent. safe, and asnitary dwelling of standards adequate to amunnu date such person in area not generally less deeaabie in regard to public utilities and public and txiomsdal fad5tim. -(c) H the payment's to be used as a downpayment for the mcla siition of a decent safe. and sanitary dwel5ng of each standards. the payment shall rwt exceed two thm- nod dollars MOW). unless the amount in excess thereof is equally matched by such pmam." . - Library References CLWoruia Practice (iaids; 1Andard-7inen4 Feisiman, taepter paragraph nu aber roke to PeragraPhs (Ares k Haguq. sass Cedds's Tab1a of Btatatr for dY®ug tbo daetiun. Addllom-ar alrpM Wilvelsd by lsldsAbleq.dalstimn by'odw4b� 20 I W 17264 Notes of Deeisioro L In general Negotiation between Stale and lessee of land acquired by State for purchase of three -sae portion of based property occupied by bursts was mat a new aegsmuon under this chapter that entitled taunts to full benefits under the this chapter. when suite did not acquire prop- sery as result of the negumbon and tents were evicted because their taumxa were in breach of terns of original Ilse. Gana Y. Anthony (App. 6 Dfrt1989) 259 CLLRptr. 39L 211 CALAppJd 467, review denied GOVERNMENT CODE Cit's failure to follow guidelines under this section for negotiating with Wdowner under Relocation Assistance Act could not create, cause of action in averse condemns. flan. Than Y. City of Santa Barbera (1980) 162 CaLRpir. 210, 101 CA3d 934. caroorari denied 101 S.CL 271. Persons who owned houses on band land which had been acquired by state by condemnation was properly considered as dwelling owners, not renters, and therefore were entitled to relocation benefits of up to $15,000. Albright v. State (1900) 161 CLLLRptr. 317. 101 C.A-W 14. 1 7264.5. Replacement homing unamilable; use of project f ssida; exceeding maximum payable amounta; comparable homing requirement; waiver, tax aseesament information W If a program or project undertaken by the public entity cannot proceed on a timely basis because housing cannot otherwise be made available, the public entity shall e to Drovide the dwellings by use of funds authorized for the pmj (b) No person shall be required to move from his or her dwelling became of its acquisition by a public entity, unless s e e comparable replacement homing r' is available W • e e the person. (e) For purposes of determining the applicability of subdivision (a), the public entity is hereby designated as a duly authorized administrative body of the state for the purposes of subdivision (c) of Section 408 of the Revenue and Taxation Code. (d) e " e Subdivision (b) shall not apply to a displaced owner who agrees in writing with the public entity to remain in occupancy of the acquired dwelling ss provided in subdivision (c) of Section 7263. (Amended by Stats.1981, c. 385, p. 1671, 1 /; Stats.1989, c. 82S, 1 8.) Historical and Statutory Notes 1961 Amendment. Substituted. In mind. (a), the words "comparable replacement housing" and'nut housin' for 'such housing"; and added subd. (d). 1989 Legtdalion The 1999 amendment made a nonsubeantive change in solid. (it). and rewrote Nod& (a) and @L whichhad provided: "(s) If comparable replacement bousiur is not available and the public entity determines that comparable replace- Lesuglh of miss 1 ee 2 ment housing cannot otherwise be made available, the public entity stall this funds authorized for the project for which the teal property: or interest thereat. is being sogared to provide that housing. "(b) No person shad be required to move from his dwelling because of its acquisition by a public entitv. unless then a replacement housing. as described in pan - graph (3) of subdivision (c) of Section 7261, avadeble to him." Notes of Decisions 1. Comparable replacement lousing Taunts allegedly displaced by mllegas acquisition of residential property failed to establish college's oonoom. pliance with this set and their entitlement to 375 hosts of "comparable replacement housing." McKeon v. Hastings CAUW of the Law (App. I Dletl986) 2W CLLRptr. 17a. 185 CAM 877. L Length of residence Ninety day residency requirement of Gov. Code 9 7264 did rat apply to preclude tenants in buildings on atate- owned land bum being considered for last resort housing following termination of their tenancies, where no comps. ruble repl&ement housing ws available Gads v. An- thony (App. 6Ia UM) 269 CLLRptr. 393, 211 C&LApp3d 497, review denied. 1 7295. Airport property acquisition; contiguous property; additional payment W In addition to the payments required by Section 726Z as a cost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) The affected property shall be immediately contiguous to property acquired for airport purposes and the Wall shall have owuWlWpsope ty affected by acquoitian by the public entity not less thus 180 days prior to the initiation of negotiation for acquisition of the acquired property. Addlikors.or c0artpaa Ytdiratad by widarlivis clMsllons by aWariska 290 GOVERNMENT (c) The payment amount, if any, whit property owner neat and a change in the (d) The amount, ; &cording to rules a regulations &hall lint market value of affe property. (Amended by State. 190 Legislation The 1989 amendme. from $IUW to fi change► 1726&3. Paymer Nations] diseten, r op o nta, use Health 17267.1. Acquui (a) The public t negotiation. (b) Real propert designated repmw inspection of the p in cases involving (Amended by Slat IM I egidsfion The 1999 smendn sbd. (b), misting u nosubsWnve rbsni Duty 2 2. Duty City's alleged an sate, its allegedly u of land W its alle; in path to use of W son of special duty t Alleged ass were be landowners' desire City and County of CaRptr. 17, 226 C, 1 7267.1 Just c (a) Prior to ad, for the acquisitioi compensation the for the full amou offer may be con Addnl GOVERNMENT CODE a guideline under this section for Isndonnr under Relocation Assistance, ate cause, of action in inverse condemlJ y of Santa Barbara (IM) 162 CsLRp, 934, teroorari denied 101 S.CL 271. wood human on leaned land which had state by condemenoos were prop" 'Ding ownelS na restart. and therefore relocation benefits of up to $16Ao0. I990) 161 CaLRpa. 317, lol CAM le. s; exceeding maximum payable r, tax axssssment information proceed on a timely basis because holy determines that comparable icy shall take env ettion necessary the oroiecL This— eeru`nn .i,on ause of its acquisition by a public to • • v the Person. a), the public entity is hereby ie purposes of subdivision (c) of .green in writing with the public subdivision (c) of Section 7263. ' otherwise be made Available, the fords Authorized for the project for arty, or interest thereof, Is being .cat housing. W be required to move from Ius its acquisition by a public enuty, ment housing, as deacnbed in pars- on (c) of Section 7261, available to ,ce y requirement of Gov. Code 1 726e .ode tenants in buildings on staw. considered for last resort housing -f their unanciea, where no compa. ling was available. Garcia v. An- ) 269 CLLRptr. 393.211 CaLApp3d It payment . uisition, the public entity shall s of this section. acquired for airport purposes public entity not less than 180 roperty. y awarstks • • a GOVERNMENT CODE § 7267.2 (e) The payment, not to eased tan thousand five hundred dollan (M,5M , shall be the soomr4 if any, which equals the actual decline in the fair et va ue of the Properly of the affected Property own" eased by the acquisition by the public entity for airport purpoera of other real property tnd a change in the use of the property. (d) The amount. if any, of actual decline in fair market value of affected property shall be determined according to rules and regulation adopted by the public entity Pursuant to this chapter. The miss and mptiab ohm shall )unit Payment under this section only to thus- crm mamDm in which the decline in fair market value of affetled property is reasonably scaled to oW*Uve physical ChAZWO in the use of acquired Property. Amended by Shts.1989, a 8M 4 9.) Historical and Statutory Notes IM9 ughtlabon The 190 amendment increased the auto payment bum SIUW W MW And nude mumoeunava &&Nt- 1 7265.1 PgymentA; advisory assistance; temporary housing; relocation Cross References Natural disastem rehabilitation of renal housing devd- opments, saw Health and adety, Cods C 6e671.6. 6 T267.L Acquisition by negotiatimm; appraisal (a) The public entity shall make every reasonable effort to acquire expedittously real property by negotiation. (b) Red property shall be appraised before the initiation of negotiations, and the Owner, or designated representative, shall be given An opportunity to accompany the appraiser durirq inspection of the property. Howeven the mhhlir entitv n,......e. i— ....�...�..� (Amended by State,1989, a 8M 6 lo.) Historical and Statutory Notes 1989 legislation The 19e9 amendment added the second sentence of rood (b), relating to wa in of the appruat and coeds noosubsuntive chaogea. Notes of Decisions Duty 2 2. Duty City's alleged attempt to keep IAnd in undnekped state. its Allegedly unreasonable offer to purchase portion of kind, and its alleged plarament of formidable obstacles in path W ON of land could na be construed u aerump One of special duty to protect laedunhar interests; citys ALWW acre wee bet described se comuntly adverse to landowners' desire W Mslop their property. I mth v. City and County of San Frandses (App. 1 Dist1990) Z76 CLLRptr. 17,225 CaIAppsd sa Ceys Alle6ed Promise W purchase portion of Land a fair market value sou not assumption of duty of epeal protection toward bmdawnert who sought to develop m maining portion at land; hike all property acquired through emneo domain. city wax obligated tc purchase Los Iota At fair market vahr Smith v. City and County of San nc � LApp. I Diat.1990) n6 CLLRptr. 17. 225 Thin section did not Impose on city general tort duty With reapat W Isadownm' application for development. Smith v. City And County of San Francisco (App. I DbL1999) 275 CaLRptr. 17, 226 CLLApp3d 38. 4 72672. Just a anipeorlim; pmpMy offend for axle by owner Deer for sale defined La Prier to adopting A rmWution of necessity pursuant to Section 1245MOI and initiating negotiations for the acguidtion of real ioperty, the public entity shall establish an amount which it believes W be just comperwMwn therefor, and shall make as offm to the owner or owners of yeemd to acqu�teFie property for the full ammm so established, mtkaA the owner emmot be loosed with rmsorubie dilige ma The offer may be eon iftned upon the legislative body's tetffintion of the offer by emsetrtlon of a contract of AdMota or chanpaa Indkatwd by tardarlbrr, deleHors by Mlerma • • e 291 f 7267.2 GOVERNMENT CODE s quit entity's of a resolution of necessity or both. Ice ton event shall the arnount be less than the public approved appraisal of the fair market value of the property. AUy decease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the Pttb6c Improvement for which the Property is acquired, or by the likelihood that the Property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the ama or occupant, shall be disregarded in determining the compensation for the property. The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. Where the property, involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be slimed to renew a copy of the appraisal upon which the offer is based. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (c) As used in subdivision (b) "offered for sale" means any of the following-, (1) Directly offered by the landowner to the public entity for a scetifed price in advance of negotaatione v the public entity (Amended by Stats.1982, a lo59, p. 3834, 4 3; Staus.1983, c. 1079, 4 3; Staus.1985, c. 1106, 4 IJ I Cade of Civil Procedure_ 13iatorical and Statutory Not" 1"2 Ameedmeat. Substituted the lanna agge at the )sulsolY is aryuired" in plate of "for which such propwty hsginrinrg of the Met moans prmading "the public is acquired" and "aha0 be these ded- for',, be dim, "tity &hall" for "Before the initiation of oegotiatione for guided" in the fourth sentence. real property': and following "aba0 make" automated "an 1962 Amendment. Iseertad unless the owner cannot for "a prompt offer" and following "offer' inserted "to the owner or owners of record"; inserted the second be located with reasonable diligence" in the first sentence. sentence: substituted "the" for "such" before "property- 1986 AmeMnent Designated the former provisions in the third sentence; and substituted -for which the m mbd. (a) and added subd. (b). Cron Refererrces Expenses of litigation, court to consider offer made ' Resolution of necessity, declaration to state that offer pursuan14 t to this section, see Code of Civil procedure under this section has been made. see Code of Civil f Hazardous Procedure 6 1266=0. Nol diston substances to r property o be acquired 6y donedi263.76 offer tu pmehsee, sea Cade M Civil Pros Arse f 12s3.7fA. Law Review Commentaries Premndemstion Activities--Chatimgsug need in Cali- fornia Breads It Rena. comment 81 Santa Clara 1-Rev. 147 (1990). Notes of Decisions In general I resolution of necessity and irdtiating negotiations for se. a property pe offer 1 Rquiutine on of real Property to e in which fit purchased Baal peepvfr 2 Property in routine bay/sell transaction required interpR 8lateewnt of basis 2 Winn of statute, which was question of )m for Corot of Appeal's independent determination. Maimed v. City of L in general Lung Reach (AM 2 DIst19f0) 18 CaLRptr.Zd 729. 15 Cal App.4fh 70. Question of apptlesbuity of su mee requiring pat& wol. 71us section establish" "mandatey' re mrmenw tim to der just aampfflamunn is uaneat on uses than whhA most be Observed by any public entity palming to approved aPPrnsal vslm of Property prior to adopting atlas maim domain pmemd ogs through remi has of AddMlmsy w tRasgyr 1nd117attad by 1stMtwlkts; dtdetbrta by sstarlska is 292 GOVFRNDi M Cone , GOVE>> OUM-ORB 17267.8 in event shall the amount be less than the 1e property. iinY decrease or Increase in he date of valuation caused by the public hood that the property would be squired ition within the reasonable comml of the mpersation for the property. The public vith a written statement of, and summary 1. Where the property involved to owner sidential units, the homeowner shall, upon h the offer is based. Where appropriate, mages to remaudng real property shall be site an offer to the owner or owners of believes to be just compensation therefor ified price less than the amount the public entity offers a pnce which is equal to the landowner, and (3) no federal funds are it. of the following: ty for a speed price in adcmnce of iublished, specified prim set no more than nuts initiates contact month the landowner t c. 1079. ¢ 3; Stata.1995, c. 1106, ¢ 1.) Notes " in place of "for which such propeny `shall be disregarded" for hill be disrc Ioath sentence. nendreenl. Inserted ", unless the owner cannot nth reasonable diligence" in the first sentence. merdement Designated the former provisions a)and added subd.(b). .an of necessity, deciarsuon to state that offer 9 section has been made, see Code of CM1 10 1245230. aim of necessity and idt ding negotiations for w- rf real property to case in winch city purchased in routine buy/sell transaction required interpre- stamte, which was question of law for Coat of independent determination. Melamed v. City of rh (AM. 2 Dfet19M) 18 CaLRptr2,d 729. 15 th 70. setde establish" "mandatory' runt nu in be observed by my public entity pimmng to wade do mem proceedings throngs readutio, of arm by Weriaka seminity ab at, an Jos v. 6asd Oala Weir ao. (App, 1 D1t19SD 8B7 CARpfr. Bt6, He CAM loft i Real gswPeay ... .. Dlndentide of vale and dae>ee to m01g1 prearisting beef imi seed by cayll dopMsten Of wale dames is saes tmsdoried'LFm6 of Property: for which now ws entitled to all ampssstim and bsaWA rrsPropWe an - der Inn of —t doosin. City of Ran Joss T. Great Oafs Wafer Co. (Apy. I DfsLlaRn 297 0e11147. set, 192 CABS IODL ... Dtlbty's 'property IntasC is fa Public Utility Coo- ®asiderattled envies as was'raal propstty bass a that dfy could acquire intends only If it Ent made offer to unlnty and provided utility with wrstea satmnt erpFsioing why offer war jaL aty of San Jose v. Great Oaks Water Co. (App. 1 DaLIWn 277 CsLRptr. 845.192 C.A.2d 1006. 1. Statement of basis Oiler far paparly s bs taken by eminent dnosm mat be atmmpanad by written statement of leads for the amount established se Just ®pen den People s ML Dept, of I)nui v. Cie (Apt. 1 DW.1992) 9 CaLRptr2d 7fA, 7 CsLApp.4th 1Y81. rehearing daded, Indrs deletd Property owan waived my objection in eminent do - coda acum to adequacy of writs" appraise, atatment of bads of offer for the property by failing to object during administrative proceedings before the Transportation Cammadoa People art rel. Dept. of Trump. v. Cie (App. l OW19= 9 CeLRptr2d 760, 7 CdAW4th 1281, 4. Amended of OHM , PWAC entity to .*qoo to oRr Jane, compensation to segaee teal property in aoodet no Ism than approved Mwmad value of wopuq only In connection with eur- du of is moment I I powar, Application of statute requiring offer of Jast 4ompensatm in aocdet m less than approved apprimal value is Banned to aogoteitima of popety which require resolution of netwdty. Mellowed v. sty of Img Beach (App. 2 DUL19M) 18 CALRptr.2d 72k 15 CW AppAth 70. Rago4em®L that public entity offer market value se lade, ®paaitide pia to armdsi"g is eminent domain pow, serves, salutary purposes of allowing acquisitions to be expedited and Ismadng like8bood of litigation; btrwev- r, outside moment el main contact, on public policy is aavad by rWliatng minmtum pis at which pubge mtity tray purchase property, and compelling public entity in par toe than sell, a willing to accept a punWss and results in waste of scum public rasomva Meamed v. sty of Lung Baarh (AM 2 Dut1M IS CaLRptr2d 729. 15 CaLApp.4th 70. Public entity may offer to lad less than fair market value to acquire real property if owner offers to sell property at speeded prim Wow what public entity be- Mesr to be loan. numpm mum. and public entity offers pis which a equal to owners eking prim. Melamed v. City of Lang Beach (App. 2 MAUS 3) 18 CaLRptr.2d 729, 16 CaLAppAth 70. ¢ 7267.E Condemnation proeeedittp: institution by public entity instead of by owner Notes of Decisions I. In general property wear was asttied to damags for ins,ee md®ation from city, with expect in developed prop,- ty; dtya premndmmtion conduct in threatening coo- dmaton was aessaable.and interfered with owners use, and enjoyment of Property, drys oEr of core au - Ede of 221,WD It face of possible saeee®ent of at least. f60.0ff and is refusal to consider ariamom damages were both unrriunsdleand citys attivits constituted breach of statutory duty under this section. City of toe Angels v. TBm (1908)191 CaLRpa. 229, 142 CA.3d 694. ¢ 7267.7. Acquisition of entire property: avoidance of uneconomic remnant: donation of property jg If the acquisition of only a portion of a property would leave the remaining portion in such a shape or condition as to constitute an uneconomic remnant. the public entity shall offer to ' ' ' acquire the entire oronaty if the owner m desires. Historical and Statutory Notes 1a89 Legislation TTa 1969 amendment added the subdivision daigns- nons. deleted "and may' premdrug acquire" in aid (a), and added solid (b) talstiM to donsaon of PvPWLY. ¢ 12678, Rules and ragulstiotu of public entities; priority of federal law (a) All public entities shall adopt roles and regulations to implement Payments and to administer relocation assistance under • • • this chapter. These rules and regulations shall be in accordance with the e e e Hiles and regulations adopted by the —apartment of Housing and Community ve opment (b) Notwithstanding • • • subdivision (a), with respect to a federally funded project, a public entity aball make relocation assistance payments and provide relocation advisory assistance m required under federal law. I . . I- (Amended by Stats.1981), t llfl2, P. 3969, ¢ 1; State-1909, a SM ¢ 12) ilddltlogaa of gretpw Ysdkatad by undarlinw,, deladmag by adarltb 293 4 7267.8 GOVERNMENT CODE ' GOVERNMENT CC Notes of Decision Discretion of department 2 Federally funded projects 4 Minimum paymaris, a L Discretion of department _ Fur purposes of payment of relocation haedts to own- ers of homes on leered property which had been acquired by &ate by condemanstain, the department of poersl sources did not abuse its discretion in adopting ragw u,, prwidims that tenants in ®bo m mid be collectively a ,].L as a "family" to only me payment of rebcrdon benefits. Albright Y. Skate (1980) 161 Cdlptr. 817, 101 C" 14. L Minimum Payments Federally allowed payments to persons duNeeed by ■ mmut doom proceeding for rabcauon payment, and mdatsm a ara m tin a wbinb most be paid on feclarstly mob,W ProjeRa. United Auto Workers. local 887 v. Dept of Trump, 41pp. 2 Dbc1996) 25 CALRptr.Pd 2W a, redenslly funded projects Bdocatin assistance ance was swmlable adder California caw to anion requin go mom becomes of cendmnatim (w highway project which area, Partially funded by federal gurernmen4 awn tbomgh federal law did not entitle union to web soddaom United Auto Workers, Local 897 v. Dapt of Tri sp. (App. 2 DI&L1968) 25 CALRptr2,d 290. 1 7267.9. Nonprofit, special on property; acquisition procedures (a) Prior to the initiation of negotiation for acquisition by a public entity or public utility of nonprofit special use property, as defined by Section 123&155 of the Code of Civil Procedure, the acquiring public entity or public utility &hall make every reasonable effort to seek alternative property which is other than nonprofit special use property. However, this requirement shall not apply to properties acquired by public entities for transportation purposes, including, but not limited to, the construction, expansion, or improvement of atreets, highways, or railways. (b) This section does not apply to action or ptaaeding& commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, mural gas, or flood control facilities, or rightaof-way when those acquisition neither require removal or destruction of existing improvements, nor render the property unfit for the owner's present or proposed use. (Added by Stata.1992, t 7 (S.H.821), 1 6.) Historical and Statutory Notes IaM Iaglslutlon Section 7 of Ststs.196L a 7 (&B.821), presides: 16a ebsogs made by this sec ahaa apply to amount dtssma scrims or prmedimp n®meed on or alter immory 1, IWL• - 1 7268. Repealed by Stats.1980, c. 1182, p. 3959, 1 2 1 7269. State of psymentr, income tax sand public assistance Lj No payment received by any person under this chapter or as tenant relocation assistance required by env state statute or local ordinance shall be considered as income for the purposes of the Personal Income Tex Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Rank and Corporation Tax Law, Part 11 (commemang with Section 23001) of Division 2 of the Revenue and Taxation Code. (b) No payment received by env person under this chapter shall be considered as income or resources to any recipient of public assistance and such payments stall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any other provision of law. (Amended by Stats.1988, c. 1490, 1 1.) Library References CaBforms, Practice Gukts: landlord-Tewd, fyia h m, Garcia k Hagarsy, see Guide's Table of Stunts for chapter Paragraph number references to paragraphs dfa>tsdug this section. Notes of Decision I. Sspplem-dw seesrtty f•msss etude oehiaim.of such payments in calmlatlng sou por. Caefornia Rssuts requiring that reJocaWs assistance tlm of supplemental security ii a payments. Murry paymmu not be m®de ed sa ocema or resources of any T. Severe. CA9 (COL) 19M 786 F2d 940. recipient. Wasrm. s ACal.Gov.Code 4 7289. did not pre- . AddKIa1M aw eltarpm Yrdk:alad by %atdaAtna; dalMtons by saatesidss e . . 2W 1 7272.3. Legislative i FedenBy, funded project, Minimum paymeou I L Minimum payments Federally Wowed psym eminent domain proceedinc as nstance are n umuma , 1 7276. Quasi -public , (a) If a resolution is a acquisition of property i property by eminent do person shall provide eel made by public entities i guidelines adopted by t 7268. . b& This section does (commencing with Sectii public entities which are (Amended by Stats.1m 1 7277. Application of (a) The requirement r apply to a purchase of p. or foreclosure sale, or f property in any of the f offer for We is not ind surrounding lands, and appraiser, and if no fedc "Offered for sale" mess least once a week or lute to Section 1097 of the C (b) At the time of mak the property owner in w (1) The public entity's (2) Any relocation ass. may be forgoing. (Added by Stats.1984, c. its Section 7299.1. Telephone base employment ( of existing fur Add@kwA or 0 CLrA 1esa P.P._i i GOVERNMENT CODE Pay enter lowed payments to persons displaced by m proceeding for rslocatiom psymeeis and minimum, which mart be pod on federally m. United Auto Werkea, Lod 887 .. sp. Vpp. 2 Dlat1998) 26 Cal.Rp r.2d 2w funded projects uosunce was available order Cahfmnu law usd to move because of oomdmn&Um for set which was p,ruag' funded by federal pan though federal law did not entitle t aim once. United Auto Workers, Local 807 v. up. (App. 2 Di,L1993) 25 CaLRptr.2d 290. GOVERNMENT CODE 17272.3. LsgWative intent: minimmn requirements: federal Binds Notes of Dedsions Federally funded projects 2 NUnimmm pgymmu I L Minimum payments Federally allowed payments to person displaced by eminent domain proceeding for relocaCm payments and „,,unce are m a mi ns which in= be pod on federally 07277 gloated projects, United Auto W01100 Local 897 V. Dept of 7Tawp. (App. 2 DIat110) IS CaLRptr.2d 290. L Federally funded projects Relocation amnunoe was available tmdec California law to emon required to mova because of condemnation for highway project which was partially funded by federal government, even though federal law did not entitle umion to such asatuanm United Ann Workers, Local 887 v. Dep• of 7Yan,p. (App. 2 DisL1999) 26 CaLRptr2d 290. 17276. Quad -public entity; compliance with chapter, a mPtions ores (a) U a resolution is adopted under Section 1245930 of the Code of CivO Procedure consenting to the ilic entity or public utility of nonprofit, acquisition of property by eminent domain and the person authorized by the resolution to acquire the f Civil Procedure, the acquiring public property by eminent domain acquires the property by purchase, eminent domain, or otherwise, that lternative property which is other than person shall provide relocation advisory assistance and shall make any of the payments required to be .1 not apply to properties acquired by made by public entities pursuant to the provisions of this chapter in conformity with this chapter and the _ted to, the construction, expansion, or � es adopted by the Commission of Housing and Community Development pursuant to Section need by a public entity or public utility e e e of water, sewer. electricity, telephone. b) This section does not apply to public utilities which are subject to the provisions of Article 6 acquisitions neither require removal or (commencing with Section 600) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code or to fit for the owner's present or proposed public entities which are subject toe 0 •this chapter. (Amended by Stau.1989, c. 828, 1 13.) des by this ere. sh" apply to moment eo®etucad m or after AMW v tenant relocation asst!M required come for the purposes of the Fermanat hvision 2 of the Revenue and Taxation mg with Section 23001) of Division 2 of di be considered as income or resources be deducted from the amount of aid to provisions of law. paragraph number references u paragraphs ng this section. im of web payments in calculating state por- 4menul se®ity Income payment Murray ;Ali (Cal.) Igo& T86 Fad 940. Webom by aafarfalo e e e CI� 1 7277. Application of chapter, "offered for sale," defined: notice in writing (a) The requirement to provide relocation assistance and benefits imposed by this chapter shall not apply to a purchase of property which is offered for sale by the owner, property bebgf sold at execution or foreclosure male, or property being sold pursuant to court order or under court supervision if the property in any of the foregoing situations is either occupied by the owner or is unoccupied, and if the offer for sale in not induced by public entity disposition: planned mndemration, or redevelopment of surrounding lands, and if the sales price is fair market value or less, as determined by a qualified appraiser, and if no federal funds are involved in the acquisition, construction. or project development. "Offered for sale" mess either advertised for sale in a publication of general caet)ation published at least once a week or listed with a licensed real estate broker and published in a multiple )hating, pursuant to Section 1087 of the Civil Code- (b) At the time of making an offer to acquire property under subdivision (a), public entities shall notify the property owner in writing, of the following: - (1) The public entity's platter for developing the property to be &Nuited or the surrounding property. (2) Any relocation assistance and benefits provided pursuant to state law which the property owner may be forgoing. (Added by Stau.1986, c. 146, 11. Amended by Stata.1984, a 1523. 1 1.) Chapter L7.5 USE OF A FOREIGN LANGUAGE IN PUBLIC SERVICES Section Section 7299.1. Telephone based interpretation services; 7299.5. Exemptions from survey and reporting employment of bnlingm it persons: use requirements. of existing funds. -AddWoffa or d m.n9sa Y'Iflleafad by tatAaflhter' dalsNma by aMaltifO a e 2N as CLCd. 1aa6 P-P -11 11 SECTION G An Analysis of the Preliminary Plan The Preliminary Plan for the Amendment to La Quinta Redevelopment Project No. 1 (the "Preliminary Plan") was approved by the City of La Quinta Planning Commission (the "Planning Commission") on February 8, 1994 by Resolution No. 94-004 and accepted by the Agency on February 15, 1994 by Resolution No. RA94-02. The Preliminary Plan described the boundaries of the Project Area and included general statements of the proposed land uses, layout of principle streets, population densities, building intensities, and building standards. It also addressed how the Amended Plan would attain the purposes of the Law. It discussed the conformance with the City's General Plan and discussed the impact upon residents and the surrounding neighborhood. The Amended Plan conforms with the standards and provisions of the Preliminary Plan. The Project Area boundaries, the land uses, and the principal streets indicated in the Preliminary Plan remain the same. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 G-1 Report to Council PLANNING COMMISSION RESOLUTION 94-004 ® A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS PROPOSED TO BE AMENDED WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has established boundaries and formulated a Redevelopment Plan for the La Qttinta Redevelopment Project (the "Project" or "Project No. 1") as approved by Ordinance 43 of the City of La Quinta (the "City"); and, WHEREAS, the Agency and the City desire to consider the amendment of the Redevelopment Plan (the "Original Plan") for the Project; and, WHEREAS, pursuant to such amendment (the "Proposed Amendment") it is contemplated that various provisions of the Original Plan would be amended, but that no change be made to the boundaries of the Project; and, WHEREAS, a draft Preliminary Plan has been formulated and has been received ® by the Planning Commission in the form submitted herewith; and, WHEREAS, the objectives of the Project, as well as the public health, safety, welfare, and morals, would be furthered by the Project Amendment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Preliminary Plan formulated for the La Quinta Redevelopment Project as submitted herewith is hereby accepted and approved. SECTION 2. Staff is authorized and directed to transmit the Preliminary Plan together with a copy of this Resolution to the Agency. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8th day of February, 1994, by the following vote, to wit: AYES: Commissioners Adolph, Ellson, Marrs, Abels, Chairwoman Barows NOES: None ABSENT: None ® ABSTAIN: None RESOPC.128 iU 2 Resolution 94- ATTEST: 1 / 'C L' �C k-- JER Y HERM N, Planning Director City of La Quinnta, California i r � KAirIE BARROWS, Chairwoman City of La Quinta, California RESOPC.128 ® RESOLUTION NO. RA 94-2 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY RECEIVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS PROPOSED TO TO BE AMENDED WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has established boundaries and formulated a Redevelopment Plan for the La Quinta Redevelopment Project (the "Project" or "Project No. I") as approved by Ordinance No. 43 of the City of La Quinta (the "City"); and WHEREAS, the Agency and the City desire to consider the amendment of the Redevelopment Plan (the "Original Plan") for the Project; and WHEREAS, pursuant to such amendment (the "Proposed Amendment") it is contemplated that various provisions of the Original Plan would be amended, but that no change be made to the boundaries of the Project; and WHEREAS, a Preliminary Plan (the "Preliminary Plan") has been formulated and has been approved by the Planning Commission by its Resolution No. 94-004 ; and ® WHEREAS, the objectives of the Project, as well as the public health, safety, welfare and morals would be furthered by the Proposed Amendment; and NOW, THEREFORE, THE LA QUINTA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, AS FOLLOWS: Section 1: The Preliminary Plan formulated for the La Quinta Redevelopment Project is hereby accepted and approved. Section 1: Staff is authorized and directed to make such transmittals as may be required pursuant to Section 33327 of the Health and Safety Code, including confirmation of the equalized assessment roll which shall be used as the base roll. It is contemplated that there shall be no change to the base roll. PASSED, APPROVED and ADOPTED this 15th day of February 1994 by the following vote: AYES: Board Members Bangerter Sniff NOES: None ABSENT: None ABSTAIN: None McCartney, Pena, Perkins, Chairman ® Resolution No. RA 94-2 STANLEY L. SNIFF, Chairman La Quinta Redevelopment Agency ATTEST: SAUNDRA L. JUHOkA, Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: STRADLING, YOCCA, ARLSON & RAUTH Agency Legal Counsel PRELIMINARY PLAN FOR THE AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECT NO. 1 February 1, 1994 Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 619/777-7100 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 ® PRELIMINARY PLAN FOR THE AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECT NO. 1 TABLE OF CONTENTS SECTION I. INTRODUCTION...................................................................................I SECTION H. PROJECT AREA LOCATION AND DESCRIPTION ........................4 SECTION III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS......................................................................4 A. Land Use...................................................................................... 4 B. General Statement of Proposed Layout of PrincipalStreets............................................................................5 ® C. General Statement of Proposed Population Densities ..................... 6 D. General Statement of Proposed Building Intensities .......................6 E. General Statement of Proposed Building Standards .......................6 SECTION IV. ATTAINMENT OF THE PURPOSES OF THE LAW ........................7 SECTION V. CONFORMANCE TO THE GENERAL. PLAN OF THE CITY ......... 9 SECTION VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS.............................................................................. 9 EXHIBIT 1 CITY OF LA QUINTA REGIONAL LOCATION EXHIBIT 2 PROJECT AREA NO. 1 MAP ® PRELMNARY PLAN FOR THE AMENDMENT TO LA QUINTA REDEVELOPMENT PROJECT NO. 1 I. INTRODUCTION This is the Preliminary Plan (the "Preliminary Plan") for the proposed amendment to the adopted Redevelopment Plan (the "Original Plan") for the La Quinta Redevelopment Project No. 1 (the "Project"). The La Quinta Redevelopment Agency (the "Agency") desires to initiate redevelopment plan amendment proceedings pursuant to the California community Redevelopment Law (the "Amendment") to: (1) increase the dollar limit on tax increment revenue the Agency may be allocated from the Project, (2) eliminate the current limit on the amount of bond debt the Agency may have outstanding at any one time (pursuant to the provisions enacted by Assembly Bill 1290), (3) establish new time periods within which the ® Agency may incur debt, commence eminent domain proceedings, and receive tax increment, and (4) expand the public projects list embodied in the Original Plan. When adopted, the Amended 11 Redevelopment Plan for the Project (the "Amended Plan") will supersede and replace the Original Plan, and will guide all future redevelopment activities, projects, and programs in La Quinta Redevelopment Project Area No. 1 (the "Project Area"). The Amendment, however, will not affect the Agency's existing obligations or indebtedness. The City Council of the City of La Quinta activated the Agency on July 5, 1983. Shortly thereafter, in November 1983, the Agency adopted the Original Plan, which established the Project Area. The Project Area includes land designated for commercial, office, residential, retail, institutional, recreational and public uses. The Project Area has not been modified or amended since adoption. 1.q.ft f.ph" 1 02./07/94 Limitations of the Original Plan In 1993, Agency staff initiated discussions with the Agency Board regarding the current limitations of the Original Plan. These constraints hinder the Agency's ability to correct blighting conditions, promote economic development, and facilitate the construction of affordable housing. They involve the following: ® A public projects list which does not accord with the broader statutory authority and enabling provisions of the Original Plan. In pursuing economic development, affordable housing, and other redevelopment activities, the Agency finds that public facility and/or infrastructure improvements are necessary to their success. The Original Plan does not include a comprehensive portfolio of infrastructure and public facility projects that are needed in the 0 Project Area to accommodate development. The omission of these projects from the Original 40 Plan restricts the Agency's efforts to fund their construction. • Financial limits which constrain the Agency's ability to complete current and initiate new redevelopment activities. The Agency has reached the current $35.0 million bond debt limit, and is projected to attain the existing $300.00 million tax increment limit prior to completing current projects. When this occurs, the Agency will not receive tax increment revenue and/or be able to incur additional debt necessary to finance the remaining Agency and taxing entity redevelopment projects. �J bq�u�m 2 02/07/94 ® • Expiration of the eminent domain authority that will inhibit future property consolidation (on a selective basis) which facilitates needed infrastructure projects and eradicates blighting conditions. Although, to date, this authority has been sparingly applied, its availability has been a necessary adjunct to redevelopment project negotiations, and may be critical if the Agency is to implement redevelopment programs when the state and the regional economies recover. Given these limitations, the Agency desires to proceed with the Amendment. The Amendment would address the limitations inherent in the Original Plan, and would provide the Agency with the maximum capabilities to pursue economic development and affordable housing opportunities throughout the Project Area. Prior Amendment/Merger Preliminary Plan On April 13, 1993, the La Quinta Planning Commission approved a preliminary plan which initiated a Project amendment designed to merge the Project with La Quinta Redevelopment Project No. 2, and rectify the aforementioned limitations. This amendment/merger was subsequently abandoned as a result of a litigation settlement agreement with the County of Riverside. Evaluation of the settlement agreement resulted in the decision to not merge the two Projects, but to instead proceed with this Amendment to address the limits embodied in the Original Plan. This Preliminary Plan has been prepared in accordance with Section 33324 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et. sea (the "Law"), which states that a preliminary plan should: (a) describe the boundaries of the project area; ® (b) contain a general statement of land uses, layout of principal streets, population densities, and building intensities and standards; hq�V.pl u 3 02/07/94 (c) show how the purpose of the Law would be attained by such implementation of the redevelopment plan; (d) show how the proposed redevelopment plan conforms to the general plan; and (e) describe, generally, the impact of a redevelopment project upon residents of the project area and surrounding neighborhoods. II. PROJECT AREA LOCATION AND DESCRIPTION The Project Area is located in the City of La Quinta, Riverside County, California. Located in the Coachella Valley, the City of La Quinta is 20 miles southeast of Palm Springs and 237 miles from Los Angeles. The City was incorporated in 1982 and encompasses an area of 28 square miles. The regional location of the City is depicted on Exhibit 1. The Project Area depicted on Exhibit 2 is bounded generally by Avenue 50 to the north, Jefferson Street to the east, Avenue 60 to the south, and the City limit boundary on the west. The Amendment does not propose to either add or delete property from the existing Project Area. III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS A. LAND USES The land uses permitted in the Project Area shall be in conformance with the City of La Quinta General Plan (the "General Plan"), the Zoning Ordinance of the City, and all other state and local building codes and guidelines as they now exist or are hereafter amended. The following uses are presently permitted by the General Plan: �� s 4 02/07/94 ® - RESIDENTIAL Very Low Density Low Density Medium Density High Density - COMMERCIAL Village Commercial Tourist Commercial Special Commercial Mixed Commercial General Commercial Commercial Park - OPEN SPACE - WATER COURSE/FLOOD CONTROL B. GENERAL STATEMENT OF PROPOSED LAYOUT OF PRINCIPAL STREETS The principal streets within the Project Area include Avenue 50, Avenue 52, Avenue 54, Avenue 58, Washington Street, Madison Street, and Jefferson Street. The layout of principal streets and those that may be developed in the fiiture shall conform to the Circulation Element of the General Plan as currently adopted or as hereafter amended. Existing streets within the Project Area may be closed, widened or otherwise modified, and additional streets may be created as necessary for proper pedestrian and/or vehicular circulation provided they are consistent with the General Plan. ' T-Wpl � 5 02/07/94 C. GENERAL STATEMENT OF PROPOSED POPULATION DENSITIES Permitted densities within the Project Area shall conform to the General Plan as currently adopted or as hereafter amended, and applicable ordinances and local codes. D. GENERAL STATEMENT OF PROPOSED BUILDING INTENSITIES Building intensity shall be controlled by limits on: (1) the percentage of the building site covered by the building (land coverage); (2) the ratio of the total floor area for all stories of the building to the area of the building site (floor area ratio); (3) the size and location of the buildable area on the building site; and (4) the heights of the building. The limits on building intensity shall be established in accordance with the provisions of the General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended. The land coverage, sizes and location of the buildable areas will be limited, as is feasible and appropriate, to provide adequate open space and parking. E. GENERAL STATEMENT OF PROPOSED BUILDING STANDARDS Building standards shall conform to the building requirements of applicable local codes and ordinances. The Agency may consider more restrictive requirements and may incorporate such requirements into the Amended Redevelopment Plan in the interest of the public health, safety and welfare. l q-u*eyla 6 02/07/94 ® IV. ATTAINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW The purposes of the Law are to protect and promote the sound development and redevelopment of economically, socially and physically deficient areas, and to protect the general welfare of the inhabitants of the communities in which they dwell. The Amendment would allow the Agency to more comprehensively attain these purposes by expanding the Agency's financial and statutory authority to alleviate conditions of blight, revitalize commercial areas, protect residential uses and neighborhoods, construct additional public improvement and facilities, and develop affordable housing. Through the Amendment, the Agency would address the following circumstances: Public Projects The Law requires that public facility and infrastructure projects must be listed in the redevelopment plan in order for an agency to fund their construction with tax. increment ® revenue. As stated earlier, the existing public projects list is limited and does not accord 11 with the broader statutory authority and enabling provisions of the Original Plan. Further, this list does not include public infrastructure and facilitates projects that are necessary to correct blight, accommodate economic development, and facilitate affordable housing construction. Further, language in the Original Plan frustrates the Agency's ability to gain outside financial support, or to provide needed funding to address particular public improvements. These improvements have been identified by the Agency as community development needs, which would alleviate blight resulting from poor traffic circulation, inadequate street improvements, flooding, and traffic safety. The Amendment would address this deficiency by adding infrastructure and public facility projects to the list of eligible projects. hq�WVVI� 7 ovo7roa Tax Increment Revenue Limits and Bonded Indebtedness The Law states that a redevelopment plan shall include limits on the tax increment revenue an agency may receive and the total bond debt outstanding at one time. The Agency has achieved the current bond debt limit and, as such, cannot issue additional bonds to fund new economic development, infrastructure, or housing projects; the Agency does, however, have the tax increment revenue capacity to support additional bond debt service payments. The existing tax increment limit is projected to be reached prior to repayment of existing debt obligations. This will constrain the Agency's ability to fund projects needed to address blight, and promote affordable housing opportunities. This Amendment will modify these limitations, by increasing the tax increment revenue limit, and eliminating the bond debt limit, pursuant to the provisions of the Law. Extend Time Limits In order to provide the Agency with the capability of repaying future indebtedness and fund additional projects, the Amended Plan will extend the time frames within which the Agency may incur indebtedness, implement redevelopment activities and programs, and receive tax increment revenue. Because funds necessary to finance existing and proposed redevelopment are paid over time, projects extending the time limits will allow the Agency to more fully realize the objectives of the Original Plan. Finally, the Agency seeks to establish a new 12-year duration on the use of eminent domain, as a last resort for property acquisition. While eminent domain historically has been rarely used, it can be a necessary adjunct to negotiations on selective projects involving land assembly and consolidation. h�—v\vWa 8 02/07/94 ® V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY E This Preliminary Plan conforms to the City of La Quinta General Plan, and proposes a consistent pattern of land uses and includes all highways and public facilities as indicated by the General Plan, as it now exists or is hereafter amended. VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS The impact of the Project will generally be in the areas of improved public infrastructure, facilities and services, improved living environment, increased and improved supply of affordable housing, and enhanced employment and economic activity. Redevelopment activities within the Project Area will provide for the improvement, development, replanning, redesign, reconstruction and rehabilitation of the area and the provision of commercial, industrial, public and other structures and open spaces in the interest of the general welfare of the community. It is also anticipated that redevelopment activities orchestrated by the Agency will provide additional employment opportunities and enhance the environmental quality of the community. Thus, the benefits of the Project affect the immediate and long-range economic viability of the entire City. The Amended Plan will be implemented as sufficient financial resources are available. Redevelopment projects are intended to be phased over a period of time, with only a limited amount of direct activity at any one time. Redevelopment projects will be subject to future review and approval by the City Council, Agency, La Quinta Planning Commission and other appropriate bodies after input has been solicited from affected residents, property owners and other interested parties. kq �*0P� 9 02/07/94 EXHIBIT 1 CITY OF LA QUINTA REGIONAL LOCATION ol DESERT HOT SPRINGS • RIVERSIDE Counly C • PALM &MINOS 11 OLAOU" ® EXHIBIT Hill CITY OF LA QUINTA REGIONAL LOCATION ROSENOW SPEVACEK GROUP INC. PROJECT AREA NO. i MAP n II° E Project Area Boundaries —,.—,. _ = mmmmiu...... I mw EXHIBIT 112" PROJECT AREA NO. I MAP ROSENO W 8 PEVACEK GROUP INC. ® SECTION H The Report and Recommendations of the Planning Commission The Planning Commission adopted its report and recommendation on the conformity of the Amended Plan with the City's General Plan on January 31, 1995 by Resolution No. 95-002 (the "Resolution"). A copy of the Resolution is incorporated into this Report by reference. Pursuant to the Resolution, the Planning Commission found that the Amended Plan is in conformity with the City's General Plan and recommended that the Agency and the City adopt the Amended Plan. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 H-1 Report to Council 11 PLANNING COMMISSION RESOLUTION 95-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA RECOMMENDING APPROVAL OF THE PROPOSED REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 AND MAKING ITS REPORT AND RECOMMENDATION AS TO THE CONFORMITY OF THE AMENDED REDEVELOPMENT PLAN WITH THE CITY'S GENERAL PLAN WHEREAS, the City Council Council") did duly pass and adopt Ordinance adopt and approve the Redevelopment Plan "Redevelopment Plan"); and, of the City of La Quinta, California (the "City No. 43 on November 29, 1983, and did thereby for the La Quinta Redevelopment Project (the WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994, and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety code Sections 33000, et seq. (the "Community Redevelopment Law"); and, WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment (".Amendment No. 1 ") to the Redevelopment Plan; and, WHEREAS, a draft Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and, WHEREAS, Section 33346 of the Community Redevelopment Law requires that before the Amended Redevelopment Plan is submitted to the City Council, the Planning Commission shall have the opportunity to review and report on the conformity of the Amended Redevelopment Plan with the City's General Plan (the "General Plan") and pursuant to such review may recommend for or against the approval of the Amended Redevelopment Plan; and, WHEREAS, the Amended Redevelopment Plan provides that the land uses permitted within the La Quinta Redevelopment Project will be those uses permitted within such areas by the General Plan and City Zoning Ordinances as they may be amended from time to time. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta as follows: RESOPC.144 t ® Section 1. The Planning Commission, having reviewed the contents of the proposed Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1 (the "Amended Redevelopment Plan") hereby reports, finds and determines that the Amended Redevelopment Plan is in conformity with the City's General Plan. Section 2. The Planning Commission hereby recommends that the Agency and the City Council approve and adopt the Amended Redevelopment Plan. Section 3. This Resolution shall constitute the report and recommendation of the Planning Commission on the Amended Redevelopment Plan to the Agency and the City Council pursuant to Section 33346 of the Community Redevelopment Law. Section 4. The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any and all actions that may be necessary to effectuate the purpose of this Resolution, or as are appropriate or desirable in the circumstances, including but not limited to the preparation of documents, and the filing and transmittal of documents and information. Section 5. The Planning Commission authorizes and directs Staff to submit this Resolution to the Agency and the City Council. ® PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of La Quinta held this 31st day of January, 1995, by the follow vote, to wit: AYES: Commissioners Abets, Anderson, Barrows, Butler, Newkirk, and Chairman Adolph NOES: None ABSENT: Commissioner Gardner ABSTAIN: None ATTEST: ® )H] City of La DON DOLPH, Chairman City of La Quinta, California , Community Development Director California i. RESOPC.144 SECTION I The Report and Recommendation of the Project Area Committee Pursuant to Section 33385.3 of the Law, the City Council elected to create a 9-member Project Area Committee (the "PAC") to provide policy input on matters relative to the Amendment. On April 20, 1994, during a properly noticed public meeting, interested residents and business and community organization representatives participated in an election of the members of the PAC. The election results were affirmed by the City Council on May 17, 1994. The PAC conducted a total of 7 meetings between June, 1994 and January, 1995, during which they reviewed various documents, including the draft Amended Plan, Preliminary Report, and Draft EIR. In particular, the PAC considered the Agency's proposed redevelopment program for the Project Area, the financial provisions of the Amended Plan, the extension of the power of 411 eminent domain, and the proposed public facilities/infrastructure improvement projects. At their final meeting held on January 11, 1995, the PAC adopted their report and recommendation on the Amended Plan and thereby recommend that the City adopt the Amended Plan. The PAC also requested the inclusion of additional redevelopment projects in the projects list for the Amended Plan. The PAC report and recommendation, in addition to the minutes from all PAC meetings is presented in this Section and are incorporated herein by reference. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 I-1 Report to Council TO: FROM: DATE: RE: 784195 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 MAYOR AND MEMBERS OF THE CITY COUNCIL CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY LA QUINTA PROJECT NO. 1 PROJECT AREA COMMITTEE January 3, 1995 REPORT ON PROPOSED REDEVELOPMENT PLAN AMENDMENTS FOR LA QUINTA REDEVELOPMENT PROJECT NO. I BACKGROUND On May 17, 1994, the City Council affirmed the elected members for the Project Area Committee (PAC) for La Quinta Redevelopment Project No. 1. The PAC was charged with the responsibility of reviewing the Redevelopment Plan, the Draft Environmental Impact Report, the proposed public facility and infrastructure projects, and the Preliminary Report for the proposed Amendment to Redevelopment Plan for Project No. 1. The PAC has met since July 20, 1994, and has reviewed said documents and formulated the following recommendations for Council/Agency consideration. DISCUSSION The PAC has thoroughly reviewed the Redevelopment Plan, Preliminary Report, and Draft Environmental Impact Report, and is concurrence with the reasons and need for the proposed Amendment. Further, the PAC does not have any specific recommendations regarding the Redevelopment Plan text, or the overall direction of the redevelopment program. However, the PAC does submitted the following recommended additions to Exhibit C, Public Facilities and Infrastructure Improvements Projects, of the Redevelopment Plan. e Expand the Jefferson Street rehabilitation and pavement overlay project to include that portion of Jefferson Street from Avenue 52 to Fred Waring. Add a new drainage system improvement project that would provide improvements for drainage facilities located in the southern portion of Project Area No. 1. e Add an additional drainage system project that would improve the drainage channel adjacent Alft to Rhondo Avenue, in a means identical to the improvements made to the drainage channel adjacent to La Fonda Avenue. MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 roc-' Mayor and Members of the City Council Chair and Members of the Redevelopment Agency January 3, 1995 Page 2 List bikeway, pedestrian path, and golf cart path improvements to all park improvements where appropriate. • Add library and public safetyfacilities projects to the listed capital facility improvements. RECOMMENDATION The PAC recommends approval of the proposed Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 1. Further, the PAC recommends that the City Council and Agency incorporate the aforementioned public infrastructure and facility projects in Exhibit C of the Redevelopment Plan. The PAC believes that the Amendment is justified, will eliminate blight, and promote economic development and affordable housing opportunities within Project Area No. 1. C I.Cwnu 13mo I'II TO: FROM: DATE: RE: 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 MAYOR AND MEMBERS OF THE CITY COUNCIL CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY LA QUINTA PROJECT NO. 1 PROJECT AREA COMMITTEE February 1, 1995 CONTINUED PAC INVOLVEMENT IN PROJECT IMPLEMENTATION ACTIVITIES At our January 11, 1995 meeting, the Project Area Committee reviewed its final report and recommendations on the La Quinta Project No. 1 Amendment. Subsequent to approving the report, the PAC then discussed its continued involvement in Project No. 1 implementation activities. In particular, it was the unanimous decision of the PAC to request that the City Council and Redevelopment Agency Board continue to call on the PAC to review various housing, infrastructure, and economic development projects involving La Quinta Project No. 1. Further, the PAC members stated that they would be willing to meet on a quarterly basis to review said projects and proposals. All of the PAC members enjoyed, and obtained great fulfillment from, their participation in the Project amendment process. We believe the knowledge gained during this effort should be constructively employed to the benefit of the City and Agency by participating in future implementation activities. MAILING ADDRESS - P.O. BOX 1504 - lA QUINTA, CALIFORNIA 92253 Iagwnu2imem MINUTES PROJECT AREA COMMITTEE (PAC) Wednesday, January 11, 1995 AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. Committee Members Scott Dalecio, Seth Etinger, Dan Featheringill, Gerald Perschetz, Bruce Swan, and Chairman S. Chevis Hosea Committee Member Stan Long 40 Staff Present: Jerry Herman, Planning and Development Director, and Frank Spevacek, Agency Redevelopment Consultant The meeting was called to order at 6:30 p.m. by Chairman Hosea. It was moved and seconded by Members Perschetz/Etinger to approve the minutes as submitted; said minutes were unanimously approved. '- • ': '-•• . -' . - . asp- ���-� Chairman Hosea initiated discussion regarding the proposed PAC Report on the Project No. 1 Amendment. The PAC members present generally felt that the draft report accurately reflected the PAC's thoughts and recommendations. It was moved by Perschetz, and seconded by Featheringill, and unanimously adopted by the PAC to approve the PAC report on the Redevelopment Plan Amendment for La Quinta Redevelopment Project No. 1 and to direct staff to 40 transmit the report to the City Council and Redevelopment Agency Board. PAC Minutes - January 11, 1995 Page 2 Staff member Herman apprised the PAC of the scheduled joint public hearing and the desirability of PAC member testimony regarding the Amendment. Chairman Hosea stated that he will attend the meeting and urged other PAC members to do so, too. The PAC questioned staff as to their role in implementation activities, if the Project No. 1 Amendment is adopted. Staff outlined the initial three-year term of the PAC and reviewed typical activities involved with Project implementation. The PAC directed staff to draft a memo to the City Council stating the PAC's desire to continue involvement in project implementation activities, reviewing affordable housing, infrastructure, and economic development projects for Project No. 1. The meeting was adjourned at 6:50 p.m. A u 13 MINUTES PROJECT AREA COMNUTTEE (PAC) Wednesday, December 7, 1994 AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. PAC Members Present: Committee Members Scott Dalecio, Seth Etinger, Dan Featheringill, Stan Long, Gerald Perschetz, Bruce Swan, and Chairman S. Chevis Hosea PAC Members Absent: None Staff Present: Am qr Jerry Herman, Planning and Development Director, and Frank Spevacek, Agency Redevelopment Consultant The meeting was called to order at 6:30 p.m. by Chairman Hosea. I. Approval of Minutes from October 19, 1994 It was moved and seconded by Members Featheringill/Perschetz to approve the minutes as submitted; said minutes were unanimously approved. H. Review of Redevelopment Plan, Proposed Amendments. and Project List Chairman Hosea initiated discussion regarding the proposed amendments to the Redevelopment Plan; none of the members had questions regarding the amendments. Attention was then focused upon specific projects as proposed for Exhibit C of the Plan; after considerable discussion, the following modifications and/or additions were made to the projects list: It was moved by Swan, and seconded by Featheringill, and unanimously adopted by the PAC that: bike paths, bikeways, and pedestrianways be added to all road and bridge improvement projects as needed and feasible. PAC Minutes - December 7, 1994 Page 2 It was moved by Hosea, seconded by Etinger, and unanimously approved that: the Jefferson Street rehabilitation and pavement overlay project should be extended from Avenue 52 to Fred Waring. Moved by Hosea, seconded by Dalecio, and unanimously approved by the PAC that: an additional project be identified that would fund storm drain system improvements for facilities located in the southern portion of Project Area No. 1. Moved by Etinger, seconded by Dalecio, and unanimously approved by the PAC to: add an additional drainage system project that calls for improvements to the drainage channel on Rhondo Avenue, which should be identical to the improvements made to the drainage channel located adjacent to La Fonda Avenue. Moved by Swan, seconded by Featheringill, and unanimously approved by the PAC to: add bikeways, pedestrian paths, and golf cart paths as part of all park improvements, where appropriate. Moved by Swan, seconded by Perschetz, and unanimously approved by the PAC to: add a library, and public safety facilities to the listed capital facility improvements. The members did not have any other recommendations or comments on the Redevelopment Plan, listed projects, or the proposed amendments. III. Review and Discussion of the Draft Environmental Impact Report Chairman Hosea asked the members to identify any concerns or questions they had regarding the Draft Environmental Impact Report, no members expressed any concerns or raised any questions. IV. Date and Time of Next PAC Meeting The members established Wednesday, January 11, 1995, as the date for the next meeting; the meeting would be convened at 6:30 p.m. V. Adiournment The meeting was adjourned at 7:35 p.m. 11 11 1 MINUTES PROJECT AREA COMMITTEE (PAC) Wednesday, October 19, 1994 PROPOSED AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. Etinger, Featheringill, Hosea, Long, Perschetz, and Swan PAC Members Absent: Dalecio ® Staff Present: Jerry Herman, Planning and Development Director; and Jim Simon, Agency Redevelopment Consultant The meeting was called to order at 6:30 p.m. Chairperson Hosea noted that he had spoken with Dalecio who was unable to attend the meeting due to a business commitment. �•� • • It "�'SI �i •'. It was moved by Perschetz and seconded by Etinger to approve the minutes from September 13, 1994; the PAC unanimously approved the motion. MEMEM"OrqueTt • u it Imf •• r • Bruce Swan was introduced as the new PAC member to fill one of the Residential Tenant seats. After Swan provided a brief background, a motion was made by Etinger and seconded by Perschetz to accept Swam for the PAC. PAC Minutes - October 19, 1994 Page 2 The PAC then was presented with a review of the Preliminary Report by the Agency's redevelopment consultant. The Agency's redevelopment consultant explained that the purpose of the Preliminary Report is to provide the reasons for the plan amendment. Specifically, the Preliminary Report: (1) restates the physical and economic conditions that were present when Project No. 1 was created in 1983, (2) the Agency's accomplishments with the Project to date, (3) the deficiencies of the existing Redevelopment Plan for the Project that inhibit future redevelopment activities, (4) the financial feasibility of the plan amendment, and (5) the Agency's proposed programs and projects under an amended Redevelopment Plan. The final section of the Preliminary Report correlates the proposed programs and goals of the plan amendment to the mitigation of blight. Hosea and Etinger asked if the PAC would be permitted to make suggestions to modify the projects list. Agency redevelopment consultant explained that the PAC is to make any recommendations, including changes to the list of potential projects, as a part of its formal report and recommendation on the plan amendment. The report and recommendation is to be transmitted to the City Council prior to the joint public hearing scheduled for February 7, 1995. Swan asked staff to review the method of financing the redevelopment program. Herman and Simon responded with an overview of tax increment revenue financing. Hosea asked whether the projects list can be stated in such a way as to permit a broader scope of projects. Because Agency legal counsel was not present at this meeting, the PAC requested legal counsel to address this issue at the next PAC meeting. Hosea also asked about why the Agency had to continue to include properties within the Project Area which were no longer blighted. Agency redevelopment consultant indicated that the Agency's bond covenants on its tax allocation bonded debt issues prohibited the Agency from making any alterations to the Project boundaries that would reduce tax increment revenues. Because areas such as PGA West, the Quarry, and the Citrus developments generated significant tax increment revenue, the Agency could not remove these nonblighted properties from the Project Area. LI 11 PAC Minutes - October 19, 1994 Page 3 Due to the lateness of the hour, Perschetz asked staff to briefly summarize the significant points of the Redevelopment Plan and the Draft Environmental Impact Report. Hosea then suggested that the PAC bring up any issues on these documents at the next PAC meeting. V. Other Items The PAC discussed the issue of the remaining vacancies on the PAC. In light of their recent efforts to fill the PAC, the PAC determined by consensus that there would be no further attempts to solicit new members. Swan requested a copy of the original Redevelopment Plan. The PAC set Wednesday, November 9, 1994 as the date for the next PAC meeting. The next meeting would be convened at 6:30 p.m. The meeting was adjourned at 8:45 p.m. Respectfully submitted, James C. Simon Interim Secretary Ipnnnp 1),I�m 13 MINUTES PROJECT AREA COMMITTEE (PAC) Tuesday, September 13, 1994 PROPOSED AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. Dalecio, Etinger, Featheringill, Hosea, and Perschetz Long Staff Present: Jerry Herman, Planning and Development Director; Dawn Honeywell, Agency Legal Counsel; and Frank Spevacek, Agency Redevelopment Consultant The meeting was called to order at 6:31 p.m. FaTersTrem.. . 1. ... It was moved by Perschetz and seconded by Etinger to approve the minutes from August 17, 1994; the PAC unanimously approved the motion. fflonorimO$ .1 . Imm PIANO t—lar-Blecolml_1 Dan Featheringill was introduced as the new PAC member to fill one of the community organization seats; Mr. Featheringill was appointed by the PAC at their August 17, 1994 meeting. Mr. Featheringill provided a brief background as to his current activities, which was followed by self -introductions by the remaining PAC and staff members. Discussion then ensued regarding three remaining vacant seats: one community organization and two residential tenant seats. It was subsequently moved by Delacio and seconded by Etinger and unanimously approved by the PAC members present to appoint Bruce Swan to fill one of the residential tenant seats. PAC Minutes - September 13, 1994 Page 2 The PAC then discussed the redevelopment amendment including tax allocation bonding, tax increment projections, and the rationale for the proposed tax increment and bond indebtedness limits. The PAC also discussed the merits of having staff identify "boilerplate" sections that may be included in both the Draft Redevelopment Plan and Preliminary Report. Agency legal counsel indicated that while the Redevelopment Plan, in particular, includes many common passages found in other redevelopment plans, this was done in order to satisfy the requirements of the California Community Redevelopment Law as to the content of these documents. Further, Agency legal counsel indicated that it would be extremely difficult to dissect the documents and identify "boilerplate" passages. The PAC Chair then suggested that the PAC members further review the Redevelopment Plan and Preliminary Report and bring forth questions, comments, and concerns at the next PAC meeting. Staff Member Herman indicated that the PAC will be receiving an updated Preliminary Report, and a copy of the Draft Environmental Impact Report subsequent to the September 20th Redevelopment Agency meeting. Mr. Herman suggested that the PAC members might want to reserve their review of these documents until their receipt. NNINNIGNTZ—faff-To! • 1 - The PAC then discussed the date for their next meeting; it was determined that October 19th at 6.30 p.m. would be the date and time to meet. The meeting was adjourned at 6:59 p.m. Respectfully submitted, Frank J. Spevacek Interim Secretary 11 MINUTES PROJECT AREA COMMITTEE (PAC) Wednesday, August 17, 1994 PROPOSED AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. Dalecio, Etinger, Hosea, and Perschetz Long Jerry Herman, Planning and Development Director; Dawn Honeywell, Stradling, Yocca, Carlson & Rauth, (Agency Legal Counsel); and Frank Spevacek, Rosenow Spevacek Group, Inc. (Agency Redevelopment Consultant) The meeting was called to order at 6:00 p.m. I :... mrs3oswom ��� ... It was moved by Perschetz and seconded by Dalecio to approve the minutes from the July 20, 1994 PAC meeting. The PAC unanimously approved the motion. • .... ��-� . u-u-c. . ._r1 The PAC discussed the remaining vacancies; staff member Herman informed the PAC that four seats are vacant - two residential tenants and two community organizations. It was moved by Dalecio and seconded by Perschetz to nominate • Dan Featherengill to fill one of the community organization seats. Mr. Featherengill is the President of the La Quinta Chamber of Commerce and a ® PAC Minutes - August 17, 1994 Page 2 Principal of Dodco Construction. The PAC unanimously approved Mr. Featherengill's appointment. Discussion then ensued regarding how to fill the remaining vacant seats. By unanimous consent, the PAC directed Member Dalecio to pursue members of community organizations and perhaps residential tenants to surface additional candidates to fill the remaining PAC vacancies. Mfi ,W. r Member Etinger presented his reasons for not being present at the June 20th and July 20th PAC meetings. Mr. Etinger was out of the country during that period. The PAC members unanimously accepted the reason for his absence and encouraged him to continue with his PAC activities. PAC members then discussed the requirements for a meeting quorum; it was ® determined after review by Agency legal counsel that a quorum consisted of a majority of the seated PAC members, not a majority of total number PAC seats. The PAC then discussed the date for their next meeting; it was determined that September 13, 1994 at 6:00 p.m. would be the date and time to meet. The meeting was adjourned at 6:25 p.m. The next PAC meeting is scheduled for Wednesday, September 13th, at 6:00 p.m. in the City Council Study Session Room. The primary items to be discussed are the Draft Redevelopment Plan, the Draft Preliminary Report and, if available, the Draft Environmental Impact Report. Respectfully submitted, J�' Frank J.evace Interim Sec MINUTES PROJECT AREA COMMITTEE (PAC) Wednesday, July 20,1994 PROPOSED PLAN AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. Perschetz, Hosea, Long, and Dalecio Etinger Staff Present: Jerry Herman, Planning and Development Director; Mark Huebsch, Stradling, Yocca, Carlson & Rauth, (Agency Legal Counsel); and Jim Simon, Rosenow Spevacek Group, Inc. (Agency Redevelopment Consultant) The meeting was called to order at 6:04 p.m. The PAC members first item of business was to elect a Chairperson and Vice - Chairperson as elected officers of the Project Area Committee. The consensus of the members was to delay the election of a Secretary to the PAC until the next meeting. Stan Long/Gary Perschetz nominated Chevis Hosea as Chair to the Project Area Committee. Hosea was unanimously elected as Chair of the PAC. Hosea/Long then nominated Scott Dalecio for the office of Vice -Chair. Dalecio was also unanimously elected to the position of Vice -Chair. PAC Minutes - July 20, 1994 Page 2 The minutes from the PAC meeting of June 22, 1994 were unanimously approved. Mark Huebsch, the Agency's Legal Counsel, introduced the proposed bylaws for the Project Area Committee. The proposed bylaws were presented to the PAC for their consideration and comment. The bylaws can be amended by the PAC at any time as the members see fit. Mr. Perschetz suggested that the members may want to consider amending the PAC bylaws to change the quorum requirement, from a simple majority of at least half of the PAC members to a fixed -level of no less than three members present at any meeting. A discussion ensued and the consensus was to wait on making any changes to the quorum section of the bylaws until additional PAC members are sought to fill the four vacant seats. Mr. Dalecio then addressed Section 7 of the PAC. bylaws which provides for the ® removal of any PAC members with successive unexcused absences. Mr. Dalecio pointed out that Seth Etinger had missed this meeting as well as the previous meeting. The members discussed this issue and requested that Jerry Herman transmit a letter to Mr. Etinger notifying him of this requirement and requesting his presence at all future PAC meetings. The motion was made and seconded to approve the PAC bylaws as presented. Perschetz/Long. The motion carried unanimously. RNINUffno•. Jerry Herman reminded the PAC members that the PAC was faced with four vacant seats (two seats for representatives of existing community organizations, and two seats for residential tenants). Mr. Huebsch explained to the PAC that the Redevelopment Law does not provide for any specific means of filling, vacant seats after a communitywide election effort, and suggested that the PAC consider its own method of filling the vacant seats with suitable candidates. A discussion ensued and the PAC agreed to recruit for residential tenants and representatives of the existing community organizations using the PAC members existing resources. The PAC agreed to bring forward any suitable candidates at the next PAC meeting for approval by the full PAC. PAC Minutes - July 20, 1994 Page 3 Jim Simon explained the schedule for the plan adoption. At their regular meeting scheduled for September 20, the Agency will consider approval of the Draft Environmental Impact Report, Draft Redevelopment Plan, and Preliminary Report. The PAC expressed interest in reviewing these documents prior to the September 20 meeting and requested that these documents be transmitted to the PAC on August 22. The PAC would then bring forward any comments, questions, or suggestions for these documents at the PAC meeting scheduled for September 7. :� ..niT I The meeting was adjourned at 6:37 p.m. The next PAC meeting is scheduled for Wednesday, August 17, at 6:00 p.m, at the City Council Chambers, at which time the PAC will attempt to fill any of the remaining four vacancies. The subsequent PAC meetings scheduled for September 7 will be to discuss the draft redevelopment documents. James . Simon Interim Secretary E 11 tw,;m,\7.2m' MINUTES PROJECT AREA COMMITTEE - CITY OF LA QUINTA A regular meeting held at the La Quint& City Hail 78-495 Calls Tampico, La Quinta, California June 22, 1994 6:30 P.M. I. CALL TO ORDER A. The meeting was called to order at 6:30 P.M. by staff who introduced the PAC members. II. MEMBERS PRESENT A. Committee Members Scott Dalecio, Stan Long, S. Chevis Hosea, and Gerald Perschetz B . Committee Member Seth Etinger was absent C. Staff present: Jerry Herman and Consultant Frank Spevacek III. BUSINESS ITEMS A. Members present chose not to elect a temporary chair and instructed staff to conduct the meeting. Mr. Spevacek gave presentation on the history of the Redevelopment Agency, economic development, Redevelopment financing, and housing activities. B. Staff informed the Members of Redevelopment activities in La Quinta including Project Area 1, Project Area 2, Agency finances, and low/moderate programs. IV. PLAN AMENDMENT SCHEDULE OF ACTIONS A. It was determined monthly meetings would be adequate until the plan document becomes available for their review in August or September. The July agenda will consist of reviewing the Bylaw, discussion of the four vacant seats, and election of the chair and vice chair. Each Committee Members were to read the Bylaws and offer changes at the next meeting. Mr. Spevacek indicated further to the Committee that Redevelopment Plan I will be sent to them as well as the updated name and address list of all the members. PACE-22 1 Project Area Committee Minutes June 22, 1994 V. ADJOURNMENT There being no further business this regular meeting of the Project Area Committee was adjourned to a regular meeting of the Project Area Committee on July 20, 1994, Quints, Project Area Committee wta as adjourned Hall at 7Sessi 49 P.M., June 2on Room. This meeting 194. the i s, E C PACE-22 ® SECTION J A Statement of Conformance to the City's General Plan As set forth in Section H of this Report, the Planning Commission adopted Resolution No. 95-002 on January 31, 1995 which establishes that the proposed Amendment and implementation activities described in Section A hereinabove are in conformity with the General Plan of the City. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 J-1 Report to Council SECTION K The Final Environmental Impact Report An Environmental Impact Report (the "EIR") entitled "Final Environmental Impact Report - City of La Quinta - Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 1" (State Clearinghouse Number 94-032-027) was prepared in connection with the proposed Amendment by the firm of Stevenson, Porto & Pierce. The EIR reviewed all potential environmental impacts associated with the implementation of the Amended Plan. The Draft EIR was circulated to public agencies on September 26, 1994 and was available for public review and comment. A copy of the Final EIR, the comments received, and responses to the comments are included under separate cover and are incorporated herein by reference. Rosenow Spevacek Group, Inc. Ca Quinta Redevelopment Agency February 14, 1995 K-1 Report to Council d® SECTION L A Statement Regarding the Report of the County Fiscal Officer In connection with the adoption of the Existing Plan in 1983, the required steps were undertaken to establish the 1983-84 assessment roll as the base year roll to be used in connection with the allocation of taxes from the Project, pursuant to Section 33328 of the Law. Because this Amendment does not propose to either add or delete territory from the Project Area, the 1983 base year report is not subject to any changes and continues to be used in connection with the allocation of taxes from the Project Area under the Amended Plan. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 L-1 Report to Council SECTION M The Neighborhood Impact Report The Law requires that the following topics be addressed in the Neighborhood Impact Report: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. The Neighborhood Impact Report must also discuss the impact that the Amended Plan will have on low and moderate income persons or families in the following areas: the number of dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated or constructed; the number of dwelling units housing persons or families of low or moderate income planned for construction or rehabilitation; the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Amended Plan's relocation, rehabilitation and ® replacement housing objectives. Project Area Demographics The Project Area includes a number of single-family and multifamily dwellings; currently, a total of 5,891 dwelling units are located within the Project Area. According to demographic information prepared by National Decision Systems, the estimated 1994 population of the Project Area is 10,858. The number of year-round households in the Project Area is 3,620. Relocation At this time, full development of the Project Area pursuant to the Amended Plan is not expected to cause the removal of any residential units. However, to the extent that such dislocation does occur, the Agency will follow its Relocation Plan and the State Guidelines regarding relocation, ® incorporated in Section F of this Report. Rosenow Spevacek Group, Inc. ba Quinta Redevelopment Agency February 14, 1995 M-1 Report to Council Traffic Circulation The impact of the Project on traffic circulation is discussed in Section 4.4 of the Final EIR included in Section K of this Report. The Amended Plan proposes to include numerous projects related to circulation and traffic improvements. These have been itemized and documented in Section A of this Report. Generally, the improvements proposed by the Plan will address both current and future circulation and traffic deficiencies and will be of benefit to all those residing in the Project Area. Environmental Quality The primary goal of the Project is to continue to improve the overall environmental quality of the Project Area by addressing existing deficiencies. The Amended Plan seeks to eliminate existing blighting conditions and cause improvements including new development, circulation, sewer, and storm drain system improvements, recreational facilities, community facilities and other public improvements. The Final EIR outlines mitigation measures which will be required of future development in order to assure that the quality of the environment is maintained. Future development will be reviewed by the City and the Agency to insure that architectural, landscaping, and urban design principals are adhered to and that compatibility in land uses is maintained. Additionally, where required, more specific environmental analysis will take place as required by the California Environmental Quality Act Public Resources Code Sections 21000, et se—c ("CEQA"). Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 IVY-2 Report to Council 0 u a11� Availability of Community Facilities and Services The Final EIR addresses issues related to the provision of public services. As outlined in Section A of this Report, implementation of the Amended Plan and its proposed projects are expected to significantly improve the City's existing community facilities and services. The Amended Plan will allow the continuation of a financial mechanism necessary to provide for the upgrading of existing and construction of new community facilities which will be of benefit to the Project Area thereby benefiting all residents in the Project Area. Effect on School Population and Quality of Education The Project Area is served by both the Desert Sands Unified and the Coachella Valley Unified School Districts (the "School Districts"). Section 4.53 of the Final EIR describes the direct and indirect impacts of the Project on the School Districts. Redevelopment of the Project Area itself ® will not directly cause a significant impact on the school facilities as the activities to be undertaken by the Agency pursuant to the Amended Plan will not generate additional students; however, redevelopment activities under the Amended Plan could encourage additional development within the Project Area which could potentially impact the area's schools. Some of the proposed projects under the Amended Plan could generate additional students to area schools. The exact number of students generated cannot be determined at this time and is dependent on the project itself. If a project under the Amended Plan results in families with school age children moving into the Project Area, there could be an impact on local schools based upon the increase in the number of students. The scope of the potential impact would depend on the number of additional students generated to area schools and the enrollment capacities of the schools at the time. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 M-3 Report to Council The potential impact of additional school students on area schools can be more accurately determined once detailed project information becomes available. Depending upon the project, the type of use and whether or not the project results in additional students relocating in to the Project Area and attending area schools, there may or may not be an impact on student capacity at the local schools in connection with the Amended Plan. Depending upon the scale of a project, the number of students generated and the existing enrollment at the time, the projects may or may not have a significant impact on local districts. The impact of new development under the Amended Plan upon the School Districts will be offset by the required payment of development impact fees which would offset additional school facility costs associated with the increased development. In addition, the overall impact of the Project on school facilities will be positive, as redevelopment activities will result in enhanced economic viability of the Project Area and thus a larger tax revenue base for the schools. Property Taxes and Assessments The Amended Plan calls for various methods of financing its implementation. The principal method of financing will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing reallocates existing property tax revenues generated by increases in the assessed value of property in the Project Area. Although development of the Project Area will increase the assessed valuation, Project Area property owners will not experience increases in property taxes beyond those normally allowed by state law. The Amended Plan will not raise the tax rates for property owners in the Project Area. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 M-4 Report to Council CIA Low and Moderate Income Housing Program A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Removed by the Redevelopment Project It is not anticipated at this time that any low or moderate income households will be displaced by implementation activities under the Amended Plan. The Agency intends to implement the Amended Plan with no residential dislocation. If future specific implementation activities impact housing in the Project Area, the Agency will comply with all provisions of the Law and the Amended Plan regarding the construction of replacement units and the relocation of existing residents. B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Redevelopment Project ® As set forth above, it is not anticipated that implementation of the Amended Plan will result in any residential dislocation and, therefore, no displacement of persons of low and moderate income in anticipated. However, if such displacement is necessary, the Agency will be responsible for relocation of such households as discussed in the Agency's Relocation Plan in Section F of this Report. C. General Location of Low and Moderate Income Housing to be Rehabilitated, ]Developed and Constructed In accordance with Sections 33413 and 33490 of the Law, the Agency has adopted the Housing Affordability Compliance Plan (the "Compliance Plan"), which is part of the Compliance Plan set forth in Section C of this Report. The Compliance Plan enumerates the Agency's housing production needs. As set forth in the Compliance Plan, the Agency has not undertaken and does not anticipate undertaking any activities which will result in ® the destruction or removal of dwelling units housing persons and families of low or Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 M-5 Report to Council moderate income and thus the Agency does not have any replacement obligations under Section 33413(a) of the Law. In the event that any such destruction or removal should occur, the Agency is bound by the Law to replace within four years, by a variety of means, any low and moderate income dwelling units removed by a redevelopment project. A commitment to do so is contained in Section 533 of the Amended Plan. As discussed in Subsection "D" below, the Agency does have an obligation to provide inclusionary housing units under Section 33413(b) of the Law and anticipates that these units will be located throughout the City. D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing As set forth in the Compliance Plan, as of December, 1994, the Project has an affordable housing production deficit of 366 units. Additionally, as units are constructed or rehabilitated within the Project Area, the Agency is responsible for the production of a proportionate share of affordable dwelling units. It is anticipated that between 1994 and projected Project Area buildout, the Agency will be obligated to provide an additional 1,189 affordable dwelling units. In addition to the current production deficit of 366 units, for a total requirement of 1,555 units. It is anticipated that these housing units will be located throughout the City. In addition, the Agency in concert with the City will continue to implement (as funds become available) a multifaceted housing program that will address the housing needs and problems of the community -at -large, pursuant to the Compliance Plan, as well as the Housing Element of the City's General Plan. `J Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14,1995 M-6 Report to Council E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households The Agency intends to utilize not less than 20 % of the Project Area's tax increment revenues to finance the rehabilitation and construction of housing for low and moderate income households, in accordance with the provisions of the Law as it now exists or may hereafter be amended. The Agency will also cooperate with the City to pool funds and resources beyond the tax increment set aside funds if it is determined to be necessary by both bodies in order to improve the City's housing stock. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement Housing Objectives It is anticipated that the Agency's existing housing rehabilitation program will continue on an annual basis as funds are available. Construction of any replacement housing units, if necessary, will achieve or exceed the required four-year requirement described in Subsection "A" above. Any relocation needs will be met prior to displacement as required by law. All relocation activities will comply with the Method of Relocation. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 M-7 Report to Council ® SECTION N A Summary of Agency Consultation with Affected Taxing Entities and a Response to Said Entities' Concerns Regarding the Amendment As set forth in Section L of this Report, as the Amendment neither increased or decreased the size of the Project Area, it was not necessary to obtain the report of the County Fiscal Officer pursuant to Section 33328 of the Law. However, as required by the Law, the Agency has notified all affected taxing entities within the Project Area as to the status of this Amendment. A list of the affected taxing entities is listed below. County of Riverside City/County Public Library Riverside County Fire Department County of Riverside Office of Education Desert Community College Coachella Valley Unified School District Desert Sands Unified School District Coachella Valley Public Cemetery District Coachella Valley Mosquito Abatement District Coachella Valley Resource Conservation District Coachella Valley Recreation and Park District On February 17, 1994, these entities were notified, via certified mail, of the Statement of Preparation of an Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 1. On September 22, 1994, also via certified mail, the Preliminary Report and Proposed Amended Redevelopment Plan for the Project were transmitted to these entities. In addition, these entities were provided with notification and copies of the EIR and were notified via certified mail of the joint public hearing on the Amended Plan and were given all other notices required under the Law. Rosenow Spevacek Croup, Inc. La Quinta Redevelopment Agency February 14, 1995 N-1 Report .ro Council The Agency was contacted by representatives of four of the affected taxing entities. In March, 1994, the Agency received written correspondence from representatives of the Coachella Valley Recreation and Park District, who was seeking to enter into a fiscal mitigation agreement with the Agency. Agency legal counsel responded to this request by pointing out that under current Law, there is no longer a basis for entering into a fiscal mitigation agreement, but instead the Law now provides a statutory formula which allocates a portion of future tax increment revenues to taxing entities with whom the Agency did not enter into a fiscal mitigation agreement prior to January 1, 1994. A copy of the correspondence with the Recreation and Park District is attached hereto. In May, 1994, the Agency's redevelopment consultant met with representatives from the Riverside County Office of Education to discuss the logistics of the Amendment. Later, the Agency received written correspondence from representatives of the Coachella Valley Unified School District, a copy of which is attached hereto, who expressed their support for the Amendment as proposed. To date, the Agency has received no further communication from any of these three taxing entities. Recently, the Agency has been verbally contacted by representatives of the Coachella Valley Water District. Generally, the Water District is seeking to discuss the potential of the Agency undertaking various capital improvements on behalf of the Water District through the Amended Plan. The Agency's Executive Director will be arranging a meeting with a District representative shortly; however, at this time, no accord has been reached between the Agency and the District. E Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency February 14, 1995 N-2 Report to Council Jack Schreder & Associates School Facilities October 31, 1994 Rue Doolin Director, Fiscal Services Coachella Valley Unified School District P.O. Box 847 Thermal, CA 92274 Dear Rue, 2230 K Street Sacramento, CA 95816-4923 (916) 441-0986 FAX 441 3048 We are in receipt of the preliminary report for amendment No. 1 La Quanta Redevelopment Project No. 1, the Draft Redevelopment Plan amendment for project are No. 1 and the Draft Environmental Impact Report for the Redevelopment Plan amendment for Project Area No. 1. Upon reviewing the documents, researching the conditions of exIsting legislation (AB 1290) and a 40 discussion with Frank Spevacek, consultant to the La Quanta Redevelopment Agency, we offer the following comments: 1) The proposed amendment will "clarify and expand the public facilities and infrastructure list..." This would have no negative effect on the District. While it is advisable that the District monitor the redevelopment agency's specific public improvement activities, no adverse effects on the School District are anticipated. (See section E1 of preliminary report) 2) The amendment will increase the amount of tax increment which the agency will receive from the project. This amendment has the: potential of benefiting the School District since it "increases the cap" on taut Increment revenues from 300 million to 2 billion dollars. The District receives a share of these revenues under the existing pass through agreement. 3) The amendment increases the bond Indebtedness which may be outstanding at any one time. '111is amendment may provide an opportunity for the District to participate in bond proceeds whose debt service Is paid by` a dedicated revenue stream. If the District chooses and the redevelopment agency agrees, this may increase immediate revenue opportuliiUes for the School District. Desert Sands School District is participating in this type of program. 4) The amendment establishes a new 12 year time frame for eminent domain. This has no effect on the School District, since eminent domain does not apply to properties owned by public agencies. 'nie most important Issue is the fact that the amendment will no increase or decrease the acreage within the project area. If the amendment increased the acreage within the project area, AB 1290 would be applicable and the existing agreement would be superseded by AB 1290. ; We recommend the District support the amendment as proposed. st v Sincerely, a Achre dLsr cc: ' Frank Spevacek A 11 STRADLING, YOCCA, CARLSON & RAUTH A PROFESSIONAL CORPORATION fRITZ R_LMADLMO NARIEY L. EJELLANO ATTORNEYS AT LAW JCNN E. BRECKENRIDGE RENA < STONE wlcf E. YOCCA LT ERNEN T. FREEMAN C CRAIG CARLSON NICHOLAS J YOCCA 660 NEWPORT CENTER DRIVE, SUITE 1600 m couvLl W ILLIAM A RAUTH NI IVU[ M. FOSTER K. C. SCHAAF MICNAEL f FLYNN POST OFFICE BOX 16E0 RICHARD C. GOODMAN GRAY A. REMEEATOw JOHN J. MDRFIY CAROL L, LEW NEWPORT BEACH, CALIFORNIA 92660-6EE1 THOMAS F CLAR[. JR. DENISE NARIAUON HIRING 914 A. FRYOMAN tAREAAA ZDD UIBOLD TELEPHONE (TU) 725-4000 DAVID R, M.fWEN JONI GOETZ 6100 n ArtU' 5 DIRECT DIAL RAUL I, GALE JOHN D. IRELAND FACSIMILE (]U)]IS RUDOLPH C. 9NEPARD DAVID N uANN /� t4l 72S'A 167 NOSERT J SAW CNRISTO"Ift M. MOROPOUVGS `r BRUCE C STUAAT FIIZASETN A. NEWfLL f. [VAT YEAGER OARRYI t 61SSON ROSERT J. WHALEN JFE NI PARK ROSERT f. RICH TOOO R. TNARAR RANDALL J, SMERMAN RICNAAO T. NEEONW SAUCE W. FEUCMTER ROtFRT C WALIACF MAR[ J. MUUfCM JONN f. CANNON KAREN A. EWS SRUCI 0. MAY ,AY RARPAFOKT April 13, 1994 ANOAFW F. NZOER JOHN E. WOOOMEAD IV DOUGLAS P. FDC[ DONALD J. NAMMAN W.IWAM J. MORIFY WIUJ M J MOR JOHN J. SINIGART, JR. MARK LY MICNAEL A. ZASLOCKI SXAIST COYNE NEIU R BE RNSTfIN SANDRA WA[AMIYA SCMAAL CELESTE STAML BRADY CMRISTOPHER J. KILNTRICK JOHN 0, VAUGHAN JOEL w, GUTN STOVE AMUOY MOCOY A[Mf EIAn. DAW DAWNNCE6 MARY ANNE WAGNER OHN LAn RENCf S_ CONN SOOTY R- MAPIES Thomas, Luebs & Mort Attention: Andrew D. Brooks 3737 Main Street, 10th Floor Riverside, California 92501 Re: La Quinta Redevelopmeru Project No. 1 Dear Mr. Brooks: This addresses the subject matter of your March 30, 1994, correspondence to Robert L. Hunt, Executive Director of the La Quinta Redevelopment Agency, concerning the proposed Amendment to the La Quinta Redevelopment Project No. 1. Your letter indicates that there is no agreement in effect between the La Quinta Redevelopment Agency and your client, the Coachella Valley Recreation and Park District with respect to Project Area No. 1. That being the case, Health and Safety Code Section 33607.7 does not provide authority for the respective bodies to enter into an agreement at this time; instead, Section 33607.7 alludes to a statutory formula which addresses the interests of your clients as well as various other taxing agencies. Accordingly, we see no basis or necEnsity for the Agency and the District to pursue an agreement relative to the proposed Amendment. Should you desire to further discuss the subject matter of this letter, please feel free to call me. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH /�/ Mark J. Huebsch MJH Thomas, L.uebs & Mort April 13, 1994 Page 2 11Z i— Z t Tom Genovese Frank Spevacek� "L;13895_1 1941 B2338.0 SENT BY:Xerox Telecoplpr 1090 : 4- 4-94 ; 2:17PR : Robert L. Hunt 11tecutive Pitectof L& Quinta Redevelopment Agency 78.495 Cate Tampico La Quhnta; CA 92253 101a1777101•+ 714 725 41004 2 =0= YIQImB Sam a. a„>< s..aw iouam. wa WN" s cewm' March 30, 1994 '94 FEB 4 RM 1157 CITY OF LA QVINTA CITY WANACYR'8 OFFICE Re; Amendment to Is Quints Redevelopment Project No. 1 Dear Mr. x;mv This firm represents the Coachella Valley Recreation and Park District and is writing this letter on Its behalf. We have received your Statement of Preparation of an Amendment to the LA Quints Redevelopment Project No. 1, which includes a proposal to increase the dollar limit on to increment revenue the agency may be allocated from Protect No. 1; eliminate the current limit on the amount of bond debt the agency may have outstanding at any one time; establish new time perlods within which the agency may incur debt; commence eminent domain proceedings; receive tax increment and expand the public projects flu embodied in the redevelopment plan. Pursuant to California Health and Safety Code section 33607.7. a redevelopment plan amendment, such as the one proposal here, requires a redevelopment agency to pay each affacted taxing entity certain amounts as set forth In Caliibrffia Health and Satoty Code section 33607.5(b),(c)(d) and (e), If noodd agreement exists between the affeotod taxing entity and the agency. The La Quh to Redevelopment Agency cad the Coachella Valley Recreation and Park District have no existing agreement regarding Prgjeet Area No. 1. We would propose entering Into an agrooment pursuant to Health and Safety Cage section $3007.7. awulp• tale v4n. r n? mda wan. 106 }leer, Wvffs*' carol. 9ML Tdeob a PW7ee-0100, r'WA"W W9-7Sa4M aoasna, omm - a.m�,a aea.,o %Ak UdWhIs. 2-42"1 c sake. . -- - ' ..V.- TT101--'- 0�-0�-8� OZ'.: 16PY P002 'L6 SENT BY:Xerox Telecopi�r 7020 i 4— 4-84 t 2:18PI 0 15197777101-4 714 725 41003 8 Robert L. Hunt page Z Marsh 30, 1994 Please forward a draft afire mem along these lines for our re*w at you earliest oonveateme. If you hero any questions regarding the District's position in Ahla matter, plea do not hesitate to contact me. Very truly yours, `t HOM , LUBBS & MORT Andrew D. Beooks AMmmII C&MIUM El A El II-06X -- -- i •- -- _ •_—_• 18197777101 '—--Od-O6-Od d2 16PL'TD03 $26 FINAL ENVIRONMENTAL IMPACT REPORT CITY OF LA QUINTA AMENDMENT NO. 1 TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 PREPARED FOR: LA QUINTA REDEVELOPMENT AGENCY 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (619) 777-7000 PREPARED BY: STEVENSON, PORTO 6 PIERCE, INC. 18195 MCDURMOTT EAST, SUITE C IRVINE, CALIFORNIA 92714 (714) 660-8822 FEBRUARY 1995 SCH #94032027 TABLE OF CONTENTS Section Page 1.0 Response to Comments . . . . . . . . . . . . . . 1 1.1 California Regional Water Quality Control Board 2 1.2 Southern California Association of Governments . 4 1.3 County of Riverside Transportation and Land Management Agency . . . . . . . . . . . . . 8 1.4 Riverside County Sheriff . . . . . . . . . . . 10 Appendix A Comments Received to the Draft EIR . . . . . . 11 I 1.0 Response to Comments Introduction The Draft Program Environmental Impact Report (the "Draft EIR") for Amendment No. 1 to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 1 was available for public review and comment at the office of the City Clerk, City of La Quinta, 78- 495 Calle Tampico, La Quinta, California pursuant to the California Environmental Quality Act, Public Resources Code Sections 21000 et sea. ("CEQA") and Section 15087 (c) of the State CEQA Guidelines, Title 14, California Code of Regulations Section 15000 et sea_ (the "CEQA Guidelines") for a period of 45 days. The public review 1 period began on September 26, 1994 and ended on November 10, 1994. Notice of the availability of the Draft EIR was given in accordance with CEQA and the CEQA Guidelines. Written comments to the Draft EIR were received by the City of La Quinta (the "City") during the 45 day public review period. In accordance with CEQA Guidelines Section 15088 the lead agency shall evaluate and prepare written responses to all 'written comments received during the noticed comment period. This section of the Final EIR provides written responses to all comments that were received during the public review period as required by CEQA. A copy of all written comments received by the City and the Agency are included as Appendix A to this Final EIR. As required by Public Resources Code Section 21092.5 (a), a copy of the proposed written response to a respective agency or individual's comments will be provided to the commentator at least ten days prior to certification of the Final EIR. The following agencies submitted written comments to the Draft EIR during the noticed comment period: 1. California Regional Water Quality Control Board -Colorado River Basin, Region 7 2. Southern California Association of Governments 3. County of Riverside Transportation and Land Management Agency, Transportation Department 4. Riverside County Sheriff In compliance with CEQA, written responses are provided in the following text to the comments received from the above agencies. I 1.1 Comments from the California Regional Water Quality Control Board -Colorado River Basin, Region 7 1 Comment: Our review indicates that a General Storm Water National Pollutant Discharge Elimination System (NPDES) Permit may be needed for the construction activities for the subject project since it may result in a land disturbance of over five acres. To obtain coverage under this General Permit, the owner of the land where a construction activity occurs must submit: (1) a completed Notice of Intent (NOI) form; (2) the appropriate fee ($500) and (3) the site map, to the: 1 1 1 1 I 1 1 1 State Water Resources Control Board Division of Water Quality Attention: Storm Water Permit Unit P.O. Box 1977 Sacramento, CA 95812-1977 Permits are required for all storm water discharges associated with construction activity where clearing, grading, and excavation results in a land disturbance of five acres. Storm water discharge from construction activity that results in a land disturbance of less than five acres, but which is part of a common plan of development or sale, also require a permit. Permit is required until the construction is complete. Permittees are required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP), Section A of the general permit --(a plan to keep the facility clean) and the Monitoring Plan, Section B of the general permit ( a plan to inspect and monitor storm water leaving the facility to ensure there are no pollutants being discharge). These two plans have to be developed before construction is started. Response: The comment is correct regarding the need for NPDES permits and to develop a SWPPP for some development projects. The Draft EIR states on page 56 that these water discharge permits may be required for some of the projects to be developed within the project area. In addition, the following mitigation measures for Hydrology and Drainage, found on page 58 of the Draft EIR, which address the concerns of the California Regional Water Quality Control Board- Colorado River Basin, Region 7 have been recommended as a condition of project approval: 112. All projects, as applicable, shall acquire all necessary permits and approvals from the Regional Water Quality Control Board and 1 I incorporate all applicable Best Management ® Practices into the project to reduce runoff sedimentation. 3. All construction projects involving clearing, grading and excavation of land totalling five acres or more shall obtain all necessary clearances, permits, etc. from the State Water Resources Control Board for National Pollution Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity." 1 1 3 1 1.2 Southern California Association of Governments Comment: The City of La Quinta is located in Coachella. Valley within the central part of Riverside County. All future development within the project area is guided by the City of La Quinta General Plan which was updated in October, 1992. The City of La Quinta is proposing to adopt a new redevelopment plan for the proposed project area that would guide the future development. The reason for the proposed Amendment is to reduce and mitigate existing blighting conditions in order to improve the economic viability of the project area. The proposed amendment would extend the duration of the redevelopment activities under the proposed amendment to November 2023 to allow the City to accomplish the goals and objectives of the amendment plan. Response: As stated by SCAG the development of the La Quinta Redevelopment Project No. 1 is guided by the City's General Plan, however, the City and the Agency are not proposing to adopt a new redevelopment plan the Project, they are merely amending the existing Redevelopment Plan for the La Quinta Redevelopment Project No. 1. In accordance with Section 33331 of the Community Redevelopment Law, Health and Safety Code Sections; 33000, et seq., the Redevelopment Plan, as amended will conform to the City's General Plan and future development within the Project Area will be guided by both documents. Comment: The recently adopted Growth Management Chapter (GMC) of SCAG's Regional Comprehensive Plan (RCP) contains a number of policies that are particularly applicable to this project. The following lists selected growth management policies of the GMC in italics followed by SLAG staff comments regarding the consistency of the project with those policies: This response follows the format of SCAG's comments, each "SLAG staff comment" will be responded to in turn. The population, housing and jobs forecasts which are adopted by SCAG's Regional Council and that reflect local plans and policies, shall be used by SCAG in all phases of implementation and review. SCAG staff comment: The socio economic projections found in the DEIR are consistent with those stated in SCAG's GMC. Response: The comment in noted and no further response is required. Comment: Encourage efforts of local jurisdiction in the implementation of programs that increase the supply and t 4 7 quality of housing and provide affordable housing as evaluated in the Regional Housing Needs Assessment. SCAG staff comments: The DEIR states that the proposed project would extend the life of the Redevelopment. Plan, which would correspondingly increase the amount of revenue set aside for use for low and moderate income housing as the Agency will receive tax increment for a longer period of time. An increase in the amount of revenue that could be used by the Agency and the City for providing low and moderate income housing would have Positive impacts on low and moderate income housing in the City. Response: The comment is noted and no further response is required. Comment: Encourage local jurisdictions efforts to achieve a balance between the types of jobs they seek to attract and housing prices. SCAG staff comments: The DEIR states that increased development that may be created in the Project Area would create new job opportunities. The housing need would include all types of housing from rental units to the purchase of single family detached units. The DEIR states that the programs and policies in the Housing Element will address these concerns. Response: The comment is noted and no further response is required. Comment: Encourage patterns of urban development and land use which reduce costs on infrastructure construction and make better use of existing facilities. 1 F u u h 1 16 SCAG staff comments: The DEIR states that the La Quinta General Plan Infrastructure and Public Services Element contains goals, objectives and policies that when implemented will provide the City with the necessary storm drain improvements and facilities to adequately protect people and property within the Project Area. Response: The comment is noted and no further response is required. Comment: Encourage developments transportation node infrastructure systems redeveloping. in and around activity centers, corridors, underutilized and areas needing recycling and SCAG staff comments: The nature of this project as a redevelopment program is consistent with the above policy. 5 0 Response: The comment is noted and no further response is required. Comment: Support provisions and incentives created by local jurisdictions to attract housing growth in job -rich subregions and job growth in housing -rich subregions. SCAG staff comments: The City of La Quinta is located in the SCAG designated Coachella Valley Association of Governments (CVAG) Subregion. According to SCAG projections this subregion is housing rich. The provision of additional employment opportunities that will result from the implementation of the proposed project will help to alleviate the imbalance of jobs and housing in the subregion. Response: The comment is noted and no further response is required. Comment: Encourage local jurisdiction's plans that maximize the use of existing urbanized areas accessible to transit through infill and redevelopment. SCAG staff comments: As previously stated this redevelopment project can be considered an infill project. Response: The comment is noted and no further response is required. Comment: The new Regional Mobility Chapter of the RCP also contains a variety of policies pertinent to this project. One of the most relevant policies addresses Transportation Demand Management (TDM) as follows: Promote TDM programs along with transit and ridesharing facilities as a viable and desirable part of the overall mobility program while recognizing the particular needs of individual subregions. SCAG staff comments: The DEIR states that "All projects would be required to incorporate all applicable transportation reduction measures per the TDM ordinance and pay all applicable transportation fees". Conclusion: As described in the DEIR, La Quinta's Redevelopment Plan Amendment for Project Area No. 1 appears to be consistent with the pertinent policies and objectives of the Regional Mobility and Growth Management Chapters of the RCP. All mitigation measures associated with the project should be monitored in accordance with AB 3180 requirements and reported to SCAG. I Response: The comments are noted. In addition, all mitigation measures incorporated into the project will be reported to SCAG in accordance with AB 3180. LII''I, Li UE l�� I 10 1 1� I 1.3 county of Riverside Transportation and Land Management Agency Transportation Department Comment: The document states on page 8, item 4 "The Riverside County Transportation Department has stated it does not appear that traffic impacts will be likely to occur to roads..... under County jurisdiction for maintenance." While the Department concurs with that assessment, there is no written evidence from the County to support that statement included in the document. Please include it in the DEIR (see attached letter). Response: The letter, dated April 27, 1993, noted in the comment was received from the County Transportation Department during the Notice of Preparation period. As stated in that April 27, 1993 letter, "[the proposed project is located entirely within the boundary of the City of La Quinta] impacts to roads remaining under County jurisdiction are expected to be minimal". A copy of the April 27, 1993 letter from the County is included in Appendix A to this Final EIR. Comment: On page 14 under Mitigation Measures for Traffic and Circulation, Mitigation Measure number 1 indicates that traffic studies will be prepared for specific projects that the City determines may have significant traffic impacts. The Transportation Department requests that the following statement be added to Mitigation Measure 1. "Traffic studies that are prepared for projects within Area 1 in close proximity to neighboring jurisdictions will be distributed to those jurisdictions for review and comment." Response: The above statement will be added to Mitigation Measure number 1 for Traffic and Circulation. In addition, "in close proximity" will be further defined to state "within one-half mile". The statement will therefore read, "Traffic studies that are prepared for projects within Project Area No. 1 within one-half mile of neighboring jurisdictions will be distributed to those jurisdictions for review and comment." Comment: The Kohl Ranch (when submitted to the County) located in the unincorporated area near the Thermal Airport could change local circulation patterns in the area. Response: The comment is noted. The Kohl Ranch project Draft EIR was submitted to the County in December, 1994 for a Screen Check review. At this point, the traffic analysis contained in the Screen Check Draft EIR is not available for public review. Therefore, it is not possible to assess any potential impacts that the Kohl Ranch project I could have on local circulation patterns and any attempt to do so on the part of the City or Agency at this time without reviewing the traffic analysis would be ® speculative. The City of La Quinta requests that the County submit copies of any traffic studies and\or EIR's which have been or will be prepared for the Kohl Ranch ® project so that the City can determine at that time if the project could change local circulation patterns and have potential traffic impacts on the City. ® Comment: The Department requests a p qu copy of the final EIR and any technical studies prepared as part of the environmental document. Response: The City and the Agency will supply the Department with the requested documents. a 9 I 0 I I e 11, APPENDIX A ftCOMMENTS RECEIVED TO THE DRAFT EIR E r F STATE OF CALIFORNIA - CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON. Govemor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD COLORADO RIVER BASIN • REGION 7 — 73-720 FRED WARING DR., SUITE 100 men PALM DESERT, CA 92260 y $i one(619) 346-7491 X (619) 341-6620 F4 NOV 1 4 1994 lEbrc �;u p. Jerry Herman, Planning and Development Director r " City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Comment on Draft Program Environmental Impact Report for Project Area No 1, City of La Quinta Regional Board staff received and reviewed the above report for the subject project. Our review indicates that a General Storm Water National Pollutant Discharge Elimination System (NPDES) Permit may be needed for the construction activities for the subject project since it may result in a land disturbance of over five acres. To obtain coverage under this General Permit, the owner of the land where a construction activity occurs must submit (1) a completed Notice of Intent (NOI) form; which is attached to the last pages of the enclosed general permit copy, (2) the appropriate fee ($500), and (3) the site map, to the following address: State Water Resource Control Board Division of Water Quality Attention: Storm water Permit Unit P.O. Box 1977 Sacramento, CA 95812-1977 Permits are required for all storm water discharges associated with construction activity where clearing, grading, and excavation results in a land disturbance of five acres. Storm water discharge from construction activity that results in a land disturbance of less than five acres, but which is part of a common plan of development or sale, also require a permit. Permit is required until the construction is complete. Permittees are required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP), Section A of the general permit --(a plan to keep the facility clean) -- and the Monitoring Plan, Section B of the general permit -- (a plan to inspect and monitor storm water leaving the facility to ensure there are no pollutants being discharge). These two plans have to be developed before construction is started. If you/"ae any question regarding this matter, please feel free to call me at (619) 776-8962. jy ORLA H. GONZALEZ Water Resource control Engineer OG/jr File: Case File N O V— 2 9— 9 4 T U E 1 3: 5 0 S C A C C O M M U N I T Y/ E C O N O M I C P- 0 1 /O"CAUFORAIAWOCIRTI West Seventh Street,12th Floor a Los Angeles, California 90017.3435 ❑ (213) 236-1800 a FAX (213) 236.1825 Octohcr 24, 1994 Mr. Jerry Herman City of is Quinta 78-495 Calle Tampico La Quetta, CA 92253 RE: ('ornments on the City of La Quinta's Redevelopment Plan Amendment For Project Area #1 Draft Environmental Impact Report (DEIR) S(7AG Clearinghouse #19400453 Dear Mr. Herman: Thank you for the opportunity to review and comment on the DEIR for the City of La Quinta's Redevelopment Plan Amendment. As the areawide clearinghouse for regionally significant projects. SCAG assists cities, counties, and other agencies in reviewing projects and plans for consistency with regional plans. The attached staff comments are meant to provide guidance for considering the proposed development within the context of our regional goals and policies. While neither the project sponsor nor the lead agency is required to undertake the specific actions recommended by SLAG or other agencies through the Intergovernmental Review Process, there are requirements in state and federal laws for consistency with regional goals and plans, as noted herein. If you have any questions regarding the attached comments, please feel free to contact Maria Souza- Rountree at (213) 236-1838. She will be happy to assist you in addressing the comments presentod herein. Sincereiv. ERIC H. ROTH Manager, Intergovernmental Review Post -it" Fax Note 7671 n«u"lA pao s� Phone PhnJ a n } FO.. - t 2r I SCAG COMMENTS ON THE DEIR FOR THE CITY OF LA QUINTA'S REDEVRWPMENT PLAN AMENDMENT DESCRIPTION The ( iv of !a Quinta is located in Coachella valley within the central part of Riverside County. All flnure development within the project area is guided by the City of La Quinta General Plan, whit•h was updated in October, 1992. The City of la Quints is proposing to adopt a new rcdrvt•Inpment plan for the project area that would guide the future development. The reason for tht proposed Amendment is to reduce anti mitigate existing blighting conditions, in order to imprt, v the economic viability of the project area. The proposed amendment would extend the dtminm) of the redevelopment activities, under the proposed amendment to November 10? 1 to allot 'the City to accomplish the goals anti obleclives of the amendment plan. CONSiSTENCY WITH REGIONAL C'OMPREHENSiVE PLAN POLICIES T11%, t„,•oily adopted Growth Management Chapter (6MC) ofSCAG's Regional Comprehensive Plan t u('P) contains a number of policies that are particularly applicable to this project' The tollim or lists selected growth management Ixtlicies of the GMC in italics followed by sC wi staff t-tttments regarding the consistency of flit project with those policies: • 777e population, houvin,4. anti jolav /rrrerusrs, which are adopted by .SC4(;'.s Regional Council and that reflect meal plans ant/ policies, shall be used b1 M AO`; in all phuses (1f implenlernutiun and review. SCAG staff cgiriment,• The sttettl economic projections found in the DFIR are consistent with those slated in SCAG's (WC. • Eneourage (fforts y/ !nt ul inr•isrlirtiuns in the implementation of progrums ilia increase the supply and gtudirn u/, h1)u.v1ng and provide affordable howin, av evaluated in the Regional /musing Ner•tly Ax.%essment, SCAG staff commentsi The 1W,IR .states that the proposed project would extend the life of the Redevelopment Plan, which would correspondingly increase the amount of revenue set aside for use for low and moderate income housing as the Agency will receive tax increment for a longer period of time. An increase in the amount of revenue that could he used by the Agency and the City tier providing low and moderate income housing would have positive impacts on low and moderate income housing, in the City. Ftidnote. 1 1 1118 W. Sovonth Slfeet,121h Floor . I t 15 r i (213) 236-1800 • FAX (213) 27, , N O V— 2 9— 9 4 -rU E 1 3: S 1 SC A G C O M M U N I T'e i E C O N O M I C P. e 3 • Cncouragp (coal jurisdi[l;un.c' e 1ol1r to achieve a balance between the tvprt% of jobs they seek to attract and housing prir•r.c. SCAG staff comments The I)HIR states that increased development that may he created in the Project Area would create new job opportunities. the housing need would include all types of housing from rental units to the purchase of single family detached units. The ►)NIR states that the programs and policies in the Housing Element will address these concerns. ■_ Encourage patterns %T urban detelrtprnent and land use which reduce rasn nn infrastructure construction and make better ram, of existing facilities. SCAG staff comments; TheI)tilR states that the La Quints General flan Infrastructurcand Public Services I.lemcnt contains goals, objectives, and policies that when implemented will provide the City with the necessary storm drain improvements and facilities to adequately protect people and property within the Project Area. • Encourage developments in roul around activity centers, transportation node corridors, underutilized inli-astrucrurr %v.%len+s and areas needing recycling and redevelopment. SCAG staff comment57 The nature of this project as a redevelopment profess is consistent with the ahove poli%ry. • Support provisions and incentive,% created by local jurisdictions to attract houdng growth in job -rich subreghrn.% and job growth in housing -rich subregion.% SCAG staff comments. The Cicy of I a Quinta is located in the SCAG designated Coachella Valley Association of (governments (CVAG) Subregion. According to SCAG projections this subregion is housing rich. The provision of additional employment opportunities that will result from the implementation of the proposed project will help to alleviate flit- imbalance of jobs and housing in the subregion • Encourage local jurisdiction '., plums that maximize the use of existing urbonr: rd areas accessible to transit lhron,{h in%dl and redevelopment. SCAG staff Comments: As previously statccl, this redevelopment project can tic considered an infill project. I Ir irL O V— 2 9— 9 4 T U E 1 3: 5 2 S C A G C O M M U N I T V� E C O N O M I C P.O.* y 11%, Regional Mobility Chapter of the Rt'P also contains a variety of policies pertinem to this pnyect. One of the most relevant policies addresses Transportation Demand Management (TI)M � .is follows: ■ Promote TDM programs along with trunvit and ridesharing facilities av u viable and desirable part e?f the twerall mobility program while recognizing the particular needs of individual subregions. SCAG staff comment • The DFIR states that "All projects would be required to incorporate all applicable transportation reduction measures per the TDM ordinance and pay all applicahlc transportation fees". CONCLUSION As (W. , thcd in the DGIR, La Quinta's Redevelopment Plan Amendment for Project Area No. I alip .ir. to he consistent with the perlinenr Imticrrs and ohjeclivcs of the Regional Mobility and t ro"%f) Management Chapters of the RtII. e All i+ mv;itum measures associated with the project should he monitored in accordance with AR tlxtt , ,tmtcments and reported to SUA(i I I 1 1 9 IfIftilli ^�"` �- �'� ' •mac 1 J O t SCAG COMM UN I TY!E,_ONOM I C 1'.N11NO TM> SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Roles and Authorities SCA(, N a Joint Powers Agency established under California Government Code Section 6902 w scy under federal and state law, SCAG is designated as a Council of Governments (COG), a Rcgnmal Transportation Planning Agency (RTPA), and a Metropolitan Planning Organization (MM ), SCAG's mandated roles and responsibilities include the following: S('A(, is designated by the federal government as the Region's Metropolitan Planning Oruanrration and mandated to maintain a continuing, cooperative, and comprehensive transporta- tion plammng process resulting in a Regional 'rransportation Plan and a Regional Transportation lug,tt,N, ownt Program pursuant to 23 II.S.C. §I 14(g) (h), 49 U.S.C. §1607(f)-(g) ct soy.. 13 C IR i4% and 49 C.F.R. §613. SCAG is also the designated Regional Transportation Planning Agency, and as such is responsible for hoth preparation of the Regional Transportation Pfau t tl t P) and Regional Transportation Improvement Program (RTIP) under California Gw,•m-u,'nt Code Section 6.5080. S('v(i , wsponsible for developing the demographic projections and the integrated land ttsc, houstn; employment, and transportation programs, measures, and strategies portions A' the South (na.ct Air Quality Management Plan, pursuant to California Health and Safety Code Seem„, 10460(b)-(c). SCAG is also designated under 42 t [.S.C. §7.504(a) as a Co -Lead A,gencv tm ;pit .iwility planning for the Central Coast ;md Southeast Desert Air Basin District, SCA( n•.eponsible under the Federal ('loan Air Act for determining Conformity of Projects, Plans .nit programs to the Air Plan, pursuam to d_' U.S.t' §7506. Purstiw- to California Government Code Section 650M.2, SCAG is responsible for reviewing all C'nnge.stion Management Plans (GNPs) for consistency with regional transportation plaits require,! by Section 65080 of the Government Code. SCAG must also evaluate the eonsistemcv and � nmpaiihility of such programs within the region. S(',v(, he authorized regional agency for Inter -Governmental Review of Programs propowd fm wii ,.(I financial assistance and direct development activities, pursuant to Presidential i;xct j, ., Order 12,372 (replacing A-95 Rcvtew). SUM, •eon•ws, pursuant to Public Resources Code Sections 21083 and 21087, Environmental Impart Reports of projects of regional signilicance for consistency with regional plans W-111li-11:, linvironmcntal Quality Act (iutdelinas Sections 15206 and 15125(b)). Pursuant to 33 U.S.C. §1288(a)(2) (Section 209 of the Fedcral Water Pollution Control Act), S('A(i the. authorized Areawide Waste Irratmernl Management Planning Agency, P . a 5 1NA3V-29-94 TUE 13:35 SCAG COMMUNITY.'ECONOMIC P_0o SUA(, Is responsible for preparation of the Regional Nausing Needs Assessment, pursuant to CaliGlenla Government Code Section 65594(a). SUM, is responsible (with the San Diego Assnriation of Governments and the Santa Barbara Counn'Cities Area Planning Council) for preparing the Southern Ca4fornia Hazardous Waste Monauement Plan pursuant to California Health and Safety Code Section 25135.3, Ncu,.. „i.i I. I4Y1 1 COUNTY OF PJWRSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department David & Barnhart Director of Tltttuportadon ® PLANNING AND SYSTEMS MANAGEMENT DIVISION October 24, 1994 R Q,TF R OCT 2 8 1994 8 Jerry Herman City of La Quints CITY 4F LA GUINTA Planning Department PLANNIFS DEPARTMENT 78-495 Calls Tampico La Quint&, CA 92253 f Res Draft Environmental Impact Report ("DEIR), far. Redevelopment Plan Amendment for Project Area No. 1 Dear Mr. Herman: The Transportation Department" has received'the above referenced document and appreciates the "opportunity to 'review and comment AStaff has the following comments• The document states, on page gi„ item 4, "The Riverside County . Transportation Department has "stated it does not appear that traffic impacts will, be likely'. ikely to occur to roads ... under County jurisdiction for maintenance.",., While the Department concurs with that assessment, there .is no written evidence from the County toi: supportthat statement'Incl"uded .in the document. Please include it in the DEIR (see attached -letter). ... On page 14 under Mitigation 1. Measures for Traffic and Circulation, Mitigation Measures number I indicates that traffic studies will be prepared for specific projects that the City determines may have significant traffic impacts. The Transportation Department requeststhat the following statement be added to Mitigation Measure 1. "Traffic studies that are prepared for projects within Area 1 in close proximity to neighboring jurisdictions will be distributed to those jurisdictions for review and comment." The Kohl Ranch (when submitted to the County) located in the unincorporated area near the Thermal Airport (see enclosed map) could change local circulation patterns in the area. 4080 Lemon Street, 8th FlooreRiverside, California 92501e(9o9) 27S-6740 P. O. Box 1090eRiverside, California 92502-1090eFAX (909) 275-6721 `� ' ' L.. UULV I H PAGE 10 DEIR for Redevelopment Plan Amendment for Project Area No. 1 " October 24, 1994 Page 2 The Department requests a copy of the final EIR and any technical studies prepared as part of the environmental document. If you have any questions regarding this letter, please contact Ruthanne Taylor Berger, Senior Transportation Planner, at (909) 275-2076. Sincerely, Edwin D. Studor Transportation Planning Manager RTB:mw Enclosure cc: Sian Roman George Sterricker Paul Clark 1 'i, it IL BRUCrow DLoon d Tads April 27, 1993 Jerry Herman Cityy ad La QuInta 7R�109 Calls RstadA La Quinta, CA 92253 COUNTY OF MVERSI DE TRANsPo-uTA,no?4 DvARTMmNT PL %=12PG AND , no Notice of Preparation. of a-Drait� Shvi,itnmentai Impact Report (LIR) 2Ar-the..Margerldf Regovel9binent plans for L4 Quinta Rsdevslopiaent`Project BreA,kdx6"i and 2. Dear Mr. Hermann Thank you fox the ,Notica''el+�.vrep' J! V4 a ` as in Draft BIR that'As being prepared by your 'agency, ;,:�tW16 ave `'nd•• oh��ootione to ".the proposall however, w,"do hive the.'rommen'ta':astad_'below. The proposed project is located'eatirely within, th boundarieaof the City of La quintal thereforey' impacts to roadi'remaining under County jurisdiction ere etpect:6d to be minimal„ "However, eliould Smpeats occur to.reads identified, in the Circulation section ,Of the Public Facilities and Services Element of - the i hi* eieiiie `'County Comprehensive General Plan,..'.'it is. sequaited that the Cityconsult with our Department in order -to ,dater_aiine :the extent of traffic impacts and required mitigation The VXAft RIR should adequately discuss potential impacts to County maintained roads in addition to roads identified in the General Plan and provide measures if necessary. We would like to receive A copy of the Draft EIR upon circulation in order -to assess circulation issues relative to the County, If you have questions, pleese do not hesitate to contact Martha Tarlton, senior Transportation Plannege At (909) 275-6772 or Sian Roman, Associate Planner, at (909) 275-6874, sincerely, Rdwin studor, Transportation planning Manager $9e11TisRimw COVMT AMQ%V MTM M'Iffi , PA DOX IM O AX9 UW0N rM=T 6 M,LOOM RJV VIOL C UICVOIM PIIMI-Im ")11"I 0 4 PAX cm 22""1 Regional Location • DOW Mot Springs Psim Springs Cathedral City • ""� V +C� pie Raruno Wage 4f f .D -r, Indian • � —POZ Wells Indio LA QUlma i F— Coaettelle s The Kohl Ranch Roso 4f,es Ceachclla Valley, California SAL70V SEA r Min Vicinity Map . � .. i L, `" . � � �—+-:::'"ash,, �'�•''..' .. :: - »_ ` - All . � y_Y•err- . 1 . ..lii � .i 'vim! w `�•, �,t.. � — �': '• - The Kahl.. ::f ` {:f:.;�`.T; }• `, _ --. _- Ranch. ' '�=.,.--.-j/'��{r�.+ ••, � .... �� . ''` ` 4'1�: rue.' WC 7�-1 �' ,�:.: ��• �— ( .jam It H1, E KOHL IRANCH , C J1► Coachella Valley, California Figure I Sheriff VD. • INDIO, CA 92201 • (619) 863.8990 PMUDLY SMWXSG AS LA QUXMr'A PDLICB DSPARTIIfBNT September 27, 1994 Mr. Jerry Herman City of La Quinta Planning Department 78-495 Calls Tampico La Quints, California 92253 re: Draft Program Environmental Impact Report for Redevelopment Plan Amendment for Project Area No. 1 Dear Mr. Herman, I have reviewed the document and have no comments at this time. I would like to reserve the right to comment as this progresses. Sincerely, f '. RONALD F. DYE Captain Station Commander [IM SEP2 9 ;94 F iA OUING DEPARTMENT i Aft DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT REDEVELOPMENT PLAN AMENDMENT FOR PROJECT AREA NO. 1 PREPARED FOR: THE CITY OF LA OUINTA REDEVELOPMENT AGENCY 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (619) 777-7000 PREPARED BY: STEVENSON, PORTO & PIERCE, INC. 18195 MCDURMOTT EAST SUITE C IRVINE, CALIFORNIA 92714 (714) 660-8822 SEPTEMBER 1994 SCH 94032027 11 TAELE OF CONTENTS Title Paae 40 1.0 INTRODUCTION ........................................... 1 1.1 overview... .. ............................... 1 1.2 Statutory Authority ............................... 2 1.3 Issues To Be Addressed... .. ..... ........... 3 1.4 Organizations Affiliated with the Project......... 3 1.5 Impacts Found Not to be Significant ............... 4 2.0 EXECUTIVE SUMMARY ...................................... 7 2.1 Project Environmental Summary ..................... 7 2.2 Project Alternatives .............................. 7 2.3 Areas of Controversy/Issues To Be Resolved........ 7 2.4 Project Description ............................... 9 2.5 Executive Summary ................................. 10 3.0 PROJECT DESCRIPTION .................................... 23 3.1 Project Location and Boundaries ................... 23 3.2 Environmental Setting ............................. 23 3.3 Project Description ............................... 28 3.4 The Intended Use of This EIR...................... 32 3.5 Project Objective ................................. 33 4.0 ENVIRONMENTAL SETTING, POTENTIAL IMPACTS, MITIGATION MEASURES AND UNAVOIDABLE ADVERSE IMPACTS ........................ 34 40 4.1 Air Quality.. .................... 34 4.1.1 Environmental Setting ................... 34 4.1.2 Potential Impacts ....................... 44 4.1.3 Mitigation Measures ..................... 51 4.1.4 Unavoidable Adverse Impacts ............. 52 4.2 Hydrology/Drainage.. .................... 53 4.2.1 Environmental Setting ................... 53 4.2.2 Potential Impacts ....................... 54 4.2.3 Mitigation Measures ..................... 57 4.2.4 Unavoidable Adverse Impacts ............. 58 4.3 Population and Housing..... .................... 59 4.3.1 Environmental Setting ................... 59 4.3.2 Potential Impacts ....................... 65 4.3.3 Mitigation Measures ..................... 67 4.3.4 Unavoidable Adverse Impacts ............. 68 4.4 Transportation/Circulation........................ 69 4.4.1 Environmental Setting ................... 69 4.4.2 Potential Impacts ....................... 75 4.4.3 Mitigation Measures ..................... 79 4.4.4 Unavoidable Adverse Impacts ............. 79 i 4.5 Public Services and Facilities ..................... 80 is 4.5.1 Police Protection ....................... 80 4.5.1.1 Environmental Setting .................... 80 4.5.1.2 Potential Impacts ........................ 81 4.5.1.3 Mitigation Measures ...................... 82 4.5.1.4 Unavoidable Adverse Impacts.............. 82 4.5.2 Fire Protection.. .................... 83 4.5.2.1 Environmental Setting .................... 83 4.5.2.2 Potential Impacts ....................... 83 4.5.2.3 Mitigation Measures ..................... 84 4.5.2.4 Unavoidable Adverse Impacts ............. 85 4.5.3 Schools.......... ..................... 86 4.5.3.1 Environmental Setting ................... 86 4.5.3.2 Potential Impacts ........................ 87 4.5.3.3 Mitigation Measures ...................... 88 4.5.3.4 Unavoidable Adverse Impacts ............. 88 4.5.4 Parks and Recreation..... ................ 89 4.5.4.1 Environmental Setting.... ................ 89 4.5.4.2 Potential Impacts ....................... 91 4.5.4.3 Mitigation Measures ..................... 92 4.5.4.4 Unavoidable Adverse Impacts ............. 92 4.5.5 4.5.5.1 Wastewater....... .................... Environmental Setting ................... 93 93 4.5.5.2 Potential Impacts ...................... 93 4.5.5.3 Mitigation Measures ..................... 94 4.5.5.4 Unavoidable Adverse Impacts ............. 94 4.5.6 Water............ .................... 95 4.5.6.1 Environmental Setting ................... 95 4.5.6.2 Potential Impacts ....................... 95 4.5.6.3 Mitigation Measures ..................... 96 4.5.6.4 Unavoidable Adverse Impacts ............. 96 4.5.7 Solid Waste...... .................... 97 4.5.7.1 Environmental Setting ................... 97 4.5.7.2 Potential Impacts ....................... 99 4.5.7.3 Mitigation Measures ..................... 101 4.5.7.4 Unavoidable Adverse Impacts ............. 101 4.6 Cultural Resources......... .................... 102 4.6.1 Environmental Setting ................... 102 4.6.2 Potential Impacts ....................... 104 4.6.3 Mitigation Measures ..................... 106 4.6.4 Unavoidable Adverse Impacts ............. 106 0 ii 4.7 Land Use .......................................... 107 4.7.1 Environmental Setting ................... 107 4.7.2 Potential Impacts ....................... 113 4.7.3 Mitigation Measures ..................... 114 4.7.4 Unavoidable Adverse Impacts ............. 114 4.8 Biological Resources....... .................... 115 4.8.1 Environmental Setting ................... 115 4.8.2 Potential Impacts ....................... 119 4.8.3 Mitigation Measures ..................... 120 4.8.4 Unavoidable Adverse Impacts ............. 121 4.9 Human Health .. ............ .................... 122 4.9.1 Environmental Setting ................... 122 4.9.2 Potential Impacts ....................... 123 4.9.3 Mitigation Measures ..................... 124 4.9.4 Unavoidable Adverse Impacts ............. 124 5.0 ALTERNATIVES TO THE PROPOSED PROJECT ................... 125 5.1 No Project Alternative ............................ 125 5.2 Alternative Financing ............................. 126 5.3 Alternative Sites......... ................... 129 5.4 Alternative of Lower Debt Limit ................... 130 6.0 RELATED PROJECTS AND CUMULATIVE ANALYSIS ............... 131 7.0 GROWTH -INDUCING IMPACTS OF THE PROPOSED ACTION......... 142 is 8.0 THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY .................. 145 9.0 ANY SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED ............................... 146 10.0 ORGANIZATIONS AND PERSONS CONTACTED .................... 147 APPENDICES A Notice of Preparation and Initial Study B Notice of Preparation Responses iii LIST OF FIGURES FIGURE 1 Regional Map . . . . . . . . . . . . . . . 2 Vicinity Map . . . . . . . . . . . . . 3 Relationship of the SCAQMD, SCAB and SEDAB 4 South Coast Air Quality Management District Air Monitoring Stations . . . . 5 Existing Land Uses Within the Project Area 6 Proposed General Plan Land Use Designations 7 Cumulative Project/Location Map . . . . . ® iv PAGE . . . . . . 24 . . . . . 25 . . . . . . 35 41 109 112 134 LIST OF TABLES TABLE PAGE 1 Capital Improvement Projects . . . . . 29 2 Average Seasonal Temperatures and Precipitation . . . . 36 3 California and Federal Air Quality Standards . . . . . . 38 4 Ambient Air Quality Summary . . . . . . . . . . . . 42 5 Existing and Future Housing Needs . . . . . . . . . . . 64 6 Level of Service and Traffic Flow . . . . . . . . . . . 71 7 Law Enforcement Coverage . . . . . . . . . . . . . . . . 80 8 Schools Serving the Project Area . . . . . . . . . . . . 86 9 Solid Waste Landfill Sites . . . . . . . . . . . . . . . 97 10 Various Types of Land Uses . . . . . . . . . . . . . . . 107 11 Cumulative Project List . . . . . . . . . . . . . . 132 v C E 1.0 Introduction 1.1 Overview This Program Environmental Impact Report has been prepared by the City of La Quinta (Lead Agency) as required by the California Environmental Quality Act (Public Resources Code Sections 21000, et seg.)(CEQA) State CEQA Guidelines (Administrative Code Tittle 14, Chapter 3 Section 15180 and 33352(k) of the Community Redevelopment Law (Health and Safety Code 33000 et seq.(the "Community Redevelopment Law"). This Program EIR evaluates the potential environmental impacts that could occur with amending the existing Redevelopment Plan for Project Area No. 1 (the "proposed Amendment"). The proposed Amendment would consist of the same physical area as included in the existing Project Area. The Agency does not propose to add or remove area to the existing Project Area with this proposed Amendment. The proposed Amendment identifies the public: improvement projects which are needed in the Project Area to improve and upgrade existing infrastructure and protect life and property. Adoption of the proposed Amendment is needed in order for the La Quinta Redevelopment Agency (the "Agency") to assist the City of La Quinta (the "City") in correcting existing blighting conditions by constructing needed infrastructure, improving public services and constructing public structures. The adoption of the proposed Amendment would allow the Agency forty years from the date of adoption to accomplish the goals and objectives of the Redevelopment Plan to reduce and eliminate blight and improve the economic viability of the Project Area. All development within the Project Area will be controlled by the City's General Plan and its implementing ordinances. It is the intent of this Program EIR to address as thoroughly as possible at this time the potential environmental impacts that could be anticipated to occur with adoption and implementation of the proposed Amendment. The evaluation of the potential environmental impacts associated with implementation of the Plan will be conducted as thoroughly as possible at this time, without being speculative, to avoid redundancy and duplication of environmental analyses in future environmental documentation. At the time specific plans for either public or private development projects are submitted to the City for approval, subsequent environmental documentation will be conducted, if required, in accordance with CEQA. Brief Project Description The Agency proposes to encourage both public and private rehabilitation and development within Project Area No. 1.. The types of public improvement projects and facilities that are proposed to be included in the Redevelopment Plan Amendment include 1 those projects that are currently included in the existing Redevelopment Plan for Project Area No. 1 that have not, as of this time, been constructed or completed. The projects include street improvements, installation of traffic signals and provide community facilities. In addition to the existing projects listed in the Redevelopment Plan for Project Area No. 1, the proposed Plan Amendment will also include projects listed in the City's 1994-95 Fiscal Year Capital Improvement Program. The Agency will also continue to set aside revenue to be used to facilitate low and moderate income housing in the City. As required by the Community Redevelopment Law, the Agency must set aside at least 20 percent of all tax increment revenues allocated to the Agency to be used towards increasing, improving and preserving the community's supply of low and moderate income housing. The adoption of the proposed Amendment will not affect the Agency's obligation to continue to set aside 20 percent of the tax increment revenue from the Project Area for use to preserve and provide low and moderate income housing. 1.2 Statutory Authority This Program EIR has been prepared in accordance with the California Environmental Quality Act (CEQA) Public Resources Code Section 21000 et seq. This is a Program EIR, as defined by the CEQA Guidelines Section 15168 (a) and 15180(b). Under Section 15168 (a) a Program EIR may be prepared on a series of actions that can be characterized as one large project and are related either: geographically; logical parts n the chain of contemplated actions; in connection with issuance of Iles, regulations, plans, or other general criteria to govern the induct of a continuing program; or as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Under CEQA Guidelines Section 15180 (b) " an EIR on a redevelopment plan shall be treated as a program EIR with no subsequent EIR's required for individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by Section 15162 or 15163." In light of Section 15180 (b) and as the criteria of Section 15168 (a) are met by the projects proposed at this time a Program EIR was prepared. The City is the Lead Agency for the preparation of this Environmental Impact Report (EIR). An Initial Study was prepared for the proposed Redevelopment Plan Amendment ("Project"). As the Initial Study indicated that implementation of the proposed project could result in potential significant environmental impacts the City's Planning and Development Department determined that an EIR should be prepared pursuant to CEQA and the CEQA Guidelines. Once the Initial Study was prepared, the Notice of Preparation (NOP) and a copy of the Initial Study were sent to various Responsible, Taxing and Trustee Agencies as well as the Riverside County Clerk and all interested persons on file with the City as required by 2 law. A copy of the Notice of Preparation and Initial Study are included as Appendix A of this EIR for review. A list of agencies and persons that were mailed a copy of the Notice of Preparation and Initial Study is included as Section lo.o of this EIR. The response letters that were received from agencies during the 30 day Notice of Preparation review period are included as Appendix B of this EIR. 1.3 Issues To Be Addressed The issues addressed in this Program EIR have been determined from completion of the Initial Study and correspondence with public agencies, organizations and individuals through the Notice of Preparation process. These issues include: hydrology and drainage, biology, land use, population and housing, transportation and circulation, cultural resources, air quality, and public services which include police service, fire service, water and. sewer service, solid waste, schools and parks, recreation and human health. In addition the EIR will address all applicable sections and topics required under CEQA. 1.4 Organizations Affiliated With The Project The following agencies, companies and individuals are associated with the project in the capacities indicated: Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 (619) 777-7125 Mr. Jerry Herman, Planning and Development Director Project Applicant: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 (619) 777-7000 Mr. Tom Genovese, Executive Director Legal counsel: Stradling, Yocca, Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, California 92660 (714) 725-4000 Mr. Mark Huebsch, Agency Legal Counsel Ms. Dawn Honeywell, City Attorney 11 Redevelopment Consultant: Rosenow Spevacek Group, Inc. is 540 N. Golden Circle, Suite 305 Santa Ana, California 92705 (714) 541-4585 Mr. Frank Spevacek Mr. Jim Simon EIR Consultant: Stevenson, Porto & Pierce, Inc. 18195 McDurmott East, Suite C Irvine, California 92714 (714) 660-8822 Mr. Phil Martin 1.5 Impacts Found Not To Be Significant CEQA Section 21100 and Section 15128 of the CEQA Guidelines requires that the EIR must contain a statement briefly indicating the reasons for determining that various effects on the environment of a project are not significant and consequently have not been discussed in detain in the EIR. Referenge may be made to the Initial Study in Appendix A and to the appropriate topical areas of the EIR for information on those impacts found not to be significant. Upon completion of the Environmental Checklist form, the following were found not to be significantly impacted with adoption and implementation of the proposed Project: 1. Unstable earth conditions or changes in geologic substructure. 2. The destruction, covering or modification of any unique geologic or physical features. 3. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake. 4. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. 5. The creation of objectionable odors. 6. Alterations of air movement, moisture or temperature, or any change in climate, either locally or regionally. 4 7. Changes in currents, or the course of direction of water 49 movements in either marine or fresh waters. 8. Alterations to the course or flow of flood waters. 9. Discharge into surface waters, or in any alterations of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity. 10. Alteration of the direction or rate of flow of ground waters. 11. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. 12. Exposure of people or property to water related hazards such as flooding or tidal waves. 13. Exposure of people to severe noise levels. 14. Increase in the rate of use of any natural resources. 15. Substantial depletion of any nonrenewable natural resource. 16. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. 17. Possible interference with an emergency response plan or an emergency evacuation plan. 18. Alterations to waterborne, rail or air traffic. 19. Use of substantial amounts of fuel or energy. 20. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy. 21. A need for new systems or substantial alterations to the following utilities: a: Power or natural gas. b: Communication systems. 22. Creation of any health hazard or potential health hazard (excluding mental health). 23. Exposure of people to potential health hazards. 24. The restriction on existing religious or sacred uses within the potential impact area. 5 25. Environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The reason for the finding of no significant impact in the above areas in the Initial Study Environmental Checklist form is that the proposed project includes no significant elements which would cause the aforementioned impacts, and the project raises no issues regarding these impacts. For further discussion of these items please refer to the Initial Study attached hereto as Appendix A. 11 Ll 2.0 Executive Summary 2.1 Project Environmental Summary The purpose of the summary is to provide the reader with a list of the potential project impacts, suggested mitigation measures and level of significance of the impacts after :mitigation that may be associated with the approval and implementation of the proposed Project. Since this is only a summary, the reader is encouraged to read the text of this document for a complete discussion of the identified potential impacts and environmental issues associated with the project. A summary of the potential. environmental impacts identified to date and the recommended mitigation measures is presented in Section 2.5 of this document. 2.2 Project Alternatives The Project Alternatives presented in Section 5.0 of this document are provided as required by the California Environmental Quality Act (CEQA) as alternatives to the proposed Project to reduce potential environmental impacts. The project alternatives discussed would not reduce or eliminate any significant environmental effects associated with the Project since there were not any significant impacts identified with the adoption of the proposed Redevelopment Plan Amendment, except unavoidable adverse air quality impacts associated with additional development with the Coachella Valley as well as the City. As a result, none of the project alternatives would be preferred to the proposed project because none of the alternatives would be environmentally superior to the proposed Amendment. 2.3 Areas of Controversy/Issued To Be Resolved CEQA and the CEQA Guidelines require the EIR Summary to identify areas of controversy known to the Lead Agency, including issues raised by agencies and the public, issues to be resolved including the choice among alternatives and whether or how to mitigate significant impacts. Issues raised by public agencies that were brought to the attention of the City during the 30 day public Notice of Preparation period are stated below: 1. The Coachella Valley Mosquito Abatement District suggested that the Agency incorporate a vector management program into future development projects in the Project Area. 2. The Riverside County Fire Department indicated the Project will not have an adverse impact on the Fire Department. However, private development will have a cumulative adverse impact on the Department's ability to provide an acceptable level of service. 2 3. The County of Riverside Waste Management Department indicated the EIR should discuss the potential impacts to County landfills. The EIR should recommend general mitigation measures for the impacts to County landfills as well as the implementation of the Coachella Valley Association of Governments regional Source Reduction and Recycling Element. 4. The County of Riverside Transportation Department stated that it does not appear that traffic impacts will be likely to occur to roads identified in the Circulation section of the Public Facilities and Services Element of the Riverside County Comprehensive General Plan and roads remaining under County jurisdiction for maintenance. 5. The California Department of Fish and Game stated: a. A complete assessment of the flora and fauna within and adjacent to the Project Area, with particular emphasis upon identifying endangered, threatened, and locally unique species and sensitive habitats shall be conducted. b. A thorough discussion of direct, indirect, and cumulative impacts expected to adversely affect biological resources, with specific measures to offset such impacts. C. A range of alternatives should be analyzed to ensure that alternatives to the proposed Project in this area are fully considered and evaluated. A range of alternatives which avoid or otherwise minimize impacts to sensitive biological resources should be included. Specific alternative locations should also be evaluated in areas with lower resource sensitivity, where appropriate. d. If the project has the potential to adversely affect species of plants or animals listed under the California Endangered Species Act (CESA), either during construction or over the life of the project, a CESA-Memorandum of Understanding (CESA-MOU) must be obtained under Section 2081 of the Fish and Game Code. CESA-MOU's are issued to conserve, protect, enhance, and restore State -listed threatened or endangered species and their habitats. Early consultation is encouraged, as significant modification to a project and mitigation measures may be required in order to obtain a CESA-MOU. e. The Department opposes the elimination of watercourses and/or their channelization or conversion to subsurface drains. All wetlands and watercourses, whether intermittent or perennial, must be retained and provided with substantial setbacks which preserve the riparian and aquatic values and maintain their value to on -site and off -site wildlife populations. a 6. Public Economics, Inc. on behalf of the Riverside County Office of Education requested that school impacts be identified and evaluated. The EIR should also recommend quantifiable measures to fully mitigate impacts of the project on the District. 2.4 Brief Project Description The Agency currently has two redevelopment project areas in the City, Project Area Nos. 1 and 2. The Agency is proposing to amend the Redevelopment Plan for Project Area No. 1 only. The amended Project Area would consist of the same area as included in the existing Project Area of Project Area No. 1. The Agency does not propose to add or remove area to the existing Project Area with adoption and implementation of this proposed Amendment. The Agency proposes to adopt a new Redevelopment Plan for the Project Area that would guide the future redevelopment of the Project Area. The new Redevelopment Plan, if adopted, would supersede the existing Redevelopment Plan for Project Area No. 1. The reason for the proposed Amendment is to facilitate the reduction and mitigation of existing blighting conditions :in order to improve the economic viability of the Project Area. Although the Agency has accomplished a number of redevelopment projects in Project Area No. 1 to date, the Agency has more specifically defined the projects listed in the existing Redevelopment Plan that need to be constructed and/or implemented to remove blight and encourage redevelopment within the Project Area. The proposed Amendment would extend the duration of the redevelopment activities under the proposed Amendment to November 2023 to allow the Agency to accomplish the goals and objectives of the amended Plan. The Amendment would establish new time limits for the Agency to incur debt to finance public improvement projects while consolidating and establishing new limits for the amount of bond indebtedness that can be outstanding at one time and the amount of tax increment that can be allocated to the Agency. The proposed Amendment would also allow the Agency the authority to use eminent domain to acquire private property for public use in certain circumstances. The Agency would have eminent domain authority for twelve years from the date of adoption of the proposed Amendment. Adoption of the proposed Amendment would preserve and expand the ability of the Agency to construct public improvement projects which are still needed in the Project Area to improve and upgrade existing infrastructure. The Agency proposes to include in the proposed Amendment those public improvement projects that have not been completed to date, but are listed in the existing redevelopment Plan. Including these public improvement projects will enable the Agency to further remove existing blight and encourage economic viability in the City. 9 The types of projects included in the proposed Amendment are storm drain improvements, street improvements, installation of traffic signals, upgrading sewer and water lines, providing community go facilities and improving public services. The proposed Amendment would also therefore have revenues available to the Agency to be used to facilitate low and moderate income housing in the City. As required by Community Redevelopment Law, the Agency must set aside at least 20 percent of all tax increment revenues allocated to the Agency to be used towards increasing, improving and preserving the community's supply of low and moderate income housing. 2.5 Executive Summary This section summarizes the potential significant environmental impacts that could be anticipated to occur with adoption and implementation of the proposed Redevelopment Plan Amendment for Project Area No. 1. This section also lists the mitigation measures that are recommended to reduce significant impacts to insignificant levels and the significance of the impact with implementation of the mitigation measures. The project impacts and mitigation measures are identified and described for each respective discipline discussed in the EIR. The disciplines are listed in the same order as they appear in the text of the Environmental Impact Report. Air Quality Potential Impacts Adoption and implementation of the proposed Amendment could have both short-term and long-term air quality impacts. The short-term air quality impacts include exhaust emissions associated with the operation of engine powered construction equipment, particulate matter and fugitive dust. The significance of short-term air quality emissions associated with the construction of projects would be more thoroughly determined at the time specific projects are submitted to the City for approval. The potential long-term air quality impacts associated with the proposed Project include those air emissions that are anticipated to occur with the operation of both public and private projects on a daily and on- going basis throughout the life of the individual project. The stationary emissions include those from natural gas combustion for space heating and cooking and the use of electricity for lighting and operation of electrical equipment. Mobile emissions result from such uses as the operation of motor vehicles associated with employees, residents and patrons commuting to a site, vehicles delivering goods and services to a site and other modes of transportation. At this time the proposed Project is not anticipated to have significant impacts on air quality based on the SCAQMD's established air quality emission thresholds. There could be air quality impacts associated with the development of public 10 and private projects in the future, but at this time the potential significance of the air emissions cannot be determined. Mitigation Measures 1. The City shall review all public improvement and private development projects for potential air quality impacts. Should a project have potential air quality impacts an air quality analysis in compliance with the SCAQMD CEQA Handbook shall be prepared for City review and approval. 2. All applicable mitigation measures identified in the SCAQMD CEQA Handbook shall be.incorporated into projects constructed within the Project Area to reduce to insignificant levels those emissions estimated to exceed District thresholds. 3. All projects shall comply with and implement all applicable implementation measures of the City's Air Quality Element of the La Quintal General Plan. 4. Project construction shall cease on days with a Stage 2 or greater smog alert. 5. The City shall maintain and encourage the construction of pedestrian and bicycle systems when feasible to promote non - motorized transportation consistent with the city's Aft Circulation Element of the General Plan. 6. All projects shall be required to incorporate all applicable Transportation Demand Management (TDM) practices per the City's TDM ordinance. 7. All projects shall comply with all applicable fugitive dust control measures listed in the City's Fugitive Dust Control Ordinance #219. Level of Significance after Mitigation The potential air quality impacts would be the same or similar to those impacts identified in the certified 1992 General Plan EIR. Therefore, development in the Project Area in association with the adoption and implementation of the proposed Amendment would result in significant unavoidable air quality impacts even with incorporation of the recommended mitigation measures. Hydrology/Drainage Potential_ Impacts The Redevelopment Plan for the proposed Amendment includes storm drain improvements in the list of public improvements projects. If the Agency can assist the City in constructing needed storm drain 11 facilities sooner than planned, the Amendment would have positive go for the City and its residents. The construction of new storm drain facilities would reduce the threat of existing localized flooding in the vicinity of the improvements as well as protect property downstream of the improvements. The construction of the storm drain improvements listed in the proposed Amendment would have short-term construction impacts associated with the projects. Some of the potential impacts that could be associated with the construction of new storm drain improvements include temporary traffic delays, construction noise, biological habitat removal, secondary flooding if storm water is re-routed during the construction, etc. The potential environmental impacts associated with construction of storm drain facilities would be evaluated by the City as part of their standard project review procedures. For all applicable projects either a National Pollutant Discharge Elimination System (NPDES) permit for discharge of wastes to surface waters or a Waste Discharge Requirements (WDR) permit for any discharge of wastes to land would be required from the State Water Resources Control Board through the Regional Water Quality Control Board (RWQCB) - Riverside. Based on the threshold criteria for determining potential significant impacts with the proposed Project on hydrology/drainage as identified in the setting the proposed Project is not anticipated to result in significant environmental impacts with regards to hydrology/drainage. Mitigation Measures 1. All private development projects, as applicable, shall submit a hydrology report to the City and the Coachella Valley Water District for review in conjunction with the submittal of a project application. The hydrology study shall state whether or not the existing flood control facilities serving the project can adequately accommodate the runoff from the project or if improvements would be required. If improvements are required the hydrology report shall identify those improvements. The hydrology report shall be approved by both the City Engineer and the Coachella Valley Water District prior to issuance of grading permits. All projects, as applicable, shall acquire all necessary permits and approvals from the Regional Water Quality Control Board and incorporate all applicable Best Management Practices into the project to reduce runoff sedimentation. All construction projects involving clearing, grading and excavation of land totalling five acres or more shall obtain all necessary clearances, permits, etc. from the State Water Resources Control Board for National Pollution Discharge Elimination System (NPDES) General 12 Permit for storm water discharges associated with construction activity. In areas where permanent storm drain facilities are not available the Agency shall, in association with Agency sponsored projects, provide the necessary infrastructure in accordance with the requirements of the CVWD and City for adequate storm water protection. 5. All Agency sponsored or assisted projects shall be protected from 100-year storms in accordance with City Flood Hazard Regulations. Level of significance after Mitigation With adoption and implementation of the recommended mitigation measures adverse hydrology/drainage impacts would be mitigated to a level of insignificance. Population and Housing Potential Impacts Adoption and implementation of the proposed Project would indirectly assist the City in reaching some of the City's Housing Element goals of rehabilitating, maintaining and constructing housing for low and moderate income residents. Under the Community Redevelopment Law the Agency is required to set aside at least 20 percent of all tax increment revenue received from the Project Area to increase, preserve and improve affordable housing for :Low and moderate income people in the City. The proposed Project would increase the amount of tax increment revenue the Agency can :receive by extending the life of the Plan which would correspondingly increase the amount of revenue set aside for use for low and moderate income housing. The future development that could occur within the Project Area with adoption of the Project could result in an increase in population and housing in the Project Area and the City. The adoption and implementation of the Project would not change the existing population and housing projections for the City, but the time period that these numbers are reached could be reduced due to increased development activity as a result of adoption of the proposed Amendment. Mitigation Measures 1. The City of La Quinta shall be development project impacts and monitoring program as required jobs/housing ratio. 13 responsible for monitoring implementing a mitigation to achieve a more balanced All. future development projects shall be evaluated for potential job/housing balance impacts a development may have • on the City of La Quinta and the region. 3. The Redevelopment Agency shall use set -aside tax increment revenue to assist low and moderate income families in securing affordable housing in the City. Level of Sionificance after Mitioation With implementation of the recommended mitigation measures adverse population and housing impacts would be mitigated to a level of insignificance. Transportation/Circulation Potential Impacts The proposed Project includes the construction of public improvement projects that would, upon their construction, result in improved traffic and circulation in the City and the Project Area. The types of traffic improvement projects listed in the proposed Amendment include street improvements and street widening, traffic signal installation, street re -surfacing, etc. The proposed Project, if adopted and implemented, could have positive impacts on the City's transportation and circulation system if the Agency is able to assist the City in constructing needed traffic improvements. The construction of some of the public projects listed in the Plan, such as storm drain, traffic and utility improvements could encourage and be the impetus for additional private development to occur within the Project Area. The construction of additional residential and commercial uses within the Project Area would generate additional traffic on the City transportation system which could result in significant traffic impacts depending upon the ability of the existing system to adequately accommodate the increased traffic. Mitiaation Measures 1. All future public and private projects shall be reviewed by the City for potential short-term and long-term traffic impacts. Should the City determine that the project could have significant traffic impacts a traffic report shall be prepared and include mitigation measures that will reduce significant traffic impacts to insignificant levels. All feasible mitigation measures listed in the traffic report shall be incorporated into the project to reduce traffic impacts. 2. All Agency sponsored projects, including both public and private, shall be consistent with the City's Circulation Element of the General Plan and incorporate all required 14 improvements into the project as identified in the Circulation Element. Level of Significance after Mitigation With project adoption and incorporation of the recommended mitigation measures, adverse traffic and circulation impacts would be mitigated to a level of insignificance. Public Services: Police Protection Potential Impacts The proposed Project will not, of itself, impact police protection services. As development occurs and population increases, police services will experience greater demands. Mitigation Measures Since there have not been any significant police protection impacts identified, there are not any mitigation measures required. Level of Significance after Mitigation With adoption and implementation of the proposed Amendment, adverse police protection impacts would be mitigated to a level of insignificance. Fire Protection Potential Impacts The amendment of Project Area No. 1 will not have an adverse impact on the Fire Department's ability to provide an acceptable level of service. If the Agency can assist the City in constructing public improvement projects that will improve fire protection services beyond the current service level, there would be positive impacts on fire protection service within the Project Area. Mitigation Measures Since there have not been any significant fire protection impacts identified, there are not any mitigation measures required. Level of Significance after Mitigation With implementation and adoption of the proposed Amendment, adverse fire protection impacts would be mitigated to a level of insignificance. 15 schools Potential Impacts n U The adoption and implementation of the proposed Project would not directly impact either the Coachella Valley Unified School District or the Desert Sands Unified School District. The construction of the public improvement projects listed in the proposed Amendment would not directly generate students to area schools. The proposed Amendment could encourage development within the Project Area. Development of residential uses would generate additional students to area schools. The number of students generated and the potential impact would depend upon the number of residential units developed, the type of units (single-family, apartment, condominium, senior citizen), and the ability of the respective schools to accommodate new students. Since the schools in the Coachella Valley Unified School District that serve the Project Area are over -capacity, the generation of additional students to those schools would impact the Coachella Valley Unified School District. Mitigation Measures The Coachella Valley Unified School District and the Desert Sands Unified School District presently collect developer fees associated with residential and commercial devc pment that are used to provide facilities for additional stt :nts. Thus, all residential and commercial development in the Project Area would be required to pay the established developer fees to the respective Districts. Pursuant to Government Code Section 65995, no other mitigation measures are required or may be imposed under CEQA. Level of Significance after Mitigation With implementation of the recommended mitigation measure, adverse school impacts would be mitigated to a level of insignificance. Parks and Recreation Potential Impacts Adoption of the proposed Amendment and construction of the listed public improvements would not impact existing park and recreational facilities in the area, including City or Coachella Valley Park and Recreation District facilities. The adoption of the proposed Amendment would result in positive impacts to City park facilities if the Agency can assist the City in constructing needed park improvement projects. The proposed Amendment could encourage development within the Project Area, increasing the demand on park and recreational facilities in the area. Development of additional residential uses and, to some degree commercial uses, would 16 increase the demand for and use of recreational facilities. The City collects a park land fee through the Quimby Act that developers of subdivisions are required to pay. All future development within the Project Area, including Agency -sponsored projects of more than 50 residential lots, would be required to either dedicate park land or pay park land fees to the City, as applicable, in compliance with Section 13.24.020 of the Municipal Code. The adoption and implementation of the proposed Amendment is not anticipated to have significant impacts on park and recreational facilities in the City or the area. Mitigation Measures Although there have not been any significant park and recreational impacts identified at this time, the following mitigation measure is recommended: All Agency sponsored projects shall pay fees in compliance with the City's Quimby Act. The fees shall be used to develop recreational projects consistent with the City General Plan and the City's Master Plan of Parks. Level of Significance after Mitigation With adoption and implementation of the proposed Amendment, adverse park and recreational impacts would be mitigated to a level of Am insignificance. mr Wastewater 11 Potential Impacts The projects listed in the proposed Amendment include several wastewater projects that upon construction would have a positive impact upon the Project Area by improving the existing wastewater. collection system. Adoption and implementation of the proposed Project could encourage development within the Project Area. The Coachella Valley Water District has indicated that the treatment plant has capacity to adequately accommodate and treat additional wastewater flow. Mitigation Measures Since there have not been any significant wastewater impacts identified, no mitigation measures are required. Level of Significance after Mitigation With adoption and implementation of the proposed Amendment, adverse wastewater impacts would be mitigated to a level of insignificance. 17 Water Potential Impacts 11 The construction of the water system improvement projects listed in the proposed Amendment would have a positive impact upon the Coachella Valley Water District and its ability to provide an adequate supply of water to its customers. The improvements would also improve fire flow resulting in positive impacts on the Fire Department and its ability to protect life and property from the threat of fires. The adoption and implementation of the proposed Project could improve the potential for development to occur within the Project Area. Based upon the Final EIR that was prepared for the City's General Plan the CVWD has, and will have in the future, adequate facilities and water sources to serve the City with water based upon the buildout of the General Plan. The Coachella Valley Water District has also indicated that the proposed Project would not impact their ability to provide water to the Project Area. Mitigation Measures Since there have not been any significant water consumption impacts identified, no mitigation measures are required. Level of Significance after Mitigation With adoption of the proposed Amendment, adverse water consumption impacts would be mitigated to a level of insignificance. solid Waste Potential Impacts The construction of the public improvement projects listed in the proposed Amendment would indirectly generate additional solid waste to area landfills. The type of solid waste that would be generated include typical construction debris such as dirt and landscaping material, wood, asphalt, concrete, metal, rocks, etc. The generation of additional solid waste to area landfills would incrementally reduce the capacity and life expectancy of the landfill receiving the solid waste. All development within the Project Area, including both public and private, would be required to comply with the City's Source Reduction and Recycling Element (SRRE) and the Household Hazardous Waste Element (HHWE). Mitigation Measures 1. All Agency sponsored projects, including both public and private, shall be reviewed by City staff for potential significant solid waste impacts. If staff determines that a project could have significant solid waste generation impacts 18 measures shall be incorporated into the project to reduce solid waste volume consistent with the SRRE. 2. All projects shall also be reviewed by the City for consistency with the Household Hazardous Waste Element. The City shall require that all applicable measures be incorporated into projects to comply with the HHWE. Level of Significance after Mitigation With incorporation of the recommended mitigation measures, adverse solid waste impacts would be mitigated to a level of insignificance. Cultural Resources Potential Impacts The construction of public improvements listed in the proposed Amendment and development of additional private projects in the Project Area could have an impact on existing archaeological artifacts. If significant artifacts are discovered, the artifacts would have to be preserved in compliance with the City's Historic Preservation Ordinance No. 207 and Appendix K of the California Environmental Quality Act. Based on information that existing recorded cultural sites exist in the Project Area and there are historical buildings in the Project Area, it is anticipated that future project construction may uncover existing cultural resources. The potential impact to the resources would have to be evaluated once the resources are discovered and preservation measures identified. Mitigation Measures 1. All development projects involving vacant land shall have an archaeological survey conducted to determine whether or not archaeological resources are present. If resources are present they should be recovered, preserved or avoided in compliance with the City's Historic Preservation Ordinance or Appendix K of the CEQA Guidelines, as applicable. Level of Significance after Mitigation With incorporation of the recommended mitigation measure, adverse cultural resource impacts are not anticipated to be significant. Land Use Potential Impacts The proposed Project, if adopted, would not change the existing land use designations currently shown on the City's 1992 General 19 Plan Land Use Policy Diagram map for the Project Area. At the time the Agency proposes to finance the construction of a public improvement project listed in the Redevelopment Plan, the project would have to be consistent with both the City's General Plan and the City's Zoning Ordinance. In addition, all private development would also have to be consistent with all applicable General Plan and Zoning Ordinance requirements. The intensity and schedule of new development could occur earlier than anticipated with adoption of the proposed Amendment. The growth of the City based on the land use diagram in the General Plan could occur earlier due to the construction of infrastructure improvements needed to support new development. The construction of needed public improvements earlier than anticipated would have positive land use impacts because the construction of some of the public improvements would serve to protect life and property of existing and future residents and buildings located in the Project Area. Mitigation Measures 1. All Agency sponsored projects shall be consistent with the City's General Plan and Zoning Ordinance. 2. The Agency shall assist the City in constructing those public improvement projects first that reduce or eliminate the potential threat of loss of life or property. Level of Significance after Mitigation With the incorporation of the recommended mitigation measures, adverse land use impacts would be mitigated to a level of insignificance. Biological Resources Potential Impacts The construction of some of the public improvement projects listed in the Plan could result in the removal and destruction of existing biological resources. The construction of storm drain facilities within existing washes and natural drainage courses could impact rare or endangered plant or animal species by removing the plants themselves or removing wildlife habitat. Adoption of the proposed Project could encourage development within the Project Area which could impact biological resources. There are rare and endangered plant and animal species present in the Project Area that could be impacted due to development. A site specific biological survey should be required to determine whether or not plant or animal species either currently exist or could potentially exist on a site. The proposed Amendment could indirectly result in biological impacts due to development within the Project Area that may occur with Plan implementation of the amended Plan. The impacts, however, will not be different or more significant than the impacts 20 that can occur presently by development in the Project Area without qpthe proposed Amendment. Mitigation Measures Although there have not been any significant biological resource impacts identified, the following mitigation measure is recommended: The City Planning and Development Department shall review all projects for potential biological impacts. If the Department determines that a project could have a significant biological impact a biological survey shall be conducted and submitted to the Planning and Development Department for their review as applicable. If the survey determines that potential significant biological impacts could occur the Department shall incorporate measures into the project to mitigate the impacts. Level of Significance after Mitigation Adoption of the proposed Amendment would not result in any significant impacts on biological resources with implementation of the recommended mitigation measure. Human Health Potential Impacts Adoption and implementation of the proposed Project could increase the number of vectors such as gnats and mosquitoes. During the construction phase of some projects, breeding habitat acceptable for vectors, such as standing water, could allow populations of some vectors to increase. Proper engineering and routine maintenance of gutters, catch basins, drainage systems and other types of water holding devices or areas could prevent or minimize the creation of mosquito breeding situations. If the City requires that all public and private projects incorporate all applicable Coachella Mosquito Abatement District measures to prevent and control vector breeding habitat, there would not be any significant vector impacts. Mitigation Measures All projects assisted by the Agency shall be reviewed by the Coachella Valley Mosquito Abatement District. All applicable vector control measures recommended by the Coachella Valley Mosquito Abatement District shall be incorporated into the project. 21 Level of Significance after Mitigation With incorporation of the recommended mitigation measure, adverse is human health impacts would be mitigated to a level of insignificance. 22 3.0 Project Description 3.1 Project Location and Boundaries The City of La Quinta is located in Coachella Valley within Riverside County as shown on Figure 1, Regional Map. The existing La Quinta Redevelopment Project Area No. 1 is specifically located in the City as shown on Figure 2, Vicinity Map. 3.2 Environmental Setting The City of La Quinta is located in the Coachella Valley which is located in the central part of Riverside County. The Coachella Valley comprises the westerly portion of the Colorado Desert of California. The climate of the Coachella Valley is a continental desert -type with hot summers, mild winters and very little annual rainfall. Precipitation is generally less than six inches a year with most of the rainfall occurring during the late summer and winter months. Temperatures often exceed 100 degrees during the summer months with evening temperatures during the summer in the mid-70's. During the winter period the daytime temperatures are mild with evening lows around 40 degrees. The Coachella Valley is exposed to frequent gusty winds, primarily during the spring and early summer months. The strong seasonal winds in the Coachella Valley contribute to the "blowsand" Ak phenomenon which is a major source of naturally occurring airborne particulate matter in the City of La Quinta. There is a naturally occurring sand migration process in the Valley which in conjunction with the wind conditions has effects on the local air quality by carrying sand and other particulate matter throughout the valley. La Quinta geologically is located on the Indio Plain. The Indio Plain which is a large depression has been filled with sedimentary and alluvial deposits. As a result, the elevations within the City range from 60 feet above sea level in the northeast portion of the City to 1680 feet above sealevel in the southwest part of the City. The City can be divided into three geologic areas corresponding to the existing topography. These areas include: the mountain - hillside zone; the hillside -terrace zone; and the valley floor zone. The mountain -hillside zone, located in the southwestern part of the City, is comprised of rocky slopes and ridges along portions of the Santa Rosa Mountains. The hillside -terrace zone includes the alluvial deposits consisting of Quaternary alluvial fan deposits that are washed down from the Santa Rosa Mountains. This zone is found in the Cove area and the area east of Lake Cahuilla. The valley floor zone consist of aeolian (windblown) sand deposits and sedimentary deposits from ancient Lake Cahuilla. The aeolian sand deposits and sedimentary deposits are located north of the Cove and west of the Coachella Canal, respectively. 23 i --- I SAN BERNAROINO COUNTY —jt— RIVERSIDE COUNTY North Palm Springs O Garnet Haven • S • CATHEDRAL CIT 4 RANCHO MIRAGE PALM Sky Valley " Thousand Palms JOSHUA TREE NATIONAL MONUMENT PROJECT AREA COACHELLA w aLA QUINTAw 'o Thermal I � 0 I Pinyon Pines O — — —'� I SAN BERNARDINO NATIONAL FOREST SOURCE: THOMAS BROTHERS MAPS N L_. Flowing SCALE: 1- = 4 112 MILES TITLE : I REGIONAL MAP 24 N N A 0 C 0 c M O m O ci n D r Tc N < m 90 fi O T r D D C Z D FK LEGEND: PROJECT ( 0 ACRES) AREA No. 1 „1 ) Ro. PROJECT AREA N 2 (3,116ACRES) �C��a� —' CITY LIMITS !o u . 12 �7 2000- e 1' = .__ •p "ss n 3 SCALE: _ sumo: Y. a lx 12 � > M� 8 myH 9 � 3 - 1 1 � r 15 15 13 -9 13J :9 i 1J ' Ifil OI 'Y �t 14 ]ifF.T� 3 QINIgn ill SpX :5 If v s 3 n. o v x :.1 2 1 22. 23 3A Z w 11 trD10 R s indian Wei 6! Jtt •! rl; ^tJ .' 26 __V 1 ;, a All future development within the Project Area is guided by the gonk . City of La Quinta General Plan which was updated in October, 1992. The General Plan contains a land use map that establishes the land use for all property located in the City. Development of property within the Project Area will be guided by the existing General Plan Land Use Policy Diagram and its implementing Ordinances as amended. Development within the Project Area is also guided by :several regional plans in addition to the City's General Plan. The City of La Quinta is subject to the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan (AQMP). The AQMP is a plan which describes measures designed to bring the air quality into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The Coachella Valley area has exceeded federal or state standards for particulates (TSP and PM10) during 1989 to 1990. As a result, the Coachella Valley has been designated by the Environmental Protection Agency (:EPA) as a Group 1 non -attainment area for PM10. Under Section 110 of the Federal Clean Air Act a State Implementation Plan (SIP) must be prepared for the Coachella Valley. A SIP for Coachella Valley has been prepared to reduce PM10 in the Coachella Valley. The City of La Quinta has adopted Ordinance #219 that establishes fugitive dust control requirements for certain land uses, construction and demolition projects. The Coachella Valley Association of Governments (CVAG) has a Regional Housing Needs Assessment (RHNA) for the nine cities, including La Quinta, and the portion of Riverside County located in the Coachella Valley. The Regional Housing Needs Assessment identifies the number of households by income category within each city. Cities with a percentage of lower income households higher than the regional average are called "impacted" jurisdictions. In order to meet the RHNA the City of La Quinta should have 50 percent of its total households in the lower income category by 1994 instead of its current 63 percent. Several regional transportation plans and programs are used for circulation planning in the City. One is the Southern California Association of Governments Regional Mobility Plan which establishes the policies and actions to address the Southern California Region's mobility issues over the next 20 years. This plan was developed as part of an overall regional planning process which included the Regional Growth Management Plan, Air Quality Management Plan and the Regional Housing Needs Assessment. A. second study is the SCAG Coachella Valley Area Transportation Study which assesses the overall level of projected deficiencies in the Coachella Valley and recommends a long-range plan of improvements to accommodate projected growth. In addition, the study is aimed at facilitating regional planning and assisting in the evaluation and refinement of local growth policies, most significantly through the development of a sound travel demand model for the Valley. A third is a Congestion Management Plan which is a comprehensive 26 effort to directly link land use, transportation and air quality in order to promote reasonable growth management programs that will • more effectively utilize new transportation funds, alleviate traffic congestion and related impacts and improve air quality. The Congestion Management Plan includes the designation of a system of state highways and principal arterials, a County -wide transportation computer model, development of a method for calculating roadway level of service, Traffic Impact Analysis (TIA) guidelines for evaluating the traffic impacts of development and requirements for local jurisdictions in their participation in the Coachella Valley Association of Governments Transportation Uniform Mitigation Fee (TUMF) or similar fee program and the adoption of Travel Demand Management (TDM) ordinances. The City of La Quinta has adopted Ordinance #217 which establishes transportation demand management requirements for specific new development projects and changes of use. The proposed Amendment would not change the existing City of La Quinta General Plan or zoning designations in conjunction with adoption and implementation of the proposed Amendment. The existing General Plan land use designations for property located within the Project Area would remain as presently designated on the City's Land Use Map unless amended or changed in the future by a separate unrelated planning application. Existing Redevelopment Plans The City of La Quinta has an existing Redevelopment Plan for Is Project Area No. 1. Project Area No. 1 has an adopted Redevelopment Plan that guides redevelopment within that Project Area. Project Area No. 1 was established in September, 1983. Since the adoption of Project Area No. 1 the Agency has invested a portion of the tax increment revenues received from Project Area No. 1 back into the Project Area in the form of improvements and services in order to assist the City in meeting the goals and objectives of redevelopment which include reduction and elimination of blight. Since the adopted Redevelopment Plan for Project Area No. 1 implements the land use, goals and policies of the General Plan, the redevelopment that has occurred in the Project Area to date has been consistent with and in compliance with the City of La Quinta General Plan. An EIR was prepared and certified by the City of La Quinta in association with adoption of the Redevelopment Plan for Project Area No. 1. This Program EIR will reference environmental information contained in the existing certified EIR for Project Area No. 1 as applicable in order to provide as much detailed environmental information for this EIR document as possible. In addition, the City of La Quinta has adopted a Master Environmental Assessment (MEA) that provides an overview of the physical, environmental and socio-economic characteristics within the City and the surrounding area. The MEA, allowed by Section 15169 of the 27 CEQA Guidelines, is an inventory of the territory subject to its control in order to provide information which may be used or referenced in EIR's. As allowed by CEQA, this Program EIR for the proposed Amendment will reference the City's MEA, when applicable. The City recently updated its General Plan and certified the EIR that evaluated the potential impacts associated with development consistent with the updated General Plan. The certified General Plan EIR will also be referenced as necessary in this Program EIR. 3.3 Project Description The Agency currently has two redevelopment project areas and is proposing to amend the Redevelopment Plan for Project Area No. 1 only. The Agency does not propose to add or remove area to the existing Project Area with this proposed Amendment. The proposed Amendment would guide the future redevelopment of the Project Area. The amended Redevelopment Plan, if adopted, would supersede the existing Redevelopment Plan for Project Area No. 1. The reason for the proposed Amendment is to facilitate the reduction and mitigation of existing blighting conditions in order to improve the economic viability of the Project Area. Although the Agency has accomplished a number of redevelopment projects in Project Area No. 1 to date, the Agency has more specifically defined and increased the number of projects listed in the existing Redevelopment Plan that need to be constructed and/or implemented to remove blight and encourage redevelopment within Project Area No. 1. The proposed Plan Amendment would extend the duration of redevelopment activities under the proposed Amendment to November, 2023 to accomplish the goals and objectives of the amended Plan. The proposed Amendment would establish new time limits for the Agency to incur debt to finance public improvement projects while consolidating and establishing new limits for the amount of bond indebtedness that can be outstanding at one time and the amount of tax increment that can be allocated to the Agency. The proposed Amendment would also extend the Agency's authority to use eminent domain to acquire private property for public use in certain circumstances. The Agency would have eminent domain authority for twelve years from the date of adoption of the new Plan. Adoption of the proposed Amendment would preserve and expand the ability of the Agency to construct public improvement projects which are still needed in the Project Area to improve and upgrade existing infrastructure. The Agency proposes to include! in the proposed Amendment those public improvement projects that :have not been completed to date, but are listed in the existing Redevelopment Plan for Project Area No. 1. The Agency proposes to include in the proposed Amendment those public improvement projects that are needed to further remove existing blight and encourage 28 economic viability in the City. See Table 1 for a list of projects. 40 The types of projects included in the proposed Amendment are storm drain improvements, street improvements, installation of traffic signals, upgrading sewer and water lines, providing community facilities and improving public services. Table 1 Capital Improvement Projects PROUROTEDESWRTEEION 1. HOUSING PROGRAMS a. Future Housing Program Costs to Meet Production Need 2. COMMERCIAL REHABILITATION/ECONOMIC DEVELOPMENT a. Land Acquisition/ Write -Down Costs b. Downtown Parking District- This project involves the acquisition and improvement of parking lots to serve portions of the Village Area. C. Commercial Rehabilitation Program d. Update Village Specific Plan- Includes design guidelines and comprehensive marketing study. 3. STREET/DRAINAGE IMPROVEMENTS a. Avenue 54: Jefferson Street to Monroe Street- Widen to four lanes, construct curbs, gutters and provide landscaped medians. b. Eisenhower Drive: Washington Street to Avenue 50- Widen to four lanes, construct curbs, gutters and provide landscaped medians. C. Washington Street: Fred Waring Drive to Avenue 52- Widen to six lanes with center median, construct curbs, gutters and provide landscaped medians. d. Coachella Canal Bridge at Avenue 52: Widen bridge at Avenue 52 including curbs, gutters, medians and sidewalks. e. Coachella Canal Bridge at Jefferson Street: Widen bridge at Jefferson Street, including curbs, gutters, medians, sidewalks. 29 f. Citywide Transit Facility Improvement Program: UpgraLde and expand bus shelters and construct turnouts and transfer facility. g. Avenue 52: Desert Club Drive to Monroe Street- Widen to six lanes with center median, construct curbs, gutters and landscaped median. h. Avenue 50: Washington Street to Madison Street- Widen 'to four lanes, construct curbs, gutters and landscaped median, :improve bridge crossing. i. Jefferson Street: Avenue 52 to Avenue 54- This project consists of street rehabilitation and pavement overlay at selected locations. j. Avenue 50: Orchard Lane to Jefferson Street- This project consists of street rehabilitation and pavement overlay at selected locations. k. Madison Street: Avenue 50 to Avenue 62- Widen to four lanes, construct curbs, gutters and landscaped median. 1. Washington Street: Avenue 50 to Evacuation Channel - Widening of Washington Street from Avenue 50 to Evacuation Channel and widening of channel bridge and installation of Ak median landscaping. M. Monroe Street: Avenue 52 to Avenue 62- Widen to four lanes, construct curbs, gutters and landscaped median. n. Eisenhower Drive: Avenue 50 to Calle Tampico- Widen Evacuation Channel bridge, construct curbs, gutters and landscape median. o. Eisenhower Drive: Avenue 50 and Coachella- Landscape existing median. p. Phase VI Improvements - Village The project includes construction of storm drains, water mains, sewer system connections, curbs, gutters, and medians, rights -of -way acquisition and landscaping improvements. The paving of residential streets is also included. q. Jefferson Street: Fred Waring Drive to Avenue 62- Widen to six lanes with center medians, construct curbs, gutters and landscaped medians. r. Washington Street: Whitewater Storm Channel to Simon. Drive - Landscape existing median. 30 S. Avenue 52: Avenida Bermudas to Desert Club Drive- Widen Avenue 52, construct curbs, gutters and landscape medians. 4. TRAFFIC SIGNAL\STREETLIGHT IMPROVEMENTS a. Eisenhower Drive/Avenue 52: Installation of traffic signals. b. Eisenhower Drive/Calle Tampico: Installation of traffic signals. C. Avenue 52/Jefferson Street: Installation of traffic signals d. Avenue 52/ Avenida Bermudas: Installation of traffic signals. e. Avenue 50/Jefferson Street: Installation of traffic signals. f. Calle Tampico/ Avenida Bermudas: Installation of traffic signals. g. Intersection Plan: Prepare a Critical Intersection Plan to identify specific geometric and right-of-way requirements at key intersections. h. Madison Street/Avenue 54: Installation of traffic signal. i. Avenue 52/Washington Street: Installation of traffic signal. j. Eisenhower Drive/ Calle Montezuma: Installation of traffic signals. k. Airport Boulevard/Madison Street: Installation of traffic signals. 1. Avenue 54/Jefferson Street: Installation of traffic signals M. Prepare Alternative Transportation Study: R e v i e w feasibility of various transportation options serving the Project Area. 5. CAPITAL FACILITY IMPROVEMENTS a. Cultural Events Center: Create a multi -use area for cultural activities and events as well as a passive open space area. This project includes landscaping, hardscape, parking, lighting, restrooms, art/water features and an amphitheater/bandstage shell. 31 6. PARR IMPROVEMENTS a. Fritz Burns Park: Installation of picnic facilities, playground equipment, and basketball courts. b. Renovate existing tennis courts, add new tennis courts, construct additional open space play area. C. Construct tennis and community recreation building. d. Sports Complex: The project entails the design and construction of improvements to the Sports Complex, including additional landscaping, volleyball courts, picnic areas and other recreational amenities. e. Yucatan Park f. Cove Community Park q. Upper Cove Public Improvements h. Lake Cahuilla County Recreational Area: Install improvements in cooperation with the County. i. Bear Creek Pathway Park: Construction of rest stop areas, water amenities, picnic areas and tot play equipment. The proposed Amendment would also increase the revenue available to be used to facilitate low and moderate income housing in the City. As required by the Community Redevelopment Law, the Agency must set aside at least 20 percent of all tax increment revenues received from the Project Area and allocated to the Agency to be used towards increasing, improving and preserving the community's supply of low and moderate income housing. 3.4 The Intended Use Of This EIR This Program Environmental Impact Report must be approved and certified by both the La Quinta Redevelopment Agency and the City of La Quinta. Once certified, the EIR will be referenced by the City of La Quinta Planning and Development Department during environmental review of the construction of public improvement projects listed in the proposed Amendment. In order to certify the EIR the City and the Agency must find that: the Final Program EIR has been completed in compliance with the California Environmental Quality Act (CEQA); the decision makers (in this case the Agency and City) have reviewed the EIR and considered the information within the EIR prior to approving the project; and the Final Program EIR reflects the independent judgement of the City and the Agency. 32 Once certified, the Program EIR will be referenced, in conjunction • with other public documents that may be relevant to the Project, by the Agency and City in making their decision to approve the proposed Amendment to the Redevelopment Plan for Project Area No. 1. If the Plan is approved by the Agency and the City, the certified Final Program EIR can be referenced in the future as adequate environmental documentation for the construction of Agency sponsored projects listed in the Plan. If it is determined by the City in the future that this Program EIR adequately addresses the potential environmental impacts associated with the construction of a public improvement project listed in the Plan subsequent environmental documentation would not be required. If, however, the City determines this EIR does not adequately address the potential environmental impacts associated with the construction of a project due to a lack of specific detailed information at the time this Program EIR was prepared, subsequent environmental documentation in compliance with CEQA would be required. The Final Program EIR for the Plan Amendment can be referenced for those projects in the future where the information in the final program EIR adequately addresses the potential impacts of the proposed redevelopment project. All future Agency sponsored public or private projects would receive the same City environmental review in terms of site design, land use compatibility, code compliance, etc. as any other projects within the City. Potential environmental impacts associated with construction of the public improvement projects listed in the Plan would occur independently of the financing source. The potential environmental impacts identified in this EIR that may occur with the construction of the public improvement projects listed in the Plan would occur whether the projects are financed by the Agency or the City. The agencies that would use this EIR as reference for adequate environmental documentation during their review for approval of projects listed in the Plan include: City of La Quinta Planning and Development Department - construction of both public improvement projects and low and moderate income housing. 3.5 Project Objective The objective of the proposed Amendment is to afford and enhance the ability of the La Quinta Redevelopment Agency to continue to eliminate blight, upgrade and improve deficient infrastructure, upgrade public services and improve the economic viability of Project Area No. 1. 33 4.0 Environmental Setting, Potential Impacts, Mitigation Measures and Unavoidable Adverse Impacts 4.1 Air Quality 4.1.1 Environmental Setting The information contained in this section has been taken from several different publications including the 1992 La Quinta General Plan Air Quality Element, 1992 La Quinta General Plan Master Environmental Assessment, 1992 La Quinta General Plan Finial EIR, City of La Quinta Fugitive Dust Control Ordinance #219, and the South Coast Air Quality Management District CEQA Air Quality Handbook. These documents will be referenced as appropriate. This Program EIR also incorporates by reference the potential air quality impacts and mitigation measures included in the 1992 La Quinta General Plan Final EIR. Since development within the Project Area must be consistent with the General Plan, the potential impacts and mitigation measures associated with that development as identified in the General Plan EIR would also be the same and apply to the proposed Project. The City of La Quinta adopted a Statement of Overriding Considerations relative to air quality because some potential air quality impacts associated with development of the 1992 General Plan cannot be fully mitigated to insignificant levels. Therefore, incorporation by reference of the 1992 General Plan EIR must also include reference of the Statement of Overriding Considerations for air quality. The Project Area is located in the South East Desert Air Basin (SEDAB) of the South Coast Air Quality Management District (SCAQMD). The SCAQMD governs the South Coast Air Basin (SCAB) and the portion of the SEDAB comprised of the desert portions, of Los Angeles, Riverside and San Bernardino counties. Figure 3 shows the relationship of the SCAQMD, SCAB, and SEDAB. The City of La Quinta is located in the Coachella Valley which comprises a westerly portion of the Colorado Desert of California. The climate of the Coachella Valley is a continental, desert -type with hot summers, mild winters and very little annual rainfall. Precipitation is less than six inches annually and occurs mostly in the winter months from active frontal systems, and in the late summer months from thunderstorms. Temperatures exceed 100 degrees Fahrenheit, on the average, for four months each year, with daily highs near 110 degrees Fahrenheit during July and August. Summer nights are very mild with minimum temperatures in the mid-70's. During the winter season, daytime highs are quite mild, but the dry air is conducive to nocturnal radiant cooling, with early morning lows around 40 degrees. 34 g R Rom M a H r Z Q J LL O V 36 Average seasonal temperatures and precipitation for the Indio and Palm Springs air monitoring sites near La Quinta are presented in Table 2. The Coachella Valley is exposed to frequent gusty winds, primarily during the spring and early summer months, which contribute to concentrations of both particulates and ozone in La Quinta. Strong westerly winds blowing into the Coachella Valley are responsible for the transport of ozone from the Los Angeles Basin. Inter -basin transport studies analyzing meteorological and air quality data clearly show that South Coast Air Basin pollutants are transported to the Coachella Valley, typically during the late afternoon and evening hours, primarily during the spring and summer months. Table 2 Average Seasonal Temperatures and Precipitation Indio and Palm Springs Air Monitoring Stations Site Month Maximum Temperature (OF) Minimum Temperature Precipitation (Inches) Palm Jan. 69 40 1.03 Springs Apr. 86 52 0.21 Jul. 108 73 0.17 Oct. 91 57 0.28 Thermal/ Jan. 71 39 0.66 Indio Apr. 88 57 0.11 Jul. 107 78 0.07 Oct. 92 58 0.20 Source: State Implementation Plan for PM10 in the Coachella Valley, SCAQMA, 1990. Strong pressure and air mass density differences between the desert air mass of the Coachella Valley and the marine -modified coastal air mass of the South Coast Air Basin draw air into the Valley. Surface low pressure in the deserts causes cooler and denser- ocean - modified air to move through the Banning Pass into the Coachella Valley and to accelerate, creating winds which frequency exceed 40 miles per hour. As synoptic (or very large scale) weather patterns reinforce the localized regime through wind -inducing surface pressure gradients, strong and widespread winds result. These winds can persist for many hours and generally have a west -through - north wind component. M Strong seasonal winds in the Coachella Valley also contribute to the "blowsand" phenomenon, a major source of naturally occurring, airborne particulate matter in La Quinta. Within the Coachella Valley, there is a natural sand migration process which, in conjunction with wind conditions, has direct and indirect effects on air quality. Each year, winter rains cause erosion of adjacent mountains and water runoff into the northern part of the Coachella Valley. This process produces huge deposits of newly created sand in that area. During the spring months, persistent, strong winds carry the sand methodically down the Valley. This natural sand migration process called "blowsand" produces particulate pollutants in two ways: 1) by direct particle erosion and fragmentation; and 2) by secondary effects such as sand deposits on road surfaces which can be ground into Particulate Matter 10 (11PM1011) by moving vehicles and resuspended in the air by those vehicles. Natural, seasonal sand deposits agitated by strong winds can reduce desert visibility, which typically exceed 35 miles, to less than a mile. During seasonal periods of persistent.high winds and during summer thunderstorms which generate strong gusts and large-scale dust storms, the natural large-scale effects over the desert overwhelm local manmade dust -producing conditions. Such events, which occur approximately 10 to 15 days per year, are considered "exceptional events" by the Environmental Protection Agency (EPA) and are excluded from air quality attainment status. Air Quality Standards Ambient Air Quality Standards (AAQS) represent the maximum level of background pollution considered safe with an adequate margin of safety, to protect the public health and welfare. The five primary pollutants of concern for which standards have been established are: ® Sulfur Dioxide (SOX) a Carbon Monoxide (CO) a Nitrogen Oxides (NO.) ® Total Suspended Particulates (TSP) National Ambient Air Quality Standards (NAAQS) were promulgated by the EPA in 1971, with states retaining the option to develop different (more stringent) standards. Due to the unique air quality problems in California, the California Air Resources Board (ARB) has developed additional ambient air quality standards. Included in Table 3, California and Federal Air Quality Standards, is a list of the currently applicable State and Federal standards. Air Ouality Manaaement Plan The City of La Quinta is subject to the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan (AQMP), a plan which describes measures designed to bring the South Coast Air 37 TABLE 3 STATE AND FEDERAL AIR QUALITY STANDARDS - 1990 AIR STATE FEDERAL POLLUTANT CONCENTRATION ------------------------------------------- ------------------------------------------------------------------------------- PRIMARY SECONDARY OZONE >.09 PPM, 1-HR. 0.12 PPM, 1-HR. AVG 0.12 PPM, 1-HR. ------------------------------------------------------------------------------- AVG. CARBON > 9.1 PPM, 8-HR. 9 PPM, 8-hr. AVG 9 PPM, 8-HR. AVG MONOXIDE ------------------------------------------------------------------------------- > 20 PPM, 1-HR. 35 PPM, 1-HR. AVG 35 PPM, 1-HR. AVG NITROGEN > .25 PPM, 1-HR. 0.05 PPM, ANNUAL AVG 0.053 PPM, ANNUAL DIOXIDE ------------------------------------------------------------------------------- AVG. SULFUR > .05 PPM, 24-HR. AVG 0.03 PPM, ANNUAL AVG 0.53 PPM, 3-HR. DIOXIDE WITH OZONE> .10 PPM, 0.14 PPM, 24-HR. AVG AVG. 1-HR. OR TSP > 100 ------------------------------------------------------------------------------ UG/CU. M, 24-HR. USPENDED > 50 UG/M3, 24-HR. 75 UG/CU. M, ANNUAL 60 UG/CU. M, ANNUAL TICULATES GEOMETRIC MEAN GEOME7.'RIC MEAN (PM10g) * 260 UG/CU. M, 24-HR. 150 UG/CU. M, 24-HR •------------------------------------------------------------------------------- AVG AVG SULFATES -------------------------------------------------------------------------------- > 25 UG/CU. M, 24-HR. N/A N/A LEAD > 1.5 UG/CU. M, 1.5 UG/CU. M, 1.5 UG/CU. M, -----------------------------------------------------------------•-------------- MO. AVG CALENDAR QUARTER CALENDAR QUARTER VISIBILITY IN SUFFICIENT AMOUNTS REDUCING TO REDUCE THE PARTICLES PREVAILING VISIBILITY TO LESS THAN 10 MILES N/A N/A AT RELATIVE HUMIDITY LESS THAN 70%, 1 OBSERVATION UG/M3 = MICROGRAMS PER CUBIC METER OF AIR G = PM10 REFERS TO FINE PARTICLES WITH AERODYNAMIC DIAMETER OF 10 MICROMETERS OR LESS. SOURCE: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 11 38 Basin (SCAB) and the portion of the South East Desert Air Basin over which the District has jurisdiction (including the City of La Quinta) into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The AQMP divides its air pollution control strategies into three tiers according to their readiness for implementation: ® Short and Intermediate Term Measures call for full implementation of known technological applications and effective management practices over the next five years. ® Long -Term Measures which include Unmeasurable Technologies and "On the Horizon' advancements call for significant advancement of today's technological applications and vigorous regulatory intervention. State Implementation Plan for PM10 in the Coachella Valley The SCAQMD's Final November 1990 State Implementation Plan (SIP) for PM10 (very fine particulate matter less than 10 microns in diameter) in the Coachella Valley addresses the EPA's non - attainment particulate designation for the Coachella Valley and the control measures required to meet and maintain state and federal PM10 standards by 1995. Large-scale blowsand events, which can produce high levels of PM10 through natural processes, are not targeted for control. This SIP focuses on man-made dust producing activities and the reduction of blowsand intrusion into populated areas. SIP control measures are designed to reduce fugitive dust from five major source categories. Generally, these measures include chemical/water treatment of unpaved roads, the paving of construction roads, and unpaved public/private roads stabilizing blowsand areas, covering trucks, limiting soil movement activities on windy days and vegetative planting. The implementation and monitoring program of the SIP is dependent on the District, CVAG and local governments. Local governments are asked to develop ordinances, monitor progress, and create a County Service Area (CSA) or similar funding mechanism to implement the SIP. Specific actions that local governments will implement are as follows: ® Include PM10 analysis and mitigation measures in the CEQA review for new projects. ® Adopt an ordinance addressing emissions from construction activities, unpaved roads and parking lots. ® Adopt an ordinance specifying supplemental development standards for new and existing uses. 39 ■ Initiate a clean streets management program. ■ Initiate a tree (windbreak) planting program. ■ Adopt an ordinance addressing emissions from agricultural activities. ■ Consider creation of a CSA/SM to fund implementation of the SIP. Existing Air Ouality The California Air Resources Board (CARS) monitors and records air pollution information at more than 200 locations throughout the state and publishes this data on a regular basis. There are four monitoring stations located in the Riverside County portion of the SEDAB, two of which are in the Coachella Valley. One is located in the City of Palm Springs and one in the City of Indio. The Indio station has been collecting data for ozone and particulates since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulates and has been in operation since 1985. The locations of these monitoring stations are presented in Figure 4. Combined ambient air quality monitoring data from the Indio and Palm Springs stations, along with state and federal ambient air quality standards, are summarized in Table 4. As noted in Table 4, the Coachella Valley area has exceeded federal or state standards for ozone and particulates (TSP and PM10) during the period 1989- 1990. PM10 (very fine particulate matter less than 10 microns in diameter) describes a subset of total suspended particulates which are small enough to be inhaled and to reach the lungs. The State Air Resources Board (ARB) has designated the entire Riverside County portion of the South East Desert Air Basin as a non - attainment area for photochemical oxidants (ozone, or smog) and total suspended particulate matter. At the current time, the Federal government has not imposed sanctions for violations of ozone because the South East Desert Air Basin is showing progress to,.:ard meeting the standards. Despite the ozone exceedances recorded in the Coachella Valley,, ozone attainment is less of a local concern than particulate matter because the majority of ozone in the Project Area is not created locally. Because the primary source of ozone in the Coachella Valley is that transported from the Los Angeles Air Basin, the maximum number of ozone violations typically occur in the western most portions of the Valley. The northwesterly winds which dominate throughout the year are responsible for the transport of ozone concentrations from the Los Angeles Air Basin into the Coachella Valley through the Banning Pass. Ozone concentrations in the Coachella Valley are 40 J Q Z � W U r Cg � � J Ji • O i r.. • .g • r t g y® � c• Mfg pp� 7 oil FCEOOC C� L Ow1Y LN OC •0O •�e�LCe�•O0. a}}_ F=uw I wee or.c6QHIr, E-° J6NGm;LJ �J �F SLU6JLJ Up YI �yy���7 NCc VZee Gpp 2ppJLg CL= �N1'10Nelh OOi����^�'��^nNfVN1�11NIV NIV NI�Flnt�'�n�� �m U W U 0 i i� Q J LL. 0 V Fl1 TABLE 4 AMBIENT AIR QUALITY SUMMARY INDIO AND PALM SPRINGS MONITORING STATION Oxidants (Ozone) 1 hr 0.09 ppm 0.12 ppm .19 -17 .16 .16 108 73 76 47 Carbon 8 hrs 9.1 ppm 9.5 ppm 6.0 5.0 NM NM 0 0 NM Monoxide 1 hr 20 ppm 35 ppm 2.9 2.3 NM NM 0 0 1 JNM NM NM Nitrogen Dioxide I hr 0.25 ppm - .09 .09 NM NM 0 0 NM NM Sulfur Dioxide 1 hr 0.25 ppm - NM NM NM NM NM NM NM NM Total Suspended Particulates 24 hrs 260 ug/m' 768* 83* 1,465* 485** * = Maximum 24-hour sample (in ug/m3) ppm = Parts per million ug(m3 = Micrograms per cubic meter N/M = Not Monitored ** = Less than 12 full months of data. Monitoring discontinued Source: South Coast Air Qualiry Management District 42 greatest during the warm summer months and at locations where ozone transported from the west meets locally produced concentrations of ozone forming pollutants. The most significant locally -produced ozone component is NOx, with the greatest concentrations associated with areas of heavy traffic and congestion. The primary source of carbon monoxide in the Coachella Valley is automobiles. Local carbon monoxide concentrations are greatest during the cooler winter months near congested intersections and roadway segments. The Coachella Valley has been designated by the Environmental Protection Agency (EPA) as a Group I non -attainment area for PM10. This means the Valley has a 95 percent chance of violating federal health -based standards for PM10. In the Coachella Valley, PM10 comes mostly from locally generated fugitive dust, particularly soil dust. Because PM10 non -attainment conditions in the Coachella Valley are strongly tied to local fugitive dust problems, rather than dominated by transport from the South Coast Air Basin, a separate PM10 State Implementation Plan for the Coachella Valley has been prepared. Under the 1990 federal Clean Air Act Amendments (CAAA), the Coachella Valley was originally classified as a 'moderate' PM 10 non -attainment area. In response to pre-CAAA requirements and subsequent requirements under the CAAA for 'moderate' areas, the South Coast Air Quality Management District (District) developed the "State Implementation Plan for PM10 in the Coachella Valley" (91-CVSIP) which was adopted by the Governing Board in November, 1990. In accordance with the CAAA requirements for moderate PM10 non -attainment areas, the 91-CVSIP proposed implementation of reasonably available control measures (RACM) for fugitive dust sources no later than December 10, 1993. Modeling contained in the 91-CVSIP demonstrated attainment of the national ambient air quality standards (NAAQS) for pM10 would occur by December 31, 1995 one year after the statutory limit for moderate non -attainment areas. The CAAA specify that any area which cannot attain the standards by December 1994 would subsequently be reclassified as a "serious" non -attainment area. In January 1993, EPA completed its initial reclassification process, and included the Coachella Valley among five nationwide areas reclassified as "serious", effective February 8, 1993. The CAAA further specify that a SIP revision is due within 18 months of the reclassification which is August 8, 1994. Among other requirements, the "serious" area SIP must ensure the implementation of "best available control measures" (BACMs). The selection of BACM measures must be based on a combination of technical feasibility, cost-effectiveness, and energy/environmental considerations. Under this process, those selected BACM must be 43 implemented within four years of the reclassification date (February 8, 1997). Two sites in the Coachella Valley are currently monitored for PM10: Palm Springs and Indio. PM10 samples are collected with a sampling frequency of once every six days. Since PM10 monitoring began in the Coachella Valley in 1985, the federal PM10 standards (150 ug/m3 for a 24-hour average; and 50 ug/m3 for an annual average) have been exceeded in every year, except 1988. Highest levels (exceeding 700ug/m3) occurred during 1989 and successive years have shown decreasing values. The City of La Quinta has an ordinance (Ordinance #219) that establishes fugitive dust control requirements for certain existing land uses, construction and demolition projects. The purpose of the ordinance is to establish minimum requirements for construction and demolition activities and other specified land uses in order to reduce fugitive dust and corresponding PM10 emissions. The City requires that dust mitigation measures included in the Ordinance be incorporated into all construction and demolition activities, when applicable, to reduce fugitive dust in compliance with the SCAQMD's current State Implementation Plan (SIP) for PM10 in the Coachella Valley. 4.1.2 Potential Impacts Albk 19 The threshold for determining whether or not the proposed Project could have a significant impact on air quality is determined by the definition of Significant Effects for air quality as stated in Appendix G of the CEQA Guidelines. As stated in Appendix G, "A project will normally have a significant effect on the environment if it will: (X) Violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation or expose sensitive receptors to substantial pollutant concentration." The significance of potential air quality impacts will be evaluated by the cited CEQA Guidelines criteria. Ell Short -Term Impacts There are several short-term air quality impacts associated with development that is anticipated to occur with adoption and implementation of the proposed Amendment. The short-term air quality impacts include specific activities that typically occur during the construction of the types of public improvement projects that are listed in the proposed Amendment. The typical air quality impacts include exhaust emissions associated with the operation of engine powered construction equipment, particulate matter and fugitive dust. The particulate matter and fugitive dust would occur during both the grading of the site and the construction phase. 44 The amount and potential significance of short-term air emissions associated with the operation of construction equipment used to grade and construct a project would depend upon the scope of the project and the time it would take to construct the project, the amount of diesel and gasoline powered equipment that would be in operation during project construction, the operational condition of the equipment and how well the equipment is tuned, the number of construction employees commuting to a site, the number of trips delivery vehicles make to the site to delivermaterials, etc. A large project would generate more air emissions during project construction than a small project. The time of the year a project is constructed would also determine the significance of the impact on local air quality. If a project is constructed during a period of the year when local air quality exceeds State air quality standards, the additional air emissions generated from the project would have more significant air quality impacts than if the project were constructed during a portion of the year when air quality is good. Conversely, if a project is constructed during the time of the year air quality is good the emissions generated during construction would not be as significant. Depending upon the time of the year and the total amount of daily air emissions generated a project may or may not have significant short-term air quality impacts. The short-term air emissions associated with particulate and fugitive dust would also depend upon the scope of a project, whether or not the project involves the grading of a vacant piece of property or the construction occurs on a paved surface such as within an existing paved street right -of way, the type and effectiveness of measures incorporated into the project to reduce dust emissions, if the project occurs during periods of the year when local winds typically blow, etc. Depending upon the above conditions and situations the particulate matter and fugitive dust that would be generated during the construction of a project may or may not be significant. The significance of short-term air quality emissions associated with the construction of projects would be more thoroughly determined at the time specific projects are submitted to the City for approval. Once a project is submitted to the City more detailed project information would become available to evaluate the potential significance of short-term air emissions. The information that would be available includes the anticipated time of year for construction to take place, the scope of the project, whether or not the project requires grading of vacant land, the number and type of construction equipment that would be used during project construction, an estimate of the number of construction employees that would be employed during construction, etc. At that time the City could determine whether or not the project would have a potential significant impact on local or regional air quality and could incorporate mitigation measures into the project accordingly. 45 L,J Alk The potential for short-term air quality impacts also exists for FM future private development that could occur within the Project Area as well as public improvement projects. The intent of the proposed Amendment is to increase the economic viability of the Project Area which includes additional private development. The construction of private development projects has the potential for short-term air quality impacts during project construction as identified above for public project construction. Once development plans for a private development project are proposed and submitted to the City for approval, the City would be able to determine the significance of potential exhaust and fugitive dust emissions associated with construction of the project. The City would then incorporate mitigation measures into the private development projects to reduce significant short-term air emissions to insignificant levels when required. At this time due to the unavailability of specific project information for either public or private projects anticipated to be constructed in the Project Area the significance of potential short-term air quality impacts cannot be accurately determined or quantified without speculation. However, since the Coachella Valley does experience periods throughout the year with high particulate matter and state and federal PM10 standards are exceeded, mitigation measures to reduce the generation of additional fugitive dust and particulate matter during project construction would be required in all future construction projects. The City of La Quinta General Plan EIR stated that, based on the amount of undeveloped land currently in the City and the development of that land over a 37 year period, daily exhaust emissions associated with the operation of construction equipment to develop that land would generate 437 pounds per day of total suspended particulates. The SCAQMD's threshold for total suspended particulates (TSP) per project, including fugitive dust, is 150 pounds per day. The 437 pounds of particulate matter is the amount estimated to be generated daily in the City. The SCAQMD's threshold of 150 pounds per day is based on each specific project, so if a project does not exceed 150 pounds of TSP per day a project would not have a significant impact according to SCAQMD threshold criteria for TSP. The SCAQMD CEQA Air Quality Handbook addresses the PM10 issue in the SEDAB. The CEQA Handbook states that, "When estimating a project's construction -related emissions, the emissions can be averaged over a 3 month period to include only actual working days." The District's significance threshold for PM10 on a quarterly basis is 6.75 tons per quarter of PM10. If the City determined upon its review of a project that the threshold of 6.75 'South Coast Air Quality Management District, CEQA Handbook, AftL April, 1993, p. 6-4. wo 46 tons per quarter or 150 pounds per day of PM10 emissions would be exceeded, then measures would have to be implemented into the project to mitigate these emissions. The City will review, as a matter of standard City procedure, each project on a case -by -case basis in the future and determine whether or not a project would generate more than 150 pounds of TSP per day and require measures to reduce TSP per day to the SCAQMD threshold in order for a project not to have significant TSP impacts. The SCAQMD has other air emission thresholds, in addition to PM10, that projects must be evaluated against to determine significance. The thresholds for determining significance of air emissions generated within the SEDAB are listed below: ® 75 pounds/day of Reactive organic Compounds (ROC). ® loo pounds/day of Nitrogen Oxides (NO,). ® 550 pounds/day of Carbon Monoxide (CO) m 150 pounds/day of Sulfur Oxides (SOX). m California State 1-hour and 8-hour CO standard. Projects within the Coachella Valley, which includes Project Area No. 1, with peak operation related emissions that exceed any of the above emission thresholds should be considered significant2. Long -Term Impacts The potential long-term regional cumulative air quality impacts associated with the proposed Amendment include those air emissions that are anticipated to occur with the operation of both public and private projects on a daily and on -going basis throughout the life of the individual project. The types of operational air emissions include those emissions produced by the occupancy of a facility or residential development due to both mobile and stationary sources. The stationary emissions include those from natural gas combustion for space heating and cooking and the use of electricity for lighting and operation of electrical equipment. Mobile emissions result from such uses as the operation of motor vehicles associated with employees, residents and patrons commuting to a site, vehicles delivering goods and services to a site and other modes of transportation. There are indirect sources of mobile air emissions associated with projects which include the operation of motor vehicles within a building such as a forklift and other motorized equipment, vehicles used to maintain public and private roadways ZSouth Coast Air Quality Management District, CEQA Handbook, April, 1993, p. 6-3. 47 Ah such as street sweepers, pavement striping equipment, etc. The generation of various types of vehicle emissions associated with development anticipated to occur within the Project Area. would increase the amount of mobile air emissions generated in the local air basin. Potential development that could occur within the Project Area upon implementation of the proposed Amendment may be similar, but not necessarily the same, as the types of uses allowed to be developed by the City's General Plan. Some of the La Quinta Redevelopment Agency's strategies may not necessarily be similar to those of the City's General Plan. The potential air quality impacts would be the same, or very similar, to the air quality impacts identified in the City's General Plan Final EIR if the Agency develops projects in conformance with the General Plan. Based on the potential air quality impacts identified in the General Plan Final EIR, buildout of the General Plan would result in long-term air quality impacts that cannot be fully mitigated for the region based on SCAQMD criteria. Because air quality impacts cannot be fully mitigated, the City adopted a Statement of Overriding Considerations for air quality upon approvi7 ',e General Plan EIR. The largest single source of air emission impact is the automobile. In order to reduce potential significant air quality impacts the number of vehicle trips and their length would have to be reduced. A reduction in vehicle trips and length of vehicle trips would Alh result in a direct reduction of air emissions. At this time the amount of potential air emissions anticipated to be associated with adoption and implementation of the proposed Amendment cannot be quantified due to the lack of specific project information. A specific analysis and estimation of the amount of air emissions anticipated to occur with construction and operation of both public and private would have to be conducted in the future. It would be speculative at this time to estimate the amount of air emissions anticipated to occur throughout the life of the Redevelopment Plan unless specific project information is available. Although adoption and implementation of the proposed Amendment could encourage additional private development to occur in the Project Area, a similar degree of development has already been anticipated in the present General Plan. In other words, adoption and implementation of the proposed Amendment would not likely allow the development of uses or densities that are not presently allowed by the existing General Plan and the existing Redevelopment Plan for Project Area No. 1. The largest single source of air emissions in the Project Area, in addition to PM10 particulates, is exhaust emissions associated with the operation of motor vehicles. The construction of public improvement projects is not anticipated to directly result: in the 48 generation of significant additional quantities of motor vehicle trips and emissions. The types of public improvements listed in the proposed Amendment would not, once constructed, generate a significant quantity of additional traffic trips. Specific improvements such as a street improvement or a street widening may result in additional traffic on that particular street, but it is speculative at this time to determine whether or not there would be additional traffic and whether or not it would be significant. Therefore, construction of the public improvement projects listed in the proposed Amendment may or may not directly or indirectly generate significant quantities of air emissions. The Agency may provide assistance with the construction and development of private sector projects within the Project Area. Additional development would result in the generation of increased traffic trips with a corresponding increase in vehicle emissions. The amount of additional air emissions that would result due to development would depend upon several factors such as the density of the development, the type of use, the number of vehicle trips generated, the use of public transportation facilities and car- pooling by project residents or employees, etc. The potential air quality impacts associated with each private project would have to be more specifically determined at the time each project is proposed and submitted to the City for approval and the City would then incorporate mitigation measures. The City does incorporate traffic trip reduction measures into new projects in compliance with the Transportation Demand Management and Ordinance 217 and as required by Regulation XV of the South Coast Air Quality Management District. The amount of additional traffic generated by new development within the Project Area would be controlled and regulated to some degree by the City's Transportation Demand Management Ordinance 217. Ordinance 217 requires specific trip reduction measures and encourages car pooling for companies of specific employee numbers to reduce traffic trips. TDM Ordinance 217 supports SCAQMD Regulation XV. Public and private employers are encouraged by ordinance 217 to implement programs which eliminate person work trips, such as alternate work schedules, flextime and telecommuting. Employers not required to prepare trip reduction plans under Regulation XV are encouraged to implement programs which increase average vehicle occupancy, such as vanpool and carpool programs. The EIR that was certified previously for the existing Redevelopment Plan for Project Area No. 1 did not identify any potential significant air quality impacts associated with the adoption and implementation of that Redevelopment Plan. The EIR did state, however, that over the long term a gradual increase in traffic associated with additional private development anticipated to occur in the Project Area would result in a subsequent increase in air emissions. Due to the lack of availability of specific 49 private development information at the time the initial Redevelopment Plan for Project Area No. 1 was adopted the EIR was not able to quantify, without being speculative, the significance of the anticipated increased air emissions due to the lack of specific project and air quality information. However, since that time the City has certified an EIR in 1992 for the updated General Plan that resulted in the City adopting the new General Plan with a Statement of Overriding Considerations due to unavoidable adverse air quality impacts associated with development in the City, based on the General Plan Land Use Map. The potential significant air quality impacts identified in the General Plan EIR will be associated with the long-term mobile emissions due to an increase in traffic within both the City of La Quinta and the Coachella Valley. As with the initial Plan adoption, this proposed Amendment does not have specific private development proposals and information available at this time. Therefore, the specific air quality impacts can not be fully addressed at this time without being speculative. Future development within the Project Area will be guided by the La Quinta General Plan. The EIR certified in 1992 for the General Plan stated that there will be significant adverse long-term air quality impacts associated with future development in the City as well as the region, which includes the Coachella Valley. Therefore, development that would occur in the future in Project Area No. 1 in accordance with the General Plan could also have significant long-term mobile air quality impacts. It is the intent of the proposed Plan to increase the economic viability of the Project Area and the City through implementation of the Plan Amendment. Increased economic viability is also anticipated to result in increased development in the Project Area by the private sector. Increased development would result in increased air emissions due to the operation of motor vehicles, combustion of natural gas for heating and cooking, off -site emissions to generate electricity for use in the Project Area, etc. Although it is acknowledged that additional air emissions will indirectly occur with adoption of the proposed Amendment, the potential significance of the additional air emissions is speculative to determine at this time due to the lack of specific project information. Project specific air quality analysis: would have to be conducted at the time each individual project is submitted to the City in order to adequately determine more accurately the air emissions that would be associated with a project and the significance of the emissions. The Air Quality Management District has specific guidelines and data that can be used to determine the potential significance of the air emissions associated with a project. However, in order to adequately utilize the air emission data in the District's CEQA Handbook, site specific project information such as the number of residential units, acreage of the site, the number of square feet 50 to be developed and the type of use, the number of vehicle trips estimated to be generated, the type of cooling and heating proposed, etc., must be known. At this time such specific project information is not available and an accurate evaluation of potential long-term air quality impacts associated cannot be determined. At the time specific projects (both public and private) are submitted to the City for approval the City would evaluate each project for potential air quality impacts. Should the City determine a project could have potential air quality impacts as identified in the CEQA Guidelines and the South Coast Air Quality Management District CEQA Handbook, an air quality analysis would be required to be prepared consistent with the SCAQMD CEQA Handbook. The City would also require that specific mitigation measures be incorporated in each project to reduce air emissions when significant impacts are identified. The construction of projects listed in the Plan in conformance with the General Plan will result in significant adverse air quality impacts. Since the proposed Plan will implement the General Plan there would be significant adverse air quality impacts with the construction of projects due to the adoption and implementation of the proposed Plan. There would be air quality impacts associated with the development of public and private projects listed in the Plan. However, at this time the potential significance of the air emissions cannot be fully determined due to the lack of specific project information. Subsequent environmental documentation in compliance with CEQA will have to be conducted in the future at the time each project is submitted to the City for approval. 4.1.3 Mitigation Measures Significant adverse air quality impacts would occur with adoption and implementation of the proposed Plan. The following measures are recommended to reduce some of the future air emissions that are anticipated to be associated with the construction and development of both public and private projects in Project Area No. 1. 1. The City shall review all public improvement and private development projects for potential air quality impacts. Should a project have potential air quality impacts an air quality analysis in compliance with the SCAQMD CEQA Handbook shall be prepared for City review and approval. 2. All applicable mitigation measures identified in the SCAQMD CEQA Handbook shall be incorporated into projects constructed within the Project Area to reduce those emissions estimated to exceed District thresholds. 51 n1 u 1 3. All projects shall comply with and implement el11 applicable implementation measures of the City's Air Quality Element of the La Quinta General Plan. 4. Project construction shall cease on days with a Stage! 2 or greater smog alert. 5. The City shall maintain and encourage the construction of pedestrian and bicycle systems when feasible to promote non - motorized transportation consistent with the City's Circulation Element of the General Plan. 6. All projects shall be required to incorporate all applicable Transportation Demand Management (TDM) practices per the City's TDM ordinance. 7. All projects shall comply with all applicable fugitive dust control measures listed in the City's Fugitive Dust Control Ordinance #219. 4.1.4 unavoidable Adverse Impacts The potential air quality impacts would be the same or similar to those impacts identified in the certified 1992 General Plan EIR. Therefore, development in the Project Area in association with the adoption and implementation of the proposed Amendment would result in significant unavoidable air quality impacts even with incorporation of the recommended mitigation measures. 52 4.2 Hydrology and Drainage 4.2.1 Environmental Setting The information in this section is taken from several sources including the Final EIR that was certified in conjunction with the adoption of the Redevelopment Plan for Project Area No. 1, the City of La Quinta General Plan Master Environmental Assessment and the La Quinta General Plan Final EIR. The threshold criteria that are used in this section to determine if the project would have significant hydrology/drainage impacts is based on the definition of Significant Effect included in Appendix G of the CEQA Guidelines which state, "A project will normally have a significant effect on the environment if it will: (f) Substantially degrade water quality; (g) Contaminate a public water supply; and (q) Cause substantial flooding, erosion or siltation". If so, the project would have significant impacts. The Coachella Valley Water District (CVWD) maintains and operates the existing regional drainage system that serves the City such as the Evacuation Channel and the WhiteWater River Channel. The City of La Quinta maintains all local facilities such as retention basins, dry wells, drop inlets and subterranean facilities. Portions of the Project Area are subject to flooding due to a 100- year storm associated with the Whitewater River located in the northern part of the City, north of Highway 111. other sections of the Project Area, including existing stormwater channels and retention facilities, are also subject to flooding during a 100- year storm, but the depth of flooding has not been determined. The City has Flood Hazard Regulations which regulate development within flood hazard areas. The Flood Hazard Regulations ordinance limits the types of development that can occur within areas subject to flooding by a 100-year storm. The intent of the ordinance is to protect the public health, safety and welfare and to minimize public and private costs due to flooding. There is currently one bridge crossing of the Coachella Valley Stormwater Channel on Washington Street that allows vehicular crossing of this channel during periods of high water. The rest of the channel crossings in the City consist of at -grade crossings which are subject to closure during periods of high water in the channels. During periods when vehicular access along major roadways in the City is precluded due to high water, alternative access routes must be used. However, these alternative routes are often heavily used at such times by area motorists since they are the only routes open for crossing major flood control facilities in the area and traffic delays occur as a result. As stated in Sections (f) and (g) of Appendix G of the CEQA Guidelines, as set forth above, one environmental issue associated 53 n LJ with stormwater runoff is surface water pollution. The primary source of surface water pollution in the Project Area, other than point source, is sedimentation due to erosion, construction and operational activities in the Project Area as well as areas outside the Project Area. The Federal Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The Environmental Protection Agency (EPA)is implementing the Clean Water Act through the National Pollutant Discharge Elimination System (NPDES). In California the State Water Quality Control Board administers the NPDES for EPA. As part of a two phase federal permitting process the City is currently participating with other communities in the Valley as well as Riverside County and the Coachella Valley Water District (CVWD) in completing the permit requirements. Phase 2 requires the identification of the measures necessary to ensure that water discharge into rivers and streams meet federal water quality standards. The City anticipates completing Phase 2 in 1993. There are areas within the Project Area that remain subject to flooding by a 100-year storm. The City has identified specific storm drain improvements that need to be constructed in order to remove or prevent identified areas from flooding. However, the City presently does not have the revenue sources available to fund the construction of storm drain improvements presently needed in the Project Area to eliminate the existing flooding potential to residents and property. 4.2.2 Potential Impacts The threshold criteria for determining whether or not the proposed Amendment could have a significant impact on storm water runoff is determined by the definition of Significant Effects for stormwater as stated in Appendix G of the CEQA Guidelines. As stated in Appendix G, "A project will normally have a significant effect on the environment if it will: (Q) Cause substantial flooding, erosion or siltation. The significance of potential flooding impacts for the proposed project will be evaluated by the cited CEQA Guidelines criteria. The proposed Amendment includes drainage improvements such. as the construction of gutters along major roadways and storm drain facilities in the Village area. Since the construction of storm drain and gutter improvement projects are included in the proposed Amendment, the Agency can, at its discretion, use tax increment revenue from the Project Area towards the construction of these projects. The City does not have the necessary funds available at this time to construct needed storm drain facilities in the Project Area. If the Agency can assist the City in constructing these needed facilities sooner than planned, the proposed Amendment would positively impact the City and its residents by reducing the threat 40 of flooding to residents and private property earlier than if the 54 City provided the funding solely. The construction of gutters along key roadways and storm drains in the Village would reduce the threat of flooding in the vicinity of the improvements as well as protect property downstream of the improvements. The construction of the gutters and storm drains would have short- term construction impacts. Depending upon the scope of a project, its location and the length of construction period there could be a variety of potential construction impacts. Some of the potential impacts include temporary traffic delays, construction noise, secondary flooding if storm water is re-routed during the construction, etc. Although these impacts would be short-term, there could be significant impacts to motorists and pedestrians. The potential impacts would depend upon the duration and scale of a project, the amount of traffic on the street adjacent to the project during construction, etc. The potential environmental impacts associated with construction of gutters and storm drain facilities would be evaluated by the City as part of their standard project review procedures. Once the projects have been designed and are formally submitted to the City for approval, each project would be subject to environmental review by City staff as is standard procedure for all City public improvement projects. Should it be determined during City staff review of a project that there could be potential impacts associated with the project that have not been adequately addressed in existing environmental documents, including this Program EIR, additional environmental analysis would be prepared in compliance with CEQA. The City would require mitigation measures to be incorporated into all gutter and storm drain improvement projects that could have potential significant environmental effects. The potential environmental effects associated with any future projects would be independent of Agency funding. The environmental effects associated with a specific project would occur regardless of the funding source available to construct the improvement. The construction of facilities either adjacent to or in the immediate vicinity of sensitive land uses such as schools, hospitals, etc. could result in secondary construction impacts. These secondary impacts could include, but are not limited to, increased noise, reduced air quality, and safety. In the case of drain improvements adjacent to schools, the construction of storm school could impact the safety of students walking to and from a school during the construction period. Students playing on school playgrounds adjacent to the project construction area could be temporarily impacted by dust and construction equipment exhaust emissions. Students could also be impacted by construction noise during both school instruction and recess periods. If classrooms are located close to the construction area and school is in session, there could be times that noise associated with the teachers by construction activity could impact both students and interfering with verbal communication. AOL 55 The potential impacts discussed above could be associated with other types of land uses such as residential and commercial, as well as sensitive land uses such as hospitals, schools, etc. Once more detailed project specific information becomes available the City of La Quinta Public Works Agency could identify potential hydrology and drainage impacts, including construction, that may be associated with a project. Once potential impacts are identified, the Public Works Agency would implement all feasible measures to reduce or eliminate the identified potential impacts. The construction of gutters and storm drains is anticipated to encourage additional development within the Project Area. The development of additional property within the Project Area would further increase the amount of runoff that storm drain facilities would have to contain. Since additional development would increase area runoff, improvements and upgrades to existing storm drain facilities may have to be constructed in conjunction with new development. A hydrology study, as applicable, would have to be prepared for each specific project at the time of project submittal to the City for approval in order to determine the ability of the existing flood control system to adequately accommodate the increased runoff generated due to development. Should the hydrology study conclude that improvements would have to be constructed to existing facilities to adequately handle the additional runoff the City could require that those improvements be completed in conjunction with project construction and prior to project occupancy. The new stormwater regulations published by EPA on November 6, 1990 in the Federal Register (40 CFR Parts 122, 123 and 124) requires a National Pollution Discharge Elimination System (NPDES) permit for stormwater runoff from construction sites of five acres or more. The NPDES permit becomes effective for construction activities after October 1, 1992. For all applicable projects either a National Pollutant Discharge Elimination System (NPDES) permit for discharge of wastes to surface waters or a Waste Discharge Requirements (WDR) permit for any discharge of wastes to land would be required from the State Water Resources Control Board through the Regional Water Quality Control Board (RWQCB) - Riverside. These discharges of waste can be those associated with, but not limited to, dewatering during construction, dredging activities or stormwater runoff from industrial areas, construction sites and/or facilities that use hazardous materials. The use of reclaimed water would also require that a Report of Waste Discharge be filed with the Regional Water Quality Control Board. The La Quinta General Plan Infrastructure and Public Services Element contains goals, objectives and policies that when implemented will provide the City with the necessary storm drain improvements and facilities to adequately protect people and property within the Project Area as well as other residents and property within the City. The Infrastructure and Public Services 56 Element identifies storm drain facilities and improvements that when completed will adequately protect the City from flooding. The types of improvements include detention basins, storm channels, flood control dikes and storm drains. Many of these proposed facilities are located within the Project Area. The use of tax increment revenue from the Project Area by the Agency to assist the City in constructing needed gutters and storm drain facilities would be consistent with the City's General Plan and help the City meet stated General Plan goals, objectives and policies of safely containing flood waters and reducing the threat and hazards associated with flooding in the City and the Project Area. The City utilizes its Flood Hazard Regulations contained in the La Quinta Municipal Code to regulate development in flood hazard areas. The Code regulates the types of uses, determines flood protection requirements and regulates floodplain alternatives and barriers, rehabilitation or redevelopment that may take place within federal, state or county designated flood hazard areas. The intent of the federal and City regulations is to protect the public health, safety and welfare and to minimize public and private losses caused by flooding. Based on the threshold criteria for determining potential significant impacts with the proposed project the proposed Amendment is not anticipated to result in significant environmental impacts with regards to hydrology/drainage. The construction of storm drain improvement projects listed in the Plan would result in positive impacts. The construction of needed storm drain facilities and improvements consistent with the City's General Plan would further protect City residents and property from the threat of flooding resulting in positive impacts. There could be short- term construction impacts associated with the construction of the storm drain improvements, but appropriate mitigation measures can be incorporated by the City into the construction of the storm drain improvements to reduce impacts to acceptable levels. Therefore, adoption and implementation of the proposed Amendment is not anticipated to have significant hydrology/drainage impacts to City residents and property. 4.2.3 Mitigation Measures Although there have not been significant impacts identified with the proposed Amendment, the following measures are recommended to mitigate potential project specific impacts that may be identified in the future once more specific project information becomes available. 1. All private development projects, as applicable, shall submit a hydrology report to the City and the Coachella Valley Water District, as applicable, for review in conjunction with the submittal of a project application. The hydrology study shall state whether or not the 57 n U Ic existing flood control facilities serving the project can adequately accommodate the runoff from the project or if improvements would be required. If improvements are required the hydrology report shall identify those improvements. The hydrology report shall be approved by both the City Engineer and the Coachella Valley Water District prior to issuance of grading permits. 2. All projects, as applicable, shall acquire all necessary permits and approvals from the Regional Water Quality Control Board and incorporate all applicable Best Management Practices into the project to reduce runoff sedimentation. 3. All construction projects involving clearing, grading and excavation of land totalling five acres or more shall obtain all necessary clearances, permits, etc. from the State Water Resources Control Board for National Pollution Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity. 4. In areas where permanent storm drain facilities are not available the Agency shall, in association with Agency sponsored projects, provide the necessary infrastructure in accordance with the requirements of the CVWD and the City of La Quinta for adequate storm water protection. 5. All Agency sponsored or assisted projects shall be protected from 100-year storms in accordance with City Flood Hazard Regulations. 4.2.4 Unavoidable Adverse Impacts With adoption and implementation measures adverse hydrology/drainag a level of insignificance. 58 of the recommended mitigation e impacts would be mitigated to 4.3 Population and Housing 4.3.1 Environmental Setting This section will evaluate the potential impacts of the Plan Amendment on population and housing in the City and the region. The threshold criteria for determining the potential impact of the project on population and housing will be whether or not the project would impact population or housing projections for the City and the region based on projections prepared for the region by the Coachella Valley Association of Governments as stated in Appendix G of the CEQA Guidelines, "(k) Induce substantial growth or concentration of population: and: (m) Displace a large number of people". The Project Area is located in the six county Southern California Association of Governments (SCAG) region. SCAG is the designated area -wide planning agency for the Southern California region and is responsible for the preparation and adoption of a Growth Management Plan (GMP) for resolving growth management issues expected to occur in the SCAG region over the next 20 years. SCAG adopted a Growth Management Plan in 1989. The GMP presents the region's forecasts and policies for dealing with anticipated growth between 1989 and 2010. The GMP forecasts the amount of population, housing and employment growth expected in Southern California to the year 2010. The Growth Management Plan has the following objectives: ■ To present a vision of the region's future, in terms of its people, its housing, its economy, and its governmental structure. ■ To provide a framework within which SCAG can develop plans that provide mobility, protect the environment, ensure safe disposal of hazardous waste, and assure adequate housing for the region. ■ To set goals for preserving the environment, preserving our quality of life and assuring individual life style choices. ■ To define possible events that could disrupt that vision. e To develop measures for preventing or responding to such events. The Growth Management Plan projects that in the year 2010 the population of the SCAG region, which includes the City of La Quinta and the Project Area, will be 18.3 million people which is a growth of more than 4.5 million people over the 1988 SCAG figure. In order to provide adequate housing for this increased population, 2.2 million additional dwelling units need to be constructed in the region by 2010. The number of jobs will also increase from 6.0 59 million in 1984 to an estimated 9.0 million in 2010, an increase of 3.0 million jobs. There will continue to be a regional shift from a manufacturing based economy to one based on services. If the trend continues unchecked, 53 percent of the new population will locate in the urbanizing subregions (e.g. Riverside, San Bernardino counties) while 57 percent of the new jobs will locate in the highly urbanized areas (parts of Los Angeles.and Orange counties). This large growth could have significant impacts on the region. Based on the Growth Management Forecast for the year 2010, it is estimated the Riverside County population will be 1,815,800 people, there will be 816,200 housing units, 626,500 jobs and a jobs/housing ratio of 0.75. The jobs/housing ratio represents the number of jobs created for every housing unit. In this case, a ratio of 0.75 means there are 0.75 jobs for every residential dwelling unit. A sub -region is balanced if its ratio of jobs to housing matches the region's 1.22 in 2010. Job -rich sub -regions have ratios greater than the regional average; housing -rich sub- regions have ratios lower than the regional average. Since Riverside County's ratio of 0.75 is less than the 1.22 for the region, Riverside County is a housing -rich area. SCAG prepared an environmental assessment of the potential impacts of the Baseline growth. The Baseline Projections were used to provide an initial indication of the region's growth through 2010 without new growth management policies. The SCAG assessment revealed: ■ The expected growth, and the separation of jobs and housing, could result in traffic congestion five times worse than today's. ■ The existing transportation system plus the projects currently funded will be inadequate for the projected population. ■ Shortfalls in wastewater treatment capacity, solid waste landfill capacity, and hazardous waste disposal will be critical. ■ Although emissions of most pollutants will decline from the 1984 levels, ozone, particulate, and carbon monoxide pollution will still exceed federal standards for clean air. ■ The need for more lower and moderate income housing in the region will become critical. ■ Adequate education for all will require new resources. ■ The provision of accessible, affordable, and effective health care and long-term nursing care will be a major challenge. ■ The change in ethnicity will have major implications for Ak political representation of minority groups. XF 60 The percentage of open space in the region, especially in highly urbanized areas, will be diminished. The analysis of the Baseline Project raised a number of growth and policy issues and challenges for the region. Discussion of these issues and challenges led directly to the development of policies which could guide growth in Southern California and mitigate its impacts. In developing the policies, several growth management alternatives were prepared which reflect the potential growth impacts of different policy choices. After reviewing the alternatives, the SCAG Committee established the policies that would be used in developing the Growth Management Plan. The first major decision was that the Growth Management Plan should be based upon the amount of growth which was likely to occur. No policies were established to control the regional totals because there were no viable ways to limit the growth. However, the Committee decided that the region needed to influence the distribution of growth to minimize adverse impacts. As a result, the SCAG Executive Committee adopted the following general policies to guide the distribution of growth within the region and mitigate its impacts. ® Support the policies of the Regional Mobility Plan, the Air Quality Management Plan, the Hazardous Waste Management Plan, and the Regional Housing Needs Assessment Plan. ® Achieve better job/housing balance at the sub -regional level. ® Support the policy recommendations of the Environmental Impact Report. As secondary benefits, job/housing balance reduces the cost of congestion by increasing worker productivity; reduces disparities in tax burdens between cities and between counties; and fosters more cohesive communities. To avoid new problems while achieving job/housing balance, the following must be considered: balancing, by sub -region, the type of jobs and price of housing; providing adequate investment in aging or depressed areas that are also job -rich; avoiding a net job loss in the region; and promoting regional fair -share in providing housing. City of La Quinta Housing Element Currently State law requires local governments --through their Housing Elements --to identify the housing needs of all economic segments of the community; to set forth goals, objectives and programs designed to meet those needs; to evaluate housing needs at least once every five years; and to identify constraints to meeting the needs identified. 61 J 11 is The City of La Quinta has a current adopted Housing Element. The City updated their element in 1989 to reflect current and projected housing needs over the next five years. The Housing Element: serves as a policy document for the City Council, Executive Management and City staff in the implementation of the General Plan, Zoning Code and the housing programs that are sponsored or administered by the City. The City's goal for housing is to either conserve, rehabilitate, construct or provide rental assistance for 2,793 units. The types of programs the City can implement to provide the 2,793 residential units include maintaining existing housing stock by rehabilitating existing homes through home improvement grants and loans; assisting in the construction of new homes through density bonuses, federal and state programs and special mobile home projects; providing rental assistance through the Section 8 Housing Program and utilizing housing funds to address the needs of the homeless and assist in ensuring fair housing opportunities within the City. Growth Management Plan Implementation The Growth Management Plan (GMP)3 establishes regional guidelines for local governments to manage growth. The GMP provides examples of the types of actions local governments can take to implement the job/housing balance performance goals and other policies of the GMP. One indicator of progress towards achieving the performance goals is the ratio of added jobs to added dwelling units in an area. Other indicators include improvements in land use patterns and improvements of the transportation system and air quality as measured through transportation modeling. The GMP centers on implementation by local governments. A variety of actions are outlined to assist local implementation including: ■ The participation of local jurisdictions, existing state and regional agencies, and various private -sector interest groups. ■ The formation of sub -regional entities (similar in concept to the existing transportation policy area study steering committees). ■ The design of an outreach program. ■ The development of sub -regional and local jurisdiction job/housing balance performance goals in five-year increments. ■ The development of model local implementation measures. 3Growth Management Plan, Southern California Association of Governments, February, 1989. 62 ■ The development of a monitoring process to gauge progress in meeting sub -regional job/housing performance goals. ■ The development of guidelines for assessing consistency with performance goals. The implementation process calls for developing local and regional actions to promote growth management over the next five years. The GMP also establishes a process for evaluating performance goals, and adjusting the implementation actions, if needed. The major steps in the implementation process are: ■ Implementation of the job/housing balance policy to attain sub -regional performance goals by: 0 Local Jurisdictions: through development of General Plans that incorporate regional job/housing balance policy and through adoption of measures and ordinances, and through issuance of development permits according to suggested guidelines. 0 SCAG: through the Intergovernmental Review Program (A- 95) and the Regional Transportation Improvement Program (RTIP). o County Transportation Commissions: through programming transportation funds. SCAG also published in 1988 a Revised Regional Housing Needs Assessment (RHNA). The RHNA is a tool which local jurisdictions use to determine their housing needs. Accordingly, it ensures that there is enough housing to accommodate the people expected to be in the region. The RHNA, using the Growth Management Plan as a basis, determines the housing need that local jurisdictions will plan for in the Housing Elements of their General Plans. Current housing need and future housing need to July 1, 1994 are included in the RHNA. The existing need in the 1988 RHNA is defined as the number. of lower income households paying more than 30 percent of their income for housing. The future need is the number of units that would have to be added in each jurisdiction to accommodate the forecasted growth in the number of households by July 1, 1994 as well as the number of units that would have to be added to compensate for anticipated demolitions and changes to achieve an "ideal" vacancy rate. Households that earn 80 percent or less of the median income for an area are termed "lower income". Of the lower income category, households that earn less than 50 percent of the median constitute very low income and 50 percent to 80 percent of the median is classified as low income. The households with these two categories 63 11 that pay more than 30 percent of their income toward a shelter payment are the households that have an existing need for affordable shelter. The existing and future housing needs for the City of La Quinta are presented in Table 5 below. Table 5 City of La Quinta Existing and Future Housing Needs - Lower Income Households Lower Income Households Overpaying for Shelter Existing Total: 587 Very Low: 224 Low: 361 Future Total: 406 Very Low: 206 Low: 200 The information in this table identifying the existing need is based on the 1980 census information. The proportion of households in the very low and low income categories is assumed to have not changed since 1980. What has changed is the number of households in each category. For instance, while the proportion of very low and low income households in each jurisdiction is assumed to be the same in 1988 as in 1980, the number of households in the category was scaled up based on the amount of household growth that occurred in this time periods. The City of La Quinta has not adopted a Growth Management Plan at this time. The City is currently working with the Coachella Valley Association of Governments to adopt a Growth Management Plan. Employment SCAG also provides employment numbers for the region and sub- regions. In 1984 Riverside County had 247,000 jobs which was approximately 4 percent of the 5,923,000 jobs that existed in the region. By the year 2010 the number of jobs in Riverside County is estimated to increase by 230,000 jobs to a total in 2010 of 477,000 Revised Regional Housing Needs Assessment, Southern California Association of Governments, Table 3, p. III-7 and Table 9, p. IV-6, December, 1988. 5Revised Regional Housing Needs Assessment, December, 1988, p. III-2. jobs in 2010. This is a 93 percent increase and a regional share of 5 percent6. The jobs and housing in an area are balanced when enough employment opportunities exist for most of the people who live there and enough housing opportunities exist for most of the people who work there. The SCAG region as a whole is, by definition, balanced. It follows that a sub -region is balanced if its ratio of jobs to housing matches the region's at 1.27 in 1984 and 1.22 in 2010. The job/housing ratio for the Riverside desert area, which includes the Project Area, in 1984 was 0.71 and the 2010 ratio is estimated to be 0.75. Job -rich sub -regions have ratios greater than the regional average while housing -rich sub -regions have ratios lower than the regional average. Riverside County is and will continue to be a housing -rich sub -region. Most of the new jobs created between now and 2010 will locate in the highly urbanized areas of Los Angeles and Orange Counties while most of the new housing constructed will be built in the urbanizing regions of Riverside, San Bernardino and southeast Orange Counties. This growing imbalance between the location of jobs and housing will worsen the problems of mobility and air quality, the distribution of tax revenues, the character of communities, the productivity and well being of workers and the region's general quality of life. 4.3.2 Potential Impacts The threshold criteria for determining whether or not the proposed Amendment could have a significant impact on population and housing is determined by the definition of Significant Effects for population and housing as stated in Appendix G of the CEQA Guidelines. As stated in Appendix G, "A project will normally have a significant effect on the environment if it will: (K) Induce substantial growth or concentration of population; (M) Displace a large number of people. The significance of potential population and housing impacts for the proposed Amendment will be evaluated by the cited CEQA Guidelines criteria. City of La Quinta Housing Element Adoption and implementation of the proposed Amendment would indirectly assist the City in reaching some of the City's Housing Element goals of rehabilitating, maintaining and constructing housing for low and moderate income residents. Under the Community Redevelopment Law the Agency is required to set aside at least 20 percent of all tax increment revenue "set -aside funds" received 6Regional Growth Management Plan, February, 1989, P. II-9. Regional Growth Management Plan, February, 1989, p. III-1. 65 from the Project Area to increase, preserve and improve affordable housing for low and moderate income people in the City. The proposed Amendment would extend the life of the Redevelopment Plan which would correspondingly increase the amount of revenue set aside for use for low and moderate income housing as the Agency will receive tax increment for a longer period of time. An increase in the amount of revenue that could be used by the Agency and the City for providing low and moderate income housing would have positive impacts on low and moderate income housing in the City. Extending the life of the Redevelopment Plan, including the Agency's ability to collect tax increment revenue, would allow the Agency an opportunity to utilize set -aside funds to provide low and moderate housing assisting the City in meeting some of the goals of the Housing Element. Since the Housing Element has indicated a need for 1,262 additional very low and low and moderate income units in the City by 1994, the additional revenue would allow the Agency to assist the City of La Quinta in providing some of those additional units. The use of Agency set -aside tax increment revenue to provide low and moderate income housing in the City would have a positive impact on housing. Growth Management Plan Although the City has not adopted a Growth Management Plan the proposed Amendment would not impact or change the population or Met housing numbers for the City of La Quinta as projected by SCAG's Growth Management Plan. The Plan does not include projects that would result in a significant increase in population or housing within the Project Area inconsistent with SCAG's Growth Management Plan. The future development that could occur indirectly within the Project Area with adoption of the proposed Amendment could result in an increase in population and housing in the Project Area and the City. The increase may or may not be different than the population and housing numbers for the City which are 14,840, and 7,8808, respectively. The adoption and implementation of the proposed Amendment would not change the existing population and housing projections for the City, but the time period that these numbers are reached could be reduced due to increased development activity as a result of adoption of the proposed Amendment. Implementation of the amended Redevelopment Plan and construction of public improvements could encourage private development in the Project Area to occur faster, therefore, reaching projections sooner than would occur without the proposed Amendment. Future 8Riverside County Population and Housing Estimates, January 1, 1992, California Department of Finance. 66 development in the Project Area would be in compliance with the City's General Plan. Current Housing Needs Increased development that may be created in the Project Area that creates new jobs could increase the demand for housing in the City by people moving to the City to work within the Project Area. If the Plan Amendment increases jobs resulting in additional people moving into the City, the people would require housing. The housing need would include all types of housing from rental units to the purchase of single-family detached units. Some of these new residents could be part of the Special Housing Needs groups that have special requirements in connection with housing. Depending upon the type and number of new jobs there could be a significant increase in the number of additional people moving or relocating into the City. There may not be an adequate supply of housing available for housing the additional people. The potential development that could occur due to adoption of the proposed Amendment could indirectly increase the number of people requiring housing in the City including people in the Special Housing Needs category. Some of the people in the Special Housing Needs category may also be in the low and moderate income category. The use of Agency set - aside revenue for low and moderate income housing could benefit some people in the Special Housing Needs category since there is a potential overlap with the Special Housing Needs categories and the low and moderate income category. The Agency's set -aside revenues could assist the City in meeting several Housing Element goals, including providing additional low and moderate income housing and meeting some housing needs of the people in the Special Housing Needs categories. If Agency revenues are used to meet some of the housing needs of residents in the Special Housing Needs Category, the proposed Amendment will have positive impacts. 4.3.3 Mitigation Measures In order for the Agency to assist the City in maintaining and providing additional low and moderate income housing to meet SCAG's regional housing needs, the following measures are recommended: 1. The City of La Quinta shall be responsible for monitoring development project impacts and implementing a mitigation monitoring program as required to achieve a more balanced jobs/housing ratio. 2. All future development projects shall be evaluated for potential job/housing balance impacts a development may have on the City of La Quinta and the region. 67 3. The Agency shall use its set -aside tax increment revenue as required by the Community Redevelopment Law to assist low and moderate income families in securing affordable housing in the City. 4.3.4 Unavoidable Adverse Impacts With implementation of the recommended mitigation measures adverse population and housing impacts would be mitigated to a level of insignificance. MM 4.4 Transportation and Circulation 4.4.1 Environmental Setting a The information contained in this section is taken from the City of La Quinta General Plan, La Quinta General Plan EIR and the La Quinta General Plan Master Environmental Assessment as referenced below. The threshold criteria for determining significant impact is whether or not adoption and implementation of the proposed Amendment would result in the generation of additional traffic that would result in Level of Service D or worse on City roadways, which is the minimum acceptable level of service in the City as stated in Appendix G of the CEQA Guidelines, 11(1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system". This Program EIR also incorporates by reference the potential traffic and circulation impacts and mitigation measures included in the 1992 La Quinta General Plan Final EIR. Since development within the Project Area would occur consistent with the General Plan, the potential impacts and mitigation measures associated with that development as identified in the General Plan EIR would also be the same and apply to the Project. The City of La Quinta adopted a Statement of Overriding Considerations relative to traffic and circulation because some potential traffic and circulation impacts associated with development of the 1992 General Plan cannot be fully mitigated to insignificant levels. Therefore, incorporation by reference of the 1992 General Plan EIR must also include reference of the Statement of Overriding Considerations for traffic and circulation. The City of La Quinta is provided regional transportation by State Highway ill and Interstate 10. State Highway Ill is a four -lane east -west highway that provides primary regional access to the City of La Quinta from areas throughout the Coachella Valley. Interstate 10 is located approximately two miles north of the City and access to La Quinta from Interstate 10 is via Washington Street through the City of Palm Desert. Interstate 10 provides regional access to the City from Riverside County and southern California. The key roadways in the City that also serve the Project Area include: State Route (Highway) ill: This four -lane, east -west state highway provides the primary regional access to La Quinta and is a major intra-regional and inter -regional route for the Coachella Valley. Highway 111 serves mixed -commercial land uses in the rapidly developing corridor between Washington and Jefferson Streets. Highway ill also carries a high volume of pass -through trips between other Coachella Valley communities located east and west of La Quinta. 69 ■ Washington Street: This two- to four -lane, north -south major arterial roadway connects the Cove and Village areas of the City with Highway 111; the residential areas north of the Coachella Valley Stormwater Channel; and Interstate 10 (I-10). The signalized intersection of Washington Street and Highway Ill provides the primary regional access to La Quinta and experiences the highest traffic volumes of any location in the City. ■ Jefferson Street: This north -south major arterial roadway which varies from two to four lanes parallels Washington Street and connects resort residential land uses (principally PGA West) with Highway 111; and I-10 north of the City. Together with Washington Street this roadway provides for the majority of the north -south travel through the community. ■ Fred Waring Drive: This four -lane, east -west roadway serves the residential uses north of the Coachella Valley Stormwater Channel. Many of the trips served by this facility are pass - through trips between communities located to the east and west of La Quinta. ■ Eisenhower Drive: This two-lane, north -south primary arterial connects the Cove and Village areas to Washington Street. This roadway provides access to the La Quinta Hotel and represents an alternative to Washington Street for movement between the Cove and Village areas and Highway 111. There are eleven signalized intersections in the City , mostly along Miles Avenue, Avenue 50 and Eisenhower Drive. The remainder of the intersections in the City are either controlled by Stop or Yield signs or are not controlled at the present time. There are currently three all-weather roadway crossings of major flood control facilities located in the City. The crossings include a bridge at Eisenhower Drive at the La Quinta Evacuation Channel, a bridge at Washington Street at the Coachella Valley Stormwater Channel and a bridge at Washington Street at the La Quinta Evacuation Channel. Existing traffic volumes in the City indicate that there are seasonal variations in traffic volumes on City roadways. The late winter and early spring months are the peak tourist season with the corresponding highest traffic volumes. The highest traffic volumes are on Washington and Jefferson Streets between Avenue 50 and Highway 111. High traffic volumes are also found on Fred Waring Drive. An assessment of the ability of the existing City transportation system to adequately handle the traffic needs in the City was conducted in conjunction with the preparation of the EIR for the General Plan update. The ability of the existing transportation 70 system to adequately accommodate traffic volumes was based on the ratio of traffic volumes to roadway capacity. A Level of Service (LOS) analysis was used in the General Plan EIR to evaluate the transportation system. LOS is a qualitative. measure of traffic flow and driver satisfaction with values ranging from A (free flow) to F (over saturation). Table 6 shows the various levels of service and their associated traffic flow characteristics. Table 6 Level of Service and Traffic Flow Level of service Traffic Flow Characteristics A Extremely favorable progression with very little delay. Most vehicles do not stop at all. B Good progression and stable flow with an occasional approach phase fully utilized. C Satisfactory operation with fair progression and longer cycle lengths. Individual cycle failures may begin to appear. D Tolerable delay where congestion becomes noticeable and many vehicles stop. E Unstable flow with poor progression and frequent cycle failures. This is considered the limit of acceptable delay. F Over saturation with arrival flow rates exceeding the capacity of the intersection. Considered unacceptable to most drivers. Source: Highway Capacity Manual, Special Report 209, 1985. The following relationship between LOS values and intersection capacity was utilized to describe intersection operations: s LOS A, B, and C = Under Capacity ® LOS D and E = Near Capacity ® LOS F = Over Capacity 71 C Most of the intersections in the City operate under their capacity and do not experience significant peak hour congestion or vehicle delays. Only two intersections operate either at or over- their capacity. The intersection of Highway ill at Washington Street operates over capacity during the PM peak hour and the intersection of Highway 111 at Jefferson Street operates near capacity in the PM peak hour. Both of these intersections are located on the perimeter of the Project Area. Roadway level of service was also evaluated to determine the ability of the local roadway system to accommodate the existing as well as future transportation needs of the City. Evaluation of the ratio of average daily traffic with the corresponding capacities by functional classification indicates that all roadway segments within the City currently operate at LOS C or better. The City's existing circulation system is in the early stages of development and consists of a modified grid system of two and four lane roadways with primarily a north -south orientation.. The topographic constraints imposed by the Santa Rosa and Coral Reef Mountains to the south and west of La Quinta have resulted in a modified grid system of curvilinear roadways in the Cove and Village areas. Most roadways are two -lanes, many without curbs and gutters. Four lane roadway sections and accompanying improvements are found on major arterials, primarily where development has occurred. AM Public Transportation Public transportation in the City is provided by Sunline Transit Agency which operates three fixed route bus lines which provide service between La Quinta and other communities in the Coachella Valley. Public transportation is provided seven days a week. Bicycle Pedestrian and Equestrian Systems. The City has a variety of bicycle, pedestrian and equestrian systems. The bicycle facilities consist of shared bicycle paths striped within existing roadway right -of ways and unpaved bike paths along the Coachella Valley Association of Governments (CVAG) regional trail along Highway 111, Bear Creek and La Quinta Evacuation Channel. A portion of these trails are shared with pedestrian and equestrian traffic. Sidewalks for pedestrians are located throughout the City mostly in residential areas adjacent to existing development. The existing equestrian trails are located in the extreme southeast portion of the community. Existing Circulation System Deficiencies The City does not currently have roadways that exceed their capacities. There are, however, several intersections as identified earlier in this section that are either at or exceed 72 their peak hour capacity at either the morning or afternoon peak hour period. 0 Several traffic system deficiencies exist within the City and the Project Area. System deficiencies occur when travel throughout a roadway system is constrained by discontinuous roads, limited alternatives, congestion and other conditions which adversely affect the ease of movement between two points. Current identified system deficiencies include: ■ North -south movements across Highway ill due to intersection delays and limited arterial streets. ■ East -west movement to/from the Cove area due to topographic constraints. ■ Numerous and undefined access driveways along Jefferson Street. ■ Undefined circulation pattern to/from the Village/Cove Center area due to lack of street continuity and accessibility. ■ Lack of road shoulders and sidewalk facilities to support alternative modes such as bicycling and pedestrian movement throughout most of the system. ■ Heavy reliance on Highway Ill for east -west travel to adjacent communities in the Coachella Valley. ■ Heavy reliance on Washington Street for north -south travel. ■ Lack of adequate all-weather river crossings. Several flood control channel crossings are subject to flooding during heavy rains.9 Regional Transportation Planning Several regional transportation plans and programs are significant for circulation system planning in the City of La Quinta. These programs are prepared by various regional bodies involved with transportation planning in Southern California and the Coachella Valley, and are summarized below: ■ sCAG Coachella Valley Area Transportation study - This study assesses the overall level of projected deficiencies in the Coachella Valley and recommends a long-range plan of improvements to accommodate projected growth. Secondarily, this study is aimed at facilitating regional planning and 9La Quinta General Plan 1992 Final Environmental Impact Report, p. 4-140 and 4-143. 73 AOL assisting in the evaluation and refinement of local growth 1ppolicies, most significantly through the development of a sound travel demand model for the Valley. ■ Riverside County Congestion Management Plan (CMP) - This plan, prepared by the Riverside County Transportation Commission (the designated Congestion Management Agency for Riverside County), is a comprehensive effort to more directly link land use, transportation, and air quality in order to promote reasonable growth management programs that will more effectively utilize new transportation funds, alleviate traffic congestion and related impacts, and improve air quality. The GMP includes designation of a system of state highways and principal arterials, establishment of a County- wide transportation computer model, development of a consistent methodology for calculating roadway level of service, Model Traffic Impact Analysis (TIA) guidelines for evaluating, the traffic impacts of development, as well as requirements for local jurisdiction participation in the Coachella Valley Association of Governments Transportation Uniform Mitigation Fee (TUMF) or similar fee program and adoption of Travel Demand Management (TDM) ordinances10. La Quinta has a TDM but does not pay TUMF fees. As La Quinta continues to develop, the predominant north -south travel patterns characteristic of the present conditions will continue. The constraints to development imposed by the mountains will result in the primary travel corridors of Washington and Jefferson Streets continuing to serve some of the heaviest traffic volumes in the City by providing the primary connection between Highway 111 and the Cove, Village and PGA West areas. As the growth of commercial development proceeds along the Highway 111 corridor and as the highway continues to serve regional travel traffic volumes will also increase dramatically. In order to serve the forecasted traffic volumes at buildout, the roadway network will require considerable improvement." Existing roadways will have to be widened to satisfy future travel demands. The design of improvements must incorporate provisions for needed transportation function, aesthetics and environmental compatibility, including noise mitigation for existing residential land. uses. Highway 111, Washington Street, Jefferson Street and Avenue 52 between Washington and Jefferson will continue to constitute the core of the circulation system. These roadways will provide the essential function of circulating traffic throughout the residential and commercial areas to the north; along Highway IOLa Quinta General Plan 1992 Final Environmental Impact Report, p. 4-140 and 4-143. "City of La Quinta General Plan, 1992, p 3-6. 74 111; and to the Cove, Village and PGA West developments to the south. Based on the forecasted traffic volumes and function, these major arterial roadways will require widening to six lanes with a center median and all major intersections should be signalized with protected left turns. Key primary arterials in the Circulation Plan include Eisenhower Drive, Avenue 48, Avenue 50, Avenue 52, Madison and Monroe Streets. These roadways will provide access from developed areas to the major arterial roadways and will require four traffic lanes with a center median. Due to the lack of funding for new road 'construction and the high forecasted traffic volumes, travel demand will potentially exceed roadway capacity on several key roadway segments, including Highway 111, Washington Street and portions of Jefferson Street without implementation of additional strategies designed to increase roadway capacity and better manage travel demands. These facilities will likely experience congestion during peak travel periods. In order to minimize congestion and delays at these locations and to maintain air quality standards, it will also be important to increase utilization of alternative modes of transportation. A balanced circulation system will be important to better respond to the need for a diversity of travel opportunities as the City matures. Transit facilities such as bus shelters and turnouts will be upgraded and expanded. Transit service frequency will be increased commensurate with demand in order to increase the viability of transit and improve traffic and air quality conditions. Bicycle and pedestrian facilities will provide additional transportation opportunities to help relieve traffic congestion by making bicycle and walking trips between major activity centers safer, faster and more convenient. 4.4.2 Potential impacts The threshold criteria for determining whether or not the proposed Amendment could have a significant impact on traffic and circulation is determined by the definition of Significant Effects for traffic and circulation as stated in Appendix G of the CEQA Guidelines. As stated in Appendix G, "A project will normally have a significant effect on the environment if it will: (L) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. The significance of potential traffic and circulation impacts for the proposed Amendment will be evaluated by the cited CEQA Guidelines criteria. The proposed Amendment includes the construction of public improvement projects that would, upon their construction, result in improved traffic and circulation in the City and the Project Area. 75 0 The types of traffic improvement projects listed in the proposed Amendment include street improvements and street widening, traffic signal installation, street re -surfacing, etc. The public improvement projects listed in the proposed Amendment are not traffic -generating type projects. There would be some generation of traffic during the construction of the projects due to construction employees commuting to the job site and materials being delivered to the job site, but there would not be a direct generation of new traffic by the public improvement projects listed in the proposed Amendment upon their construction. Once a public improvement project is submitted to the City for approval, an environmental review and evaluation of the project would be conducted in compliance with CEQA. Should the City determine during its review of the proposed project that there could be potential significant construction related or post - construction related traffic impacts, mitigation measures would be incorporated into the project to reduce the impacts to insignificant levels. The types of potential short-term construction related traffic impacts that could be associated with the construction of public improvement projects include traffic congestion at the construction site in the morning and afternoon period when construction employees arrive and leave the site, congestion and traffic delays on the surface streets adjacent to the site during the time that materials are delivered to the site, traffic congestion and delays if the adjacent roadway needs to be modified to reduce travel lanes for construction within an existing roadway, increase in traffic volumes on area roadways, including residential streets, should traffic have to be re-routed to avoid the construction area, etc. The above potential short-term traffic impacts could be significant depending upon the scope of the public improvement project and its duration. The construction of some of the public projects listed in the proposed Amendment, such as storm drain, traffic and utility improvements could encourage and be the impetus for additional private development to occur within the Project Area. The construction of additional residential and commercial uses within the Project Area would generate additional traffic on the City transportation system which could result in significant traffic impacts depending upon the ability of the existing system to adequately accommodate the increased traffic. 76 The General Plan EIR12 states "For the most part, improvement of the City's roadway network in a manner consistent with the Circulation System Policy Diagram will ensure acceptable roadway levels of service into the future. Due to the lack of opportunities for new roadway construction and the high forecasted traffic volumes, there are, however, a number of locations where the potential for excessive levels of congestion are high. In addition, given the dramatic increase in projected traffic volumes associated with the buildout condition, it is likely that additional intersections will experience near and over capacity operations resulting in increased congestion, delay, and travel times. Future intersection design will need to consider the hourly variation in traffic volumes; the unique turning movements associated with each location; and site specific operational requirements." The proposed Amendment, if adopted and implemented, could have positive impacts on the City's transportation and circulation system if the Agency is able to assist the City in constructing needed traffic improvements. As stated in the General Plan EIR the projected increase in traffic levels due to increased development in the City will result in additional intersections experiencing near or over capacity traffic volumes resulting in increased congestion, delay and travel times. If the Agency has tax increment revenue from the Project Area available to assist the City in completing either some or all of the traffic improvement projects listed in the proposed Amendment it would have positive traffic impacts. If the City identifies traffic improvements that are needed to improve circulation and levels of service but does not have the revenue available to construct the improvements, the Agency may be able to provide the necessary funding. In this case the funding of the improvement project with Agency assistance would have a positive impact by improving traffic circulation in the City. The proposed Amendment does not propose to change any existing General Plan land use designations of property located within the City, including the Project Area. All future private development that would occur within the Project Area due to adoption and implementation of the Plan Amendment would be in accordance and in compliance with the General Plan. Therefore, the potential traffic impacts evaluated in the General Plan EIR are applicable to the potential traffic impacts that could occur in conformance with the General Plan that may occur within the Project Area in association with development as a result of implementation of the proposed Amendment. Although implementation of the proposed Amendment could 12City of La Quinta General Plan Final Environmental Impact Report, page 4-148, 1992. 77 encourage additional private development within the Project Area, the development would be consistent with the General Plan and would not result in traffic impacts greater than the potential traffic impacts identified in the General Plan EIR due to full buildout of the City, including the Project Area. The potential traffic impacts associated with each private development project that may be developed within the Project Area would have to be evaluated at the time the project application is submitted to the City for approval. If the City determines that a project could have a significant traffic impact on the area transportation system, a traffic report would have to be prepared. Depending upon the project, its location and the amount of traffic generated by the project, the traffic report may have to be consistent with the requirements for traffic reports per the Riverside County Congestion Management Plan. The traffic report would provide traffic mitigation measures to reduce potential traffic impacts to insignificant levels if significant impacts are identified. Mitigation measures would be incorporated :into the project as either project design changes or conditions of approval. All future development would have to be consistent with the Circulation Element of the City's General Plan. If master plan highway or circulation improvements as shown on the City's Circulation System Policy Diagram are within or adjacent to a project, the master plan improvement would have to be constructed in conjunction with the development of a specific project. The adoption and implementation of the proposed Amendment would not change or alter the street or roadway improvements that would have to be constructed by private development within the Project. Area in accordance with the Circulation Element of the City's General Plan. All projects would also be required to incorporate all applicable transportation reduction measures per the Transportation Demand Management (TDM) ordinance and pay all applicable transportation fees. Overall, the traffic and circulation improvements proposed to be constructed by the Agency with the proposed Amendment are not anticipated to result in any significant environmental or traffic impacts. The Final EIR prepared for the Redevelopment Plan when it was initially adopted for Project Area No. 1 did not identify any significant traffic impacts associated with the construction of the traffic improvement projects evaluated in that EIR. Since this proposed Amendment includes essentially the same traffic improvements included in the existing Redevelopment Plan for Project Area No. 1, the traffic improvements listed in the Plan Amendment, once constructed, would not have significant traffic impacts. The proposed Amendment is anticipated to have positive impacts on traffic and circulation in the City because the Agency would have the opportunity to assist the City in constructing needed street 78 improvements that may not get constructed by the City acting alone. In addition, the needed traffic improvements may not be constructed for many years in the future without Agency assistance. The development of the City of La Quinta per the General Plan Land Use Policy Diagram would be consistent with all applicable regional transportation plans for the City including the Coachella Valley Area Transportation Study and the Riverside County Congestion Management Plan. Since the proposed Amendment will implement the General Plan, the proposed Amendment will also be consistent with all existing regional transportation plans. Based on the threshold criteria for traffic and circulation impacts the proposed Amendment would not cause an increase in traffic which would be substantial in relation to the capacity of the street system because the projects in the Amendment include improvements to existing roadways to improve traffic flow and circulation. 4.4.3 Mitigation Measures No significant traffic or circulation impacts have been identified with adoption and implementation of the proposed Amendment. However, the following mitigation measures are suggested that would mitigate significant impacts that may be identified in the future once more specific project information for both public and private projects becomes available. 1. All future public and private projects shall be reviewed by the City for potential short-term and long-term traffic impacts. Should the City determine that the project could have significant traffic impacts, a traffic report shall be prepared and include mitigation measures that will reduce significant traffic impacts to insignificant levels. All feasible mitigation measures listed in the traffic report shall be incorporated into the project to reduce traffic impacts. 2. All Agency sponsored projects, including both public and private, shall be consistent with the City's Circulation Element of the General Plan and incorporate all required improvements into the project as identified in the Circulation Element. 4.4.4 Unavoidable Adverse Impacts With project adoption and implementation and incorporation of the recommended mitigation measures, adverse traffic and circulation impacts would be mitigated to a level of insignificance. 79 4.5 Public Services 4.5.1 Police Protection services 4.5.1.1 Environmental setting The City of La Quinta contracts with the Riverside County Sheriff's Department for police protection services. The City, including the proposed Project Area, is served by the Sheriff's Department police station located in the City of Indio. The law enforcement contract with the City provides for 24 hour, seven day a week coverage. Details of the law enforcement coverage are provided below in Table 7. Table 7 Law Enforcement Coverage Watch I (Early Mornings) 2 Deputies Watch II (Daytime) 2 Deputies 2-person target team for specialized crime 1 Investigator Watch III (Afternoons/Nights) 13 Deputies The average response time for calls for services is approximately seven minutes. In addition, contract deputies have the ability to request specialized skills such as forensic services, career criminal apprehension teams, hazardous device removal squad, crime prevention, K-9 units and horse -mounted search and rescue teams without invoking mutual aid13. The City's General Plan identifies an objective for law enforcement services that states, "The City shall ensure that adequate law enforcement, public safety and protection services are provided within the community to all residents and businesses.,14 The General Plan also provides three policies that will, when implemented, assist the City in meeting its stated objective. The type of objectives include coordination between the City and the Sheriff's Department to provide a high level of law enforcement to 13Letter from Ronald F. Dye, Captain, Indio Station, Riverside County Sheriff's Department, dated April 19, 1993. 14City of La Quinta General Plan, 1992, p.. 7-17. 80 the City, the City achieving a high standard of police protection and the City communicating with the Sheriff's Department to develop and implement anti -crime programs. 4.5.1.2 Potential Impacts The threshold for determining significant project impact on police services is whether or not the project would significantly increase the need for additional police personnel and/or equipment and increase response time. The proposed Amendment will not, of itself, impact police protection services. As development occurs and population increases, police services will experience greater demands. Staffing levels are reviewed with the City Manager on a regular basis and adjustments are made where needed.15 Construction of the proposed street improvement projects listed in the proposed Plan Amendment should result in positive impacts to the Sheriff's Department by improving traffic circulation. The street widening, installation of street lights and intersection improvements should reduce traffic congestion and accidents, thereby reducing the amount of time law enforcement officers spend investigating accidents. Reducing the time spent investigating accidents allows officers more time in other law enforcement protection areas. Proposed street improvement construction projects could have short- term traffic impacts due to congestion and increased traffic on adjacent surface streets during the construction period. Short- term impacts to police protection services during the construction of public improvements within existing street right-of-way include increased traffic violations and traffic accidents, lengthening of response times due to officers having to take alternative routes in order to respond to service calls, etc. Therefore, future street improvement projects should be done in phases so that major roadways are not under construction at the same time, thereby minimizing impacts to police response times. Adequate public notice of street improvements should be given so residents can plan alternative traffic routes to lesson traffic congestion, reducing the need for short-term increases in police protection services during street construction. The rehabilitation, upgrade and improvements to the traffic and circulation system within the Project Area could have positive impacts on the Sheriff's Department. If the Agency is able to financially assist the City in constructing the street improvements and traffic signal installation projects listed in the proposed 15Letter from Ronald F. Dye, Captain, Indio Station, Riverside County Sheriff's Department, dated April 19, 1993. 81 Amendment, several positive impacts to the Department could result. The construction of street improvements that reduce traffic congestion would allow faster police response times. The installation of traffic signals at key intersections would improve traffic safety. These positive impacts would improve police protection services to the Project Area as well as City residents and businesses. The Agency's assistance in helping the City reach a General Plan goal of ensuring adequate law enforcement for the community would have positive impacts to the City. Implementation of the proposed Amendment could encourage development within the Project Area. Development would increase additional need for police protection by the Sheriff's Department. However, the Department has indicated that it will not be directly impacted by the proposed Amendment.t6 Based on the threshold criteria the adoption and implementation of the proposed Amendment would not directly result in a significant increase in the need or demand for police services because the projects proposed would not result directly in development that would require police protection services. 4.5.1.3 Mitigation Measures Since there have not been any significant police protection impacts identified, there are not any mitigation measures required. Ah wr 4.5.1.4 Unavoidable Adverse Impacts With adoption and implementation of the proposed Amendment, adverse police protection impacts would be mitigated to a level of insignificance. 16Letter from Ronald F. Dye, Captain, Indio Station, Riverside County Sheriff's Department, dated April 19, 1993. 82 4.5.2 Fire Protection services 4.5.2.1 Environmental setting Fire protection service is provided to the City of La Quinta, including the Project Area, by the Riverside County Fire Department. The Fire Department currently serves the City from two fire stations. One station is located on Avenue 52 west of Washington Street and the other facility is located at the intersection of Madison Street and Avenue 54. The Fire Department has indicated that a third station is needed in the northern part of the City between Washington and Jefferson Streets.17 The City's General Plan identifies an objective for fire protection services that states, "The City shall ensure that adequate fire protection facilities and emergency medical services are provided throughout the community."18 The General Plan also provides seven polices that will, when implemented, assist the City in meeting its stated objective. The policies include, in part, working with the County Fire Department and Coachella Valley Water Department to provide adequate water pressure and automatic sprinkler devices to suppress fires in the City, coordinate with the Riverside County Fire Department to evaluate the location of a third station in La Quinta near Highway 111, etc. Refer to Policies 7-2.2.1 through 7- 2.2.7 on page 7-17 of the General Plan for a complete list of the fire protection policies. 4.5.2.2 Potential Impacts The threshold for determining significant project impact on fire protection services is whether or not the project would significantly increase the need for additional fire personnel, equipment or facilities or increase response time. The Amendment of Project Area No. 1 will not have an adverse impact on the Fire Department's ability to provide an acceptable level of service.19 However, private development projects that may occur within the Project Area at some future point in time may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts would be the result of an increased number of emergency and public service calls 17La Quinta General Plan Final EIR, 1992, p. 4-108. 18City of La Quinta General Plan, 1992, p. 7-17. 19Telephone conversation with Tom Hutchinson, Fire Safety Specialist, Riverside County Fire Department, March 14, 1994. 83 Venerated by additional construction of buildings and an increase in human population.20 If the proposed Project is approved, the Agency could assist .the City in meeting the objective and policies of the City's General Plan towards providing adequate fire protection services throughout the Project Area. If the Agency can assist the City in constructing public improvement projects that would improve fire protection services beyond the current service level, there would be positive impacts on fire protection service within the Project Area. The construction of street improvement projects allowing faster emergency response time due to less congestion would have positive impacts on fire protection services. Other projects the Agency may participate in include upgrading and expanding the water distribution system and improving fire flow. Construction of these types of projects would also have positive impacts on fire protection. However, additional development, particularly along and north of Highway 111, would require additional fire protection facilities, personnel and equipment. The adoption and implementation of the proposed Amendment could encourage development within the Project Area. Development would increase additional demand for fire protection services by the Riverside County Fire Department. The Fire Department has stated that the existing facilities are currently adequate to serve the Project Area. Although increased development would require additional fire protection facilities, development would be 40 consistent and in conformance with the City's General Plan. The Final EIR prepared for the General Plan did not identify significant impacts on fire protection services upon buildout pursuant to the General Plan. Based on the threshold criteria the proposed Amendment is not anticipated at this time to have significant impacts on the Riverside County Fire Department and its ability to provide fire protection services to Project Area residents and businesses within the Project Area upon adoption and implementation of the Plan Amendment. 4.5.2.3 Mitigation Measures Since there have not been any significant fire protection impacts identified, no mitigation measures are required. 20Letter from Tom Hutchinson, Fire Safety Specialist, Riverside County Fire Department, dated April 28, 1993. 84 4.5.2.4 Unavoidable Adverse Impacts with implementation and adoption of the proposed Amendment, adverse fire protection impacts would be mitigated to a level of insignificance. 11 85 Alk 4.5.3 Schools 4.5.3.1 Environmental Setting The Project Area is served by both the Desert Sands Unified and the Coachella Valley Unified School Districts. Table 8 identifies each of the schools in the Coachella Valley Unified School District that serve the Project Area and their respective enrollments and capacities. Table S Coachella Valley Unified School District Schools Serving the Project Area School Enrollment Capacity Coachella Valley High School 1,948 1,650 La Familia Continuation High School 129 90 Westside Elementary School 895 709 The Coachella Valley Unified School District ("CVUSD") is experiencing student over -crowding and a lack of facilities to accommodate increased enrollments. The CVUSD currently collects developer fees from new development. The developer fees are used to provide additional facilities to serve the students generated by a project. The developer fees currently being collected by the District are as follows: ■ Residential Housing $2.65/square foot ■ Commercial/Industrial $0.27/square foot21 The Desert Sands Unified School District ("DSUSD") also serves the Project Area. The DSUSD has four existing school facilities that serve approximately 2,200 students. The DSUSD has identified five proposed facilities for future development. The future schools include four elementary and one high school which will increase the education capacity of La Quinta Schools from 3,049 to 6,567 students (more than 110 percent) and will provide approximately 235,200 square feet of space. 21Mr. Foch "Tut" Pensis, Assistant Superintendent, Administrative Services, Coachella Valley Unified School District, letter dated April 20, 1993. 86 4.5.3.2 Potential Impacts The threshold for determining impact significance is whether or not the proposed Amendment would generate additional students that would significantly impact school capacities and the District's ability to provide adequate education to students. The adoption and implementation of the proposed Amendment would not directly impact either the Coachella Valley Unified or Desert Sands Unified School Districts. The construction of the public improvement projects listed in the proposed Amendment would not directly generate students to area schools. The adoption of the proposed Amendment could, however, encourage additional development within the Project Area. Development of residential uses, for instance, would generate additional students to area schools. The number of students generated and the potential impact would depend upon the number of residential units developed, the type of units (single-family, apartment, condominium, senior citizen), and the ability of the respective schools to accommodate new students. Since the schools in the Coachella Valley Unified School District that serve the Project Area are over -capacity, the generation of additional students to those schools would impact the CVUSD. The number of students generated by development would have to be determined at the time projects are submitted to the City for approval. At that time specific project information such as the number and type of units to be developed would be known and an accurate estimation of the number of students could be calculated. Once the number of students estimated to be generated from a project is known the potential impact on area schools by the additional students can be determined. At this time it is speculative to try to determine the potential impact that development in the Project Area would have on District schools. The Coachella Valley Unified School District has stated that the construction of low and moderate income housing has a major impact on overcrowded schools. The Agency is not required, however, to use the 20 percent set -aside revenue for low and moderate income housing only to construct new units. The set -aside funds can be used to subsidize existing housing, convert existing housing to low and moderate units. etc. If the Agency uses tax increment revenue to construct new low and moderate income housing and generates additional students, there could be an impact on area schools. The number of new students generated by the construction of a low and moderate income development would not generate any more students to a school district than the same type of non -low and moderate income project. The actual number of students that would be generated by the construction of new low and moderate income units would have to be determined once a specific project is 87 submitted to the City for approval. At that time the number of students can be estimated and the potential impact, if any, on the affected school district can be determined. The Agency, or the project developer of low and moderate income units, would be required to pay all applicable developer fees to the respective school district in conjunction with the project. If a significant number of new students would attend schools that are overcrowded, the potential impact could be significant. If, however, schools have adequate student capacity, the impact would not be significant. At this time the proposed.Amendment is not anticipated to have a significant impact on either the Coachella Valley Unified School District or the Desert Sand Unified School District. 4.5.3.3 Mitigation Measures Although there has not been any significant school impacts identified the following mitigation measure is recommended: 1. Both Districts presently collect developer fees associated with residential and commercial development that are used to provide facilities for additional students. Thus all residential and commercial development in the Project Area would be required to pay the established developer fees to the Districts. Pursuant to Government Code Section 65995, no other mitigation measures are required or may be imposed under CEQA. 4.5.3.4 Unavoidable Adverse Impacts With implementation of the recommended mitigation measure, adverse school impacts would be mitigated to a level of insignificance. 88 4.5.4 Parks and Recreation 4.5.4.1 Environmental Setting The information contained within this section is taken from the City's Master Environmental Assessment.22 The existing incorporated area of the City contains approximately 878 acres of improved park and recreation facilities. The existing developed outdoor recreational acreage includes Lake Cahuilla County Park, Village Park and Community Center, Fritz B. Burns Park and Community Center, Avenue 50 Sports Complex, and the Cove Mini - Park. Recreation facilities within the City are operated by the Riverside County Parks Department, Coachella Valley Recreation and Park District and the City of La Quinta. Riverside County Parks Department The City of La Quinta is served by the Riverside County Parks Department, which operates and maintains Lake Cahuilla Park located at the western terminus of Avenue 58. The park is administered by the Riverside County Regional Parks and Open Space District which was created through the passage of a referendum in the fall of 1990. The 845 acre park facility, including 70 acres of developed land, a 135 acre lake, and 640 acres of undeveloped land, is located southeast of the Cove and offers a variety of activities including boating, fishing, hiking, interactive trails, picnic facilities, swimming and camping, recreational hookups for water and electrical needs, and sewage dump stations. The park may expand its boundaries to the north and east, adding approximately 500 acres, if negotiations with the Bureau of Land Reclamation (BLR) are successful. If expanded, the park would be generally preserved as open space, but would include equestrian activities and recreation trails. Coachella Valley Recreation and Park District The City of La Quinta is also served by the Coachella Valley Recreation and Park District. Formed in 1950, the District provides recreational facilities and services for the 1,980 square mile service area from Palm Desert to the Salton Sea. In La Quinta, the District maintains the Village Park and the Community Center. The Village Park and Community Center is located on a parcel of approximately six acres in downtown La Quinta and has historically functioned as the site for the La Quinta Arts Festival and Jazz Festival. Existing facilities of the park include a lighted baseball/softball diamond, 1.5 lighted basketball courts, 22La Quinta General Plan 1992 Master Environmental Assessment, September, 1992. 89 playground equipment, restrooms, a picnic area and open space. The Community Center contains approximately 3,000 square feet and offers a variety of recreational activities administered by the District. City of La Ouinta The City of La Quinta owns the Fritz Burns Park, owns and operates the Mini -Park, has provided improvements for the Avenue 50 Sports Complex and owns the 18 acre Community Park North. The Community Park North has an approved improvement plan but construction of the plan has not commenced. The Cove Mini -Park includes playground equipment, park benches and open space. Fritz B. Burns Park and Community Center is a 7.7 acre Neighborhood Park, located at the southeast corner of Avenida Bermudas and realigned Avenue 52. The facility includes eight tennis courts, and undeveloped open space. The Avenue 50 Sports Complex is an 18.2 acre Community Park, located north of Avenue 50 and east of the La Quinta Evacuation Channel. The facility includes baseball/softball fields, restroom facilities and a snack bar. The complex is owned by the Desert Sands Unified School District but is maintained by the City. The City currently contains approximately 1,582 acres of privately operated golf courses which are located adjacent to, or within close proximity of, existing residential and resort land uses. It should be noted, however, that some of the golf courses are limited to use primarily by resort guests and/or members of exclusive clubs. This somewhat limits the use of these facilities by all La Quinta citizens. The City also contains approximately 4,960 acres of hillside areas designated as open space. In 1985 the State Legislature passed the Quimby Act which allowed cities and counties to establish ordinances requiring residential subdivision developers to provide neighborhood and community park and recreation land and/or in -lieu fees as well as specifying acceptable uses and expenditures of such funds. Any in -lieu fees or land dedications must be conveyed to the appropriate public agency that provides park and recreation services on a community - wide basis. The City of La Quinta currently administers its Dedication of Land and Payment of Fees for Park and Recreation Purposes (La Quinta Municipal Code [13.24.020]) which allows the dedication of land or payment of fee -in -lieu for improved neighborhood and community parks and recreation facilities. However because Lake Cahuilla County Park is a regional park, the Quimby Act is not applicable to it. Based on the Quimby Act level of service applicable to the City of La Quinta, which is three acres of neighborhood/community parks per 1,000 residents, the City is currently deficient in neighborhood 90 and community park land by one acre. Utilizing the National Recreation and Park Association (NRPA) suggested standard of six acres of neighborhood and community park land per 1,000 residents, the City is deficient by 34.6 acres. There is no deficit in La Quinta of regional park lands based on NRPA standards. 4.5.4.2 potential Impacts The threshold criteria for determining significant impact on park and recreational facilities is whether or not the project would increase the demand on existing facilities. Adoption of the proposed Amendment and construction of public improvements listed in the proposed Amendment would not impact existing park and recreational facilities in the area, including City or Coachella Valley Park and Recreation District facilities. The construction of public improvement projects would not increase the demand for park and recreational facilities. The adoption and implementation of the proposed Amendment would result in positive impacts to City park facilities if the Agency can assist the City in constructing needed park improvement projects that are listed in the proposed Amendment. The proposed Amendment includes improvements to: Fritz Burns Park (landscaping and both passive and active recreational amenities), Bear Creek Pathway Park (includes rest stop areas, picnic areas and a tot lot), construction of a sports complex, etc. The construction of the above park and recreational facilities with Agency assistance would have positive impacts on the City and its residents. The City presently needs additional neighborhood and community parks to meet standards consistent with the National Recreation and Park Association and the Quimby Act. The construction of improvements to the parks listed in the proposed Amendment could allow the City to use revenue that would be used to improve the above parks to purchase additional parks to meet Quimby Act and NRPA standards. The proposed Amendment could encourage development within the Project Area, increasing the demand on park and recreational facilities in the area. Development of additional residential uses and, to some degree commercial uses, would increase the demand for and use of recreational facilities. The City collects a park land fee through the Quimby Act that developers of subdivisions are required to pay. If a project developer does not provide park land to the City in conjunction with a subdivision project, in -lieu park fees are collected in compliance with the Quimby Act. The park fees are used by the City to purchase additional park land. All future development within the Project Area, including Agency -sponsored projects, would be 91 required to either dedicate park land or pay park land in -lieu fees to the City. Based on the threshold criteria the adoption and implementation of the proposed Amendment is not anticipated to have significant impacts on park and recreational facilities in the City or the area. The Amendment would not generate an increased demand on existing park or recreational facilities if adopted. The proposed Amendment would have positive impacts if the Agency can provide funding to improve and construct new parks that are listed in the Amendment. 4.5.4.3 Mitigation Measures Although there have not been any significant park and recreational impacts identified at this time, the following mitigation measure is recommended: 1. All Agency sponsored projects shall pay fees in compliance with the City's Quimby Act. The fees shall be used to develop recreational projects consistent with the City General Plan and the City's Master Plan of Parks. 4.5.4.4 Unavoidable Adverse Impacts Potential park and recreational impacts would be mitigated to a level of insignificance with implementation of the recommended mitigation measure. 92 4.5.5 Wastewater 4.5.5.1 Environmental Setting Wastewater collection and treatment is provided to the Project Area by the Coachella Valley Water District ("CVWD"). The wastewater generated within the Project Area is collected and treated at the Mid -Valley Water Reclamation plant. This plant has a current treatment capacity of 4.35 million gallons per day and is operating at approximately 50 percent capacity. The treatment plant can be expanded in the future, if necessary, for additional treatment capacity. The CVWD currently uses reclaimed water for irrigating some open space areas within the District. However, reclaimed water is not used within the Project Area. The CVWD anticipates using reclaimed water within the Project Area in the future. The CVWD collects a sanitation capacity charge of $1,725 per each equivalent dwelling unit (EDU) to provide comprehensive wastewater collection and treatment. The fee is collected from both residential and commercial development within the CVWD. The CVWD has a Wastewater Treatment Master Plan for the future development of wastewater collection and treatment facilities within the CVWD. The sanitation capacity charge fees collected by the District are used to construct CVWD master plan facilities as they become needed and revenues become available. The Infrastructure and Public Services Element of the City's General Plan has a stated objective and nine policies for providing adequate wastewater collection and treatment within the City. The objective of the General Plan is to provide the City with comprehensive sewage collection and treatment. 4.5.5.2 Potential Impacts The threshold for evaluating potential significant wastewater impacts is whether or not the adoption of the Plan Amendment would significantly impact Coachella Valley Water District's ability to adequately collect and treat future wastewater generated from within the Project Area as stated in CEQA Guidelines Appendix G, "(s) Extend a sewer trunk line with capacity to serve new development". The proposed Amendment could indirectly increase the amount of wastewater generated from within the Project Area. Adoption and implementation of the proposed Amendment would encourage development within the Project Area. The construction of additional residential, commercial and public facilities would 23La Quinta General Plan, 1992, p. 7-14 and 7-15. 93 extend trunk lines and increase the amount of wastewater that would be generated and treated at the Mid -Valley Reclamation plant. The CVWD has indicated that the treatment plant has capacity to adequately accommodate and treat additional wastewater flow. Future development in the Project Area would be required to construct all applicable master plan wastewater facilities that are located adjacent to or within the boundary of the project. If development is not required to construct master plan facilities, the developer would have to pay the sanitation capacity charge applicable at the time of development. Each project developer would also be required to construct all wastewater collection facilities necessary to serve that specific development. Improvements and upgrades would be required to some of the District's existing wastewater collection facilities in order to serve future development. The District would determine the improvements, if any, that each developer would have to make in order for a project to have adequate wastewater collection facilities. The required wastewater improvements associated with a private project would be identified at the time each project is submitted to the City of La Quinta for approval. Adoption of the proposed Amendment would not change the amount of development that could occur within the Project Area by the existing General Plan. Since the District can adequately accommodate the wastewater that would be generated from the Project Area without significantly impacting CVWD's ability to collect and treat wastewater, implementation of the proposed Amendment would not significantly impact the District.24 Based on the threshold criteria the proposed Amendment would not have a significant impact on wastewater because the Amendment, if adopted, would not extend a sewer trunk line. 4.5.5.3 Mitigation Measures Since there have not been any significant wastewater impacts identified, no mitigation measures are required. 4.5.5.4 Unavoidable Adverse Impacts With adoption and implementation of the proposed Amendment, adverse wastewater impacts would be mitigated to a level. of insignificance. 24Mr. Tom Levy, Coachella Valley Water District, letter dated May 5, 1993. 94 4.5.6 Water 4.5.6.1 Environmental Setting The Coachella Valley Water District ("CVWD") provides potable water to the Project Area as well as the City of La Quinta. The source of domestic water supply is from an existing underground aquifer beneath the City of La Quinta. The CVWD currently has nine deep water wells that withdraw water from the aquifer. Two additional water wells are currently being drilled. New wells are drilled as the demand for water increases beyond the capacity of the existing wells. A portion of the Project Area is located within Coachella Valley Water District Improvement District No. 1. The area within Improvement District No. 1 is designated to use canal water (Coachella Canal) for landscape irrigation on golf courses, multi- family housing tracts, public projects and commercial development. All projects within the District, as well as Improvement District No. 1, are required to comply with District guidelines for water efficient landscaping. The District charges a water system backup facility fee of $2,100 per residential unit and an equivalent dwelling unit (EDU) fee for commercial use to fund the capital improvement program. The fees are used to either construct new water distribution facilities or upgrade the existing water distribution system in order to meet future water needs within the District. Specific areas of the City, including the Project Area, are located in a La Quinta Service Surcharge district. 4.5.6.2 Potential Impacts The threshold for evaluating potential significant water impacts is whether or not the adoption of the proposed Amendment will significantly impact CVWD's ability to adequately provide water to future uses within the Project Area and if the proposed Amendment will result in the consumption of water in greater quantities than planned as stated in CEQA Guidelines Appendix G, "(f) Substantially degrade water quality; (g) Contaminate a public water supply; (h) Substantially degrade or deplete ground water resources; (i) Interfere substantially with ground water recharge; (n) Encourage activities which result in the use of large amounts of fuel, water. or energy; and (o) Use fuel, water, or energy in a wasteful manner". The adoption and implementation of the proposed Amendment would increase the potential for development to occur within the Project Area. An increase in development would increase the demand for water that would have to be supplied by the CVWD. Based upon the Final EIR that was prepared for the City's General Plan, the CVWD has, and will have in the future, adequate facilities and water 95 sources to serve the City with water based upon buildout pursuant to the General Plan.25 The District has indicated that the proposed Plan Amendment would not impact its ability to provide water to the Project Area. Although the District has indicated the proposed Amendment would not have significant impacts on its ability to serve the Project Area with adequate water, additional development would reduce existing water supplies. The District has a variety of water conservation measures that customers can utilize to reduce water consumption. The use of all applicable water conservation measures by the public and private sector would have positive impacts by reducing the demand on the District's existing water supplies. The Agency should incorporate all applicable water conservation measures suggested by the District into Agency sponsored projects, even if water conservation measures are not required to be incorporated into a project. The Agency should also incorporate and provide water improvements and conservation measures into projects consistent with and in compliance with the City's General Plan policies and objective for potable water. The adoption and implementation of the proposed Amendment would not change existing land use designations of property located in the Project Area. The Final EIR for the General Plan stated that the District would have adequate water supplies to serve buildout of the General Plan based on the land uses of the General Plan. Therefore, the proposed Plan Amendment would not impact the wr District's ability to provide adequate water supply to the Project Area. Implementation of the proposed Amendment would not significantly impact CVWD's ability to provide adequate water supply throughout the Project Area. 4.5.6.3 Mitigation Measures Since there have not been any significant water consumption impacts identified, no mitigation measures are required. 4.5.6.4 Unavoidable Adverse Impacts With adoption of the proposed Amendment, adverse water consumption impacts would be mitigated to a level of insignificance. 25La Quinta General Plan Final EIR, 1992, p. 4-115-4-116 96 4.5.7 Solid Waste 4.5.7.1 Environmental Setting The solid waste that is generated within the City of La Quinta, including the Project Area, is taken to one of two existing landfill sites. The landfill sites that serve the City are Edom Hill and Coachella. Both landfills are classified as Class III (non -hazardous) sites that accept mixed municipal waste. The following table shows each landfill facility, its permitted capacity, remaining capacity and years of remaining capacity. Table 9 Solid Waste Landfill Sites Years Until Permitted Remaining Landfill Landfill capacity capacity capacity Facility (Total Tons) (Total Tons) Exhausted Edom Hill 12,300,000 8,960,413 28 Coachella Landfill 2,990,239 392,977 2 Source: Riverside County Waste Management Department; May, 1993. 40 Effective September, 1989 the California Integrated Waste Management Act (AB 939) restructured the state's approach to solid waste management. The Act established an integrated waste management hierarchy in the following order of importance: Source reduction Recycling and composting Environmentally safe transformation and land disposal of solid wastes The hierarchy established integrated waste management priorities that will ultimately lead to a reduction of solid waste disposed according to sound environmental practices. The Act requires every county and incorporated city in the state to prepare a Source Reduction and Recycling Element (SRRE) as well as a Household Hazard Waste Element (HHWE). The purpose of the source reduction and recycling element is to show how a jurisdiction will meet solid waste diversion goals of 25 percent by the year 1995 and 50 percent by the year 2000. The purpose of the household hazardous waste element is to identify a program for the safe collection, recycling, treatment and disposal of hazardous waste as defined by Section 25117 of the Health and Safety Code which are generated by 97 households in the City and which should be separated from the solid 40 waste stream. The City of La Quinta is one of nine cities that are part of the Coachella Valley Association of Governments (CVAG). The nine cities that collectively serve as CVAG have prepared one SRRE and HHWE that have been adopted by all nine cities, including La Quinta. Although CVAG prepared one regional SRRE and HHWE each of the nine cities within CVAG, including the City of La Quinta, has completed its own solid waste generation study and established its own goals, objectives and funding strategy for implementing the SRRE and HHWE. The City of La Quinta has established the following objectives for solid waste: Short -Term objectives (1991-1995): Source Reduction: The short-term source reduction objective of the City of La Quinta is to reduce the amount of solid waste generated by 2.1 percent by the year 1995. This will be achieved through a combination of programs including rate structure modifications, economic incentives, technical assistance and regulatory programs. 26 Recycling: The short-term recycling objective of the City of La Quinta is to divert 15.6 percent of the solid waste generated from disposal at the landfills by 1995. This will be achieved through a combination of diversion strategies including voluntary source separation of recyclables for curbside, drop-off', and commercial/industrial collection and several supportive activities to encourage the success of these strategies. Composting: The short-term objective of the City of La Quinta is to reduce the total waste disposal at landfills by 25.7 percent by 1995 through separation, collection at multiple drop sites and composting of yard waste. Special Wastes: The short-term objective of the City of La Quinta is to reduce the total waste disposed at landfills by 0.2 percent by 1995 through special waste programs including tire shredding and recycling, construction/demolition debris recycling and infectious waste management. 26Source Reduction and Recycling Element, Vol. 2, Solid Waste Management Planning Coachella Valley Association of Governments, City of La Quinta Goals and Objectives, November, 1991. 98 Medium -Term Objectives (1996-2000) Source Reduction: In the medium term the City of La Quinta will reduce the amount of solid waste generated by 4.3 percent through implementation of additional and more aggressive source reduction programs including rate structure modifications, economic incentives, technical assistance and regulatory programs. Recycling: The medium -term recycling objective of the City of La Quinta is to divert 27.7 percent of the solid waste generated from disposal at the landfill by 1995. This will be achieved through a combination of diversion strategies including expansion of short- term programs, notably availability of curbside collection to additional generator groups and development and use of a materials recovery facility (MRF). Composting: The medium -term objective of the City of La Quinta is to reduce the total waste disposed at landfills by 30.1 percent by 2000 through separation, the addition of residential curbside collection and composting of yard waste. Special Waste: The medium -term objective of the City of La Quinta is to reduce the total waste disposed at landfills by 0.4 percent by 2000 through the continuation and enhancement of special waste programs initiated in the short-term.27 4.5.7.2 Potential Impacts The threshold for determining potential significant solid waste impacts is whether or not the proposed Amendment would either directly or indirectly generate significant quantities of solid waste or impact implementation of the City's Source Reduction and Recycling Element and Household Hazardous Waste Element. The construction of the public improvement projects listed in the proposed Plan would indirectly generate additional solid waste to area landfills. The type of solid waste that would be generated include typical construction debris such as dirt and landscaping material, wood, asphalt, concrete, metal, rocks, etc. The amount of debris anticipated to be generated to landfills due to construction of public improvement projects is speculative to determine at this time and would have to be determined at the time each project is submitted to the City for approval. The generation of additional solid waste to area landfills would incrementally reduce the capacity and life expectancy of the landfill receiving the solid waste. 27 source Reduction and Recycling Element, Vol. 2, Solid Waste Management Planning Coachella Valley Association of Governments, City of La Quinta Goals and Objectives, November, 1991. 99 The construction of the public improvements listed in the proposed Amendment could encourage additional private development within the Project Area. Additional private development would generate additional solid waste to the landfills that serve the City. The amount of solid waste generated would depend upon the type of development, such as residential or commercial, and development density and the amount of construction debris that is recycled. New development would generate additional solid waste to area landfills. The amount of solid waste generated due to construction is speculative to determine at this time and would have to be determined at the time each project is submitted to the City for approval. Depending upon the construction and the amount of solid waste recycled the impact could be significant. Implementation of the proposed Amendment would not change the existing land use designations for the Project Area as shown on the City's Land Use Policy Diagram. Development within the Project Area would occur according to the General Plan independently of adoption of the proposed Amendment. The amount of solid waste generated from the Project Area in the future would be the same with or without the proposed Amendment. However, adoption and implementation of the proposed Amendment could encourage private development to occur sooner due to Agency participation which would contribute solid waste to area landfills earlier than without Agency participation. The City of La Quinta General Plan EIR estimates the City will generate approximately 43,356 tons per year of solid waste based on the buildout of the City General Plan compared to the current amount of 28,500 tons per year.28 Since future developmentwithin the Project Area would be determined by the General Plan, the amount of solid waste generated from the Project Area would be consistent with the amount estimated to be generated by the General Plan EIR. Although additional development within the Project Area would increase the amount of solid waste taken to area landfills this amount would not be any greater with adoption of the proposed Amendment than without adoption. All development within the Project Area, including both public and private, would be required to comply with the City's Source Reduction and Recycling Element (SRRE) and the Household Hazardous Waste Element (HHWE). During the project review process the City will require the project developer to incorporate all applicable 28City of La Quinta General Plan EIR, 1992, p. 4-117. Note: 43,356 is a General Plan number based on 4 lbs./capita/day. General Plan includes area of City recently annexed. 28,500 is a SRRE waste generation study based on 12 lbs./capita/day. Am wr 100 solid waste reduction measures and criteria in compliance with the SRRE and HHWE. The incorporation of all applicable waste diversion measures into each project consistent with the SRRE and HHWE will help the City comply with the State requirement of reducing solid waste landfilled by 1995 and 2000. The incorporation of all applicable solid waste reduction measures into both public and private projects will reduce potential solid waste impacts at area landfills to insignificant levels. Once specific project information is available from the developer at the time each project is submitted to the City for approval, the City could estimate the potential volume of solid waste that would be generated and require solid waste reduction and diversion measures accordingly. Based on the threshold criteria the proposed Amendment is not anticipated to have a significant impact on solid waste or the life expectancy of area landfills. All Agency projects would have to reduce solid waste volume in compliance with the City's Source Reduction and Recycling Element. 4.5.7.3 Mitigation Measures Although there have not been any significant solid waste impacts identified with adoption and implementation of the proposed Amendment the following measures are recommended to reduce future potential solid waste impacts: 1. All Agency sponsored projects, including both public and private, shall be reviewed by City staff for potential significant solid waste impacts. If staff determines that a project could have significant solid waste generation impacts measures shall be incorporated into the project to reduce solid waste landfilled consistent with the SRRE. 2. All projects shall also be reviewed by the city for consistency with the Household Hazardous Waste Element. The City shall require that all applicable measures be incorporated into projects to comply with the HHWE. 4.5.7.4 Unavoidable Adverse Impacts With incorporation of the recommended mitigation measures, adverse solid waste impacts would be mitigated to a level of insignificance. 101 4.6 Cultural Resources 4.6.1 Environmental Setting La Quinta gets its name from the Spanish word for "fifth". According to the Archaeological Research Unit at the University of California, this reference presumably refers to what were called "fifth day" stopping places encountered by horseback and covered wagon pioneers on the long desert trek. These rest: stops eventually provided the impetus for the development of permanent communities in the desert. The Coachella Valley is known as the home of the Cahuilla Indians. The Cahuilla Indians were hunters and gatherers and are commonly divided into three geographic areas of the Valley; Western or Pass Cahuilla within Agua Caliente (Palm Springs area), Desert C'ahuilla (from Palm Springs east to the Salton Sea), and the Mountain Cahuilla (south of San Jacinto Peak in the Santa Rosa Mountains). These geographic boundaries are not definitive as the Indians were known to travel between the areas to exploit seasonally available resources or for social or ceremonial purposes. According to A.L. Kroeber, by 1923, the original number of Cahuilla Indians had been reduced from more than 2,500 to approximately 750. A trail was established by the Cocomaricopa Indians across the Coachella Valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson, Arizona and Mission San Gabriel (in the Los Angeles basin). Attempts by settlers to establish similar routes proved either unsuccessful or impractical. Non -Native American settlement of the Coachella Valley did not occur in earnest until the survey and development of the southern branch of the transcontinental railroad. With the number of construction workers came the ability and technology to drill wells deep enough to be used year-round. More settlers came into the Valley on the Bradshaw road which was used as a freight route and stage line before and after the coming of the railroad. The 1880's saw the beginning of homesteading in the Coachella Valley, mostly around Palm Springs, when public land was opened for settlement under the Desert Irrigation Act. Few homesteads were established until the late 1890's. With the advent of deep well drilling in 1894, the Coachella Valley rapidly grew into an area for agriculture and tourism. Information provided by the Archaeological Research Unit at the University of California, Riverside, concluded that the most likely locations of prehistoric (Native American history prior to contact with Europeans) cultural resources in La Quinta were along the foot of the Santa Rosa and Coral Reef Mountains. These cultural resources are most likely tethered to sources of water- or to locations where specific resources were available in quantity on a seasonal basis. The most likely locations of major settlements are 102 in the protected cove areas or alluvial plains near permanent water and food resources, and especially at boundaries between environmental zones. Temporary campsites might be at the locations of any resource such as game trails, springs, mesquite groves, substantial grass stands, bedrock outcrops near plant or seed resources, marshy areas, or along the shore of ancient Lake Cahuilla. Isolated milling features, sparse lithic scatters, and/or isolated pottery sherd scatters can be expected almost anywhere in the City, but are most likely where there are large exposed boulders or bedrock outcrops. The remains of the Desert Cahuilla are found in a number of locales throughout the City. The earliest archival evidence of Anglo-American settlement in the area comes from 1900, when a few desert land claims were filed with the BLM on two parcels in Section 22 of Township 6 South, Range 7 East. Two years later, the first homestead claims in the area were filed in Section 30 of Township 5 South, Range 7 East and Section 10 of Township 6 South, Range 7 East. However, USGS maps dated 1904 indicate no standing structure in the Project Area. Nor do they identity any other feature of the built environment aside from the same roads mentioned above. The courses of these roads differ slightly on the 1904 USGS maps than on the 1856 plat maps, but they are clearly identifiable. Walter H. Morgan, wealthy, local date farmer and president of the Desert Development Company, Inc., began the modern-day resort town of La Quinta in August of 1926 when he began construction of the La Quinta Hotel. The mission style building was designed by Los Angeles architect Gordon B. Kaufman and built of native materials, adobe walls and red tile roofs and floors. The Hotel and associated resort attracted many people to the area. The Desert Club, built in 1937, brought still more people to the area with its combination of resort facilities and land sale office. There are several historical structures and sites located within the Project Area. These structures and sites are recorded by the California Historic Resources Inventory and include twelve structures or sites. Of the thirteen historic properties in the City, only the unnamed structure at 80-041 Avenue 50 is located outside of the Project Area. In addition, the La Quinta Historical Society recognizes eleven additional sites in the City, all of which are located within the Project Area. An archaeological records search was conducted in conjunction with the EIR that was prepared for Project Area No. 1 in 1983. The records search indicated that ten archaeological sites exist within Project Area No. 1 and two sites existed outside Project Area No. 1. In addition, the records search indicated that over 30 archaeological sites have been recorded within a one -mile radius of Project Area No. 1. Results of the archaeological records check 103 indicate that significant archaeological resources related to the prehistory of the Lake Cahuilla area exist in Project Area No. 1. A review of the existing data on previously excavated and tested sites was also done during the preparation of the EIR for Project Area No. 1 which suggested that secondary camps and temporary use areas are located within the lower elevations of the Project Area while major habitation sites are found at the base of the mountain slopes or in the foothill region of the desert near water resources. Project Area No. 1 includes a range of environmental zones which would provide the food, water and raw materials needed to support prehistoric populations.29 The City of La Quinta has a Historic Preservation Ordinance which addresses the preservation of historic sites and structures in the City. The purpose and intent of the Historic Preservation section (Title 7) of the Municipal Code is to "Effect and accomplish the protection, enhancement and perpetuation of historic resource, landmarks and districts that represent or reflect elements of the City ,s cultural, social, economic, political. and architectural history.i30 Title 7, 11 Historic Preservation", pertains to archaeological, botanical, geological, topographical, ecological, geographical and paleontological sites, building architecture, historical buildings and landmarks. Title 7 contains chapters that address historical issues such as the purpose of the title, definitions of historical sites, the review process of development Alft plans that affect historical resources, the duties of the IF historical commission, procedures for the designation of a site as a historical landmark, procedures and criteria for obtaining permits to work on historical resources, landmarks or districts and enforcement including penalties. The Historic Preservation section of the Municipal Code applies to the entire City of La Quinta including the Project Area. 4.6.2 Potential Impacts The threshold for determining potential cultural resource impacts is whether or not adoption of the proposed Amendment would directly result in the loss or destruction of significantly important cultural resources as stated in CEQA Guidelines Appendix G, "(j) Disrupt or adversely affect a prehistoric or historic archaeological site or a property of historic or cultural significance to a community or ethnic or social group; or a paleontological site except as a part of a scientific study". 29Environmental Impact Report, La Quinta Redevelopment Project No. 1, page 78-79, 1983. 30Historic Preservation Ordinance, Chapter 7.02, Section Affik 7.02.020 (1). 1p 104 The construction of public improvements listed in the proposed Amendment and development of additional private projects in the Project Area could have an impact on existing archaeological artifacts. The construction of storm drain improvements within existing unimproved washes and drainage courses could result in the removal of existing important archaeological artifacts, if present. Depending upon the archaeological significance of the site and the extent the site would be disturbed, the impact to cultural resources may or may not be significant. If archaeological artifacts are discovered during project grading or construction, the significance of the artifacts would have to be determined by an archaeologist once the artifacts are evaluated. If significant artifacts are discovered, the artifacts would have to be recovered, preserved or avoided in compliance with the City's Historic Preservation Ordinance and Appendix K of the CEQA Guidelines, whichever is applicable and provides more protection for the artifacts. As stated in the City's Historic Preservation Ordinance, section 7.02.050 of Title 7, development plans and applications associated with projects that affect historic resources are referred to the Historic Preservation Commission as part of the City's environmental review process. All Agency sponsored projects, including public improvements and private development, will be subject to historical review by the Historical Preservation Commission as required by section 7.02.050 of Title 7. Agency sponsored or assisted projects will have to comply with the requirements and recommendations of the Historical Preservation Commission. If the Commission requires preservation of an existing building or excavation of an existing archaeological, paleontological or other historical site the Agency would have to meet the requirements the same as any development project in the City. At this time it is speculative to determine whether or not the construction of either public improvement projects or private development projects within the Project Area would have significant impacts on existing archaeological resources or historic buildings. A potential impact and its significance could only be adequately determined once site specific development plans have been submitted to the City for approval. Once development plans are submitted, the City could determine whether or not construction of a project could result in potential significant cultural or historical impacts based upon information the City has in regards to the location of existing recorded archaeological sites and historic sites. If there are no known historical buildings or recorded archaeological sites on the property, the City may not require additional site investigations. However, if a site is located in an area where significant archaeological artifacts have been discovered and recorded in the past, the City may require that a Phase 1 study of the site be conducted by an archaeologist to determine whether or not there are artifacts present on the surface of the site or there is a potential for sub -surface artifacts on 105 the site. Depending upon the recommendations of the archaeologist, the City may require that additional site surveys or site excavation be conducted. The La Quinta General Plan Final EIR indicates that buildout of the City will potentially result in the loss of archaeological value of historic and prehistoric sites as land is disturbed and developed31. Since there are known prehistoric and historic cultural resources in the City, it is anticipated that there are additional resources in the City that have not been discovered and recorded. As a result, additional development within the Project Area in the future could result in an impact to presently undiscovered existing cultural and historical resources. Without site specific development plans for either public improvement projects or private development it is speculative at this time to try to determine the potential significance of future project development on existing cultural and historic resources. Based on information that existing recorded cultural sites exist in the Project Area and there are historical buildings in the Project Area, it is anticipated that future project construction would uncover previously undiscovered cultural resources. The potential impact to the resources would then have to be determined once the resources are recovered and evaluated. 4.6.3 Mitigation Measures ® Although no significant environmental impacts have been identified at this time, it is anticipated that future development within the Project Area will uncover existing cultural resources or impact historical buildings. Therefore, the following mitigation measure is recommended so that future impacts to these resources would be reduced to insignificant levels. 1. All development projects involving vacant land shall have an archaeological survey conducted to determine whether or not archaeological resources are present. If resources are present they should be recovered, preserved or avoided in compliance with the City's Historic Preservation Ordinance or Appendix K of the CEQA Guidelines, as applicable. 4.6.4 Unavoidable Adverse Impacts With incorporation of the recommended mitigation measure, adverse cultural resource impacts are not anticipated to be significant. 31City of La Quinta General Plan Final EIR, page 4-83,, 1992 of 106 4.7 Land Use 4.7.1 Environmental Setting Existing Land Uses The proposed Amendment covered by the Project Area provides for the following existing land uses: residential, commercial, community facilities, golf courses, flood control facilities, agricultural uses, street right-of-way and vacant land. Figure 5 shows the existing land uses that presently exist within the Project Area. Table 10 lists the various types of land uses and the estimated acreage of each type of use within the Project Area. Table 10 Various Types of Land Uses and Estimated Acreage of Each Type Within the Project Area Land Use Acres Residential: ® Very Low Density (0-2 DU/AC) 13 m Low Density (2-4 DU/AC) 309 ® Medium Density (4-8 DU/AC) 1,106 ® Medium High Density (8-12 DU/AC) 77 ® High Density (12-16 DU/AC) 37 Subtotal 1,542 commercial: ® Convenience 10 2 ® Neighborhood ® Community 4 e Regional 0 o Tourist/specialty 88 ® Office 12 ® Industrial 0 Subtotal 116 Major Community Facilities 185 Mountain Areas 5,540 Golf Courses 1,390 Flood Control/Canals 355 Arterial/Collector Street Rights -of -Way 402 107 ILI 11 11 11 Land Use Acres Agricultural 498 Vacant (Developable) 4,328 TOTAL 14,356 Source: Rosenow Spevacek Group, Inc., May 1993. 108 0 aD 4 a GEM OF THE DESERT GENERALPLAN MASTER ENVFK)NMENTAL ASSESSMENT/ ENVRONMENTAL RIPACT REPORT EXISTING LAND USE VW VERY LOW DENSITY RESIDENTIAL .cl Lo LOW OENSRY RESIOEHNLL MO MEDIUM DENSITY RESIDENTIAL C MHO MED4M HIGH DENSITY RESIDENTIAL ND GHDEN RESIDENTIALlHIuuwACI CO CONVENIENCE COMMERCIAL NC NIM"ORHOOD COMMERCIAL TC TOUWST COMMERCIML CC CO.NlTY COMMERCIAL 'OO OFFICE OSO PUBLIC PCILITY/SEMFWSUC EkflAGRICULTURAL IND INDUSTRIAL OV VACANT OGOLF COURSE OTlL^M.xr. wb ..ARE m' 6 �I'A. o aI ! v A. ' .o M I1I1I III SO'i� lIIII — iD The Project Area includes a range of residential types from very low density, which consists of very large lot single-family homes and homes associated with existing agricultural uses, to high density residential such as the two-story condominiums located in PGA West. More than 85 percent of the residential uses in the City of La Quinta, including the Project Area have been developed at low and medium residential densities. The typical housing product built at these densities includes single-family detached houses and condominiums. The existing types of commercial uses located within the Project Area includes Convenience Commercial, Neighborhood Commercial, Community Commercial, Tourist/Specialty Commercial and Office use. The public/community facilities located within the Project Area include city offices, county facilities, schools, private utilities and churches. The existing open space uses include the Coral Reef and Santa Rosa mountains, golf courses and flood control facilities. The existing agricultural uses in the Project Area include land under cultivation for date palms and citrus groves. General Plan The City of La Quinta's General Plan guides the: long-term physical development of the City, including the Project Area. The City updated their General Plan in October, 1992 to address the local issues of the community and provide goals, objectives and policies that will be used to guide future development within the city. The land use element of the General Plan identifies and establishes the City's policy relative to the desired future pattern, intensity, density and relationships of land uses in the City. The purpose of the element is to establish official City policy which: Identifies the general types, locations and distribution of land uses desired in La Quinta at buildou.t. Identifies standards for land uses relative to population and building density/intensity and the character and compatibility of land uses. ■ Identifies desired courses of action/strategies which provide the means to implement the community's land use policies.32 The Land Use element is one of the nine elements in the General Plan. The Land Use element generally has the broadest scope of all elements and plays the central role of correlating all land use 32City of La Quinta General Plan, 1992, page 2-1. 110 issues into a coherent set of development policies. The goals, policies, standards and proposals within this element shall relate directly to, and shall be consistent with all other elements. The proposed General Plan land use designations of the land located within the Project Area are shown in Figure 6. The city's goal with regards to residential development is "A City with a low density residential character through the development of low density residential areas and higher density residential areas with generous areas of open space".33 The City's objective for reaching the residential goal states "The General Plan shall identify residential land use categories on the Land Use Policy Diagram which provide for a variety of residential product types, densities and development characteristics The General Plan has a list of policies that will obtain and reach the residential goal and objective of the General Plan. The City's goal regarding commercial development is "A balance of regional, community and neighborhood commercial uses located in the City to proportionately serve the needs of local and area -wide residents and seasonal visitors".35 The city's objective for reaching the commercial goal states "The General Plan shall identify commercial land use categories on the Land Use Policy Diagram which specify the desired tenant mix, appropriate development standards and location of the various commercial land uses in La Quinta".36 The General Plan has a list of policies that will reach the commercial goal and objective of the General Plan. With regards to community facilities, open space, etc., the City's General Plan has a goal that states, "A mixture of commercial, residential, resort and community facility uses which complement the unique character of La Quinta and are approximately located in designated areas of the City".37 The City's General Plan also has four objectives to obtain the above goal which are: "The General Plan shall include an Office (0) category on the Land Use Policy Diagram; The General Plan shall include a Tourist Commercial (TC) category on the Land Use Policy Diagram; The General Plan shall identify a Major Community Facilities (MC) category on the Land Use Policy Diagram; The General Plan shall identify land use categories on the Land Use Policy Diagram which provide for various types 33Ibid, page 2-8 34lbid 35Ibid, page 2-11. 36Ibid 37City of La Quinta General Plan, 1992, page 2-17. ill NOCEN PoVEq N� C.FNFRAI PI AN AND use POLICY DIAGRAM 'ESIDENTIAL LAND USES 'LGN VFAY LOW GENSDY GESDENML 1R2 o AC) LOW OEN KESDENTIAL [Z-s CWncl MEDFFI DENSffY gESDDlDAL [� B arncl 1�M OW NIGH DEN PESDEMkIL Io-�x pvncl NIGN DENSffY SESDENML ux-is affect FNNAL HESDEMIAL OVENLAY IOMMERCIAL LAND USES vnc NXED/NEGKWAL CGMMEnaAL MCC COMMGmmY CGMIm+CML NC NEDNSOSHOOD COMMEA COMMEm: PANK = OFFICE T� TOUNIST COMMENCML VC V GE COMMENCMI !® NON-NESEIENML OVERLAY ETHER LAND USES MAN MIX MCMAJOR COMMUWtY FAC S PAKK FACE S ES] OPEN SPACE GOLF COUNSE OPEN SPACE WATEACOUH FLOOD CONRIOL IXUNAl 1PNISaONTmC NKiFFFAM M.... P N1M•. HC. t]W H CFMP.LL SL1lE 1CM RILEIYY, /S 850.N THE N..SON COH.P\NV. WC. 0 MAnk of open space areas in La Quinta".38 The General Plan contains a list of policies that City staff must follow to meet the objectives and goals of the General Plan of providing a mixture of commercial, residential, resort and community facility uses. According to the General Plan throughout portions of the Project Area. there is a lack of adequate infrastructure for development to continue. In some portions of the Project Area there are inadequate utilities to serve future growth and development. There are also portions of the Project Area where inadequate public infrastructure such as flood control and transportation and circulation facilities are lacking to adequately serve future development. 4.7.2 Potential Impacts The threshold for determining impact significance is whether or not the proposed Amendment would conflict with or alter an adopted General Plan or other goals for the community. The proposed Amendment, if adopted, would not change the existing land use designations currently shown on the City's 1992 General Plan Land Use Policy Diagram map for the Project Area. The Plan Amendment would assist the City in implementing the General Plan as it currently exists or as amended in the future. At the time the Agency proposes to finance the construction of a public improvement project listed in the Redevelopment Plan, the project would have to be consistent with both the City's General Plan and the City's Zoning Ordinance. In addition, all private development within the Project Area would also have to be consistent with all applicable General Plan and Zoning Ordinance requirements. The use of Agency tax increment revenue to assist the City in constructing needed capital improvements could increase the timetable of development within the Project Area. The schedule for development of projects could occur earlier than anticipated with adoption of the Plan Amendment. The growth of the City based on the land use diagram in the General Plan could occur earlier due to the construction of infrastructure improvements that are currently needed to support new development. The local and regional economic conditions would also play a role in determining the pace which development within the Project Area would occur. If the demand for development is present and adequate infrastructure is limiting growth in the area, the construction of public improvements by the Agency, or with Agency assistance, could be the impetus for additional development. Under the Community Redevelopment Law the Agency must set aside at least 20 percent of all tax increment revenue received from the 38Ibid, pages 2-17 and 2-18 113 Project Area to be used to preserve, improve and provide low and moderate income housing in the City. The use of the 20 percent set aside revenue to improve and preserve existing low and moderate income housing would have positive land use impacts. The use of Agency revenue to improve, upgrade and rehabilitate existing housing for use as low and moderate income housing would meet the objective of the residential land use of the General Plan by providing a variety of residential product types, densities and development characteristics. The adoption and implementation of the proposed Amendment would not allow any development within the Project Area that is not allowed by the current General Plan. The proposed Amendment is anticipated to encourage an increase in development within the Project Area consistent with the General Plan. Overall, the adoption and implementation of the proposed Amendment would have positive land use impacts for the City of La Quinta. Adopting and implementing the proposed Amendment would allow the Agency to use additional tax increment revenue to construct needed public improvements throughout the entire Project Area as the need arises and revenue becomes available. The use of the tax increment revenue could allow the construction of needed public improvements sooner than if the proposed Amendment is not adopted. The construction of needed public improvements earlier than anticipated would have positive land use impacts because the construction of some of the public improvements would serve to protect life and property of existing and future residents located in the Project Area. 4.7.3 Mitigation Measures There are not any significant land use impacts anticipated with the adoption and implementation of the proposed Amendment, therefore no mitigation measures are required. However, the following mitigation measures are recommended to mitigate land use impacts that may occur in the future. 1. All Agency sponsored projects shall be consistent with the City's General Plan and zoning ordinance. 2. The Agency shall assist the City in constructing those public improvement projects first that reduce or eliminate the potential threat of loss of life or property. 4.7.4 Unavoidable Adverse Impacts With the incorporation of the recommended mitigation measures, adverse land use impacts would be mitigated to a level of insignificance. 114 4.8 Biological Resources 4.8.1 Environmental Setting The information contained in this section is taken from the City's Master Environmental Assessment.39 The Coachella Valley lies within the Colorado Desert which is distinguished by extreme heat during the summer, cool nights during the winter, low precipitation, and low humidity. The mountains which surround the valley are considered part of the desert climate zone, even though they have lower temperatures and receive somewhat higher precipitation. The Colorado Desert in the Coachella Valley is further defined into two deserts: the Mojave Desert, north of the Orocopia Mountains, and the Sonoran Desert, of which La Quinta is a part. Common plants, animals, soils, climate and other environmental factors are found within separate, identifiable ecosystems within each desert. Of the many Sonoran Desert ecosystems, two can be found in La Quinta: Sonoran Desert Scrub and Desert Transition. The remaining, disturbed environments within the City are classified as urban and agricultural. The Sonoran Desert Scrub ecosystem is the most typical environment in the Valley. It is generally categorized as containing plants which have the ability to economize water use, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths; some have shallow roots and go dormant during the summer. The major variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful: adjacent to surface water and in major drainage ways. The Desert Transition areas are found in the alluvial fan slopes and slopes of the surrounding mountains. The transition is gradual and involves an intermingling of vegetation types typically found in the Desert Scrub ecosystem and the Pinon-Juniper Woodland near the top of the Santa Rosa Mountains. The plant species in the desert transition zone benefit from slightly higher rainfall. Where creosote bush and bur -sage dominate in the desert scrub areas, cacti become more abundant and ocotillo dominate on the upper portions of alluvial fans, bajadas, and rocky mountain slopes. 39La Quinta General Plan 1992 Master Environmental Assessment, September, 1992. 115 The Sonoran Scrub and Desert Transition areas are both considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in the Sonoran Desert. The black -tailed hare is a typical medium-sized mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found in this area is the Peninsular Big Horn Sheep which is found at the higher elevations of the Santa Rosa and San Jacinto mountain ranges. Birds and amphibians/reptiles can also be found in the Sonoran Scrub and Desert Transition areas. Within the two desert types, the City of La Quinta contains eight habitat types which are described in terms of their decreasing elevation: rocky slopes, rocky bajadas, terraces, alluvial plains (sandy and gravelly bajadas), sandy desert washes, sand dunes, valley floor, and developed land (residential/commercial/recreational and agricultural). The habitats located within the City support a wide variety of endangered, threatened, rare, or special interest wildlife species and one special interest plant, the California ditaxis (Ditaxis California) . According to the California Department of Fish and Game Natural Diversity Data Base, there have been five sightings of the California ditaxis in the La Quinta area. The last documented sighting was in 1984, west of Avenida Bermudas and south of Avenue 52, and the plant is presumed to still be in existence. The occurrence of this species is confined to several populations found in the vicinity of the Santa Rosa Mountains. The Department has ranked the species "Endangered". It is a Category 2, Candidate for Federal Listing, meaning that existing information indicates it may warrant listing by the federal government, but substantial biological information to support a proposed rule is lacking. A second species of ditaxis whose occurrence is rare in California, but common elsewhere, is also located in the City. The glandular ditaxis (Ditaxis adenophora) is found in the vicinity of the La Quinta Hotel. This plant has not been designated rare or endangered at this time because of its common occurrence elsewhere. The list of endangered and threatened wildlife species found in La Quinta is as follows: ® Coachella Fringe -Toed Lizard ® Flat -Tailed Horned Lizard ® Peninsular Bighorn Sheep a Coachella Giant Sand Treader Cricket ® Prairie Falcon 116 n U AdaL ■ Golden Eagle vo ■ Vermillion Flycatcher ■ Black -Tailed Gnatcatcher ■ Crissal Thrasher ■ Le Conte's Thrasher The Coachella Fringe -Toed Lizard has been listed as endangered by the California Fish and Game Commission and as threatened by the US Fish and Wildlife Service since 1980. The species is highly adapted to loose, windblown sand and is able to rapidly run over the sand. The California Natural Diversity Data Base, maintained by the California Department of Fish and Game, includes four recorded sighting of the lizard within the City of La Quinta. Two of the areas have since been converted to gold courses. The mapped description of the lizard's habitat, as published in the 28 September 1978 Federal Register, includes the sand dunes north of Avenue 50. As a result of a regional initiative involving local development interests, environmental groups, nine cities of the Coachella Valley, Riverside County, the US Fish and Wildlife Service, the California Department of Fish and Game, and the Nature Conservancy, development occurring in this area is subject to a development fee which is utilized to acquire and maintain habitat areas in a Habitat Conservation Preserve near Thousand Palms. The La Quinta City Council adopted the Coachella Valley Fringe -toed Lizard Habitats Conservation Plan in February 1985. The plan provides the basis for the assessment of the previously mentioned development fee in La Quinta. The areas of La Quinta subject to this development fee are located both within and outside of the Project Area. The Flat -Tailed Horned Lizard is a candidate for federal endangered listing and a species of special concern for the California Department of Fish and Game. The California Natural Diversity Data Base has one recorded sighting of the lizard near the -La Quinta Little League field. This species primarily feeds on ants. As with the Fringe -Toed Lizard, the species prefers the dunes habitat and is capable of running quickly on loose sand; it hides by burying itself. Peninsular Bighorn Sheep are listed as rare by the California Fish and Game Commission, a status which corresponds to their federal listing as a threatened species. They are found on the rocky slopes of the Santa Rosa Mountains south and west of La Quinta. Some sheep have been observed feeding in the bajada south of the Village of La Quinta and sheep tracks have been observed near the Cove Reservoir. Portions of the State Game Refuge 4-D, established in 1917 by the State Legislature primarily for the protection of Alft native bighorn sheep, lie within La Quinta. qP 117 While the Santa Rosa Mountains sheep populations are among the most dense in the state, the Santa Rosa Mountains Wildlife Habitat Management Plan reports that the lack of water in the area limits the bighorn to seasonal use of the area, generally January through July. Most of the bajada would normally be of limited suitability for bighorn habitat because of the lack of nearby sheep escape terrain. However, since some degree of off -road vehicle control has been implemented, Bighorn Sheep have increasingly made use of relatively flat terrain. The area south of La Quinta and the mountain between La Quinta and Deep Canyon are very unique in this regard, and apparently provide habitat relatively free of human activity. The Prairie Falcon shares the Santa Rosa Mountains with the Bighorn Sheep and is considered a Species of Special Concern by the California Department of Fish and Game due to its restricted range and rare sightings in the state. They have been placed on the Audubon Society's Blue List and are generally believed to be declining in numbers. The California desert is thought to support the largest remaining populations in California. It was last observed in the La Quinta area in 1980, though it is presumed to be still in existence. The Golden Eagle is another Species of Special Concern, as determined by the California Department of Fish and Game. There are five recorded Golden Eagle nesting sites in the Santa Rosa Wildlife Habitat Area, and other are expected. The Golden Eagle requires large open areas to forage and successfully raise young. The desert population of these predator birds continues to decline and the Bureau of Land Management is considering listing this species as sensitive. The Bald Eagle, a State and Federal designated endangered species, has been observed in the bajada south of the Cove. With the exception of the area adjacent to the Salton Sea this species is typically not found in the California Sonoran Desert. The Coachella Giant Sand Treader Cricket is considered endangered to extremely endangered and is therefore a Species of Special Concern for the California Department of Fish and Game. It is a Category 2 Candidate for Federal listing, meaning that existing information indicates the species may warrant listing, but substantial biological information to support the ruling is lacking. The cricket is typically found on the wind-swept sand dune ridges, although preferred habitat includes areas where springs have kept the sand damp. These crickets have been spotted in the northeast corner of the City. Four bird Species of Special Concern for the California Department of Fish and Game have been spotted on the Indian Wells/La Quinta border. They are the Vermillion Flycatcher, the Black -Tailed Gnatcatcher, the Crissal Thrasher and Le Conte's Thrasher. The Gnatcatcher has also been spotted in the debris chutes of the rocky 118 sloped bajada area south of the Village of La Quinta. The Gnat:catcher and Flycatcher are considered endangered by the California Department of Fish and Game and the two Thrasher's are considered rare and having restricted ranges. Per CEQA Guidelines Appendix G, the standard is: "(c) Substantially affect a rare or endangered species of animal or plant or the habitat of the species". This Program EIR also incorporates by reference the potential biota impacts and mitigation measures included in the 1992 La Quinta General Plan Final EIR. Since development within Project Area No. 1 would occur consistent with the General Plan, the potential impacts and mitigation measures associated with development as identified in the General Plan EIR would also be the same and apply to Project Area No. 1. The City of La Quinta adopted a Statement of Overriding Considerations relative to biota because some potential biota impacts associated with development of the 1992 General Plan cannot be fully mitigated to insignificant levels. Therefore, incorporation by reference of the 1992 General Plan EIR must also include reference of the Statement of Overriding Considerations for biota. 4.8..2 Potential Impacts Alftk The threshold criteria for determining significant impact on biological resources is whether or not the project would substantially affect any rare or endangered plant or animal species. The construction of some of the public improvement projects listed in the proposed Amendment could result in the removal and destruction of existing biological resources. The construction of storm drain facilities within existing washes and natural drainage courses could impact rare or endangered plant or animal species by removing the plants themselves or removing wildlife habitat. The construction of other types of public improvement projects that result in the removal or destruction of native plant habitat could also impact plants and animals. Most of the public improvement projects such as street improvements, traffic signal installation, upgrading sewer or water lines, etc. would be constructed within street right-of-way or the street themselves. The construction of projects within existing streets are not anticipated to have significant biological resource impacts to either plant or animal species in the vicinity of the project. The potential biological resource impacts associated with the construction of public improvements would have to be specifically evaluated once the projects are submitted to the City for approval. At the time of project submittal the City would have specific project information available to determine whether or not there qP 119 could be significant biological resource impacts either during or after project construction. If the City determines that there could be potential impacts, additional information such as a biological survey should be conducted and submitted to the City Planning and Development Department in order for staff to more accurately determine the significance of potential impacts and recommend mitigation measures, if necessary, accordingly. Adoption of the proposed Amendment could encourage private development within the Project Area which could impact biological resources. There are rare and endangered plant and animal species present in the Project Area that could be impacted due to development. The impact and significance would have to be more specifically determined at the time specific private development plans are submitted to the City for approval. At that time, City staff could evaluate the project and its location for potential impacts to biological resources. A project specific biological survey should be required to determine whether or not plant or animal species either currently exist or could potentially exist on a site. once a biological survey is completed, the City could then determine the potential for significant biological impacts associated with the development of the project. All biological surveys in the future will have to be conducted in compliance with the Fish and Game Department's May 1984 Guidelines for Assessing Impacts to Rare Plants and Rare Natural Communities. Assessments of sensitive fish, wildlife, reptile and amphibian species, as applicable, will have to be conducted. Seasonal variations will have to be taken into account so that assessments are conducted at the appropriate time of the year and time of day when sensitive species are active or otherwise identifiable. Acceptable species specific surveys should also be developed in consultation with the Department of Fish and Game and the U.S. Fish and Wildlife Services. The adoption and implementation of the proposed Amendment could result in significant biological resource impacts if the Amendment implements the General Plan. As stated in the Setting section of this section, 4.8.1 a Statement of overriding Considerations was adopted by the City upon its adoption of the 1992 General Plan. Since Agency sponsored development within the Project Area implements the General Plan significant biological impacts could occur. 4.8.3 Mitigation Measures The following mitigation measure is recommended: The City Planning and Development Department shall review all projects for potential biological impacts. If the Department 120 determines that a project could have a significant biological impact a biological survey shall be conducted and submitted to the Planning and Development Department for their review. If the survey determines that potential significant biological impacts could occur the Department shall incorporate measures into the project to mitigate the impacts. 4.8.4 Unavoidable Adverse Impacts Adoption of the proposed Amendment could have significant impacts on biological resources even with implementation. of the recommended mitigation measure.. ® 121 4.9 Human Health 4.9.1 Environmental Setting The Coachella Valley Mosquito Abatement District is responsible for protecting the health of residents and visitors to the Coachella Valley from the annoyance and possible disease transmitting eye gnats, mosquitoes and other disease vectors. Eye gnats are an annoyance and can transmit the painful disease conjunctivitis, or "pinkeye" to humans and particularly children. Mosquitoes cause injury and discomfort through their biting activities. They can also transmit encephalitis, a disease which causes an inflammation of the brain and which can be extremely serious for the young and the elderly. They can also transmit malaria, dengue and other mosquito borne diseases. Mosquitoes can breed in all types of situations such as improperly maintained fish ponds, spas, fountains, swimming pools and other water holding devices where water can collect and remain for seven days or more. The Coachella Valley Mosquito Abatement District has control programs which are designed to keep insect vectors within tolerable limits through preventive measures where possible, and uses pesticides when everything else fails to control populations. Most public health vectors can best be taken care of by utilizing the procedures described below, using mosquitoes as an example. Mosquitoes are controlled by means of chemicals and biological organisms added to the water source. However, in the planning, development and construction phases it is possible to make provisions to prevent or mitigate mosquito problems through a mosquito management plan which would include the following points: ® A maintenance program that would involve vegetation management. This important issue can be addressed before construction in such a way as to prevent weeds and aquatic vegetation, which can provide ideal breeding areas for mosquitoes. ® Insure accessibility for mosquito control personnel and equipment to the sites for both inspection and treatment. ® Specific development plans should incorporate vector prevention guidelines, standards, and checklists that were written by the Environmental Management Branch of the State of California Health Services Department. Eye gnats can best be controlled by use of an attractant bait mixture and traps. Other types of public health organisms (vectors) such as flies, rats and others need to be considered when developing and/or redeveloping any area. Many preventive measures can be used to minimize their affect on everyone. 122 As a last resort, the California Health and Safety Code contains sections addressing how "public nuisances" are handled. These sections provide procedures for legal abatement of public nuisances against the owner. 4.9.2 potential Impacts The threshold for determining significant impact is whether or not the proposed Amendment would significantly increase vector populations or create a potential public health hazard as stated in CEQA Guidelines Appendix G, "(v) Create a potential public health hazard or involve the use, production or disposal of materials which pose a hazard to people or animal or plant populations in the area affected". Adoption and implementation of the proposed Amendment could increase the number of vectors such as gnats and mosquitoes. During the construction phase of some projects breeding habitat acceptable for vectors such as, standing water, could allow populations of some vectors to increase. Golf courses and country clubs within the Project Area contain lakes, ponds and other types of water impoundments that continue to require efforts by the District to control vector populations. The planned residential, commercial and public developments would provide numerous opportunities for eye gnats and mosquitoes to breed and grow. There would be water runoff from rain, watering of flower beds, trees, and lawn areas that could support vectors. This water would flow along street gutters to low spots, drains, catch basins, and other devices to channel excess water to sumps, ditches, Whitewater Storm Channel, and other areas; thus, creating potential breeding sites for these insects. Proper engineering and routine maintenance of gutters, catch basins, drainage systems and other types of water holding devices or areas could prevent or minimize the creation of mosquito breeding situations. The Coachella Valley Mosquito Abatement District encourages the cooperation among the City and contractors/developers to find long-term solutions to these potential public health and safety problems. If the City requires that all public and private projects incorporate all applicable Coachella Valley Mosquito Abatement District measures to prevent and control vector breeding habitat, there would not be any significant vector impacts. There may be some increase in specific vectors, but there would not be a significant increase if all applicable District recommendations are incorporated into both public and private projects. 0 123 4.9.3 Mitigation Measures The following mitigation measure is recommended to reduce potential vector impacts: 1. All projects assisted by the Agency shall be reviewed by the Coachella Valley Mosquito Abatement District. All applicable vector control measures recommended by the Coachella Valley Mosquito Abatement District shall be incorporated into the project. 4.9.4 Unavoidable Adverse Impacts With incorporation of the recommended mitigation measure, adverse human health impacts would be mitigated to a level of insignificance. 11 124 5.0 Alternatives 5.1 "No Project" Alternative The "No Project" alternative means that the proposed Amendment would not be adopted and implemented at this time. The existing Redevelopment Plan for Project Area No. 1 would remain in place and continue to guide development within the Project Area during the life of the respective plan and environmental impacts relative to the implementation of the existing Plan would remain essentially the same as those described in the previous Redevelopment Plan EIR. This alternative would provide an opportunity for the Agency to adopt another plan amendment sometime in the future. This alternative would forego the Agency extending the effective date of the Plan to November, 2023 and thereby collecting additional tax increment revenue and meeting its objective to assist the City in vitalizing and upgrading the Project Area by reducing and eliminating conditions of blight. The tax revenue collected from the proposed Project Area would be used by the Agency to fund the construction of needed public improvement projects listed in the proposed Amendment. This alternative would preclude the Agency from funding either all or a portion of the public improvements. The existing need for public improvements and increased level of public services would continue as it presently exists into the future with this alternative. As a result, the ® projects that the Agency would assist the City in constructing may be delayed well into the future, or until such times as the City can locate alternative sources of revenue to fund the construction of the needed public improvements. This; alternative would eliminate the future benefits the City and its residents would receive due to the Agency constructing public improvements earlier than they may be constructed by the City. Some of the improvements listed in the proposed Redevelopment Plan include the construction of needed storm drain improvements that would eliminate the threat of flooding to life and property in those portions of the Project Area currently subject to flooding. The construction of the storm drain improvements would control storm waters that periodically damage property within the Project Area. This alternative would eliminate the ability of the Agency to assist the City in constructing needed public improvements such as bridges over local drainage courses allowing easier and safer vehicular access throughout the City and the Project Area. The improved access would not only allow improved vehicular access for City residents, but would improve emergency vehicle access throughout the City and Project Area, resulting in faster emergency response times to residents. 125 The City does not have reserves or anticipated revenue streams adequate to alleviate blighting conditions within the Project Area. This condition results from factors such as: Constitutional and statutory enactments inhibiting the ability of cities to raise revenues; a stagnant state of the economy in the State and the region for the past several years; unforseen problems in the handling of investments by outside private parties. This alternative would eliminate benefits the City would receive of providing and maintaining low and moderate income housing by the Agency to the extent feasible if the Amendment were to be approved. As required by the Community Redevelopment Law, the Agency must set aside at least 20 percent of all tax increment revenue received from the Project Area for preserving, improving and increasing low and moderate income housing. The "No Project" alternative would forego the receipt of the additional tax increment revenue received by the Agency from the Project Area that would, by law, be applied towards low and moderate income housing. The City of La Quinta would have to find alternative revenue sources to provide additional housing for low and moderate income households. This alternative would not eliminate or reduce significant impacts associated with the proposed Amendment because there have not been any unavoidable significant impacts identified. Indirectly, however, there could be impacts associated with increased private development anticipated to occur within the Project Area. However, such private development would be in accordance with the Agency's existing Redevelopment Plan for Project Area No. 1 as well as the City's General Plan and the General Plan EIR which provided adequate measures to mitigate the impacts that would be associated with the development based on the General Plan. Therefore, future private development that would occur due indirectly to adoption of the proposed Amendment would have the same potential impacts as the impacts previously identified in the environmental document for the Redevelopment Plan for Project Area No. 1, as well as the General Plan EIR. Therefore, this alternative would not be environmentally superior to the proposed project because this alternative would not reduce or eliminate significant impacts that cannot occur without adoption of the proposed Amendment. 5.2 Alternative Financing This alternative would require the City of La Quinta to seek alternative sources of revenue to fund needed improvements and other projects instead of utilizing Agency funding. The City is in need of specific public work improvements. In order to fund these improvements without Agency participation, other sources of revenue the City could consider include infrastructure finance districts, industrial development bonds, community development block grant (CDBG) funds, economic development administration (EDA) funds, assessment districts and county, state and federal assistance and funding programs. The availability of federal funds has declined 126 steadily over time and La Quinta must compete with thousands of jurisdictions nationally for moneys, making receipt of funds doubtful; developers have experienced difficulty in borrowing money and in maintaining profitability due to industry -wide lending issues and stagnant market conditions, making them an unlikely and costly source of credit to the Agency. As the sole source for financing the projects included in the proposed Amendment, this alternative would allow construction of projects only as financing sources are located and funds become available. The availability of funds would in turn be dependent upon such factors as the source, the marketability of bonds, the political climate at the time, whether or not local, state or federal agencies have made funds available and other issues that may be unknown at this time. Under this alternative, the projects proposed could be developed very slowly or not at all, depending upon the availability of funds and the success of the City at obtaining the necessary funds. once funds were obtained, they could be restricted to their use in that they could be used only for specific projects which could affect some of the proposed projects of the Plan. Generally, alternative financing sources are unreliable and rapidly disappearing. in Addition, the use of such techniques as assessment districts act as a burden on the land and can negatively impact costs or values of property owners. To eliminate these negative impacts the Agency Algh has in the past combined the use of assessment districts with Agency participation, thereby reducing cost impacts for households of limited income and reducing the inhibiting effects of on development activities which promote. jobs and the economic viability of the Project Area. Because one of the primary objectives of the proposed Amendment is to finance infrastructure improvements, an infrastructure financing district should be considered as an alternative to the Project. Enacted by Senate Bill 308 in 1990, the enabling legislation (Government Code Section 53395, et sect.) authorizes cities to establish infrastructure financing districts to purchase, construct, expand and improve infrastructure of "community -wide significance". Like the proposed Project, an infrastructure financing district would be funded by property tax increment (although only from certain taxing agencies which consent to give up their increment) and would be able to issue bonds to finance infrastructure activities. However, a number of drawbacks make infrastructure financing districts of limited usefulness. First, the constitutionality of the districts is uncertain. The Legislative Counsel (attorney for the California Legislature) opined that the enabling legislation is unconstitutional because it authorizes tax increment financing without requiring blight, and 0 127 because an infrastructure financing district is not a "district" entitled to allocation of property taxes.`0 Second, the requirement that taxing agencies must consent by resolution to donate their tax increment to the district severely limits the funds which can be obtained, particularly in comparison to the tax increment funds which would be generated by the Project. In addition, school districts and county boards of education are not authorized to consent to give up their tax increment. Other jurisdictions have no financial incentive to consent. Third, the legislative intent of Section 53395 is that infrastructure financing districts be used only in "substantially undeveloped areas." There are not any portions of the Project Area that would qualify as such. Fourth, the creation of an infrastructure financing district and its issuance of bonds must be approved by a two-thirds vote of all owners of property.within the district. Obtaining such two-thirds approval would be very difficult. All of the other revenue sources cited above may have a place in providing needed construction capital. However, they have several disadvantages such as availability, allowed use of the funds and the duration the funds are available. The use of the above financing methods could result in the delay of some or all of the proposed projects well into the future, or would result in the projects not being built. •Moreover, the presence of the issues enumerated above inhibit the investment of revenues necessary to extend use of this technique. Absent clarification by further legislation or case law, the technique will continue to be unworkable. The proposed Amendment provides for the collection of tax increment revenue on a yearly basis. The tax revenue would then be available to finance Agency projects. Tax revenue can be projected into the future because it is based on the tax revenue generated in the Project Area. The past tax revenue is known, and based on this, future projections can be made. Tax revenue from the Project Area would be fairly constant so the Agency would know from year to year the approximate tax revenue. From this the Agency could make decisions on projects it wanted to fund. As a result, the Agency would have a regular known source of funds for funding future projects. The proposed Amendment authorizes the Agency to secure other sources of funds in addition to tax increment. The Community Redevelopment Law allows the Agency to secure revenue from governmental agencies such as Urban Mass Transit Program, Urban 40iReport on Enrolled Bill" dated September 24, 1990. 128 Development Action Grants; allows the Agency to issue tax allocation bonds, lease revenue bonds, assessment district bonds, Mello -Roos bonds, etc. and allows the Agency to borrow from developers. As discussed above, those techniques can be used in conjunction with tax increment ; on a stand-alone basis, they have severe constraints. Assessments, as noted above, can adversely impact land values and burden households of limited income. From an environmental standpoint, this alternative would have similar impacts as the proposed Amendment due to construction impacts and growth inducing impacts. Alternative financing would, when obtained, fund the same projects as those listed in the proposed Amendment. If this alternative did not fund projects for many years this alternative could be environmentally inferior to the proposed Amendment. If this alternative did not fund needed public works improvements in a timely manner, there could be significant adverse infrastructure impacts. 5.3 Alternative Sites In order for any area to be considered as a redevelopment project area, it must meet several conditions established by State law. The Community Redevelopment Law requires an extensive legal process involving the preparation of several documents, the formal action of the Agency, the Planning Commission and the City Council in Alh order to adopt a redevelopment project area. After extensive assessments to determine whether the project area for Project Area No. 1 met the condition of blight as defined by the Community Redevelopment Law, and other necessary criteria, the City Council adopted the Redevelopment Plan for Project Area No. 1. The area within the City of La Quinta that is available as an alternative redevelopment project area is very limited. Most of the City is currently located within one of the two existing redevelopment areas. There is little remaining land within the City.that could be incorporated into a new project area. The area within the City that meets the definition of blight is already included within one of the two existing redevelopment project areas. Therefore, there is not any existing land within the City that could be incorporated into a new redevelopment project area. The intent of the proposed Amendment is to provide a mechanism for the Agency to assist the City of La Quinta in removing and eliminating blight and improving the economic viability of Project Area No. 1. Should an alternative project area. be selected that is not currently within an established redevelopment project area, a redevelopment project area would first have to be established. Along with the establishing a project area needed public improvements would be identified that would be part of the redevelopment plan for the new project area. The construction of public improvement projects in another project area would result in 129 similar construction impacts as anticipated with the proposed Amendment. Independent of where public improvement projects are • generally located impacts associated with their construction will be similar. The secondary or indirect impacts that may be associated with the construction of public improvement projects in another location may vary depending upon the location and type of public improvements. The indirect impacts associated with establishing an alternative project area would be the development of additional residential, commercial or industrial development in the vicinity of the public improvements. Depending upon the type of public improvements constructed such as new roads, extension of sewer, storm drain and water lines, etc. new development could result in additional environmental impacts to the area and the City. Since the potential impacts that may be associated either directly or indirectly with the construction of public improvement projects would be similar independent of their location within the City of La Quinta this alternative would not be environmentally superior to the proposed project. 5.4 Alternative of Lower Debt Limits As an alternative to the form of Amendment as proposed, the Agency could formulate and adopt a different amendment of the existing Project/Plan which would provide for limits on the amount of increment which could be received and the time during which increment could be received greater than the limits of the existing Plan, but lesser than the Amendment as proposed. To the extent such limitations are increased, some of the advantages of the proposed Amendment could be realized; however, limitations or negative consequences would include: (i) less revenue would be available to the Agency to address blighting conditions within the Project Area; (ii) there is a likelihood that further amendments would be necessary to alleviate blighting conditions, which would either entail duplicative costs of processing such an amendment, or which might not be feasible under the Community Redevelopment Law; (iii) because there are coverage requirements imposed by the marketplace in connection with the issuance of bonded indebtedness, any limitation upon tax increment below that proposed by the Amendment will severely impact the ability of the Agency to raise capital to implement programs alleviate blighting conditions; and (iv) the limitation upon the time during which indebtedness could be repaid to a time earlier than that contemplated by the Amendment would render doubtful the ability of the Agency to repay all creditors of the Agency. 130 6.0 Related Project and Cumulative Impact Analysis This section is required by the California Environmental Quality Act (CEQA). Section 15130 of the CEQA Guidelines states: (a) Cumulative impacts shall be discussed when they are significant. (b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness. The following elements are necessary to an adequate discussion of cumulative impacts: (1) Either: (A) A list of past, present, and reasonably anticipated future projects producing related or cumulative impacts, including those projects outside the control of the agency, or (B) A summary of projections contained in an adopted General Plan or related planning document which is designed to evaluate regional or area -wide conditions. Any such planning document shall be referenced and made available to the public at a location specified by the lead agency; (2) A summary of the expected environmental effects to be produced by those projects with specific reference to additional information stating where that information is available and (3) A reasonable analysis of the cumulative impacts of the relevant projects. An EIR shall examine reasonable options for mitigating or avoiding any significant cumulative effects of a proposed project. (c) With some project, the only feasible mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather than the imposition of conditions on a project -by -project basis. Based on Section 15130 of the CEQA Guidelines, a list of cumulative projects was compiled and referenced to evaluate the potential cumulative impacts that could be anticipated to occur in conjunction with adoption and implementation of the proposed Amendment. The cumulative project list includes projects in the City of La Quinta and adjacent jurisdictions, as applicable, that could have cumulative environmental effects should all of the listed projects be developed. The projects are: listed in Table 11. 131 Table 11 Cumulative Project List City of Indian Wells Project Description 1. Tract 24625 65 single-family homes 2. Tract 27104 58 single-family homes 3. Tract 27610 14 single-family homes 4. Tract 26122 750 single-family homes and a golf course 5. Tract 27697 97 single-family homes 6. Tract 27747 32 single-family homes 7. Conditional Use Permit 34,000 square feet of office 8. Conditional Use Permit 640 acres of private community with single-family homes and golf course. City of La Quinta Project Description Residential projects located throughout the City As of January 1, 1993, the City has approved 19,798 units with 16,203 units remaining to be constructed. Commercial projects located As of January 1, 1993, the City throughout the City has approved 1,767,949 square feet of retail/office space with 789,181 square feet remaining to be constructed. Hotel projects located throughout the City As of January 1, 1993, the City has approved 1,808 hotel units and 1,167 remain to be constructed. County of Riverside Project Description Specific Plan 218 5,880 residential units on 1,251 acres Vesting Tentative Map 23732 60 single-family homes Vesting Tentative Map 23794 323 single-family homes Vesting Tentative Map 23778 20 single-family homes 132 • C� and a map identifying their approximate locations is shown on Figure 7. The potential cumulative environmental impacts associated with implementation of the Plan Amendment in conjunction with the development of other projects are discussed below: Air Quality: The development of the cumulative projects would result in a significant increase in the amount of air emissions generated within the Coachella Valley. Increased air emissions would be due to several sources including PM10 emissions as well as engine combustion emissions. The PM10 emissions would be associated with grading of project sites for future development and construction equipment generating dust and particulate matter into the air during project construction. The other common types of air emissions include those typically associated with the combustion of gasoline and diesel fuels associated with the operation of motor vehicles and construction equipment during construction of the cumulative projects. The emissions associated with cumulative development would significantly increase the amount of air emissions generated within the Valley. The increased emissions would contribute to the degradation of the air quality in the area and the region. The Transportation Demand Management (TDM) and Congestion Management Plans (CMP) are designed to reduce vehicular trips reducing vehicular emissions. Implementation of the measures contained in the TDM and CMP by each jurisdiction would reduce some vehicular trips with a subsequent corresponding reduction in air emissions. The level of air emission reduction would depend upon the success of the TDM and CMP measures utilized. The implementation of as many trip reduction measures as possible into all cumulative projects would reduce air emissions, accordingly. Although trip reduction measures can be incorporated into the cumulative projects there would still be increased air emissions generated to the existing air quality. The increased emissions would impact the local air quality as a result. There could be significant cumulative air quality impacts to the Valley with cumulative project development depending upon the type and success of the various exhaust emission reduction measures incorporated into each project. There is not a reasonable option to mitigate or avoid the significant air quality impacts associated with air emissions from cumulative project development. Delaying projects well into the future or significantly reducing the scale of future development would mitigate air emission impacts, but this may not be a reasonable mitigation measure because it 'would significantly curtail development in the Valley. Hydrology/Drainage: Increased development would increase runoff due to a decrease in the amount of land available to absorb the rainfall. Depending upon the amount of land covered with buildings 40 133 P�l I 99 2 Mp uz 2 .... .. �.J 21 0 < ........... W. A6. L 11 ... tf-3. I I and parking areas in conjunction with development of the cumulative projects and the amount of remaining open space available to absorb rainfall the increased runoff may or may not be significant. A significant increase in the amount of runoff generated to area and regional storm drain collection facilities could be significant. Depending upon the amount of runoff and the ability of the storm drain system to adequately handle the increased runoff the impact may or may not be significant. Storm drain upgrades and improvements are needed at the current time to adequately control and carry the existing runoff that is generated in the City of La Quinta as well in the jurisdictions adjacent to the City that contributes stormwater flows to La Quinta. Cumulative project development could significantly increase the amount of runoff directed to existing drainage facilities that could significantly impact the ability of the existing facilities to accommodate the additional runoff. Depending upon the amount of additional storm water runoff that would occur due to increased development the existing storm drain facilities may be significantly impacted. A significant increase in storm water runoff without improving existing facilities could result in increased flooding of properties adjacent to and in the vicinity of existing storm drain facilities. Increased storm water flow could physically impact existing facilities by damaging facilities so that they can not properly function as designed. If existing storm drain facilities are improved or new facilities constructed in conjunction with the development of the cumulative projects there may not be significant impacts to existing storm drain facilities. Developers of cumulative projects would be required to prepare a preliminary hydrology and drainage study that would estimate the potential amount of increased runoff that would occur upon project construction. The hydrology study would also determine the ability of the existing off -site storm drain facilities to adequately accommodate the additional runoff. A hydrology study would determine whether or not improvements would be required to the existing facilities to adequately accommodate the additional runoff. The respective jurisdiction could then require the project developer to construct the needed improvements as part of the project. If cumulative development continues without the construction of either new or improved storm drain facilities there could be significant drainage impacts to existing facilities associated with cumulative project development. A mitigation measure that would reduce potential cumulative hydrology and drainage impacts to insignificant levels is to require all future development to provide drainage facilities that adequately accommodate project generated runoff, including both on - site: and off -site storm drain facilities. 135 Population and Housing: The cumulative projects include both residential and commercial development. Additional residential development would assist local jurisdictions in meeting some of the region's need for additional housing necessary to meet the population increase. There is a need for all types of housing, including low and moderate, which cumulative project construction may not meet. The increased development of housing may meet some of the area housing need, but it may not meet the housing needs of all segments of the population. If housing is provided for all segments of the population then there would be positive cumulative housing impacts. Cumulative project development would also increase the population of the area. Although potential residents of future residential projects may currently reside in the community where the units would be constructed, there would be some residents moving into the community from outside the Valley, increasing the population of the community. The population increase of the community due to cumulative project development would depend upon the type and number of units constructed, their affordability and the local job base. If the cumulative projects are developed consistent with the General Plans of the respective jurisdictions in the area the additional development has been adequately planned and evaluated from an environmental standpoint. The Coachella Valley Association of Governments (CVAG) has future population and housing projections for the Valley. The development of cumulative projects that do not conform with the future population and housing projections of CVAG would have an impact on CVAG's projections for the region in the future. If cumulative project development results in the construction of additional residential units with a resulting population increase greater than projected by CVAG, the preferred population and housing numbers for the region could be significantly affected. A mitigation measure to reduce potential significant population and housing impacts is for jurisdictions to approve projects that do not provide housing and population greater than projected by regional planning agencies such as the Coachella Valley Association of Governments. Transportation/Circulation: There would be a significant increase in the number of vehicle trips generated to the area transportation system due to the development of the cumulative projects. The potential traffic impact and its significance would depend upon the ability of the circulation system to adequately handle the increased traffic volumes. The potential impact would also depend upon the type of traffic improvements a project developer would be required to provide in conjunction with project construction to reduce project traffic impacts to acceptable levels. The. significance of the potential impact would also depend upon the 136 ability of local and regional jurisdictions and agencies to provide master plan transportation facilities. The construction of cumulative projects could result in significant traffic and circulation impacts that may not be able to be adequately mitigated to acceptable levels of service. All area cities have Traffic and Circulation Elements of their General Plan that identify the ultimate transportation system that will be needed to adequately accommodate the traffic ultimately generated within the city upon the buildout of the General Plan. Although the ultimate master plan of highways for each city is designed to handle the traffic generated within that jurisdiction, each jurisdiction must also be able to accommodate, to some degree, traffic generated outside that passes through the city. The cumulative traffic impact could include significant traffic impacts to regional roadways as well as the transportation system within individual jurisdictions. Depending upon the number of cumulative traffic trips generated and their distribution, specific roadways within individual jurisdictions as well as regional roadways that serve the City of La Quinta and adjacent cities could be significantly impacted. If a large number of projects in a specific geographical area are developed within a short period of time there could be significant traffic impacts to the local transportation system. Improvements to the local transportation system may be constructed to provide adequate circulation. In some situations, however, there may not be sufficient physical area to construct the improvements necessary to provide an adequate circulation system. Each project would have to evaluate the potential cumulative traffic impacts associated with that project at the time the project is submitted to the city for approval. Each jurisdiction would have to determine the potential cumulative traffic impacts, its significance and the improvements that would have to be constructed to mitigate the traffic impacts. The types of traffic and circulation improvements that may have to be constructed to the existing transportation system within each jurisdiction include street widening, installation of traffic signals, providing new or additional left turn pockets at intersections, re -stripping, construction of new or the extension of- existing streets, etc. The improvements may be entirely located within a single jurisdiction, involve several jurisdictions or include state highways. Even though transportation demand management and congestion management plan measures are required to be incorporated into projects as applicable, there could still be significant traffic impacts due to the development of cumulative projects. Increased traffic and the associated congestion could occur to a point that the traffic impacts and resulting levels of service can not be mitigated to insignificant levels. 137 It is difficult and unfeasible in many situations to mitigate traffic levels on area roadways to acceptable levels of service due to the influx of traffic from outside the area. Since many of the traffic trips on area roadways are due to tourists, it is difficult to mitigate regionally generated traffic trips. Although local jurisdictions can require measures to reduce traffic generated within their respective city, regionally generated trips are difficult to mitigate. Therefore, it is not feasible at this time to adequately mitigate cumulative traffic to insignificant levels. Cultural Resources: There are existing cultural resources in the Coachella Valley which have been discovered and recorded. Due to the existence of known cultural resources in both the City of La Quinta as well as surrounding communities other undiscovered cultural resources could exist in the area. The development of cumulative projects could uncover additional cultural resources during project grading and construction. Such cultural resources could be significantly impacted if they are disturbed before they are recovered or protected. The development of the cumulative projects could significantly impact existing cultural resources if resources are present on the project sites. Even if existing resources are recovered, inventoried and preserved there would be some impact because the resources would be disturbed. The disturbance and recovery of a large number of cultural resources could result in a significant impact on the cultural resources present within the area which could be either archaeological, historical or paleontological resources. Appendix K of the CEQA Guidelines provides information relating to the preservation and excavation of historic and prehistoric archaeological resources. The criteria contained in Appendix K identifies the types of measures a public agency should seek to use to avoid damage or the destruction to a known archaeological site. Appendix K also provides information that should be included in an excavation plan to protect the resource should excavation be necessary and the limits of mitigation costs a project applicant would be required to pay should excavation and recovery be required. The incorporation of the criteria contained in Appendix K into cumulative projects that have cultural resources present would mitigate potential cultural resource impacts to insignificant levels. There are feasible mitigation measures that can be incorporated into cumulative projects to reduce potential cumulative cultural resource impacts. Mitigation measures such as those listed in Appendix K of the CEQA Guidelines would reduce potential impacts to insignificant levels. Public Services: The construction of cumulative projects will significantly increase the demand for public services such as 138 police, parks and recreation, and fire protection as well as the consumption of water and generation of wastewater, solid waste and students to area elementary and secondary schools. Many jurisdictions are experiencing extreme financial difficulties in providing additional police and fire personnel and equipment to meet service demands. As development occurs and the demand for these types of public services increase, cities may not be able to continue to provide the existing levels of service. Cumulative projects, especially residential developments, will increase the demand for park and recreational facilities, including local and regional facilities. Local and regional jurisdictions are not able to adequately meet the current demand for recreational facilities and cumulative development will further impact existing facilities. Cumulative project development will also increase the consumption of water from local and regional sources, generate more wastewater that must be treated at area treatment plants and increase the volume of solid waste that must be buried at area landfills. A significant increase in solid waste volume will also increase the amount of solid waste that must be recycled in compliance with the State recycling law. The cumulative projects will also generate a significant number of new students to schools. Many school districts are educating more students than they have capacity in their schools and the schools are overcrowded. Cumulative project development can continue to significantly impact the school districts in the area by generating additional students to overcrowded schools. In most cases potential impacts to public utilities can be mitigated by requiring project developers to pay for the cost of installing the necessary infrastructure to adequately serve a project. In the case of public services, potential significant impacts are mitigated by either service fees collected from the developer or the use of a portion of the property taxes to improve services. In some cases, such as residential development, the amount of property taxes collected may not adequately provide for additional police and fire protection or school facilities required to serve a residential project as an example. For some cumulative projects, public services may not be able to be adequately mitigated to insignificant levels. Landl Use: Based on the development of the cumulative projects identified, there will be significant development in the City of La Quinta as well as surrounding jurisdictions. The result will be a reduction in the amount of open space in the area, additional traffic and air emissions, increased demand for public services, etc„ Although the cumulative projects may be consistent with General Plan land use designations, the development of the projects will result in many indirect impacts as discussed above. The continued development of cumulative projects will significantly reduce open space and change the area to a more dense urban 139 community. As stated previously, the indirect cumulative land use impacts are increased traffic, air emissions, demands for public services and utilities which could significantly impact those disciplines. In order to mitigate potential cumulative land use impacts, jurisdictions would have to approve projects that could reduce all project impacts to insignificant levels. Not all land use impacts could be reduced to insignificant levels, however, because there would still be some indirect impacts such as traffic and air emissions quality that would be significantly impacted. Biological Resources: The construction of the listed cumulative projects could result in the loss and removal of existing flora and fauna within the Coachella Valley. There are rare and endangered plant and animal species present in the area and the species can be significantly impacted by additional development if the rare and endangered plant and animal species are present on the site to be developed. Although rare or endangered plant and animal species may not be present on every potential development site, they could be present on some sites. The cumulative loss of habitat for these rare and endangered animal and plant species as well as loss of the species themselves could be significant. The preservation of areas as open space that support rare and endangered plant and animal species will help to mitigate the cumulative impact to the area biota. If adequate open space protecting the rare and endangered plant and animal species present and known to occur in the area is not provided, there would be significant biological impacts to the desert biota. All cumulative project sites should be surveyed in compliance with Fish and Game Guidelines for Assessing Impacts to Rare Plants and Rare Natural Communities and in compliance with U.S. Fish and Wildlife Service, if applicable, to determine if potential biological impacts could occur and provide adequate mitigation measures when needed. A mitigation measure to reduce biological impacts. would be to preserve those sites where either rare or endangered plant or animal species are either found or anticipated to occur. This measure may require large parcels of land to be preserved and remain as vacant open space which may not be feasible. Significant cumulative biological impacts are anticipated to occur due to the gradual reduction and loss of animal habitat and plant species. Human Health: In terms of potential cumulative impacts with eye gnats, mosquitoes and other disease vectors, additional development would increase the population of these vectors as well as other vectors by providing additional habitat. The additional habitat such as lakes, ponds, irrigated lawns and flower beds, etc. could provide additional optimum habitat that could allow vector populations to increase and cause significant cumulative impacts. 140 The Coachella Valley Mosquito Abatement District does have control programs available that can control and reduce insect vectors to tolerable levels. If the various jurisdictions approving cumulative projects require the project developers to incorporate all applicable insect vector control measures into projects, the cumulative vector impacts should not be significant. There could be an increase in either or all types of insect vectors, but the population levels could be managed and controlled so that population levels do not cause significant impacts. A mitigation measure to reduce potential insect vector impacts would be for jurisdictions to incorporate all applicable measures recommended by the Coachella Valley Mosquito Abatement District into all development projects. If the District's programs and measures to reduce and control insect vectors are incorporated into projects, these human health impacts would be reduced to insignificant levels. Summary of Potential Cumulative Impacts: Some of the cumulative project impacts associated with development of the cumulative projects, in conjunction with development in Project Area No. 1, cannot be mitigated to insignificant levels. As discussed in this Cumulative Project Section, the following disciplines cannot be mitigated to insignificant levels with feasible mitigation measures: air quality; traffic and circulation; public services such as police protection, fire protection and schools; and biological resources. The disciplines that can be mitigated to insignificant levels with cumulative project development include: hydrology/drainage; population and housing; cultural resources; public utilities; land use,; and human health. 0 141 7.0 Growth -Inducing Impacts Of The Proposed Action In an effort to comply with CEQA Guidelines 915126 (g), this section will evaluate as thoroughly as possible the potential growth inducing impacts associated with adoption of the proposed Plan Amendment and the affects of inducing growth and development of existing vacant property within the Project Area. The adoption and implementation of the proposed Amendment for Project Area No. 1 would have growth -inducing impacts. The intent of the proposed Amendment is to alleviate conditions of blight within the Project Area by improving and upgrading the existing infrastructure, improving the level of public services and also increasing the economic viability with a subsequent improvement in growth. The adoption and implementation of the proposed Amendment would allow the Agency the ability to assist the City in constructing those needed public improvements listed in the Plan, depending upon the availability of tax increment revenue. Once needed public improvements are constructed, the improvements could support and encourage additional private development of vacant parcels within the Project Area. Some of the Project Area is either developed or proposed for development based on approved development plans, but there are undeveloped parcels that may be more likely to be developed once specific public improvements are constructed. Additional growth would increase the existing demand for public services and utilities such as police and fire protection services, sewer and water service, generate additional solid waste, etc. Depending upon the amount of additional development and the ability of existing public services and utilities to meet the increased demand, there may or may not be significant growth -inducing impacts on the agencies providing the public services and utilities. The development of vacant property in the Project Area would create additional demand for public services and utilities, generate additional traffic on area roadways with a direct secondary increase in automobile exhaust emissions, reduction in open space, etc. There is one existing intersection in the Project Area that currently operates at level of service F and one intersection that operates near capacity, which is level of service D or E. Traffic that would be generated by development of vacant parcels in the Project Area would contribute additional traffic to area intersections. Additional traffic could further impact and reduce levels of service of area intersections. Depending upon the timing and the intensity of the additional development and the existing level of service of area roadways and intersections, the traffic could have significant traffic impacts on the area transportation system. 142 Air emissions would also increase with additional development. Increased emissions are due to automotive exhaust associated with the operation of construction equipment during project development, vehicular emissions by project residents and business patrons, and emissions for space heating of residential units and commercial buildings. The primary pollutant in the Coachella Valley is dust which is raised due to heavy construction, vehicular traffic on unpaved roads and traffic on paved roads with silty debris. PM10 refers to dust particles less than ten microns in diameter. Because PM10 is respirable and can seriously damage the lungs, fugitive dust is of concern. As the population in the Coachella Valley increases, pollutants associated with dense population centers, heavy vehicular traffic and industry will also occur. Another source of PM10 associated with the construction and development of the vacant parcels is exhaust emissions associated with heavy construction equipment. Although diesel powered equipment generates more PM10's than gasoline powered equipment, both types of equipment generate PM101s. The amount of PM10's generated by construction equipment would depend upon several conditions such as the mechanical condition of the construction equipment, the number of pieces of equipment used during project construction and the duration of the construction period. Since this information is not known at this time, an accurate estimate cannot be provided. However, there would be additional fugitive TW dust generated to the area due to the construction equipment exhaust. The fugitive dust and PM10 fine particulates would not be generated at one time because it is unlikely that vacant project sites would be developed at one time. As a result, the dust and particulate matter associated with development of the vacant parcels is anticipated to be generated over a period of several years. The proposed Amendment, if adopted, would not change existing land use designations in the Project Area. The current land use designations as defined by the City's General Plan would remain as presently designated and the Redevelopment Plan would implement the existing General Plan. The adoption and implementation of the Plan Amendment would not result in an increase in development intensities, vehicular traffic, noise, demand for public services and utilities, etc. that could not occur presently with existing land, use designations. The densities and the additional population, traffic air emission, etc. generated from development in the Project Area have been accounted for in various growth projections by regional agencies such as Coachella Valley Association of Governments (CVAG) and the Air Quality Management District Growth Management Plan (GMP). Environmental issues associated with growth in the Project Area have also been evaluated by the recently certified Final EIR for the City's General Plan. Aft Therefore, the growth that is anticipated to occur within the 143 Project Area due to adoption of the proposed 'Amendment has been planned by regional agencies and evaluated environmentally by the City. The City of La Quinta Final EIR for the General Plan provides mitigation measures for various environmental, issues than can reduce impacts associated with future development within the Project Area. Implementation of the proposed Amendment is anticipated to encourage development within the Project Area. The future development of land uses per the General Plan could have potential environmental effects which will need to be mitigated. The mitigation measures provided in the General Plan Final EIR will assist the City in mitigating potential significant environmental effects associated with development within the Project Area. 11 144 8.0 The Relationship Between Local Short -Term Uses of Man's Environment And The Maintenance And Enhancement of Long -Term Productivity Adoption and implementation of the proposed Amendment would provide the City with a continued funding source for constructing needed infrastructure improvements in the Project Area. The infrastructure improvements that are needed would protect the public safety of City and Project Area residents, once constructed. The improvements include street improvements and the installation of traffic signals allowing safer traffic circulation, construction of storm drain facilities which would protect property from flooding, upgrading existing sewer and water lines, improving public services to residents and businesses in the Project Area, etc. The construction and development of public improvement projects and providing improved public services to the Project Area would not pose long-term risks to public health and safety. The benefit and reason for going forward with the proposed Plan Amendment at this time is because the proposed Amendment would allow the potential for needed infrastructure improvements to get constructed earlier than without adoption of the proposed Amendment. Postponing the adoption until sometime in the future could significantly delay the construction of needed infrastructure improvements. Postponing the construction of public work projects would not reduce or eliminate significant impacts associated with Aft the projects. There would be short-term construction impacts with the construction of projects, but those impacts would occur whether projects were constructed now or in the future. The short-term construction impacts are not anticipated to be significant, therefore, postponing their construction would not significantly improve the environment. Proceeding forward at this time rather than reserving an option for further alternatives would not necessarily allow different improved alternatives in the future. The types of infrastructure and public service improvements that are currently needed would continue to be needed well into the future. The construction of infrastructure projects and improved public services in association with the Plan Amendment would enhance the long-term productivity of the Project Area. ® 145 9.0 Any Significant Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented Adoption of the proposed Amendment would commit future tax increment revenue to be used towards improving the economic viability of the Project Area throughout the life of the Plan. The revenue would be used to assist the City of La Quinta in constructing needed infrastructure improvements and improving public services for residents and businesses in the Project Area. Adoption of the proposed Amendment is not anticipated to directly result in additional large scale development in the Project Area. The proposed Amendment, therefore, is not anticipated to result in significant irreversible environmental changes. Adoption of the proposed Amendment could indirectly encourage the development of vacant parcels that exist in the Project Area. The development of vacant parcels would result in irreversible environmental changes due to the development of buildings on these sites. Whether or not the changes would be significant would have to be determined at the time development plans are submitted to the City for approval. Since some of the Project Area is either developed, committed to development with entitled development plans or existing vacant parcels that are surrounded by development, it is not anticipated that additional development in the Project Area due to adoption of the proposed Amendment will would result in significant irreversible environmental changes. 146 10.0 organizations and Persons Contacted Tom Coyle Community Development Director City of Indian Wells Planning Department 44950 E1 Dorado Drive Indian Wells, Ca 92210 Tom Levy General Manager and Chief Engineer Coachella Valley Water District Post Office Box 1058 Coachella, Ca 92236 Hank Hohenstein Planning Director City of Indio 100 Civic Center Mall Indio, Ca 92201 Coachella Valley Association of Governments 73-710 Fred Waring Drive Suite 200 Palm Desert, Ca 92260 Karen Strohmeier AUL Operations Manager of Finance wr Coachella Valley Recreation and Park District 45-874 Clinton Indio, Ca 92201 Debra Astin Planning Department Sunline Transmit Agency Post Office Box 398 Thousand Palms, Ca 92276 Sam Martinez Riverside County Clerk's Office Land Use Department 1737 Atlanta Avenue Room H-5 Riverside, Ca 92507 Wes Alston Riverside County Fire Department Planning and Engineering 210 West San Jacinto Avenue Perris, Ca 92570 Ah Nr 147 Gerald Malony Clerk of the Board of Supervisors County of Riverside Post Office Box 1359 Riverside, Ca 92502-1359 Larry Parrish Chief Administrative Officer County of Riverside Post Office Box 1385 Riverside, Ca 92502-1385 Gary L. Orso Assessor County of Riverside Post Office Box 12004 Riverside, Ca 92502-2204 Anthony J. Blanca Auditor -Controller County of Riverside Post Office Box 1326 Riverside, Ca 92502-1326 R. Wayne Watts Treasurer - Tax Collector County of Riverside Post Office Box 12005 Riverside, Ca 92502-2205 Dr. Dale Holmes Riverside County Office of Education Post Office Box 868 Riverside, Ca 92502 Bret Kestell Superintendent Coachella Valley Public Cemetery District 82-925 Avenue 52 Coachella, Ca 92236 Michael J. Wargo District Manager Coachella Valley Mosquito Abatement District 93-933 Avenue 55 Thermal, Ca 92274 148 Sam Aslan Coachella Valley Resource Conservation Center 80-975 Indio Boulevard #B-il Indio, Ca 92201 Rick Herington Chief Operating Officer Desert Hospital 1150 North Indian Canyon Drive Palm Springs, Ca 92262 David George Administrator Desert Community College 43-500 Monterey Street Palm Desert, Ca 92260 Judith Auth Director City/County Public Library Post Office Box 468 Riverside, Ca 92501 Ricardo Pedroza Southern California Association of Governments 818 West 7th Street 12th Floor Los Angeles, Ca 90017-3435 John Wong/David Martin State Board of Equalization Tax Area Services MIC: 59 Post Office Box 1713 Sacramento, Ca 95812-1713 Paul Romero General Manager Riverside County Regional Park and Open Space District Post Office Box 3507 Riverside, Ca 92519 Mari Lemons Office of Planning & Research 1400 Tenth Street Sacramento, Ca 95814 Steve Smith South Coast Air Quality Management District Post Office Box 4937 Diamond Bar, Ca 91765-0937 FsS*l Marcia J. Ewart Facilities Planning and Development Desert Sands Unified School District 82-879 Highway 111 Indio, Ca 92201-5678 Jeff Weinstein Riverside County Parks Department 4600 Crestmore Road Riverside, Ca 92509 Captain Ron Dye Riverside County Sheriff's Department 82-695 Carreon Drive Indio, Ca 92201 Ed Studor Riverside County Transportation Department 1695 Spruce Street Riverside, Ca 92509 Sung Key Ma Riverside County Waste Management Depart. 1995 Market Street Riverside, Ca 92501-1719 Paul Clark Senior Planner Riverside County Planning Department 79-733 Country Club Drive Suite E Bermuda Dunes, Ca 92201 Greg Arnim Coachella Valley Unified School District 87225 Church Street Thermal, Ca 92274 Daniel F. McCarthy Coordinator California Archaeological Inventory Eastern Information Center Department of Anthropology University of California Riverside, Ca 92521 La Quinta Public Library 78-080 Calle Estado Suite La Quinta, Ca 92253 150 Aft Drew Pallette Coachella Valley Archaeological Society 68-045 Monterico Road Desert Hot Springs, Ca 92240 Fred Worthley State of California Department of Fish and Game 330 Golden Shore, Suite 50 Long Beach, CA 90802 Thomas Genovese Executive Director La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, Ca 92253 Dwight Berg Public Economics, Inc. 2100 E. Katella Avenue Suite 195 Anaheim, CA 92806 11 i Iu 151 APPENDICES Ll 11 APPENDIX A NOTICE OF PREPARATION AND INITIAL STUDY Notice of Preparation Appendix J To: (Atency) (Address) Subject: Notice of Preparation of a Draft Environmental Impact Report Lead Agency: Consulting Firm (If applicable): Agency Name THE LA OLTINTA REDEVFLOPr"L'NT AGENCY Firm Name STEVENSON, PORTO & PIERCE, INC. Street Address 78-495 CALLE TAlAPICO Street Address 8195 rLDURT= EAST SUITE C City/State/Zip iA 'INTO, CA 92253 City/State/Zip IRVIIT�E, CA 92714 Contact JERRY HERI-AN Contact PHIL 17a%rIN THE LA WINTA REDEVELOP= AGENCY will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and contentof the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the I Study ( [M is ❑ is not) attached. Dux to the time limits mandated by State law, your response must be sent at the earliest possible date but not fares than 30 days after receipt of this notice. Please send your response to D,.R • JERRY HERMN at the address shown above. We will need the name for a contact person in your agency. Project Trim: .`iNtE.` ,%LENT TO REDEVELOPNr£NT PLAN FOR LA WINTA REDEVELOP= PROJECT AREA NO. 1 Project Location: CITY OF LA WINTA City (Wore") Project Description: (brief) COMY A21END THE ='`:ISTING REDEVELOP1=7r PLAN FOR PROJECT AREA NO. 1 TO ADD ADDITIONAL PUBLIC =RD%'a'ENT PROJECTS, INCREASE THE Ar'.OUNT OF DEBT LIMIT AND EXTEND THE LIFE OF THE PLAN. PLEASE REFER TO THE ENCLOSED PROTECT DESCRIPTION FOR ADDITIONAL INFORI'ATION. Date FEBRUARY 15, 1994 Title Telephone (619) 564-2246 DIRECTOR Reference: California Administrative Code, Tide 14, (CEQA Guidelines) Sections 15082(a). 15103. 15375. Revised October 1989 Alk 1.0 Overview of Project The City of La Quinta (the "City") is located in the Coachella Valley, southwest of Interstate 10 as shown on Figure 1, Regional Map. The existing La Quinta Redevelopment Project Area No. 1 is located generally within the southerly portion of the City as shown on :Figure 2, Vicinity Map. on February 18, 1994 the La Quinta Planning Commission approved a preliminary plan which initiated a Project Amendment to amend the Redevelopment Plan for Project Area No. 1 (the "Proposed Plan Amendment"). Generally, the purpose of this amendment is to establish the time limits required under the revisions to the Community Redevelopment Law and to allow the La Quinta Redevelopment Agency to undertake the projects necessary to further eliminate blight within Project Area No. 1. The Environmental Assessment/Initial Study analyzes the potential environmental impacts that could be associated with amending Project Area No. 1. A copy of the completed Environmental Assessment/Initial Study for determining the potential environmental effects associated with the Proposed Plan Amendment is attached for review. 2.0 Purpose of the Environmental Assessment and Initial study AUk An Environmental Impact Report ("EIR") is required to be prepared for the amendment of a redevelopment plan in accordance with the Community Redevelopment Law of the State of California (Health and Safety Code §§33000 et. seq.) and the California Environmental Quality Act (Public Resource Code §§21000 et. seq.). The enclosed Environmental Assessment/Initial Study provides a basis for initially determining the nature and scope of the environmental review that will be conducted for the proposed amendment. The Environmental Assessment/Initial Study identifies to date the environmental issues and subjects that will be addressed in the Program EIR. Pursuant to the Environmental Assessment/Initial Study, the La Quinta Redevelopment Agency ("Agency") has determined that a Program EIR is required to be prepared for the proposed plan amendment. 3.0 summary of Preliminary Environmental Assessment This Environmental Assessment/Initial Study for the Proposed Plan Amendment indicates that adoption and implementation of the proposed Plan Amendment may have potential environmental effects on air quality, hydrology and drainage, population and housing, transportation and circulation, biota, land use, public services including police protection services, fire protection, schools, parks and recreational facilities, maintenance of public facilities and public utilities including sewer, water, storm drain and solid waste and cultural resources. Adoption and implementation of the Proposed Plan Amendment is not anticipated to have significant effects on other environmental disciplines. The Proposed Plan Amendment will not change existing land use or zoning designations. A Program EIR will be prepared to analyze the potential environmental impacts associated with adoption and implementation of the Proposed Plan Amendment as identified above. The Program EIR will focus on those issues where potential impacts could occur as identified by the Environmental Assessment/Initial Study and as identified by comments received during the 30 day Notice of Preparation public review period. In addition, the Program EIR will also evaluate and discuss all other topics and subjects in compliance with the California Environmental Quality Act ("CEQA").. 4.0 Project Description The Agency currently has two redevelopment project areas. The Agency is proposing to amend the Redevelopment Plan for Project Area No. 1 only. The Agency does not propose to either add or remove area to the existing project area with this Proposed Plan Amendment (the "Amendment"). The redevelopment plan for Project Area No. 1, as amended, would supersede the existing Redevelopment Plan for Project Area No. 1. The reasons for the Proposed Plan Amendment is to facilitate the reduction and mitigation of existing blighting conditions in order to improve the economic viability of the project area. Although the Agency has accomplished a number of redevelopment projects in Project Area No. 1 to date, the Agency has more specifically defined the projects listed in the existing Redevelopment Plan that need to be constructed and/or implemented in order to further eliminate blight and encourage redevelopment within the project areas. The Proposed Plan Amendment would extend the duration of redevelopment activities under the Proposed Redevelopment Plan to November, 2023 to accomplish the goals and objectives of the amended Plan. The Amendment would establish new time limits for the Agency to incur debt to finance public improvement projects while consolidating and establishing new limits for the amount of bond indebtedness that can be outstanding at one time and the amount of tax increment that can be allocated to the Agency. The Proposed Plan Amendment would also extend the Agency's power of eminent domain to acquire private property for public use in certain circumstances. The Agency would have eminent domain authority for twelve years from the date of adoption of the Proposed Plan Amendment. 2 Adoption of the Proposed Plan Amendment would preserve and expand the ability of the Agency to construct public improvement projects which are needed in the project area to improve and upgrade existing infrastructure. The Agency proposes to include in the Proposed Plan Amendment those public improvement projects that have not been completed to date, but are listed in the existing Redevelopment Plan. Including these public improvement projects will enable the Agency to further remove existing blight in the Project Area and encourage economic viability in the City. The types of projects included in the Proposed Plan Amendment are storm drain improvements, street improvements, installation of traffic signals, upgrading sewer and water lines, providing community facilities and improving public services. The Proposed Plan Amendment would also increase the revenues available to the Agency to be used to facilitate low and moderate income housing in the City. As required by Community Redevelopment Law, the Agency must set aside at least 20 percent of all tax increment revenues allocated to increase, improve and preserve the community's supply of low and moderate income housing. 5.0 Discretionary Approvals The Proposed Plan Amendment will require the following discretionary approvals by the City Council and the Redevelopment Agency of the City: A. Certification of the Final Environmental Impact Report. B. Approval of the Redevelopment Plan Amendment for Project Area No. 1. Environmental Assessment No. Case No. ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Proponent: La Quinta Redevelopment Agency 2. Address and Phone Number of Proponent: 78-495 Calle Tampico La Quinta, California 92253 (619) 777-7125 3. Date of Checklist Submitted: February 15, 1994 4. Agency Requiring Checklist: La Quinta Redevelopment Agency (By: City of La Quinta Community Development Department) 5. Name of Proposal, if applicable: Amendment of the Redevelopment Plan for La Quinta Redevelopment Project Area No. 1 II. Environmental Impacts (Explanations of all "yes", "maybe" and "no" answers are provided below each discipline.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? X Discussion: The Project Area is not located in an area that is known to be geologically unstable. The construction of public work improvement projects, as envisioned at this time, would not require extensive or significant excavation in order for public improvement projects to be constructed. The street improvements, storm drain construction and other public improvement projects anticipated to be constructed by the Agency would not require extensive excavation below existing surface elevations. As a result it is not anticipated that there would be a potential for unstable earth conditions or changes in the existing geologic substructure with construction of public improvement projects. The potential for future private development in the Project Area as a result of the construction of public improvement projects is also not anticipated to result in significant impacts to geologic substructures. b. Disruptions, displacements, compaction or overcovering of the soil? X Discussion: The construction of some of the public improvement projects would require the short-term disruption, displacement, compaction and overcovering of soil in order for the facilities to be constructed. Soil would have to be graded, trenched and excavated in order for new facilities to be constructed underground. Once the facilities are constructed trenches would have to be filled and the soil would have to be compacted to meet building code and/or grading and compaction requirements. 17J The types of public facilities proposed to be constructed by the Agency are not anticipated to require significant quantities of soil disruptions, displacements or compactions because they are not large-scale projects. Since excavation, trenching, compaction, grading, etc. would be limited to providing utility trenches, curbs and gutters, etc., it is not anticipated that the soil excavation associated with these types of projects would result in significant soil compaction or overcovering impacts. Construction associated with new development would be required to submit both a geotechnical soils investigation and a grading plan to the City prior to issuance of grading or building permits. The grading plan would include those measures identified in the soils investigation that will reduce potential geotechnical impacts including soil displacement and compaction. c. Change in topography or ground surface relief features? X Discussion: Construction of public utility improvement projects would mostly occur within existing road right-of-way. Asa result there would not be a change in existing topography or ground surface relief with construction of public improvements within existing streets. The construction of storm drain improvements would require grading. The amount of grading and whether or not there would be a significant change in the topography or ground surface relief features would depend upon the scope of the storm drain facilities to be constructed and the location. It is anticipated at this time that future storm drain improvements would be constructed along existing storm drain channels and consist of either lining existing channels with concrete or installing storm drain pipes and culverts. The construction of storm drain pipes and lining flood control channels should not result in significant changes to existing ® topography or ground surface relief features if new facilities are constructed within existing storm channels. The future construction of public and private buildings would require a change in the existing topography and ground surface to provide building pads, parking areas, streets, etc. Although the existing topography and surface relief features would be changed it is not anticipated that significant topographic changes would be required in order to provide buildable sites. d. The destruction, covering or modification of any unique geologic or physical features? X Discussion: There are not any known existing unique geologic or physical features in the Project Area. The Project Area is urbanized and developed. Construction of the public improvement projects and private development would not impact geologic or physical features since there are not any identified geologic features in the Project Area. e. Any increase in wind or water erosion of soils, either on or off the site? X Discussion: The construction of the public improvement projects would not increase long-term wind or water erosion of soils. These facilities, once constructed, would not have the potential to increase wind or water erosion since the facilities would be located underground and covered with either concrete or asphalt. There could be short-term erosion effects during the construction of public improvement facilities due to excavated soil and sand being stockpiled for back fill ing and compaction once the projects have been completed. The City and the State have erosion control methods that must be incorporated into all construction projects to reduce and prevent erosion. These erosion control methods would be part of the plans for constructing the public improvement projects and would help reduce and mitigate the short-term erosion effects during project construction. The majority of the City is generally not considered subject to significant wind or water erosion due to the predominance of low sloped topography and the existence of some flood control facilities. The existing wind erosion potential is considered low to moderate for the majority of the native soils due to the presence of abundant agricultural improvements including vegetative windbreaks and irrigation facilities which somewhat control dust. The construction of public and private buildings would decrease the long-term potential for water erosion. The construction of buildings, in conjunction with on - site storm drainage facilities to collect and divert stormwater collected on the site, would reduce existing water erosion associated with each respective site. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X Discussion: Construction of the public improvement projects would not have the potential to cause erosion that could modify any rivers or streams in the area. As discussed in "e" above, the types of projects to be constructed by the Agency would not change or increase area erosion that would result in the modification of any area streams or rivers. g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X Discussion: There are existing active faults in the region that currently affect development within the Project Area. The amendment of the Redevelopment Plan for Project Area No. I would not increase or decrease the number of people or the amount of property presently exposed to existing regional geologic hazards. People and property within the Project Area are presently exposed to these hazards and the exposure level would be the same with adoption of the Redevelopment Plan Amendment. The Agency could use tax increment revenue from the project area to construct public buildings and structures. All public buildings, structures, etc. constructed with Agency revenue as any project constructed within the City would be constructed in compliance with the Uniform Building Code to meet all applicable earthquake standards. Construction of the public improvement projects listed in the Plan Amendment would not expose people or property to geologic hazards. The public improvement projects 6 consist of street improvements, upgrading existing public facilities, upgrading or construction of storm drain facilities, etc. The construction of these types of Amok improvements would not expose people or property to geologic hazards that don't presently exist. 2. Air. Will the proposal result in a. Substantial air emissions or deterioration of ambient air quality? X Discussion: The construction of public improvement projects would result in the short-term emission of air emissions due to the operation of construction equipment and construction workers commuting to the construction site. Should implementation of the Plan Amendment result in additional private development within the Project Area there would be long-term air emissions associated with increased vehicular traffic, natural gas combustion to heat homes and off -site electrical generation emissions associated with the generation of electricity used in the Project Area. b. The creation of objectionable odors? X Discussion: There could be some odors associated with the construction of street improvements such as odors generated during the resurfacing of streets or laying of asphalt pavement, but these would be short-term odors that would occur only during the period of construction. None of the public improvement projects would generate any long-term objectionable odors because there are no odors associated with the types of projects proposed to be constructed. Private sector development that could occur in the Project Area due to implementation of the Plan Amendment also is not AM anticipated to create objectionable odors. IF c. Alterations of air movement, moisture or temperature, or any change in climate, either locally or regionally? X Discussion: The construction of the type of public improvement projects proposed to be constructed by the Agency would not change the existing climate or temperature in the Project Area. The construction of street improvements, installation of traffic signals, storm drain facilities and public and private buildings are not the types of projects that would change local climate or temperatures. 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X Discussion: None of the public improvement or private development projects anticipated to be constructed at this time would result in a change in existing water courses. The Agency may assist the City in constructing storm drain facilities that are needed in the Project Area to protect people and property from flooding. The storm drain facilities that may be constructed would be constructed along existing drainage courses and would not change, alter or divert stormwater from its existing major direction of flow. 0 b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X Discussion: The construction of public improvement projects within existing paved street right-of-way would not increase surface water runoff. The construction of public improvement projects that would cover the ground with an impervious surface would change absorption rates by increasing surface water runoff. The amount of additional runoff that would be generated and its impact would depend upon the area covered by impervious material and the ability of area storm drain facilities to adequately accommodate the increased runoff. Private development within the Project Area would also increase the amount of surface water runoff. Construction of buildings, streets, parking area, etc., would decrease stormwater absorption and increase runoff. An increase in stormwater runoff could impact existing storm drain facilities in the area and the City. c. Alterations to the course or flow of flood waters? Discussion: At this time it is not anticipated that the public storm drain improvement projects the Agency may assist the City in constructing would result in changing or alternating existing course of flood waters. All future storm drain improvements are anticipated, at this time, to be constructed within existing flood water courses. Change in the amount of surface water in any water body? X Discussion: An increase in development would reduce the amount of land available to absorb rainfall. A significant increase in development in the Project Area would increase the amount of water directed to area drainage facilities. Depending upon the amount of development and the resulting increase in runoff, the additional water runoff could increase the amount of surface water in area storm drain facilities and water bodies such as the Whitewater Channel. e. Discharge into surface waters, or in any alterations of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X Discussion: The construction of public work projects is not anticipated to impact local water quality. The construction of the public work projects would not discharge materials that could impact local surface water quality. There could be some discharge of sediments into local water bodies during project construction if projects are constructed during the winter months when rainfall occurs. It is not anticipated that public improvement projects would be constructed during the rainy season, therefore, impacts to local surface water quality are not anticipated to occur, or would be minimal. f. Alteration of the direction or rate of flow of ground waters? X 8 0 Discussion: None of the public improvement projects are anticipated to result in the alteration or direction of flow of existing ground water. The public improvement projects listed in the Plan do not include altering existing ground water. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X Discussion: As stated in "f" above, none of the public improvement projects would affect ground waters through either additions or withdrawals. The construction of projects such as the upgrading of sewer and water lines, construction of storm drain improvements or construction of public buildings should not require cuts or excavations into local aquifers. The excavation associated with construction of the public improvement projects should be shallow and not require extensive dirt removal that could extend into an aquifer. h. Substantial reduction in the amount of water otherwise available for public water supplies? X Discussion: The construction of public improvement projects would not substantially reduce public water supplies. If construction of public improvement projects results in private development, public water supplies would be reduced, however. The significance of the reduction in public water supplies due to private development would depend upon the amount and type of development and the ability of the existing water supply to adequately serve the new development. i. Exposure of people or property to water related Ah hazards such as flooding or tidal waves? X VJF Discussion: The adoption and implementation of the Plan would not expose people or property to any greater flooding hazards than presently exist. Implementation of the Plan Amendment could reduce the number of people and property exposed to existing flooding if the Agency is able to assist the City in constructing needed storm drain improvements that would reduce flooding potential in the Project Area. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops and aquatic plants)? X< Discussion: The construction of public improvement projects could change the diversity or number of plant species if projects are constructed on property with existing vegetation. Should the Amendment encourage private development it also could result in the change in both the diversity and number of plant species in the Project Area if the private development occurs on property with existing vegetation. b. Reduction of the numbers of any unique, rare or endangered species of plants? - X Discussion: There is an endangered plant species in the Project Area. Development within the Project Area, either through the construction of public or private development, could reduce the number of the endangered plant species which is the California Ditaxis. c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X Discussion: New plant species could be introduced to the area in association with landscaping that may be planted in conjunction with new development. Development within the Project Area could serve as a barrier to the replenishment of existing plant species, including endangered and non -endangered plants. d. Reduction in acreage of any agricultural crop? X Discussion: The construction of public improvement projects is not anticipated to reduce existing acreages of agricultural crops. However, adoption and implementation of the Plan Amendment could encourage private development in the Project Area. The private development of property in the Project Area could result in the reduction of agricultural crops if agricultural land is developed. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X Discussion: The construction of public improvement projects is not anticipated to change either the diversity or numbers of animal species in the Project Area because construction of public improvements is anticipated to occur within developed areas. If construction of public improvement projects results in the private development of property in the Project Area, there could be a change in the diversity and number of animals due to a loss of habitat. b. Reduction of the numbers of any unique, rare or endangered species of animals? X Discussion: Since there are endangered animal species in the Project Area the construction of public improvement projects and private development could reduce the number of endangered animal species if endangered animal species are present. The construction of public improvements such as storm drain facilities could result in the loss of both habitat and animal species. The fringe -toed lizard, an endangered species, could be impacted by development in the Project Area. The City currently collects a fee of $600 per acre for private development that is used to preserve and acquire fringe -toed lizard habitat. Future private development in the Project Area will be required to pay the fees as applicable. Public projects are exempt from the fee. 10 c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X Discussion: The adoption and implementation of the Plan Amendment does not propose and would not result in the introduction of new animal species. The private development of property in the Project Area could serve as a barrier to animal migration, depending upon the location of the development and whether or not a site is used as a migration route by animals. d. Deterioration to existing fish or wildlife habitat? X Discussion: The construction of public improvements would not impact fish habitat since there is not any fish habitat in the Project Area. The construction of storm drain improvements and private development could remove existing wildlife habitat. The fringe -toed lizard, an endangered species, could be impacted by development in the Project Area. The City currently collects a fee of S600 per acre for private development that is used to preserve and acquire fringe -toed lizard habitat. Future private development in the Project Area will be required to pay the fees as applicable. Public projects are exempt from the fee. 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X Discussion: The construction of public improvements would not result in long-term increases in existing noise levels. The construction of public improvements could result in the private development of property which would increase vehicular traffic with a subsequent increase in traffic noise. There would also be an increase in short- term noise levels during construction of both public and private projects. The increase in noise levels during construction would be due to the operation of construction equipment on site and the delivery of supplies to the site. b. Exposure of people to severe noise levels? X Discussion: It is not anticipated at this time that adoption and implementation of the Plan would result in people being exposed to severe noise levels. None of the public improvement projects anticipated to be constructed at this time would result in people being exposed to severe noise levels. 7. Light and Glare. Will the proposal produce new light or glare? X Discussion: The construction of most of the public improvement projects would not generate new light or glare. However, the construction of public buildings and the installation of traffic signals would produce new light and glare to the area. Should the Agency construct new low and moderate income housing, new sources of light and glare would also be generated. The development of additional uses in the Project Area by the private sector would also produce new sources of light and glare due to lighting associated with new development. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? _ X Discussion: The proposed Plan Amendment would not change land use designations for land in the Project Area as identified by the City's General Plan. The construction of public improvement projects could encourage the private development of property in the Project Area. The Amendment could encourage development of property sooner than without the adoption of the Plan Amendment. If development occurs sooner than anticipated the existing land use characteristics of the Project Area could substantially change from the existing land use characteristics, but the I use designations currently designated by the General Plan would not changt Ath Amendment adoption. 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X Discussion: The construction of the public improvement projects listed in the Plan Amendment would not increase the rate of use of natural resources. There would be some natural resources consumed during the construction of the public works projects. However, the amount of the resources consumed during construction would not significantly impact existing natural resource supplies or the rate of their use, either during construction or after project completion. b. Substantial depletion of any nonrenewable natural resource? X Is Discussion: Based on the types of both public and private projects anticipated to be constructed in the Project Area, there would not be a substantial depletion of nonrenewable resources. The construction of projects would result in the consumption of nonrenewable resources, but consumption is not anticipated to be any greater than typically associated with similar projects. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions? X Discussion: There would not be hazardous substances associated with the construction of the public improvement projects listed in the Plan Amendment or development of private projects as envisioned at this time. There would not be any risk of explosions associated with the construction of public improvement or private projects as well. b. Possible interference with an emergency response plan or an emergency evacuation plan? X 12 is Discussion: The types of public improvement projects listed in the Plan Amendment are not anticipated to have impacts on any emergency response plans. Adoption of the Plan Amendment and construction of public improvements could possibly improve emergency response if streets and other City facilities are improved and allow better emergency response throughout the Project Area. 11. Population. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? X Discussion: The Agency must set aside at least 20 percent of all tax increment received from Project Area to preserve and provide housing.for low and moderate income families. If the Agency uses the tax increment to construct new housing there could be increase in the number of people moving into the City to occupy these units. Although it is anticipated that there would not be a large number of low and moderate income residential units constructed there could be an increase in the number of people moving into the Project Area if new units are constructed. 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X Discussion: The use of tax increment from the Project Area by the Agency to increase, improve and preserve housing for low and moderate income families will affect housing in the Project Area. In order to provide additional housing for low and moderate income families, the Agency could subsidize existing housing rents, convert existing units to low and moderate units or construct new units. Depending upon the number and the type of units the Agency provides, there could be impacts on the existing housing stock in the City. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X Discussion: The construction of the public improvement projects listed in the Plan Amendment is not anticipated to generate additional traffic trips or impact existing transportation systems. The resurfacing of existing streets and other street improvements that would improve traffic and circulation flow and reduce congestion would actually have positive impacts to the City and traffic in the Project Area. If the Agency constructs additional low and moderate income housing either in the Project Area or the City, there would be additional traffic generated. The construction of public improvement projects could encourage the private development of property in the Project Area. Development would result in the generation of traffic that could be substantial, depending upon the amount and type of new development. b. Effects on existing parking facilities, or demand for new parking? X Discussion: The construction of public improvement projects would not affect existing parking facilities or create a demand for new parking. The subsequent 13 development of property in the Project Area by the private sector would increase the demand for parking which could affect existing parking or create a demand for new parking. c. Substantial impact upon existing transportation systems? X Discussion: The construction of the public improvements projects listed in the Plan Amendment is not anticipated to generate additional traffic trips or impact existing transportation systems. The resurfacing of existing streets and other street improvements that would improve traffic and circulation flow and reduce congestion would actually have positive impacts to the City and the Project Area. However, if the construction of public improvement encourages the development of property in the Project Area by the private sector the increased traffic that may result could impact the existing transportation system. d. Alterations to present patterns of circulation or movement of people and/or goods? X _ Discussion: The construction of the public improvements projects listed in the Plan Amendment is not anticipated to generate additional traffic trips or impact existing transportation systems. The resurfacing of existing streets and other street improvements that would improve traffic and circulation flow and reduce congestion would actually have positive impacts to the City and the Project Area. The construction of the street improvement projects could result in some people changing present circulation patterns to travel roadways that may become less congested after construction of street improvements. The development that could occur in the Project Area by the private sector could result in a change in present traffic patterns by residents. e. Alterations to waterborne, rail or air traffic? X Discussion: There are not waterborne, rail or air traffic transportation facilities in the Project Area or in the immediate vicinity that would be impacted with adoption and implementation of the Plan Amendment. I. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X Discussion: The construction of the public improvement projects listed in the Plan Amendment is not anticipated to generate additional traffic trips or impact existing transportation systems. The resurfacing of existing streets and other street improvements that would improve traffic and circulation flow and reduce congestion would actually have positive impacts to the City and the Project Area. There could be short-term traffic hazards during the construction of public improvements within street rights -of -way. Construction within street rights -of -way could require the temporary closure of bicycle paths and sidewalks requiring bicyclists and pedestrians to find alternative routes during construction which could increase potential traffic hazards. The alternative routes could increase the traffic hazards to people using the alternative routes. 14 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X Discussion: The adoption of the Plan Amendment could improve the existing fire protection services for residents and businesses in the Project Area. The receipt of tax increment revenue from the Project Area would allow the Agency the ability to provide additional fire protection facilities and/or equipment, depending upon the amount of revenue the Agency has and the need for additional fire protection facilities. The Plan Amendment could have a positive impact on fire protection services if the Agency is able to provide additional needed fire protection facilities and/or equipment and improve the level of fire protection for residents and businesses. The private development that could indirectly occur in the Project Area due to adoption of the Plan Amendment could impact fire protection services by increasing the demand on fire protection facilities. b. Police protection? X Discussion: The adoption of the Plan Amendment could improve the existing police protection services for residents and businesses in the Project Area. The receipt of tax increment revenue from the Project Area would allow the Agency the ability to provide additional police protection facilities and/or equipment, depending upon the revenue the Agency has and the need for additional police protection facilities. The Plan could have a positive impact on police protection services if the Agency is able to provide additional needed police protection facilities and/or equipment and improve the level of police protection for residents and businesses. The private development that could indirectly occur within the Project Area due to adoption of the Plan Amendment could impact police protection services by increasing the demand on police facilities. c. Schools? X Discussion: The use of set -aside revenue to increase, improve and preserve low and moderate income housing could generate additional students to area schools. If the Agency constructs new units the families occupying the new units could have children that would attend area schools. However, if the set -aside revenue is used to subsidize existing units or convert existing residential units to low and moderate units, there may not be additional students generated to area schools. Should private development occur in the Project Area due indirectly to adoption of the Plan Amendment, there would be additional students generated to area schools. The generation of additional students could impact the ability of area schools to adequately serve those students. d. Parks or other recreational facilities? X Discussion: The adoption of the Plan Amendment could allow the Agency the ability to provide funding towards developing additional park or recreational facilities that could serve Project Area residents. The tax increment the Agency would receive from the Project Area would allow the Agency the ability to upgrade and improve existing park and recreational facilities that currently serve the residents or provide new facilities resulting in positive impacts for residents. 15 The development of additional low and moderate income housing units could create a demand for additional park facilities in the Project Area. If new units are • constructed the residents occupying the units could create the demand for additional recreational facilities or impact existing facilities. The private development of property in the Project Area due indirectly to adoption of the Plan could result in an increased demand on public park and recreational facilities. e. Maintenance of public facilities, including roads? X Discussion: The adoption of the Plan Amendment could provide revenues that could be used by the Agency to improve maintenance of existing public facilities. The Agency could assist the City in providing a better level of service and maintenance of public facilities serving the Project Area due to adoption of the Plan Amendment. f. Other governmental services? _ X Discussion: Other governmental services such as libraries, community programs and services, etc. could be improved by providing facilities with the revenue that could be generated from the Project Area. Depending upon the amount of revenue available and the types of governmental services needing assistance, the Agency may be able to improve some governmental services. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X Discussion: The adoption of the Plan Amendment would not result in the use of substantial amounts of energy. Most of the public improvement projects would not use energy over the long-term. Some fuel and electricity would be used during the construction of the public improvement projects, but the consumption would be insignificant and only occur during the short-term construction period. The development of public and private buildings would result in increased consumption of fuel and energy but the additional consumption is not anticipated to be substantial because new construction is not anticipated to be different than the existing development in the Project Area. b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X Discussion: None of the public improvement projects included in the Plan Amendment would significantly increase the demand for existing energy or create a need to develop new sources of energy. The projects listed in the Plan Amendment include street paving, upgrading sewer and water lines, construction of storm drain facilities and other public work projects. These types of projects would not substantially increase demands on existing energy sources or require new energy sources to be developed. 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 16 a. Power or natural gas? X Discussion: The construction of public improvement projects would not require the need for new systems of electricity or natural gas. The private development of property in the Project Area due to adoption of the Plan Amendment could require the extension of existing facilities to serve some new development. b. Communication systems? X Discussion: The construction of public improvement projects would not require the need for new or substantial alterations to existing communication systems. The public improvement projects listed in the Plan Amendment would not require communication systems as part of the project. The future development of private projects in the Project Area could require the extension of existing facilities or the construction of new facilities if development occurs in an area where facilities presently are not available. c. Water? X Discussion: The public improvement projects listed in the Plan Amendment include upgrading of existing water lines in the Project Area. 'The construction of new water lines and the upgrading of existing lines would result in positive impacts to residents and businesses in the Project Area. The benefits would be improved water availability and fire flow. Upgrading the water distribution system in the Project. Area could encourage private development. Increased private development could require the need to construct new ® water distribution systems or extend the existing system to the development projects. d. Sewer or septic tanks? ._ X Discussion: The public improvement projects listed in the Plan Amendment include the upgrading of existing sewer lines. The upgrading of existing sewer lines or the construction of new sewer lines would have positive impacts to both residents and businesses in the Project Area by improving sewer services. The upgrading and extension of the sewer collection system could encourage private development within the Project Area. Increased private development could create a need to construct additional sewer collection systems by extending the existing system to serve new development. e. Storm water drainage? X Discussion: The proposed Plan Amendment includes projects to upgrade and construct new storm drain facilities to protect people and property from flooding. The construction of storm drain facilities that would protect people and property from the threat of flooding would have positive impacts. The construction of storm drain improvements that removes property from the threat of floods could encourage development of property that is not prone to floods. Therefore, the construction of storm drain facilities could indirectly encourage development within the Project Area. f. Solid waste and disposal? X Ak 17 Discussion: Adoption and implementation of the Plan Amendment would not directly result in an impact on solid waste service or increase the amount of solid waste taken to area landfills. However, indirectly there would be additional solid waste taken to area landfills. One source would be construction debris due to the construction of public improvement projects. The types of construction debris would include dirt, rocks, chunks of pavement, wood, etc. The second source would be household and business solid waste due to the potential increased development of these types of uses anticipated to occur in the Project Area. The development of additional residential and business uses would generate increased volumes of solid waste taken to area landfills. Although the City has curbside recycling and participates in the Coachella Valley Association of Governments regional Source Reduction Waste Element, the City would have to reduce the solid waste volume accordingly to comply with State of California solid waste reduction laws. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X Discussion: Adoption and implementation of the proposed Plan Amendment would not include projects that could create health hazards. The activities proposed in the Plan Amendment include the potential development of needed public improvements, and the possible assistance to various governmental agencies with improving their respective services. There would not be potential health hazards associated with constructing the public improvement projects or improving governmental services. b. Exposure of people to potential health hazards? _ X Discussion: Adoption and implementation of the proposed Plan Amendment would not include projects that could create health hazards. The activities proposed in the Plan Amendment include the potential development of needed public improvements and assistance to various governmental agencies with improving their respective services. There would not be a potential for exposure of people to health hazards with implementation of the Plan Amendment based on the types of public projects listed in the Plan Amendment. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X Discussion: The construction of the public improvement projects listed in the Plan Amendment is not anticipated to obstruct scenic vistas or create aesthetic impacts. The types of projects listed in the Plan Amendment that could be constructed in the Project Area by the Agency include street improvements, sewer and water line improvements, storm drain facilities, etc. Most of these types of projects could be constructed within existing street right-of-ways and in many cases the facilities would be constructed underground and would not have aesthetic impacts. The construction of public improvements could encourage private development of property in the Project Area. Private development could have potential aesthetic impacts, depending upon the project, its location and the type of structures developed. The City currently reviews all development plans for potential aesthetic impacts and incorporates appropriate measures into projects as necessary to reduce aesthetic impacts. The City will continue this procedure for all development with the Plan Amendment. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X Discussion: The adoption and implementation of the Plan Amendment could have positive impacts on park and recreational facilities in the Project Area. If the Agency is able to assist the City in providing additional park and recreational facilities in the Project Area or improve the maintenance of existing facilities, there could be a positive impact for area residents. The use of tax increment revenue to increase low and moderate income housing in the City could have indirect impacts on existing park facilities. If the Agency constructs units and new residents occupy these units, the increased demand on existing recreational facilities could have an impact on those facilities. Should the construction of public improvements listed in the Plan Amendment encourage the development of private projects in the Project Area, there would be increased demand on existing recreational facilities. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X Discussion: There are known cultural resources in the Project Area. The construction of public improvements could alter or destroy existing archaeological resources. The private development of property that could occur in the Project Area with Plan Amendment adoption could also result in an alteration or destruction of archaeological resources during excavation and grading of new projects. b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X Discussion: There are known historical buildings within the Project Area. The construction of public improvement projects is not anticipated at this time to require the demolition or relocation of existing historically significant buildings. However, future private development within the Project Area could potentially impact historical buildings if private development proposes new development on sites that include historical buildings. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X 19 Discussion: If construction of either public or private projects would result in the removal of existing archaeological artifacts or historically significant buildings, there could be a potential for cultural values to be affected. is d. Will the proposal restrict existing religious or sacred uses within the potential impact area? }( Discussion: It is not anticipated at this time that the list of public improvement projects, if constructed, would restrict existing sacred or religious uses in the Project Area. At this time it is not anticipated that private development within the Project Area would restrict existing religious or sacred uses. 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X Discussion: The construction of public improvement projects listed in the Plan Amendment are not anticipated to substantially impact the plant and animal communities that presently exist in the Project Area. However, increased private development could occur due to construction of public improvements which could result in the removal of plant and animal species and habitat that could be impacted. b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). X Discussion: The adoption of the Plan Amendment would allow the Agency the ability to assist the City in constructing needed public improvements which would achieve short-term Agency and City goals. However, the construction of the public improvements could encourage private development in the Project Area which could have long-term impacts. c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). X 20 Discussion: The construction of some of the public improvement projects could cumulatively have environmental effects on the environment. The improvement of roadways, upgrading and/or extension of sewer and water lines, construction of storm drain facilities, etc. could encourage additional redevelopment in the Project Area. Should the construction of Agency sponsored improvement projects encourage additional development in the Project Area, the cumulative impacts that could occur with additional redevelopment could result in various types of cumulative environmental impacts. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion: The construction of public works projects and improved public services in the Project Area should have positive effects on Project Area residents and the City. The construction of street improvements, storm drain facilities, improved governmental services, etc. would reduce the adverse environmental effects that may currently exist for residents at this time and are not anticipated to directly or indirectly affect human beings. III. Discussion of Environmental Evaluation (Narrative description of environmental impacts is provided above) IV. Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be significant effect in a this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required WFebruary 24, 1994 ��0` Date Sign For City of La Quinta 21 i SAN BERNARDNO COUNTY RIVERSIDE COUNTY DESERT HO�SQRINGS JOSHUA TREE NATIONAL MONUMENT North Palm Springs O Sky Valley O N Garnee \ Desert Haven •� CATHEDRAL CIT w+wzR • RANCHO MIRAGE • PALM DESEF L— Thousand Palms �. LA Pinyon P—� OMea mj I I I SAN LINO NATIONAL FOREST t SOURCE: THOMAS BROTHERS MAPS PROJECT AREA COACHELLA Flowing SCALE: 1' = 4 112 MILES TITLE REGIONAL MAP Ir APPENDIX B NOTICE OF PREPARATION RESPONSES STATE OF CALIFORMA PETE WILSON, Governor GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 Nl�.k i y jyy-; DATE: March 8, 1994 TO: Reviewing Agencies RE: LA QUINTA REDEVELOPMENT PLAN AMENDMENT TO PROJECT AREA 1 SCH# 94032027 Attached for your comment is the Notice of Preparation for Responsible agencies must transmit their concerns and comments on the scope and content of the NOP, focusing on specific information related to their own statutory responsibility, within 30 days of receipt of this notice. We encourage commenting agencies to respond to this notice and express their concerns early in the environmental review process. Please direct your comments to: JERRY HERMAN LA QUINTA REDEVELOPMENT AGENCY J 78-495 CALLE TAMPICO LA QUINTA, CA 92253 g with a copy to the Office of Planning and Research. Please refer to the SCH number noted above in all correspondence concerning this project. If you have any questions about the review process, call Mari Lemos at (916) 445-0613. in,Pereiy; V�Vi %Ir M hael Chiriatti, Chief, State Clearinghouse cc: Lead Agency E ti e 11 ;. ❑ ❑ - ❑ o:ZaNvpS aNnO j. _'; o cmn a:op � U�Ova PR�sa U'a,en_F �nStiC V nGm mn"�+ �n";O nG_ m❑ >= Ny •F�o Y � Y � �A 3a 3 g 3 25 ° u a 3 3 J4,4El El El �I= II I� , rn � 'yOdo00 =YC G;F YHv!1 C• y'r jC� 'r _yu ,• 0 u ' - >-' A�_ >0 O 1.ni "8% aNn 4 �" �' iN> A i � tiay 2 ❑ 31 ❑ ❑ ❑ %X'�KL ❑ s 9Sr^`i� N°% Oi,!>mme 7j�a r9tlt s1 Ssn0s QusR'3� $7T°°❑yg'n2% c.3 _❑;mo,,E>7> o'0=❑2 -'y>Qp ?o,a ` uH a > Fp> ❑;f Xsn+6 3 �- �rC, 8 ,', CC ram••-VN �°D nj __-° _ < 7n nm� >n3� inn a > >�': i D'n1 i•o> o i � -_-. o° O - 3 - - 2V, -,n_ Nunn -„r - _rs ° � ., _ � ` O jV YC.o m? 2" j _ x Tn ^Na •l ^< -� n T L ❑ ❑ ❑ ❑ XL'< ❑ ❑_ ❑a ❑ ❑ -r�tn.0 a�:FC_v a^CpNa P^Op�F a�m^Y a^o>e m amo0 apCo n 7a a $�. ' oa,e i 9 eo g y - a <G> �• �_�=5 a��e^ �n o Hoy �a, -av;v Q oo u`�� °� m co4�'n o� co O� ± ao52v t, a=rn a 1 $ = of O T��pn as"r O amr+n "far mown uCr�m a;M2 f = �c$> QX$m o 0 m oK.o> S P^32 ?w�Qmno2 ,50 gr+S i z iv =etm 7 2 07 a 2 ["3 � o.Kpr -r 9n n or, 7 �� a =� nCm >A> Fli a ,•�' Pt_�tn PI n-O "'Y D� r naa �" a > inn �oa� i� q E f-lAF O^ '9.1 1_:Oc TO GOUERNOR'S OFFICE FR'ON SF"c 414 E.EO 092Ci T-351 P.02 Notice of Completion Appe"x I Mail w Sum Clunn`haue.1400 Tenth Steal, Sacramemo. CA 9"5814 9161445.0613 ProjectTltdat LA QUINTA REDEVELOPPIENT PLAN AMENDMENT TO 8CH88403200 LAWAgeney: LA OUINTA REDEVELOPMENT AGENCY Centaospiaac JERRY MERMAN ScutAddrat: 73-495 CALLE TAMPICO ,horn: (619) 564-2246 Citv: LA QUT_NTP. Zip: 92253 cousisr, RIVERSIDE Project Location Coumr. ,RI%1KRSTDr Csty/Nursu C.amunit>: - LA OTIINTA Cw$$Sareeu:THROUGHOUT SOUTHERLY PORTION OF CITY TotalAarw: 11,200 A►susar'sParcelNo, N/A Saw= N/A Tw•p. N/A Range: N/A Daw N/A %thM2MOts: SuwHwyt. l W&WMgg:l)HITEWATER RIVER. ALI, AMERICAN CANAI Airimu. BERMUDA DUNES Rwsveyt: SOUTHERN PACIF�o4: 6 THEP?UAL AIRPORT Document Type CEQA: ❑NOP ❑StiWiemenVSuhsequnu NHPA: ❑NOI Other: ❑1owDuoument ❑ Early Cmv ❑ EIR (Pnor SCH No.) ❑ EA ❑ F•mai DoeWAftt ❑ Neg Dec ❑ Other ❑ Draft EIS ❑ Otha Draf: EIR ----------------------------- ❑ FONSI Local Action Type Ganes! Plan Update ❑ Spaeiftc Plan ❑ Rasone ❑ Armuadoe General Plsn Ammdment ❑ Muter Plan [3 Praan }',}.Redavdvpusnt ❑ Gewu Pun Elamen; ❑ Plamw4 Urut Drvtleprrwnt ❑ Use Molt ❑ Coastal P [] Commsu:y Pia: ❑ Site Plan C] land Division (Subdivision. ❑ other—owl" ®---------------------------------------- Paroag Map, Tract Map, W-) Development Typo U Ruidenual. V�; Aersr ❑ Wanes Fetibliu: Type MQD OfGCa Sq f Aceet Finployur ❑ Trsew wu&ion: Type ❑ Commeretal. Sq f Acro bvioycej ❑ Mining: mmwat ❑ Udusete) Sq;t Acry Enyebreer ❑ Power. Type Want C Educ mitj C] Waste Ttsearwee : Type ❑ RecTtauma: _ Huudom Wwra:TyPe J�_ SOWar. AMEND EX1. 1. —— — — — — — — — — — — — PROJi:CTS _ Project Issues Discussed In Document ❑ A&UMOOVuual ❑ flood PlwA-locding ( SchoriblUi ivanaks ❑ WSW 0"Ury ❑ AfmcWocai Land ❑ Forest LandJFw Huard ❑ Sepaie Sysionu Q Waur Svpply/OmtoWvue S Au Qualtry C. Gwiogic/Setmuc Ea Swat capmry ❑ Watiand/Ripanan CJ ArchsalopmMutoriLl ❑ Minerals ❑ Sail 11risawaiCampardw4godag ❑ Wt7mtt' e ❑ Coastal Tow Cj Noise []Salle Wean OMWLh Inducing �j Druntge/Abscrt;6on j;} Pop Alwommotrmtg Ralsaw ❑ TeaieMundetr ® Loadtaa p Eooetoatte/lot s ] PuelK SarvtonlFwasun Q boa+ Q curmaldes ERseo ❑ Fiscal M Reereatmn/Par4s Q vogetsdors ❑ Dow Ptssent Land UwlZoningtGsnsral Plan Uss PER THE CITY'S EXISTING GENERAL PLAN DESIrt'.ATIONS --------------- — Project Description A::E',.D THE EXISTI?:G REDEVELOPMENT PLAN FOR PROJECT AREA ?IO. 1 TO ADD PUBLIC IMPROVEMENT PRo JECTS, INCREASE THE AMOUNT OF DEBT TEE AGENCY CAN INCUR AND THE EXTEND THE LIFE. OF THE PLaF. f1AF L.7 'S_i i2:25 TO GUt_JEF17iiF•.o OFFIIE FF'QPI SF'_ 714 6EC1 0920 ter- T-351 P.03 Reviewing agencies Checklist �Rasouress Agency __.Basting A Wuaways ,Consul Commission —Coastal Cwtsc vsmy _Colorado River Board __Conservation �Fuh A came _Famory `:�a_omoe of Historic Pnesrvuion ��LPorts' A Recreaoon _._,_Rectassutfon ,—S.F. Bay Conservation A Development Commdction _Water Resources (DWR) euslnesa, Tnnaportation i Housing —Aervnauucs _California Highway Patrol ���CALMANS District v A _Deisutment ofTransponauon Planning (hcadguanen) _hurting A Community Development Food i Agriculture Health 4 Welfare AOL+ HeAlth Services qr State a Consumer Services __Goners! Serrica _Ole (Scto,�L•; gRy S m Document sent by lead airy X o Document sent by SCH / • Suggested distribution Emrlronmantal Affairs Air Resources Bond �W MD _Cwifomia Waste Msmgcmcnt Board .. _ _SWRCB: Cieam Water Grants e�WRCB: Delta Una _SWRCR: WawQuality �SWRCB: Wata Rights �y_RegiortalWQC8/�, fCOLOFI,DO RIVEF� Youth A Adult Corrmlons Independent Commissions & offices ^,Energy Commission __Naive American Heritage Commission Public rJuliues Commission _Sinn Monica Motunuunit Conservancy !State Lands Commission _Tahoe Regions! Planning Agency _Other ---------------------------------- PUblle Review Period (ter be filled in by lead agency) Suring DUC Signaure Lead Aoeney (Complete 11 aApjC&W): Consulting Firm: r�TFVrTITSMT PnPTO Address:1.$195 ­-r)T'Pt4nTm Pr STgTj IT+r.+rr City/Su,M,: IP.V:NE, CALIFORNIA 92714 Cancel PRIL MAPTIN PlsotrCf ?141 660-8822 Appllcantt LA CUINTA REDEVELOPMENT AGF Addrt=: _7R-411� C-AT.T.F. TA',VPTnU Cdy/Ststemp: LA Q'JINTA, CA'. 92253 prep (6i!, 564-2246 - - Ending Due Date For SCH Use, Odys Dale Received at SCH Date Review Sorts Due to Ageneia DWI* SCH Clearance Date Noses: Reva"d rkreM too STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Gvwm r DEPARTMENT OF FISH AND GAME 330 GOLDEN SHORE, SUITE 50 LONG BEACH, CA 90802 (310) 590-5113 March 23, 1994 e tf:s MAR 2 8 199ti Mr. Jerry Herman L 1 Planning and Development Director GIr' ;;,, ;t, _,• La Quinta Redevelopment Agency P A 78-495 Calle Tampico La Quinta, California 92253 Dear Mr. Herman: Notice of Preparation of a Draft Environmental Impacat Report Amendment to Redevelopment Plan for La Quinta Redevelopment Project Area No. 1 Riverside County - SCH 94032027 The Department of Fish and Game (Department) appreciates this opportunity to comment on the above -referenced project, relative to impacts to biological resources. To enable Department staff to adequately review and comment on the proposed project, we recommend the following information be included in the Draft Environmental Impact Report: 1. A complete assessment of the flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species and sensitive habitats. a. A thorough assessment of rare plants and rare natural communities, following the Department's May 1984 Guidelines for Assessing Impacts to Rare Plants and Rare Natural Communities (Attachment 1). b. A complete assessment of sensitive fish, wildlife, reptile, and amphibian species. Seasonal variations in use of the project area should also be addressed. Focused species -specific surveys, conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Acceptable species -specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. C. Rare, threatened, and endangered species to be addressed should include all those which meet the California Environmental Quality Act (CEQA) definition (see CEQA Guidelines, S 15380) Mr. ,Jerry Herman March 23, 1994 Page Two d. The Department's California Natural Diversity Data Base in Sacramento should be contacted at (916) 327-5960 to obtain current information on any previously reported sensitive species and habitat, including significant Natural Areas identified under Chapter 12 of the Fish and Game Code. 2. A thorough discussion of direct, indirect, and cumulative impacts expected to adversely affect biological resources, with specific measures to offset such impacts. a. CEQA Guidelines, 5 15125(a) directs that knowledge of the regional setting is critical to an assessment of environmental impacts and that special emphasis should be placed on resources that are rare or unique to the region. b. Project impacts should also be analyzed relative to their effect on off -site habitats and populations. Specifically, this should include nearby public lands, open space, adjacent natural habitats, and riparian ecosystems. Impacts to and maintenance of wildlife corridor/movement areas should be fully evaluated and provided. C. A cumulative effects analysis should be developed as described under CEQA Guidelines, § 15130. General and specific plans, as well as past, present, and anticipated future projects, should be analyzed relative to their impacts on similar plant communities and wildlife habitats. 3. A range of alternatives should be analyzed to ensure that alternatives to the proposed project in this area are fully considered and evaluated. A range of alternatives which avoid or otherwise minimize impacts to sensitive biological resources should be included. Specific alternative locations should also be evaluated in areas with lower resource sensitivity, where appropriate. a. Mitigation measures for project impacts to sensitive plants, animals, and habitats should emphasize evaluation and selection of alternatives which avoid or otherwise minimize project impacts. off -site compensation for unavoidable impacts through acquisition and protection of high -quality habitats elsewhere should be required. Mr. Jerry Herman March 23, 1994 Page Three b. The Department considers Rare Natural Communities as threatened habitats that are both regional and local significance. Thus, these communities should be fully avoided and otherwise protected from project -related impacts (Attachment 2). C. The Department generally does not support the use of relocation, salvage, and/or transplantation as mitigation for impacts to rare, threatened, or endangered species. Department studies have shown that these efforts are experimental in nature and largely unsuccessful. 4. If the project has the potential to adversely affect species of plants or animals listed under the California Endangered Species Act (CESA), either during construction or over the life of the project, a CESA-Memorandum of Understanding (CESA-MOU) must be obtained under Section 2081 of the Fish and Game Code. CESA-MOU's are issued to conserve, protect, enhance, and restore State -listed threatened or endangered species and their habitats. Early consultation is encouraged, as significant modification to a project and mitigation measures may be required in order to obtain a CESA-MOU. a. A Department -approved Mitigation Agreement and Mitigation Plan are required for plants listed as rare under the Native plant Protection Act. 5. The Department opposes the elimination of watercourses and/or their channelization or conversion to subsurface drains. All wetlands and watercourses, whether intermittent or perennial, must be retained and provided with substantial setbacks which preserve the riparian and aquatic values and maintain their value to on -site and off -site wildlife populations. a. The Department has direct authority under Fish and Game Code Section 1600 et. seq. in regard to any proposed activity which would divert, obstruct, or affect the natural flow or change the bed, channel, or bank of any river, stream, or lake. Departmental jurisdiction under Section 1600 et. seq. applies to all lands within the 100-year floodplain. Early consultation is recommended, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. b. A discussion of potential adverse impacts from any increased runoff, sedimentation, soil erosion, and/or urban pollutants on streams and watercourses on or near the project site, with mitigation measures proposed to alleviate such impacts. Mr. Jerry Herman March 23, 1994 is Page Four Thank you for this opportunity to comment. Questions regarding this letter and further coordination on these issues should be directed to Attachments Mr. Kevin -Barry Brennan Department of Fish and Game Idyllwild, California Mr. Michael Giusti Department of Fish and Game Chino, California Ms. Dee Sudduth Department of Fish and Game Jamul, California Ms. Kim Nicol Department of Fish,and Game Indio, California Office of Planning and Research State Clearinghouse Sacramento, California U.S. Fish and Wildlife Service Carlsbad, California U.S. Army Corps of Engineers Los Angeles, California cc: Sincerely, red Worthle Regional Manage' � Region 5 State of California THE RESOURCES AGENCY mpartment of Fish and G►ma MeY 4 GUIDELINES FOR ASSESSING THE EFFECTS OF PROPOSED ® r 1TiE5 DEVELOPMENTS ON RARE AND ENDANGERED PLANTS AND PLANT COMMUN should be considered Qualifiedfined Conduct I The following recommendations are intended to bell) those who prepare and review ism"fortmto enut documents deter n' fielder c surveys should be conducted and 3tW information should be eo^v n the such surveys. Ca-. i survey report mmunit)es. Rare and t. Botanical surveys that are ed conducted to determine the red plants an effects o apropos development should be directed to all rare and endangered plants and plant CO endangered Plants are not necessarily limited to those apeeiet which have lbeen ble dssted' by state hould include any sPecies tML based o and federal agencies but sn all available au,'ea^ be shown to be rare sndlor endangered under the followingdefink)ons. of its ►UMVal and A species, subspecies or variety of plant k endangered' when the prospects ,rare' f whentat, change , although reproduction are in immediate ydcompetition or disfrom one or more ease, Aiplant Is Ik es wh n, alp h soup) In habitat, over exploitation, predation. the species, subspecies or variety not presently threatened with extinction, endangered H its environment worsens• numbers throughout its range that k may be Rare plant communities are those communities that are of highly limited distribution. These comCalifornia i ies al Diversity Data Bases Outline of of may not contain fare or Tendangeered rrestrialcCommuntessineGEfomiarmay beof d° used as a guide to the names of communities. lams y, his appropriate to conduct a botanical field survey to determine if. or the extent that. fare p will be affected by a Proposed Project when: potential a, Based on an initial biological assessment. it appears that the project may damage Do rare plant habitat b. Rare plants have historically been identified on the project site, but adequate Mfortnation for impact assessment is tacking; or C. No initial biological assessment ties been conducted and it is unknown whether or not rare plants or their habitat exist on the Site. Qualifications 3. Botanical consultants should be selected on the basis of possession of the following (in order of importance): stigator with experienceb field sampling design and a, Experience as a botanical field inve field methods; b. Taxonomic experience and a knowiedge of plant et:0109Y: e, Familiarity with the plants of the area, including fall specie'; and d. Familiarity with the appropriate state and federal sutures elated 19 fan Plants and plant i collecting. red species that 4. Fiei8 surveys should be conducted in a manner that wal bate shy be end►rtge may be Present. Speciricalty, are or endangered Plant surveys •eVldent' r r time of year when fare or endangered specks are Dothknown nowerin9 a Conducted at the i Proper and identifiable. Field surveys should be�he ut Oev►IoPrr+ant rout � de hs+eeess°rY � periods, sndlor (2) during periods of Phe op identify the Dent sPecies of concern• . Ob. Floristic in nature. "Predictive surveys' (which predict the occurrence of rare species based on the occurrence of habitat or other physical features rather than actual field inspection) should be for impact assessmnt. Every pecies noted in the field should dbe idenfor tified toogical sthe extenttnece necessary to determine whether it is rare or endangered. C. Conducted in a manner that is Consistent with conservation ethics. Collections of rare or suspected rare species (voucher specimensl should be made only when such actions would not jeopardize the continued existence of the population and in accordance with applicable state and federal permit regulations. Voucher specimens should be deposited at recognized public herbaria for future reference. Photography should be used to document plant Identification and habitat whenever possible, but especially when the population cannot withstand collection of voucher specimens. d. Conducted using systematic field techniques In all habitats of the she to ensure a reasonably thorough coverage of potential impact areas. e. Well documented. When a rare or endangered plant (or rare plant community) is located, a California Native Species (or Communityl Field Survey Form or equivalent written form should be completed and submitted to the Natural Diversity Data Base. Reports of botanical field surveys should be included in car with environmental assessments, negative declarations, EIR's and EIS's, and should contain the following information: a. Project description, Including a detailed map of the project location and study area. b. A written description of biological setting referencing the community nomenclature used and a vegetation map. C. Detailed description of survey methodology. d. Dakes of field survey&. e. Results of survey (including detailed maps). An ass!ssment of potential impacts. p. Discussion of the importance of rare plant populations with consideration of nearby populations and total species distribution. h. Recommended mitigation measures to reduce or avoid impacts. I. List of all species identified. j. Copies of all California Native Species Field Survey Forms or Natural Community Field Survey Forms. k. Name of field investigator(s). 1. References cited, persons contacted, herbaria visited, and disposition of voucher specimens. 2 WDDB rare ocrrsrarfts PA. Feb.1992 ,paps 9 Top priority Rare NatunF Colranun ° From Rep o code r}irber Location' Few PAcc ds Hahne S1.1 Rank: So &wn Dune Snub 21330 Ca Southern Coastal sun Scrub 31200 Cis Marffime Su=Aent Scrub 32400 Cis Riversidsan / puvlaI Fan Sage Scrub 32720 Gs Southern maritime Chaparral 37C30 Cis Y� VaAey Needteprea Gracslarhd 42110 Gnat Basin Gnattend 4•'� y Mojave DesertoraWand 470DO Des Pebble Plains 47000 Cis Y Southern sedge Bog 6 Cisonuns Alkai Marsh mMojave 6231310 Riparian forest 61700 Decis Des 6onoran C0110nwwd Wdbw Riparian 6t610 Mesquite Bosque 0 Des Y Elephant Tree Woodland 75100 510 Des Y CnrdrwonThom Woodland 75200 Des Y Amhom Woodland 75300 Des Y Arizonan Woodland 75400 Des Soulhem Calilomia W&W Forest 81600 Cis Y Mainiand Cherry Fwes1 61620 Cis Y Southem Bishop Pine Forest 22 63t22 IB Cis Torrey Pine Forest 31 Cis Y Desert Mountain Whits Fir Forest 65330 Des S 12 Rank: Cis Sout»m foredur" 21230 Mono Pumice Flat 354t0 854 Des Southern 1MerSor Basalt R. Vernal Pool 10 Cis 52-1 Rank: Y Vontumn Coastal Sage Scrub 32300 Cis Diegan Coastal Saga Scrub 32500 Cis Y Riversidian Upland Coastal Sage Scr. 327 t0 Cis Y RDozeniversidean Dozen Sage Scrub 327W Des Y Sagebnrsh Steppe 3S300 Dec y -Desert Sink Scrub 36120 Y Mark Southern Mixed Chaparral 37122 Qs San Diego Mesa Hardpan What P. 4= 4321 cis ban Diego Mesa C1tyPan VW"W P. . 4 Cis Des Alkali 45310 Southern Coastal Salt Marsh 62120 I I Cis a `' Coastal Brackish Marsh S2320 cis Tcanernor cane Akai Marsh 62410 Des eodsd as erehar Cis (tor asmontans) or des (W deemM CJ n I,MW ran oamurtlti.. F11•5 Feb.1992 page 2 eerie pAartber L+otaton' Few Rsoords Ours 62410 Cis Coasal and Vassy Fnsnwater wwwon 61320 Cis S. Arroyo Willow Riparian Forest G0 Cis Souftrn Willow Scrub 61610 Des MWoc-i.Bas. Cottonwood vlfrlow Rip. s3600 pas . Y Modoc-Great Basin Riparian Scrub $3700 as t Y MojaveDean Wash Scrub 71150 Cis Y Enpslmann Oak Woodland 71161 Cis Y Open Enpelnrnn Oak woodland 711Ot2 Cis Y Closed Enpeknann Oak woodland 71190 cis Y bland Oak woodland 71210 Cis Caidwnia Wakxrt Woods" $1700 Cis Y bland Ironwood Forest 611110 Cis bland Cherry Forest 63230 Cis S. Interior Cypress Forest 64150 Cis Y 6goans Spn+ea4Canyon Oak Forest 922 Rank 21100 221DO 22300 34220 52420 6ata0 91130 40 71140 52.3 Rank: Cis Y Active Coastal Durres Des Active Desen Dunes Des Sub. and Part Sub. Desert Dunes Des Y Sub. and Part Stab. Desert Sandfield Des Y Mojave Mixed Supps Des Y Tranwrront.ns FreshwawMarsh as Y Courier Pine Forest Cis Y S. California Fellf eld Des Y White Mountains Fellfsld 66400 Des Onstlocons Pine Forest 66700 Des Y Limber Pine Forest •coded as either Gs (for dsrrattan.) or des (lordesert) Gi.L..ena...a. s a ee -- -- eeeomomom°°s.eeee.ee.oeeseeo.moesoeomomeo�meaAmlmo�N°�°GO°°°°o°s°°esoeomommemmoommemeememoemoao Ns jwel range. The olabk1onk tG•torlW a o reffaction of the oeeN rs*,dition el On obrnent WoltOeiolrt spictES MEL O1e, lest than B viabla EOs OR tree than 1f300 irlAiekuois OR Mu than 2000 ecru. 10.000 sane. 02. 6.20 106 OR W30.3000 b0 "iwOR 2000 67. 21.100 EON OR 000.10.000 ydduels OR 10.000•50.000 acme 64. Apporsndy esevn: this rank isdudY lower than 63 but factors exist to cause arm concern: La. skiers is some threat, of ssenewhsl "hew Mbitot. a �rre M reing Gs. `ooenme�t I�"in r00 wend. arrows M iwrafrcobt BVSS►EC1ES LEVEL drat$ of the entire Sieeaive • Ttaglobal nk attached to the Grsnk. Witt' the mVDameoss, the Gternk reflects W oared' opee:ms.ubspeemo r whereas the Tr*nk re0sets globalsituation of jrtt the 1S1].F35J=2• the le: Cnorisan Me re*usts war. Ata,neegi.. Myle n*urts. The Trask rotors Orly fa for examD whale spae+oo range of iab*,ia Trs plant is ranked G2T1. The G•rank rates le W the global eornd,tion of var, harrwepe• ................... ee eeeeeesoeeoseaeeoeeoLTATf RANKING Theo.eseeoeoo..eeeosoeeeee The stare rant is assigned rrwch the ssme way se the global tank. except auto rw*s f" Caiforrw OMn saw eenlain a r a number attached to the S•farlk. Lee$ than S EOs OR fees the, JOW ,Astl duOR less tMR 20WO Saes S1.1 very . 91: 51.2 . tMule"d 51.3 . no current Wet$ known 6.20 EOs OR 1000.3000 i"eidu*is OR 2000.11LOW sae$ 52: 52.9 . eery Wseterod 52.2 • Wastoned S2.3 no Current Welts known 21.100 E0e OR 3000.10.00OSindividuals 3.1 erytihreate ed0•fO.000 steno . 93: 53 2 . threatened nt Welts known $3.3 ro Curre 86 Appaently eacura within Cefforria: this rank is duAY lower than S3 but (actors emet to saves Berns eonesm. Mare . is some threat. er somowhet rlerrew habitat. NO THREAT NUMBER. MBER. SS Cemenstrably soeun to 4lendieabls M Cetilernio. NO THREAT 1(U oe.oeee•••®• 000e ............. eee.ss.eoeeoeeeoaeeoeoo.testes.see.oe.e.......ePe°°e.e.me°.es.e odales Uncertainty about the earn► of an dement is egrossod in 4.6 major ways: By oxpressino the rank so a tinge of eMuoe: Ls. S2S3 means the rankle **,nothing ►etwean52 and 93. BY adding a °Y is the ant: (.a. 527 TM represents mare sorteiwtT Then S2S3. Other epnbetr: t been OH As site$ rare A+tvieat: the dement has ne91.1 seen (or et lae$t 20 trees but euinbl° hebilet . exist$ ISM . Al Ca ifams iue On Mtewe eft. O% AN silo$ are sadrf*,od: this dm eons Isseiner in the lead tSX re AS Coffants miles are O.Urpeion.,l�. OXC Eatinct In the w1d: exist$ N t e N e Maenerwc Ole The dement is wry ton. Wt question oesomisted wUh H. ATTACHMENT 2 Sensitivity of Top Priority Rare Natural Communities in Southern California Sensitive rankings are determined by the Department of Fish and Game, California Natural Diversity Data Base and based on either number of known occurrences (locations) and/or amount of habitat remaining (acreage). The three rankings used for these top priority rare natural communities are as follows: S1. - Less than 6 known locations and/or less than 2,000 acres of habitat remaining S2. - Occurs in 6-20 known locations and/or 2,000-10,000 acres of habitat remaining S3. - Occurs in 21-100 known locations and/or 10,000-50,000 acres of habitat remaining ARL qF The number to the right of the decimal point after the ranking refers to the degree of threat posed to that natural community regardless of the ranking. For example: 51.1 = very threatened S2.2 = threatened S3.3 = no current threats known (continued) RANK S1.1 Attachment 2 - Page 2 Sensitivity Rankings (February 1992) COMMUNITY NAME Mojave Riparian Forest Sonoran Cottonwood Willow Riparian Mesquite Bosque Elephant Tree Woodland Crucifixion Thorn Woodland Allthorn Woodland Arizonan Woodland Southern California Walnut Forest Mainland Cherry Forest Southern Bishop Pine Forest Torrey Pine Forest Desert Mountain White Fir Forest Southern Dune Scrub Southern Coastal Bluff Scrub Maritime Succulent Scrub Riversidean Alluvial Fan Sage Scrub Southern Maritime Chaparral Vallley Needlegrass Grassland Great Basin Grassland Mojave Desert Grassland Pebble Plains Southern Sedge Bog Cismontane Alkali Marsh S1.2 Southern Foredunce Mono Pumice Flat Southern Interior Basalt F1. Vernal Pool S2.1 Venturan Coastal Sage Scrub Diegan Coastal Sage Scrub Riversidean Upland Coastal Sage Riversidean Desert Sage Scrub Sagebrush Steppe Desert Sink Scrub Mafic Southern Mixed Chaparral San Diego Mesa Hardpan Vernal P. San Diego Mesa Claypan Vernal P. Alkali Meadow Southern Coastal Salt Marsh Coastal Brackish Marsh Coastal and Valley Freshwater M 0 h S. Arroya Willow Riparian Forest Scrub Southern Willow Scrub Modoc-G.Bas. Cottonwood Willow Rip. Modoc-Great Basin Riparian Scrub Transmontane Alkali Marsh S. Interior Cypress Forest Bigcone Spruce -Canyon Oak Forest S2.2 Active Coastal Dunes Active Desert Dunes S. California Fellfield Stab. and Part. Stab. Desert Stab. and Part. Stab. Desert S2.3 Bristlecone Pine Forest Limber Pine Forest Mojave Desert Wash Scrub Englemann Oak Woodland Open Englemann Oak Woodland Closed Engelmann Oak Woodland Island Oak Woodland California Walnut Woodland Island Ironwood Forest Island Cherry Forest Mojave Mixed Steppe Transmontane Freshwater Marsh Coulter Pine Forest Dunes White Mountains Fellfield Sandfield E •� IC I VGUp 111r !UN r 0-1B-74 I OI I OMM I `j 7149371804 PUBLIC ECONOMICS INC j�C ECONOMICS, INC. u In - ,ON" /wrier March 15,1994 Mr. Jerry Harman La Quinta Redevelopment Agency 78-495 Calle Tampico La Quint&, California 92253 II y1•u I!h. Dear Mr. H (1} i_} IV IQII II IV K*21rh III VVV VOLV." L MAR 14 '94 16;31 The Riverside County Office of Education ("COE") has requested that Public Economics, Ina, respond to your Notice of Preparation of a Draft Environmental Impact Report ("EIR") for the Amendment to Redevelopment Plan for La Quinta Redevelopment Projc�t Area No. 1 ("Project"). t''f)P. provides services within the Project area and exercises authority over resources which may be affected by the Project. COE is also an "affected taxing entity" as defined in Section 33353.2 of the California Health and Safety Code. Based on Section 21080.4 of the California Environmental Quality Act, COE requests that eehool impacts be identified and evaluated in the EIR since schools were identified in the Initial Study as a public service which may be impacted by the Project. The EIR should identify impacts of the Project on the District based on existing land uses, maximum development potential to General Plan buildout, population and housing growth, and direct and indirect effect& of job creation on household growth. The EIR should also recommend quantifiable nmrures to &1Y mitigate impacts of the Project on the District, The District requests that the EIR evaluate sources of mitigation including, but not necessarily limited to, statutory pass•throughs to the District pursuant 7144 E. Ketella Avtw-4, Sylte 195 ^79- „ ieiecopier iuzu i n—]a—a4 i ao[uAM v IP1411111wl-w oou uacu « o 7149371004 PUBLIC ECONOMICS INC US P03 MAR 14 194 16:32 to the Community Redevelopment Law Reform Act of 1993 and mitigation i%om the City of La Quinta and developers. Please call me at (714) 937-0806 if you need any additional information regarding this response, Sincerely yours, Dwight E, 8org, P, Project Manager cc: Mr, Elliott Duchon, Riverside County Office of Education Brooks P. Coleman, Ed.D., Public Economics, Inc. Iuwq,dat.Weyot.eam n LJ E wry - 10I1THERn cauFORnla aaoelRtlon ofis 60VEanmEflT/ 118 West Seventh Street,112th Floor a Los Angeles, California 90017-3435 (213) 236-1800 • FAX (213) 236-1825 March 2, 1994 Mr. Jerry Herman City of La Quinta P. 0. Box 1504 La Quinta, CA 92253 RE: SCAG Clearinghouse 4: i940009)7 Project Title: AMENDMENT TO REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 Dear Mr. Herman: We have reviewed the above referenced document for regional significance and determined that no comments will be submitted at this time. Should there be a change in the scope of the project, we would appreciate the opportunity to review and comment at that time. IN A description of the project will be published in the March 15, 1994 Intergovernmental Review Report for public review and comment. The project title and SCAG number should be used in all correspondence with SCAG concerning this project. Correspondence should be sent to the attention of the Clearinghouse Coordinator. If you have any questions, please contact Ricardo Pedroza at i213) 236-1886. Hal Los Sincerely, A, ERIC H. ROTH Manager, Intergovernmental Review Jr. City of lignm City of Loma Linda. Richard Dixon( 40 erry Frirrel City of Riverside. Ruth Galan City of Inglewood Robert Hargrave City of City of South EI Monte. Richard Kell, City Mikels City of Sim %alev. David Myers Cu of Analium. Michael Plisky City of Oxnard. les City of South Gale. Sam Sharp Impenal Highland. Joel Wachs City of Los Angeles. of Brawley-First Vice President, Ed Edelman Los Angeles County -Second Vice President. John Langville City of Rialto -Past President • as Angeles Robert Bardetl City of Monrovia. George Bass City of Bell. Ron Bales City of Los Alamitos, George Baldry, Jr. City of Burnam. i. Marvin Braude City of Los Angeles. Susan Brooks City of Rancho Pal«Verdes. An Bmwn City of Baena Park. Yvmne Brathwaitr-Burke Ur Riverside County, Laura Chick City of Los Angeles. John Cox City of Newpon Beach. Cynthia Crothers City of Moreno Valley, Elmer Doug Dmmmand City of Long Beach. Jerry Eaves San Berardino County. John Ferraro City of Los Angeles. John Flynn Ventura County. :les, Sandra Genic City of Costa Mesa. Jackie Goldberg City of Los Angeles. Cardare Haggard City of San Clemente. Garland Hardersom sander City of Los Angeles. Nate Holden City of Los Angeles, Robert Jamison City of Artesia. Jeff Kellop� City of Long Beach. Jim Kelly i Kuhn City of Glendora. Abbe Lard City of West Hollywood. John Mellon City of Santa Paula. Barbara Meuina City of Alhambra. Judy iron Neck City cf Pasadena. Bev Perry City of Brea. Gwenn NorbnPerry City of Chino Hills Rm Parks City of Temecula. Iry Pickier Ciry f Pico Rivera LarryRhknel an Cilv of Montclair Dick Riordan City of Los An eles. Mark Ridlev-Thomas City of Los Angeles Amen Rob- nichCityofLosAngeles, Bob Stone City of Bellflower. Tom Svkes Gtyof Walnut, Jeff Thomas City of Tustin. Laurie WellpPavne City of f Los Angeles. Judy Wright City of Claremont, Zev Yaroslayskv City of Los Angeles B '16bc,ss THE COUNTY OF RIVERSIDE ROBERT A. NELSON Director March 9, 1994 Mr. Jerry Herman Planning and Development Director The La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, Ca. 92253 . MAR 4 199 Subject: Notice of Preparation of a Draft Program EIR for Amendment to Redevelopment Plan for La Quinta Redevelopment Project Area No. 1 Dear Mr. Herman: The Riverside County Waste Management Department has reviewed the Notice of Preparation. Our comments in the letter, dated April 23, 1993 would still apply to the amended project. We appreciate a copy of the Draft Program EIR for review and comment when it is available. Sincerely, Sun Key Ma Planner III File: LQREDEV.NOP *4190 MAR 1 4 1 � M 1995 Market Street Riverside, CA 92501-1719 ® (909) 275-1370 0 FAX (909) 275-1374 �� C7 f`y OF El AGENDA PROJECT AREA COMMITTEE (PAC) Project Area No. 1 Amendment January 11, 1995 6:30 P.M. La Quinta City Hall Study Session Conference Room I. Approval of Minutes from December 7, 1994 II. Review of PAC report on the Project No. 1 Amendment III. Discussion regarding PAC Chair and/or member testimony at February 21, 1995 Joint Public Hearing IV. Adjournment 11 0J, c ADO. oGJ V � � 0 OF TNt AGENDA PROJECT AREA COMMITTEE (PAC) Project Area No. 1 Amendment December 7, 1994 6:30 P.M. La Quinta City Hall Study Session Conference Room 1 I. Approval of Minutes from October 19, 1994 (no minutes of November 9, 1994, as there was no quorum) II. Review of Redevelopment Plan, proposed Plan Amendments, and Project List III. Review and Discussion of Draft Environmental Impact Report IV. Establish Date and Time of Next PAC Meeting V. Adjournment El M OF TNt' AGENDA PROJECT AREA COMMITTEE (PAC) Project Area No. 1 Amendment September 13, 1994 6:00 P.M. La Quinta City Hall Study Session Conference Room I. Approval of Minutes from August 17, 1994 II. Review of Redevelopment Plan and Plan Amendments III. Review of Screen Check Preliminary Report IV. Other Items of Interest c p a V. Adjournment