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Redevelopment Project Area No. 2 backup0 0 LA QUINTA REDEVELOPMENT PLAN PROJECT AREA NO. 2 RELATED ORDINANCES - inception to 8/201 1 - 139 MAY 16, 1989 APPROVE AND ADOPT RDA PLAN FOR RDA PROJECT #2 259 DECEMBER 20, 1994 AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW 399 FEBRUARY 3, 2004 APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT NO. 2 403 MARCH 16, 2004 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) 404 MARCH 16, 2004 AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(B) 437 JUNE 5, 2007 TO COMPLY WITH REQUIREMENTS OF SENATE BILL 53, CHAPTER 591 OF STATUTES OF 2006, AS CODIFIED IN CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7 485 FEBRUARY 1, 2011 APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 — FIFTH AMENDMENT 491 AUGUST 2, 2011 DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE LA QUINTA REDEVELOPMENT AGENCY Page 1 ® LA QUINTA REDEVELOPMENT PLAN PROJECT AREA NO. 2 RELATED COUNCIL RESOLUTIONS - inception to 8/201 1 1988-019 MARCH 15 DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO PART 1 OF DIVISION 24 OF THE STATE HEALTH AND SAFETY CODE 1988-034 MAY 3 CALLING UPON THE RESIDENTS, EXISTING COMMUNITY ORGANIZATIONS, TENANTS, AND BUSINESS PERSONS WITHIN THE PROPOSED LA QUINTA REDEVELOPMENT PROJECT NO. 2 TO FORM A PROJECT AREA COMMITTEE 1988-037 MARCH 15 APPROVING A PROJECT AREA COMMITTEE AND APPROVING COMMITTEE BYLAWS IN CONNECTION WITH PROCEEDINGS TO CONSIDER THE REDEVELOPMENT PLAN FOR PROJECT NO. 2 1988-139 DECEMBER 20 SETTING THE DATE AND TIME OF THE JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND THE FINAL EIR PREPARED IN CONNECTION THEREWITH 1989-051 MAY 2 FINDING THAT THE USE OF TAXES ALLOCATED FROM REDEVELOPMENT PROJECT NO. 2 FOR THE PURPOSE OF HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT 1989-052 MAY 2 CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT NO.2 1991-009 JANUARY 15 APPROVE REVISIONS TO PROGRAM ASSESSMENT/HOOK- UP FEE SUBSIDY PROGRAM PER SB 1352 1991-048 JUNE 18 REDEVELOPMENT AGENCY APPROVING THE REVISIONS TO THE ASSESSMENT / HOOK-UP FEE SUBSIDY PROGRAM FOR FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING 1992-075 SEPTEMBER 15 APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION BONDS, ISSUE OF 1992 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO ® 1993-051 JUNE 15 APPROVING AND CONFIRMING THE MEMBERSHIP OF THE PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT AND PROJECT NO. 2 AS PROPOSED TO BE MERGED Page 2 ® 1995-043 JUNE 20 APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS REDEVELOPMENT PROJECT AREAS NO. 1 AND 2, 191995 HOUSING TAX ALLOCATION BONDS AND MAKING CERTAIN DETERMINATIONS RELATING THERETO 1995-094 DECEMBER 5 APPROVING AN INTERCHANGE REIMBURSEMENT AGREEMENT. 1998-027 APRIL 7 APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1998 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO 2000-091 JULY 18 AMENDING THE COMPREHENSIVE LOW AND MODERATE HOUSING PROGRAMS FOR REDEVELOPMENT PROJECT AREA NOS. I AND 2. 2002-122 AUGUST 6 ESTABLISHING A LOAN FROM THE CITY OF LO TO THE LQ RDA, ENTERING INTO A FINANCING AGREEMENT, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445Ia) 2003-123 DECEMBER 16 ESTABLISHING THE TIME AND PLACE FOR A JOINT PUBLIC • HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY REGARDING THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT NO. 2 2008-046 JULY 1 DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES FOR THE PROPOSED AREA TO BE ADDED BY THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 2010-043 JUNE 15 APPROVING THE SUBORDINATION OF STATUTORY PASS - THROUGH PAYMENTS ALLOCATED TO THE CITY OF LA QUINTA IN CONNECTION WITH THE DESERT COMMUNITIES REDEVELOPMENT PROJECT AREA TO THE COUNTY OF RIVERSIDE REDEVELOPMENT AGENCY'S PAYMENT OBLIGATIONS FOR ITS TAX ALLOCATION BOND ISSUE 2010A AND 2010B 2010-065 NOVEMBER 2 ACCEPTING THE LA QUINTA REDEVELOPMENT AGENCY'S REPORT TO THE CITY COUNCIL FOR THE FIFTH AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND CONSENTING TO A JOINT PUBLIC HEARING 2011-004 JANUARY 18 APPROVING A FUNDING AGREEMENT FOR FUTURE PUBLIC IMPROVEMENTS AND AFFORDABLE HOUSING IN THE CITY OF LA QUINTA, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO THE AGENCY'S EXPENDITURE Page 3 ® 2011-022 MARCH 15 APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAXABLE TAX ALLOCATION BONDS, SERIES 2011 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO • 2011-023 MARCH 15 APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREAS, TAXABLE TAX ALLOCATION HOUSING BONDS, SERIES 2011 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO Page 4 LA QUINTA REDEVELOPMENT PLAN PROJECT AREA NO. 2 RELATED RDA RESOLUTIONS — inception to 8/2011 RA 1988-004 APRIL 5 RECEIVING THE PRELIMINARY PLAN AND RELATED DOCUMENTS RELATIVE TO REDEVELOPMENT PROJECT AREA NO. 2 AND DIRECTING TRANSMITTAL TO CERTAIN PUBLIC OFFICERS & ENTITIES RA 1988-010 AUGUST APPROVING THE DRAFT REDEVELOPMENT PLAN AND PRELIMINARY REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 2 AND AUTHORIZING TRANSMITTAL OF THE DRAFT REDEVELOPMENT PLAN, THE PRELIMINARY REPORT AND DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT TO AFFECTED AGENCIES RA 1988-016 DECEMBER 20 SETTING THE DATE AND TIME OF THE JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND THE FINAL EIR PREPARED IN CONNECTION THEREWITH RA 1989-005 MARCH 21 RATIFYING AND CONFIRMING THE OWNER PARTICIPATION RULES AND METHOD OF RELOCATION AND APPROVING AND AUTHORIZING TRANSMITTAL OF ITS REPORT TO THE CITY COUNCIL WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 RA 1989-007 MAY 2 FINDING THAT THE USE OF TAXES ALLOCATED FROM REDEVELOPMENT PROJECT NO. 2 FOR THE PURPOSE OF HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT RA 1989-008 MAY 2 CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 2 RA 1989-009 APRIL 18 APPROVING THE PROPOSED REDEVELOPMENT PLAN FOR THE REDEVELOPMENT PROJECT AREA NO. 2 AND RECOMMENDING ADOPTION OF THE REDEVELOPMENT PLAN BY THE LA QUINTA CITY COUNCIL RA 1989-016 JULY 5 AUTHORIZING EXECUTION OF AGREEMENTS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND TAXING ENTITIES WITH TERRITORY IN REDEVELOPMENT PROJECT AREA NO. 2 RA 1991-001 JANUARY 15 APPROVING THE COMPREHENSIVE LOW AND MODERATE INCOME HOUSING PROGRAMS FOR REDEVELOPMENT PROJECTS NO. 1 AND NO. 2 Page 5 ® RA 1991-007 JUNE 18 APPROVING THE REVISIONS TO THE ASSESSMENT/HOOK-UP FEE SUBSIDY PROGRAM FOR THE FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING RA 1992-005A MAY 5 APPROVING PROCEDURE TO IMPLEMENT OWNER PARTICIPATION RULES AND DESIGNATED AREA FROM WHICH IT DESIRES TO RECEIVE PROPOSALS RA 1992-018 SEPTEMBER 15 APPROVING A DRAFT INDENTURE OF TRUST SECURING NOT TO EXCEED $6,000,000 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION BONDS, ISSUE OF 1992 AND APPROVING A PRELIMINARY OFFICIAL STATEMENT RA 1992-021 DECEMBER 1 AUTHORIZING THE ISSUANCE OF TAX ALLOCATION BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED SIX MILLION DOLLARS (6,000,000) TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH RA 1993-003 APRIL 20 APPROVING AND AUTHORIZING TRANSMITTAL OF THE PROPOSED PRELIMINARY PLAN FOR THE MERGER OF THE LA QUINTA REDEVELOPMENT PROJECT AND REDEVELOPMENT PROJECT NO. 2 AND RATIFYING PRIOR ACTS RA 1994-002 FEBRUARY 15 RECEIVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS PROPOSED TO BE AMENDED RA 1994-020 DECEMBER 6 ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT (NO. 1) AND PROJECT NO. 2 RA 1995-009 JUNE 20 AUTHORIZING THE ISSUANCE OF ITS REDEVELOPMENT PROJECT AREAS NO. 1 AND 2, 1995 HOUSING TAX ALLOCATION BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28,000,000) TO FUND A REDEVELOPMENT PROJECT, APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH RA 1998-002 APRIL 7 AUTHORIZING THE ISSUANCE OF TAX ALLOCATION REFUNDING BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED EIGHT MILLION DOLLARS ($8,000,000) TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH, Page 6 ® RA 2000-008 JULY 18 RA 2003-016 SEPTEMBER 16 RA 2004-001 JANUARY 20 RA 2004-003 JANUARY 20 �� la�le�:l'Lc3 AMENDING THE COMPREHENSIVE LOW AND MODERATE HOUSING PROGRAMS FOR REDEVELOPMENT PROJECT AREA NOS. I AND 2 RECEIVING THE PRELIMINARY PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AS PROPOSED TO BE AMENDED APPROVING THE REPORT TO COUNCIL FOR THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, AND TRANSMITTING THE TEXT OF THE PROPOSED AMENDMENT AND THE REPORT TO COUNCIL TO THE CITY COUNCIL OF THE CITY OF LA QUINTA (REPORT TO COUNCIL) APPROVING THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT NO. 2 APPROVING A LOAN AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE LA QUINTA FINANCING AUTHORITY RA 2004-007 MAY 4 APPROVING AND ADOPTING A REPLACEMENT HOUSING PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33413.5 PERTAINING TO THE PROPOSED VISTA DUNES AFFORDABLE FAMILY HOUSING PROJECT RA 2004-010 JUNE 1 APPROVING ITS FIRST SUPPLEMENTAL LOAN AGREEMENT, ESCROW DEPOSIT AND TRUST AGREEMENT, ESCROW DEPOSIT AND TRUST AGREEMENT, OFFICIAL STATEMENT, PURCHASE CONTRACT, AUTHORIZING THE EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF THE APPROVAL OF THE AGENCY LOAN, APPROVING THE PAYMENT OF COSTS OF ISSUING THE AGENCY LOAN AND MAKING CERTAIN DETERMINATIONS RELATING THERETO RA 2005-005 JUNE 7 ADOPTING A THIRD FIVE-YEAR IMPLEMENTATION PLAN FOR 2004-05 THROUGH 2O08-09 FOR LA QUINTA REDEVELOPMENT PROJECT NO. 1 AND LA QUINTA PROJECT NO. 2 RA 2008-003 JULY 15 ACCEPTING AND APPROVING A PRELIMINARY PLAN FOR THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, DESIGNATING THE ADDED AREA, AUTHORIZING TRANSMITTAL TO THE AFFECTED TAXING AGENCIES AND THE STATE BOARD OF EQUALIZATION, AND DIRECTING PREPARATION OF THE FIFTH AMENDMENT RA 2010-002 JANUARY 19 ADOPTING THE FOURTH FIVE-YEAR IMPLEMENTATION PLAN FOR LA QUINTA REDEVELOPMENT PROJECT NO. 1 AND NO. 2 Pape 7 ® RA 2010-010 NOVEMBER 2 APPROVING AND TRANSMITTING ITS REPORT TO THE CITY COUNCIL FOR THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND CONSENTING TO A JOINT PUBLIC HEARING RA 2011-003 JANUARY 18 APPROVING A FUNDING AGREEMENT FOR FUTURE PUBLIC IMPROVEMENTS AND AFFORDABLE HOUSING IN THE CITY OF LA QUINTA, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND 33420.2 WITH RESPECT TO THE AGENCY'S EXPENDITURE RA 2011-004 JANUARY 18 APPROVING AND RECOMMENDING ADOPTION BY THE CITY COUNCIL OF THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE REDEVELOPMENT PROJECT AREA NO. 2 RA 2011-013 MARCH 15 AUTHORIZING THE ISSUANCE OF TAXABLE TAX ALLOCATION BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000) TO FINANCE A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT KNOWN AS THE LA QUINTA 4 REDEVELOPMENT PROJECT AREA NO. 2 AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH RA 2011-031 AUGUST 23 ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34169(g) Page 8 C El LA QUINTA REDEVELOPMENT PLAN PROJECT AREA NO. 2 RELATED FINANCING AUTHORITY RESOLUTIONS inception to 8/2011 FA 1992-001 DECEMBER 1 AUTHORIZING THE EXECUTION AND DELIVERY OF BOND PURCHASE CONTRACTS BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, LA QUINTA FINANCING AUTHORITY, AND WESTHOFF-MARTIN AND ASSOCIATES FA 1995-001 JUNE 20 AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, LA QUINTA FINANCING AUTHORITY, AND THE UNDERWRITERS NAMED THEREIN - PROJECT AREAS 1 AND 2 (1995 HOUSING TAX ALLOCATION BONDS) FA 1998-002 APRIL 7 AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, THE LA QUINTA FINANCING AUTHORITY, AND MILLER AND SCHROEDER FINANCIAL, INC. - PROJECT AREA NO. 2 Page 9 BUSINESS SESSION ITEM NO. 1 TO: REDEVELOPMENT AGENCY MEMBERS FROM: RONALD KIEDROWSKI, EXECUTIVE DIRECTOR DATE: AUGUST 2, 1988 SUBJECT: RESOLUTION APPROVING THE PRELIMINARY REPORT AND AUTHORIZING TRANSMITTAL OF THE REDEVELOPMENT PLAN, PRELIMINARY REPORT AND DRAFT ENVIRONMENTAL IMPACT REPORT BACKGROUND Redevelopment Law requires the Agency to prepare and send to the affected taxing entities a Preliminary Report which contains (1) the reasons for selecting the Redevelopment Project Area; (2) a description of conditions which exist in the Project Area; (3) a preliminary assessment of the method of financing the redevelopment project; (4) a description of the specific projects to be pursued by the Agency; and (5) a description of how the projects will improve the conditions in the Project Area. The law also requires the Agency to distribute the Draft Environmental Impact Report and Redevelopment Plan to said agencies. DISCUSSION filk The primary purpose of the Preliminary Report is to provide taxing entities with wr information on the proposed Redevelopment Plan to allow them to analyze the fiscal impacts of the porposed redevelopment program. It also identifies the general conditions that exist in the Project Area which necessitate the use of redevelopment in order to remedy. The Report cites the existence of economic blight in the form of inadequate infrastructure, public improvements, facilities and utilities, impaired investments, irregularly formed or shaped lots and lots laid out in disregard to physical characteristics as the need for redevelopment. Approximately $78 million of redevelopment project costs are identified in the Preliminary Report. This estimate includes the cost of public improvements and all other potential costs which can now be identified. It does not include the 20 percent housing set -aside funding requirements. It may not be possible to finance all of these projects through the provisions granted to the Agency. After the Preliminary Report is distributed to the affected taxing entities, they will have 15 days in which to call for the establishment of a Fiscal Review Committee. Preliminary contact has already been made with taxing entities which usually request fiscal negotiations. Staff will continue to meet with all interested taxing entities in an attempt to avoid the fiscal review process. The Final Redevelopment Plan does not require Agency approval at this time. The Agency/City Council is scheduled to consider the Final Plan after receiving input from the Planning Commission and Project Area Committee. Agency approval of the Draft Plan permits transmittal of the proposed Plan allow to these bodies so they may proceed with their review and prepare their reports as required by State Law. The Draft EIR for the proposed Redevelopment Plan has been prepared by Rosenow Spevacek Group, Inc. (RSG) pursuant to the California Environmental Quality Act (CEOA). Adoption of the attached Resolution will authorize transmittal of the document Ah to the affected taxing agencies, the State Clearinghouse and all other responsible agencies. • . • Adopt the attached Resolution approving the Preliminary Report and authorizing transmittal of the Report, Draft Redevelopment Plan,and the Draft Environmental Impact Report to affected taxing entities and responsible agencies. 11 LA QUINTA REDEVELOPMENT AGENCY MINUTES AUGUST 2, 1988 Regular meeting of the La Quinta Redevelopment Agency was called to order by Chairman Hoyle. PRESENT: Mr. Bohnenberger, Mrs. Cox, Mr. Pena, Mr. Sniff, Chairman Hoyle ABSENT: None HEARINGS BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING THE PRELIMINARY REPORT AND AUTHORIZING TRANSMITTAL OF THE REDEVELOPMENT PLAN, PRELIMINARY REPORT AND DRAFT ENVIRONMENTAL IMPACT REPORT TO RESPONSIBLE AGENCIES. Mr. Meyer, Consultant with Rosenow-Spevacek, advised that an attempt is being made to adopt the Redevelopment Project Plan by the end of the year. He presented the Council with a resolution approving the preliminary report and authorizing transmittal of the Redevelopment Plan, Preliminary Report and Draft EIR to responsible agencies. They will have 15 days from date of receipt of the documents to respond. He added that he and the City Manager have initiated the negotiation process with representatives of the other taxing agencies. Over 78 million dollars worth of improvements have been identified that could be funded by this project area. Mrs. Cox advised that the C. V. Mosquito Abatement District has a policy of 100% pass -through, or they will sue, and they have followed through with that policy repeatedly. In response to Mr. Bohnenberger, Mr. Meyer advised that with a 4% growth rate, the project area will receive in excess of $39,000,000 over a period of 40 years less the 2% pass through. They have established a $400,000,000 cap with a $100,000,000 bonded indebtedness. He added that other projects can be added with a public hearing. Mrs. Cox questioned why Highland Palms was not included in the project area commenting on the fact that it has been flooded in the past and Mr. Meyer advised that monies can be spent outside the project area for projects that have a direct bearing on the project area. Redevelopment Agency 2 August 2, 1988 Minutes RESOLUTION NO. RDA 88-10 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE DRAFT REDEVELOPMENT PLAN AND PRELIMINARY REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 2 AND AUTHORIZING TRANSMITTAL OF THE DRAFT REDEVELOPMENT PLAN, THE PRELIMINARY REPORT AND DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT TO AFFECTED AGENCIES. It was moved by Mr. Pena, seconded by Mr. Bohnenberger, that Resolution No. 88-10 be adopted. Motion carried by the following vote: AYES: Mr. Bohnenberger, Mrs. Cox, Mr. Pena, Mr. Sniff, Chairman Hoyle NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF JULY 5, 1988. 40 2. APPROVAL OF DEMAND REGISTER. MOTION - It was moved by Mr. Pena seconded by Mrs. Cox that Consent Items be approved as submitted with Item No. 2 being approved by Resolution No. RDA 88-11.Motion carried unanimously. MINUTE ORDER NO. 88-18. COMMITTEE REPORTS a. Receipt of Minutes of Project Area Committee of June 15, 1988. Noted and Filed. There being no further business, the meeting was adjourned upon motion by Mr. Bohnenberger, seconded by Mr. Pena and carried. Res ectfully submitted, tAUNDRA L. JU , Secretary La Quinta Redevelopment Agency ® RESOLUTION NO. RA 88-10 RESOLUTION OF THE LA QUINTA, CALIFORNIA REDEVELOPMENT AGENCY APPROVING THE DRAFT REDEVELOPMENT PLAN AND PRELIMINARY REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 2 AND AUTHORIZING TRANSMITTAL OF THE DRAFT REDEVELOPMENT PLAN, THE PRELIMINARY REPORT AND DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT TO AFFECTED AGENCIES WHEREAS, the City Council of the City of La Quinta (the "City") by resolution established a survey area for the study of a potential redevelopment project area; and WHEREAS, the Planning Commission of the City of La Quinta, by resolution selected boundaries of the area proposed to be included within the La Quinta Redevelopment Project Area (the "Project Area"), approved a Preliminary Plan for the Project (the "Preliminary Plan") and submitted such Preliminary Plan to the Redevelopment Agency of the City of La Quinta; and ® WHEREAS, in connection with such proceedings and in compliance with the California Community Redevelopment Law (Health and Safety Code Section 33000, et. seq.), the Agency staff has caused to be prepared a Draft Redevelopment Plan (the "Plan") and a Draft Environmental Impact Report which is in substantially final form and shall include minor modifications as the Executive Director shall deem appropriate (the "Draft EIR"), and WHEREAS, in compliance with Health and Safety Code Section 33344.5, the Agency has prepared a Preliminary Report regarding the proposed Redevelopment of the Project Area (the "Report"). NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: Section 1. The Agency approves the Plan and Report and authorizes and directs the Executive Director to cause the transmittal of the Draft Plan, Report and the Draft EIR to the State Clearinghouse, taxing agencies, affected agencies and all interested persons in the manner and as required by law. NO. RA 88-10 El 11 PASSED AND ADOPTED by the La Quinta Redevelopment Agency of the City of La Quinta, California, at its regular meeting held this 2nd day of August, 1988, by the following vote to wit: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None ABSTAIN: None William R. Hoyle,`Chairmd La Quinta Redevelopment Agency ATTEST: Saundra L. Juhola;-Secretary La Quinta Redevelopment Agency Barry Brandt, City Attorney La Quinta Redevelopment Agency r I`09 M�c AGENCY MEETING DATE: December 20, 1988 ITEM TITLE: Resolution setting the date and time of the Joint Public Hearing with respect to the Redevelopment Plan and the Final Environmental Impact Report for the Redevelopment Project Area No. 2 BACKGROUND: This resolution is necessary as part Joint Public Hearing on February Project Area No. 2 FISCAL IMPLICATIONS: Adoption of the Resolution Submitted by: Signature FORM#001.ALL AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: of the formal process to hold a 21, 1989 regarding Redevelopment APPROVED BY: Approved for submission to City Council: RON KIEDROWSKI, CITY MANAGER n LA OUINTA REDEVELOPMENT AGENCY AGENDA REPORT Meeting Date: December 20, 1988 TO: Agency Members FROM: Ronald L. IGedrowski DATE: December 16, 1988 SUBJECT: RESOLUTION SETTING THE DATE AND 71ME OF THE JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN AND THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PROJECT AREA NO.2 The proceedings to adopt a Redevelopment Plan and Project Area are nearing the final step in the process. Prior to City Council consideration of the ordinance approving the Plan, a public hearing must be held to hear all testimony for and against the proposed Plan and Final Environmental Impact Report. The Community Redevelopment Law provides that when a city council serves as the governing board of the redevelopment agency, both bodies may hold a joint public hearing to receive testimony on the redevelopment plan. Further, the law stipulates that the Notice of the Joint Public Hearing must be published in a newspaper of general circulation for four (4) consecutive weeks prior to the hearing, and be mailed to all property owners within the Project Area via certified mail return receipt requested. It is proposed that the joint public hearing on the Redevelopment Plan for Project Area No. 2 be scheduled for February 21, 1988 at 7:30 p.m. Action on this Resolution will set the time and date for the public hearing and assure that all Notices are Published and mailed to Project Area property owners prior to the February 21st meeting. Staff proposes to follow the aforementioned noticing procedures as prescribed by the Community Redevelopment Law. If other procedures are desired by the Agency they should be discussed at the December 20th meeting. That the Agency adopt the attached Resolution setting the date and time for the joint public hearing and authorizing the Executive Director to give notice in the form and manner prescribed by the Community Redevelopment Law. \wuM.tieao.on 499 RESOLUTION NO. RA 88-16 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY SETTING THE DATE AND TIME OF THE JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND THE FINAL EIR PREPARED IN CONNECTION THEREWITH WHEREAS, the La Quinta-Redevelopment Agency (the "Agency") has initiated proceedings for the adoption of the Redevelopment (V Plan for the La Quinta Redevelopment Project Area No. 2. LO 0 NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: m SECTION 1. The Agency hereby sets as the time and place of Q the Joint Public Hearing on the proposed Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 and the Final Environmental Impact Report, prepared in connection therewith, the following: DATE: March 21, 1989 Alk TIME: 7:30 p.m. PLACE: City of La Quinta, City Council Chambers 78-105 Calle Estado La Quinta, California SECTION 2. The Executive Director in cooperation with the City Clerk is authorized and directed to give notice of such public hearing in the form and manner required by law. PASSED and ADOPTED by the La Quinta Redevelopment Agency at its regular meeting held this 20th day of December, 1988 by the following vote to wit: AYES: Mr. Bohnenberger, Mrs. Bosworth, Mr. Rushworth, Mr. Sniff, Chairman Pena NOES: None ABSENT: None ABSTAIN: None i( La Quintat&edevL41opment Agency ATT' $fi: AUNDRA L. JUHO , Secretary La Quinta Redevelopment Agency NOTICE OF JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY ON THE PROPOSED REDEVELOPMENT PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 N��ttOyyTICE IS HEREBY GIVEN that a joint public hearing will be held by the City Council Of the CouncilChambeof La �inta and the La Quinta 78- 05 Calle Est do, La Quinta, Califo California, 9ent 2253at t Febhe ruary 21, 1988of La uQuinta 7:30 p.m. or as soon as possible thereafter, to consider approval and adoption of the proposed Redevelopment Plan and the Final Environmental Impact Report for the proposed La Quinta Redevelopment Project Area No. 2. The scope and objectives of the proposed Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 are to implement activities which will eliminate and prevent the spread or reoccurrence of conditions of blight. Such activities may include the revitalization of the residential and non-residential structures; construction of needed traffic improvements, flood control improvements, school, cultural and recreation improvements; the rehabilitation and conservation of existing structures that are consistent with the Plan; the redevelopment of properties that are inconsistent with the Plan; and the construction of other public improvements and facilities. The Redevelopment Agency proposes to reserve the right to use the power of eminent domain within the Project Area for redevelopment purposes. The La Quinta Redevelopment Agency's Report to the City Council on the proposed Redevelopment Plan is being prepared and will be presented at the hearing. The Report mited includes, but is not lito the Environmental Impact Report on the proposed Redevelopment Plan, the reports and recommendations of the Planning Commission, the report of the County fiscal officer, a summary of all consultations held with the taxing agencies, and all other documentation required by the Community Redevelopment Law. The Report will be available for public inspection at the City Manager's Office, La Quinta City Hall, 78-105 Calle Estado, La Quinta, California. The La Quinta Redevelopment Agency will undertake the proposed Redevelopment Project if, after the public hearing, the City Council approves and adopts the proposed Redevelopment Plan. All persons having any objections to the proposed Redevelopment Plan or the regularity of any of the prior proceedings, or deny the existence of blight in the Project Area, may appear before the La Quinta Redevelopment Agency and the City Council and show cause why the proposed Redevelopment Plan should not be adopted. At any time no later than the hour aforesaid set for the hearing, any person or organization may file in writing with the City Clerk of the City of La Quinta a statement of his or her objections to the proposed Redevelopment Plan. Any person or organization desiring to be heard will be given an opportunity to be heard. At the aforesaid hour, the City (T Council and the La Quinta Redevelopment Agency shall proceed to hear and pass upon all written and oral objections to the proposed Redevelopment Plan. The Redevelopment Agency and the City Council shall consider all evidence and testimony for and against the adoption of the proposed Redevelopment Plan. In addition, the City Council and the Redevelopment Agency will at the same time and place hold a joint public hearing to consider the Final Environmental Impact Report for the proposed Redevelopment Plan and consider all evidence and testimony for or against the certification of the Final Environmental Impact Report. 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 Environmental Impact Report may appear and be heard before the City Council and the Redevelopment Agency. A map of the Project Area is provided herewith. The legal description is available for public review at the City Clerk's Office, City of La Quinta City Hall, 78-105 Calle Estado, La Quinta, California 92253. Interested persons may inspect the proposed Redevelopment Plan, Final Environmental Impact Report and all other information pertaining thereto at the City of La Quinta City Hall, 78-105 Calle Estado, La Quinta, California or call the City Manager's Office at (619) 564-2246. Ah Executive Director Date La Quinta Redevelopment Agency AIN FRED WARING DRIVE i I - - _ �•r •�t;;e• MI�E9 AVENUE - AVE UE 18— , �r -----fir-zcc ` - {• R ? cc - O 'er ' .. 11 - t W L OETA/LEA IL 400 It yAVENUE 48- rl 1 I �, I•W DO Ir f. \ - llieeeer.. , � • i i : L.�-..---.__.� � , _ V�wn � .tip - _._ ! 1_ F T AVENUE 60 ..CLSCT II.[I COMIMrIT ""� O • j �Y i sdu Rvn � Q'. ,ola aR uel �� no,ecr.Ru,.aRyun C I � —•-- CITr Mg1yR1 Li L` 'i RRo,1FCTAMA"A gIRp�RT CITY OF LA ®UINTA REDEVELOPMENT PROJECT AREA NO. 2 1) T-iitt4 4 Q" COUNCIL MEETING DATE: March 21, 1989 AGENDA CATEGORY: ITEM TITLE: PUBLIC HEAPING: Joint Public Hearing on the Final BUSINESS SESSION: EIR and Redevelopment Plan for CONSENT CALENDAR: Project Area No. 2 STUDY SESSION: BACKGROUND: The joint public hearing of the City Council and Redevelopment Agency is the final step in adopting the Redevelopment Plan for Project Area No. 2. At this hearing we are requesting that the City Council/Agency take the following actions: 1. It is recommended that the Redevelopment Agency adopt the attached resolution that ratifies and confirms the Owner Participation Rules and Method of Relocation, and approves and authorizes transmittal of the Agency Report to the City Council with respect to the Redevelopment Plan for Project Area No. 2. ANIL 2. That the City Council and Agency open the joint: public hearing and receive testimony on both the Final. Environ- mental Impact Report (EIR) and Redevelopment Plan for Project Area No. 2. RECOMMENDATION: 1. That the Agency review and adopt the attached Resolution regarding the Owner Participation Guidelines, Method of Relocation and Agency Report to Council. 2. That the Council and Agency convene the joint public hearing and take testimony both for and against. the proposed Redevelopment Plan and Final EIR. 3. That the joint public hearing on the proposed Redevelopment Plan and Final EIR be continued to 7:30 p.m., Tuesday, April 18,1989. Submitted By: Approved for submission to City Council: = ell 1/ / 4-1 / Signature RON KIEDROWSKI, CITY MANAGER FORM#002 � (� DATE: March 21, 1989 TO: Mayor and Members of the City Council Chair and Members of the Redevelopment Agency FROM: Ronald E. Kiedrowski, City Manager SUBJECT: JOINT PUBLIC HEARING ON THE FINAL EIR AND REDEVELOPMENT PLAN FOR PROJECT AREA NO.2 The joint public hearing of the City Council and Redevelopment Agency is the final step in adopting the Redevelopment Plan for Project Area No. 2. At this hearing we are requesting that the City Council/Agency take the following actions: 1. It is recommended that the Redevelopment Agency adopt the attached resolution that ratifies and confirms the Owner Participation Rules and Method of Relocation, and approves and authorizes transmittal of the Agency Report to the City Council with respect to the Redevelopment Plan for Project Area No. 2. 2. That the City Council and Agency open the joint public hearing and receive testimony on both the Final Environmental Impact Report (EIR and Redevelopment Plan for Project Area No. 2. Accompanying this staff report you will find a Resolution of the Redevelopment Agency that institutes the aforementioned requested action; and copies of the Owner Participation Rules, Method of Relocation and Agency Report to City Council. Also enclosed is an agenda to guide Council and Agency members through the required procedures for the joint public hearing. The primary purpose of the agenda is to ensure that all documents and testimony is properly entered into the public record. DISC SSION The California Redevelopment Law requires that a public hearing be held by both the City Council and Redevelopment Agency to consider evidence and testimony both for and against the Redevelopment Plan and Final EIR. At the public hearing, the City Council Agency will receive testimony on the Agency Report to Council, the Redeve opment Plan, and the Final EIR on the Redevelopment Plan. Both the Redevelopment Plan and Final EIR were circulated to the City Council/Agency Members and are part of your notebooks for Project Area No. 2. The Agency Report to Council outlines the reasons for the proposed Redevelopment Plan, reviews the financial feasibility of the proposed projects, and summarizes all activities that have taken place to date. This document should provide you with sufficient Ah information for you to consider whether or not it is appropriate to adopt the Redevelopment Plan. 1989-03-17 09:46 17148361748 PSG. INC 002 P02 L] The California Redevelopment Law also requires that the Redevelopment Agency adopt Owner Participation Rules and a Method of Relocation to provide for said activities in Project Area No. 2. The Owner Participation Rules defines who may participate, identifies the type of participation and establishes a participation procedure for said entities within Project Area No.2. The Method of Relocation incorporates the California Relocation Assistance and Real Property Acquisition Guidelines as established in the State Administrative Code, Title XXV, Chapter S. In the event the Agency pursues an activity that is determined to cause substantial displacement of either businesses or residences, the Agency will adopt a relocation plan for the speck project In accordance with State guidelines. At this time, however, it is not anticipated that Plan implementation activities will result in the need to relocate existing residences or businesses. Both the Planning Commission and the Project Area Committee (PAC) for Project Area No. 2 have reviewed and recommended adoption of the proposed Redevelopment Plan. Both bodies have also reviewed the Final EIR, and recommend its certification by the City Council. The reports and minutes for both bodies regarding their review of the Plan and Final EIR are Included in the Agency Report to City Council. Pursuant to the California Redevelopment Law, the notice for this joint Public hearing has been advertised In the Desert News for four consecutive weeks. Additionally, each property owner in Project Area No. 2 were mailed notices of this joint publichearing via certified mail, return receipt requested. The taxing agencies who levy taxes within Project Area No. 2 were also notified by the aforementioned procedure. Pursuant to this request staff recommends the following actions: That the Agency review and adopt the attached Resolution regarding the Owner Participation Guidelines, Method of Relocation and Agency Report to Council. 2. That the Council and Agency convene the joint public hearing and take testimony both for and against the proposed Redevelopment Plan and Final EIR. 3. That the joint public hearing on the proposed Redevelopment Plan and Final EIR be continued to 7:30 p.m., Tuesday, April 18, 1989. effective date, the assessment roll of the County of Riverside last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date); and 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 bonds, loans, moneys advanced to, or indebtedness (whether funded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, 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 agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project Areas shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. 3. That portion of tax revenues allocated to the Agency pursuant to paragraph (2) above which are attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency which levy occurs after the tax year in which the ordinance adopting this Plan becomes effective shall be allocated to such affected taxing agency to the extent that the affected taxing agency has elected in the manner required by law to receive such allocation. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Plan. 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 shall not exceed $250 million dollars, except by amendment of this Plan. Such limitation is exclusive of: 1. Any payments to taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan; 2. Any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Housing Fund as a result of such payments to taxing agencies. Provided however, that in no event shall the total number of dollars divided and allocated to the Agency shall exceed $400 million. icy No loan, advance of indebtedness to be repaid from such allocation of taxes established or incurred by the Agency to finance in whole or in part the Plan shall be established or incurred after thirty (30) years following the date of adoption of the ordinance approving and adopting this Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only be amendment of this Plan. C. (703) Agency Bonds The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementations activities . Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, 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 funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed $100 million adjusted annually in accordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, without an amendment of this Plan. Such limitation is exclusive of (1) any payments to the taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan and (2) any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Income Housing Fund as a result of such payments to taxing agencies. Provided however, that the total amount of bonded indebtedness, to be repaid in whole or in part from allocation bonds which can be outstanding at one time shall not exceed $200 million. D. (704) Other Loans and Grant Any other loans, grants, guarantees or financial assistance from the Federal Government, the State of California, 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. E. (705) Rehabilitation Loans. Grants and Rebates The Agency and the City may commit funds from any source to programs of residential and commercial rehabilitation 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 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. SIT 1. in -... 5.....J n 14 A /M^ ANIL W SECTION C PROPOSED METHOD OF FINANCING THE REDEVELOPMENT OF THE PROJECT AREA The Plan authorizes the Agency to fund the redevelopment of the Project Area through: o financial assistance from the City, State of California, Federal Government, other public agencies and/or developers; o tax increment revenue; o Agency bonds; o loans from private financial institutions; o participation in development; and o any other available and appropriate source. The Agency is authorized to obtain advances, borrow funds, and create indebtedness to Ah fund Plan implementation activities. The principal and interest on said funds may be paid from tax increment revenue, or any other funds available to the Agency. The City will continue to provide the initial working capital to finance administrative and project implementation activities until sufficient tax increment revenue is available. Financial Assistance from the CIty,State of California, the Federal Government and Project Area Developers These funds shall include loans and advances for planning, construction and operating capital until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. Such loans may include loans and advances from future Project Area developers. As available, other funds such as gas tax funds and Community Development Block Grants may also be used to pay the costs of Plan implementation. The Agency and City �31 AM will work together to pursue available grants and loans to assist with Plan implementation activities. Tax Increment Revenue The Agency proposes to use tax increment revenue, as provided for in Article 6, Section 33670 of the Health and Safety Code, as the primary method to fund Plan implementation activities. Table C-1 presents projected tax increment revenue that would be generated within the Project Area over a 40 year period. These projections are based upon the following assumptions: 1. An annual growth rate of 3 percent (including 2 percent inflation increase permitted by Proposition 13). 2. The development of 200 new housing units per year from 1994 through 2030, valued at $120,000 each and adjusted for inflation at a 4 percent annual rate. 3. A commercial property absorbtion scenario (based upon the "La Quinta Commercial Absorbtion Study", January, 1989) for years 1990 through 2028 as follows: A. Years 1990 through 1995 - 30,917 s.f. of commercial development valued at $75.00 s.f. adjusted annually by 4 percent B. Years 1996 through 2000 - 41,380 s.f. of commercial development valued at $95.00 s.f. adjusted annually by 4 percent C. Years 2001 through 2010 - 71,280 s.f. of commercial development valued at $115.00 s.f. adjusted annually by 4 percent Ah D. Years 2011 through 2020-106,060 s.f. of commercial development valued at $171.00 s.f. adjusted annually by 4 percent E. Years 2021 through 2028 - 65,000 s.f. of commercial development valued at $253.00 s.f. adjusted annually by 4 percent 4. All taxing agencies except the City would receive their respective share of the 2 percent inflation increase permitted by Proposition 13. Based upon the aforementioned assumptions, a total of $37 million in tax increment revenue is projected over a 40 year period. Not all of this revenue, however, will be available to the Agency. The California Redevelopment Law requires the Agency to mitigate fiscal impacts the Plan may have on affected taxing agencies. The Agency is currently negotiating with these taxing agencies, and final agreements will most likely result in a pass -through of a portion of this revenue to these agencies. This disposition of these negotiations is discussed in Section M of this Report. Am The Plan also establishes a limit on the total amount of tax increment revenue which may be divided and allocated to the Agency pursuant to Section 33670 of the Health and Safety Code. Over the 40 year life of the Plan, the Agency shall not receive more than $250 million in tax increment revenue. This limit is exclusive of: 1. Any payments to taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Health and Safety Code and Section 511 of the Plan; 2. Any funds required by Section 33334.2 of the Health and Safety and Section 535 of the Plan to be deposited by the Agency in a Low and Moderate Housing Fund as a result of such payments to taxing agencies. In no event, however, shall the Agency receive more than $400 million in tax increment revenue over the 40 year life of the Plan. l q I Further, the Plan requires that no loan, advance, or indebtedness to be repaid from tax increment revenue shall be established or incurred after 30 years following the date of adoption of the ordinance approving and adopting the Plan. Agency Bonds/Loans From Private Institutions The Agency is authorized to issue bonds in order to finance all or any part of Plan implementations activities. Neither the members of the Agency nor any persons executing the bonds shall be personally liable for the bonds by reason of their issuance. Bonds and other obligations of the Agency would not be a debt of the City, the State or are any of its political subdivisions, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from tax increment revenue, which can be outstanding at one time shall not exceed $100 million adjusted annually in accordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, without an amendment of the Plan. Such limitation is exclusive of: (1) any payments to the taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Health and Safety Code and Section 511 of the Plan and (2) any funds required by Section 33334.2 of the Health and Safety Code and Section 535 of the Plan to be deposited by the Agency in a Low and Moderate Income Housing Fund as a result of such payments to taxing agencies. However, in no event shall the amount of bonded indebtedness outstanding at any one time exceed $200 million. The Plan also authorizes the Agency to obtain loans from public and/or private institutions for any of its redevelopment purposes. The principal and interest may be paid in whole or in part from tax increment revenue. Other Funding Sources The Agency is authorized to pursue other funding mechanisms and sources to finance redevelopment activities. These may include the following. AK Rehabilitation Loans Grants and Rebates. The Agency and the City may commit funds MW from any source to programs of residential and commercial rehabilitation 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 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. Assessment Districts. The use of assessment districts is not presently considered a viable alternative to the use of tax increment revenues to fund Plan implementation activities. By definition, and as described earlier in this report, the Project Area is a blighted area in which existing owners and potential outside private developers have shown a reluctance to invest. It is believed that required contributions above and Am beyond the normal costs of land acquisition and private development may become a self-defeating disincentive to private development. Under current conditions it is also (� 3 unlikely that existing owners could afford to participate in an assessment district to finance major implementation activities. Development Fees. The City of La Ouinta currently charges modest fees for permit processing and administration. For the same reasons as discussed above for assessments, the City does not currently plan to increase the fee schedule as a means of financing redevelopment activities. ASSESSMENT OF THE ECONOMIC FEASIBILITY OF THE PROJECT The cost of the proposed redevelopment program is $78 million including administrative Ah costs. The cost of financing is not included. Capital improvement projects and Community development programs will involve an estimated cost of $69.9 million. The Agency is also required to set aside up to 20 percent of available tax increment revenue to fund housing programs affordable to low and moderate income households; the estimated cost of this program is $8.3 million. As presented in Table C-1, it is projected that a total of $37 million in tax increment revenue will be generated within the Project Area. Given this amount of revenue all costs are not fundable, and other revenue sources will be needed to supplement available tax increment revenue. The Agency recognizes that although the entire list of projects that have been enumerated are needed to alleviate conditions of blight, improvements can only be implemented as funds become available. Also, it may be of benefit to fund smaller projects with available monies, rather than waiting until the Agency has Ah accumulated funds sufficient to implement the more costly projects. Because tax increment revenues build up slowly in early years, the Agency will likely continue to use City loans to finance initial activities. As revenues increase, such loans may be repaid, and the Agency may choose to fund the activities through other financing sources secured by tax increment. One or more bond issues may be sold by the Agency in order to leverage future revenue flows. REASONS FOR INCLUDING TAX INCREMENT PROVISIONS IN THE PLAN Tax increment provisions in sufficient quantity must be included in the Plan because other funding sources are not available to finance the costs of redevelopment. The City's budget alone cannot fund this level of need and other financing programs such as assessment districts may not be workable for the kinds of improvements which are Ak needed. Without the tax increment component, sufficient revenue would not be available Vr to fund the needed programs and improvements. Redevelopment also provides a viable financing tool through tax increment. Through tax increment, property tax revenue generated within the Project Area would be reinvested in the area to remove the economic impediments to private investment. If the City diverted other City funds to construct the needed projects, a cut -back in capital improvements and service needs in other areas of the City would be required. In the case of private investors, once the anticipated investment return on a property is reduced to a rate below comparable alternate investments, development of property is jeopardized. Based upon the cost of infrastructure improvements required to accommodate development in the Project Area combined with the absence of development activity as compared to the surrounding communities, the Agency believes that a equitable return on private investment will not be achieved without the use of tax increment financing. S- TABLE C-1 %ITY OF EA BUINIA TAR INCREMENT PROJECTIONS - COUNTY OF RIVERSIDE PROPOSED REOEVELOPMENT PROJECT AREA MARCH 1999 ill 12) Cumulatiue Year Annual Forecasted Neu Total AV Net Incremtl • Estimated 21 Remaining Remaining Assessed Increase Development Valuation • Tax Increat Pass-thru After After Valuation 31 • 0.01 21 Pass-thru 21 Pass-lhru 0 � 0 BY1908-OP 93,953,975 1989-90 93,953,913 I,818,618 96,772,541 2,818,dI8 • 211,106 17,853 10,333 10,333 1990-91 96,772,541 7,903,176 2,318,775 101.?94,492 8,040,569 • 901,406 36,043 44,342 54,475 1971-91 99,675,717 1,990,172 7,411,516 110.077.514 16,123.591 • 161,236 54,638 106,598 161,274 IF92-91 102,665,980 3,019,980 12,501,987 118,253,955 24,300,031 • 243,000 73,584 169,417 330,690 1993-94 105,145,968 3,172,379 11,608,307 116,576,654 32,572,731 • 325,727 92,908 232,819 563,509 199445 101.918,347 3,267,550 26,71Z,639 130.870,531 44,944,613 • 449,446 112,620 336,026 900,336 1995-96 112,165,890 3,365,577 21,781,144 143.332,611 49,378.696 • 493,791 132,725 361,062 1,261,178 1916-97 115,551,474 3,466,544 29,895,316 148,903,336 54,949,413 549,494 153,133 396,261 1,457,657 1991-98 119,018,019 3,570,541 311,080,750 153,669,290 59,715,367 • 597,154 174,151 423,00) 2,080,662 1998-99 122.508,559 3,677,657 32,313,959 158,590.176 64,636,253 • 646,363 195,487 450,976 2.531,538 1999-00 116,I66,716 3,787,986 311,616,918 163,671,120 69,717,197 • 697,172 217,250 479,922 3,011,460 2000-01 130,054,203 3.901,426 34,961,595 160,917,42) 74,963,500 749,635 239,448 510,187 3,571,647 2001-02 1331955,829 4,010,675 39,6I2,I84 177,704,788 03,011,865 • 830,329 262,090 576,237 4,097.886 20OZ-03 137,974,503 4;139,235 41,404,775 183,510,514 89,564,591 • 095,646 205,185 610,461 4,708,341 2003-04 142,113,739 4,263,412 431,060,96d 187,438,117 95,484,194 • 954,842 308,742 444,100 5,354,448 2004-05 146,377,151 4,371.315 44,783,405 195,551,870 101,597,947 • 1,015,979 332,749 683.210 6,037,659 2005-06 150,768,465 4,523,054 44,574,741 201,866,261 101,912,336 • 1,079,123 357,276 771,845 6,757,503 2006.07 155,291,519 4,658,746 48,437,731 200,387,996 114,434,07) • 1,144„341 382,277 767,064 7,521,547 2007-08 159,950,265 4,798,508 50,315,240 215,124,013 121,170.090 a 1,211„701 401,175 003,126 8,325,493 2000-07 164,748,773 4,942,46) 52,390,250 121,081,486 128,127,56) • 1,281„276 433.704 047.492 P,172,985 2001-10 169,691,236 5,090,737 54.405,060 229,267,833 135,313,910 • 1,353„139 460,313 892,816 10.065,811 2010-11 174,181,973 5,241,459 54,665,294 23d,690,726' 142,736,803 a 1,427,368 487,372 939,994 11,005,807 2011-12 180,025,432 5,400,763 64,974,072 250.302,260 156,348,345 • 1,563,46) 514,773 1,040.511 12,054,317 1012-13 185,426,195 5,562,786 61,471,115 258,460,096 164,506,173 • 1,645,062 543,125 1,101,736 13,156,254 2013-14 190,100,981 5,721,669 10,169,960 166,888,610 172,934,681 • 1,729,347 571,841 1,157,506 14,313,760 2014-15 196,110.650 5,901,560 72,976,758 275,596,916 181,643,045 • 1,616,430 601,131 1.215,300 15,5I9,059 2015-16 202,620,210 6,078,606 75.895,029 284,594,645 190,640,722 • 1,906,401 631,007 1,275,401 16,804,460 2016-17 200,690,816 6,260,964 70,931,661 293,891,443 199,937,520 1,999,375 d61,480 1,337,815 18,142,355 2017-11 214,959,781 6.440,793 82,088,928 303,497,502 209,543,579 • 2,095,436 692,563 1,402,873 19,545,229 2016-17 221,408,574 6,642,257 85,372,486 313,423,317 219,40,394 • 7,194,694 724,267 1,410,427 11,015,656 2019.20 228,050,0)1 6,841,575 88,707,305 323,679,741 229,725,618 • 1,297,250 756,605 1,540,653 22,556,308 2020-21 234,192,554 7,046,77E 72,338,800 334,278,007 240,324,084 • 2,403,241 789,591 1.613,650 24,169,958 2021-27 241,939,127 7,250,174 86,909,796 336,101,097 242,153,174 • 2,411,532 023,234 1,598,296 25,760,255 2022-23 249,197,301 2,475,?1? 90,386,188 341,059,40E 253,105,485 • 2,531,055 857,553 1,673,501 27,441,756 I023-24 256,673,220 7,700,197 94,001,636 358,375,051 264,421,127 • 2,644,211 892,558 1,751,654 29,193,410 2024-15 1d4,373,416 7,931,201 97,761,701 310,066,320 276.112,397 r 2,761,124 910,262 1,831,862 31,076,271 2025-26 272,304.619 0,169,139 101,672,169 382,145,92d 288,191,003 • 2,881,720 964,600 1.917,240 31,943,511 2026-27 790,473,757 0,414,213 105,739,056 324,627,026 300,673,103 • 3,004,131 t,001,827 2,004,904 34,940,416 2017-28 280,887,970 8,664,637 109,960,618 407,523,777 313,549,304 a 3,135,693 1,039,717 2,095,916 37,044,392 Notes$ 1. Assumes a 31 trended growth rate, a 1.01 tax rate, and the Proposition 13 allowed 21 growth Is pass-thru to all taxing entities excei the city 2. Assumes the following development schedule, a. Years 19114 through 2034 - 200 new housing units per year at 1120,000 each with a 41 annual Inflation rate. b. Years 1990 through 1995 - 30,917 s.f, of commercial development valued at 175.00/5f adjusted 41 annually c, Years 1996 through 2006 - 41,380 s.f. of commercial development valued at $15.00 adjusted 41 annually. d. Years 2001 through 2010 - 11,280 s,f. of commercial development valued at $115.00 adjusted 41 annually, e. Years 2011 through 2020 - 104,049 s.f. of commercial development valued at 1171.00 adjusted 41 annually. I. Tears 2021 through 2021 - 65,000 a.f. of comerclal development valued at 1253.00 adjusted 41 annually, 3. 0emaiaing to Agency column represents amount to Agency after all taxing entities shares (except Coachella Valley Public Cemetery) have been deducted from the Remaining After the 21 Pass-thru column. Iq/pa5sthru3 SECTION G SUMMARY OF THE RECORD (MINUTES AND RECOMMENDATIONS) OF THE PROJECT AREA COMMITTEE Section 33385 of the Health and Safety Code provides that the legislative body shall call upon the residents and existing community organizations in a project area to form a project area committee if a substantial number of low and moderate income households are to be displaced by redevelopment activities in the project area. Though the Plan does not include programs that would result in the displacement of the aforementioned households, the City Council deemed it appropriate to form a Project Area Committee (PAC) to gain further community input on the Plan. The PAC for the Project Area was established by Resolution 88-34 on March 22Am , 1988. PAC members were selected and appointed on May 17, 1988. Since its formation, the PAC has held over 4 meetings, all of which have been open to the public. At their meeting of October 14, 1988, the PAC approved the Plan with recommendations for additional modifications. The PAC's final report and minutes of their meetings are included in this Section. As part of their responsibility, the PAC received and reviewed the following documents and reports: - Preliminary Plan - EIR Initial Study - Draft and Final EIRs - Preliminary Report - Redevelopment Plan - Owner Participation Rules - Method of Relocation 11 Pursuant to Section 33334.2 of the Health and Safety Code, not less than 20 percent of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Health and Safety Code and Section 702(2) of the Plan shall be used by the Agency for the purposes of increasing and improving the City's supply of low and moderate income housing available at affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and very low income households, as defined in Section 50105 of the Health and Safety Code, unless one or more of the following findings are made that: (1) no need exists in the City to improve or, increase the supply of low and moderate income housing in a manner which would benefit the Project Area; or (2) some stated percentage less than 20 percent of the taxes which are allocated to the Agency pursuant to Section 702(2) is sufficient to meet such housing need; or (3) a substantial effort to meet low and moderate income housing needs in the City is being made and that this effort, including the obligation of funds currently available for the benefit of the City from the state, local, and federal sources for low and moderate income housing alone or in combination with the taxes allocated under Section :33334.2 of the Health and Safety Code, is equivalent in impact to the funds otherwise required to be set aside pursuant to said Section. All non-residential persons or businesses displaced by the Agency will be assisted in finding other suitable locations and facilities. The Agency shall assist these persons or businesses in the methods set forth in the Agency's Relocation Plan included in Section D of this Report. Additionally, the Agency shall extend Aft reasonable preferences to persons who are engaged) in business in the Project Ask Area to re-enter into business within the Project Area if they otherwise meet the requirements prescribed by the Plan. b. Number of Persons and Families of Low and Moderate Income Expected to be Replaced by the Redevelopment Project Same as "a" above. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed The Agency is bound by the California Redevelopment Law to replace within four years, by a variety of means, any low and moderate income dwelling units removed by a project. A commitment to do so is contained in Section 531 of the proposed Plan. Construction of replacement low and moderate income housing will be dependant upon land availability, market conditions and availability of funds. The Agency's present intention is to develop a series of mixed income developments throughout the Project Area. d. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing The Agency will carefully observe the commitments established by the Plan regarding development and rehabilitation of housing units. The Agency in concert with the City will develop and implement (as funds become available) a multi- faceted Housing Program that will address the housing needs and problems of the surrounding area and community -at -large. The Agency will conform to Sections 33413 of the Health and Safety Code on an aggregate basis. The precise quantity of affordable units will be a function of the total number of dwelling units constructed in the Project Area Permissable densities under existing zoning is described in Section B of this Report. e. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households The Agency intends to utilize tax increment revenues of not less than 20 percent as provided by Section 33670 of the Health and Safety Code, except as may be otherwise provided by Health & Safety Code Section 33334.2. 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. f. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement Housing Objectives Because the Agency can not identify the specific projects and necessary funding for implementation of projects which will cause displacement, no timetable has been established for relocation or replacement housing programs. All relocation activities will comply with Title 25, Chapter 6 of the California Administrative Code and Section 33413 of the Health and Safety Code. �I I F0 n CITY OF LA QUINTA LA QUINTA REDEVELOPMENT AGENCY AGENDA JOINT PUBLIC HEARING REDEVELOPMENT PLAN AND FINAL EIR PROJECT AREA NO. 2 MARCH 21, 1988 7:30 P.M. [�111QZ�If:I�7 Mayor: The meeting will be called to order. This is a joint meeting of: 1. City Council; and 2. Redevelopment Agency The members of the City Council also sit as members of the Redevelopment Agency. Mayor: Please call the roll of the members of the City Council: (Roll Call of Council members) Chair: Please call the roll of the members of the Agency: (Roll Call of Agency members) Action on Agency Resolution Chair: Prior to proceeding with the public hearing on the Redevelopment Plan and Final' EIR, the Agency must first approve the Owner Participation Rules, the Mehtod of Relocation, and the Agency Report to the City Council on the Redevelopment Plan. 1. A Resolution ratifying the Owner Participation Rules, the Method of Relocation and approving the Agency Report to Council on the Redevelopment Plan for Project Area No. 2. BSI \1MWwftl M40W4a A blighted area is one which is characterized by one or more of those conditions set forth in Sections 33031 or 33032, causing a reduction of, or lack of, proper utilization. of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. (Action on Resolution) Public Hearing Mayor: The purpose of this joint public: hearing is to consider and act upon: 1. The proposed Redevelopment Plan for Project Area No. 2; and the 2. Final Environmental Impact Report on the Redevelopment Plan. Conflict of Interest Agency Counsel: After review of Agency and Council members' Statements of (Huebsch) Economic Interests disclosing interests in real property located within the Project Area, the following opinion is rendered: (Opinion) Exhibits Agency Counsel: I would now like to request that the following documents (Huebsch) be entered into the record: Exhibit "A" 1. The affidavit of publication of Notice of the Public Hearing. Exhibit "B" 2. The certificate of mailing of Notice of Public Hearing to each property owner in the Project Area as shown on the last equalized assessment roll. Exhibit "C" 3. The certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project Area. Mayor: These documents will be made part of the record. is� Alft Introductory Statement Concerning Procedures El Mayor: Under the law, it is my responsibility to preside over this joint public hearing. The State law uinder which we are acting is Part 1 of Division 24 of the Health and Safety Code, commencing with Section 33000, (commonly referred to as the "California Redevelopment !Law") and the California Environmental Quality Act (commonly referred to as "CEQA" ), commencing with Section 21000 of the Public Resources Code. This is a joint Public hearing on both the Redevelopment Plan and Final Environmental Impact Report on the Redevelopment Plan, so please make it clear when you are speaking whether your remarks are directed to the Plan, the Environmental Impact Report, or both. The order of procedure will be as follows: First, the staff will present the proposed Redevelopment Plan, the Environmental Impact Report, and other evidence and testimony; 2. Second, we will receive any written comments; and 3. Third, we will receive any evidence or oral testimony from those present concerning the Redevelopment Plan or the Environmental Impact Report. We ask that you confine yourself to new comments only. Does Agency Counsel have arty comments at this time? Statement of Findings for Adoption of Redevelooment Plan Agency Counsel: The purpose of the hearing is to consider evidence and (Huebsch) testimony for and against the certification of the Final EIR and adoption of the Redevelopment Plan for Project Area No. 2. Evidence will be introduced for consideration by the City Council and Agency in connection with certain findings and determinations that will be made with respect to the Ordinance adopting the Plan. These findings and determinations are set forth in Section 33367 of the Health and Safety Code and are generally summarized as follows: The Project Area exhibits the conditions of blight as outlined in Sections 33031 & 33032 of the Health and Safety Code and Agency action is necessary to effectuate the public purposes declared in the Redevelopment Law. / �- 3 2. The Redevelopment Plan would address conditions present in the area in conformity with the Redevelopment and welfare. Law and in interests of the public peace, health, safety 3. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. 4. The Redevelopment Plan conforms to the General Plan of the City. 5. The carrying out of the Redevelopment Plan would promote the public peace, health safety and welfare and would effectuate the purposes and policy of the Redevelopment Law. 6. The condemnation of real property may be necessary to the implementation of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by the Redevelopment Law. 7. If implementation activities result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area, the Agency has a feasible method or plan for the relocation of families and persons displaced by project activities. 8. There are, or are being provided, in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the project area, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. 9. The inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for an effective redevelopment program. No area is included in the Project Area solely for the purpose of obtaining an allocation of tax increment revenues from the area pursuant to Section 33670 of the Health and Safety Code, 10. The elimination of blighting conditions and the development of needed public facilities and utilities within the Project Area could not reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. icy 11. The effect of tax increment financing will not cause a significant financial burden or determent on any taxing agency deriving revenues, from the Project Area. 12. In view of Health and Safety Code Section 33320.1 it is proposed that the City Council make a finding that not less than 80% of the Project Area is urbanized Staff Presentations Mayor: We will now proceed to receive evidence and testimony. Persons desiring to ask questions of staff are asked to wait until the presentation is complete and it is time for public testimony. All questions must be directed to the Mayor who will then have the appropriate staff respond. Introductory Comments Staff: I would like to make some introductory comments about the (Kiedrowski) reasons for the proposed Redevelopment Plan. (Background comments) Summary of Report of Agency Consultant: I will now refer to and summarize the contents of the (Spevacek) Agency Report to the City Council, which is the basic supporting documentation for the Redevelopment Plan. My testimony will also supplement the facts contained in the Report and will be considered as part of the Report. (Summarize) Exhibits Agency Counsel: I would request that the following documents be entered into (Huebsch) the record: Exhibit "D" 1. Agency Report to the City Council. Mayor: These documents will be made part of the record. Environmental Iml2act Report Consultant: I will now refer to and summarize the Final Environmental (Spevacek) Impact Report on the Redevelopment Plan. This is also part of the Report to Council on the Plan. The City of La Quinta is AL the "lead agency" in the preparation of the EIR. This EIR evaluates the potential significant environmental impacts of Plan implementation activities. N....,,,.,.,......... r �J Ell (Review EIR and summarize letters and comments received and responses.) Exhibits Agency Counsel: I would request that the following documents be entered into (Huebsch) the record: Exhibit "E" 1. Final Environmental Impact Report; Exhibit "F" 2. Additional letters, comments and responses, if any, from responding agencies; and Q.S o-E' Fra�day Exhibit "G" 3. Written public communications regarding the Final EIR. Mayor: These documents will be made part of the record. Redevelorlment Plan Consultant: I will now refer to and summarize the Redevelopment Plan. (Spevacek) (Review Redevelopment Plan) Exhibits Agency Counsel: I would request that the following documents be entered into (Huebsch) the record: Exhibit "H" 1. The Redevelopment Plan for Project Area No. 2. Exhibit "1" 2. The Preliminary Report. Mayor: The documents will be made part of the record. Written Comments Mayor: The staff will summarize any written comments to the Redevelopment Plan and Report to Council. Staff: Read or summarize any written comments received. (Kedrowski) Exhibits Agency Counsel: I would request that the written comments be entered into (Huebsch) the record in the following categories: y ,o W ( e Gu "A e -* k.l-* Exhibit " " 1. Taxing agencies response to the Plan; and Exhibit "K" 2. Public Communications concerning the Plan. (Staff or consultant response) / \WuftMon.e.b. R Oral Testimony in Favor Mayor: We will now hear any statements or testimony from those present in favor of the Redevelopment Plan or Environmental Impact Report. You have the opportunity to pose questions to the staff and the consultant through the Chair. Please identify yourselves for the record. (Oral comments in f v r) (Staff or consultant response) Oral Testimony In Opposition Mayor: We will now hear any statements or testimony from those present in opposition to the Redevelopment Plan or Environmental Impact Report. You have an opportunity, if you desire, to pose questions to the staff and the consultant through the Chair. Please identify yourselves for the record. (Oral comments in opposition) (Staff or consultant response) Any Further Oral Testimony Mayor: Does anyone else present desire to make a statement or present testimony concerning the Redevelopment Plan or the Environmental Impact Report? (Additional oral testimony) (Staff or consultant response) — RECESS — Depending on testimony, a determination will be made whether or not it is appropriate to close the public hearing and proceed with Agency/Council action on the Redevelopment Plan documents. One of the following alternatives will be recommended as the course of action to follow upon returning from the recess. Continue Hearing Mayor: Due to the nature of the testimony, the Chair deems it prudent to continue the public hearing for 30 days to allow staff to further address and respond to the concerns raised here tonight. The Chair will entertain a motion to continue the joint public hearing to 7:30 p.m., Tuesday, April 18, 1989. (Motion) I J / F- L Mayor: The joint public hearing is hereby continued to 7:30 p.m., Tuesday, April 18, 1989 in the City Council Chambers at the La Quinta City Hall. END OF THESE PROCEEDINGS jJw Vmwft�mhr+ma. R M (mm %a VAAL3 ' STUDY SESSION ITEM NO. COACHELLA VALLEY ASSOCIATION of GOVERNMENTS • County of Riverside & Cilies of: • Coachella • Desert Hot Springs • Indian Wells • Indio • Palm Desert • Palm Springs • Rancho Mirage • Cathedral City • La Duinta February 16, 1989 TO: Executive Committee, Technical Advisory Committee, Transportation Committee, Transportation Technical Advisory Committee FROM: Nick Nickerson, Regional Planner RE: Most Recent Drafts of the Transportation Program Legal Documents ---------------------------------------------------------- Enclosed are the most recent drafts of the TUMF Ordinance, the Amended JPA for CVAG and the TUMF Program Implementation Agreement, as of February is, 1989. These documents will be discussed at the February 23, 1989 meeting of the Transportation Technical Advisory Committee, and the February 27, 1989 meeting of the Executive Committee. However, final action will not be taken until the March 27, 1989 meeting of the Executive Committee. This will allow the Technical Advisory committee, and the Transportation Committee the time to discuss and make recommendations at their March 1989 meetings. It will also allow each member jurisdiction's council/Board of Supervisors time to preview the documents before being officially presented. The next meeting of the Technical Advisory Committee will be held on March 10, 1989 at 8:00 a.m. in CVAG's Michael S. Wolfson Conference Room. The next meeting of the Transportation Committee will be held on March 8, 1989 at 3:00 p.m. in CVAG's Michael S. Wolfson Conference Room. The normal agenda packets will be distributed prior to each of the meetings indicated. However, please bring along the legal documents enclosed. Enclosures 1 y J DRAFT 2/15/89 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CALIFORNIA, ESTABLISHING A TRANSPORTATION UNIFORM MITIGATION FEE. THE CITY COUNCIL OF THE CITY OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. (1) The City Council of the City of the finds that future development within the City of and within the Coachella Valley to the year 2010 will result in traffic volumes in excess of capacity on the regional system of streets, arterials and highways now existing. (2) The City Council finds that failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets, arterials, s of the regional system. (3) The City Council also finds and declares that in the absence of this Ordinance imposing a fair -share traffic fee upon new development, existing and future sources of revenue are inadequate to fund substantial portions of the vp regional transportation system improvements needed to avoid unacceptable levels of congestion and related adverse impacts. (4) The City Council finds that the adoption of this Transportation Uniform Mitigation Fee ordinance will raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley. (5) The City Council also finds that the Coachella Valley Area Transportation. Study has determined the extent to which the new development of land will generate traffic volumes impacting the roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by such development. (6) The City Council further finds that the regional transportation improvements and the Transportation Uniform Mitigation Fee established by this Ordinance are based on the findings of the 1981 Coachella Valley Area Transportation Study whose policy -committee members represented all nine cities in the Coachella Valley and Riverside County. This Study has established that growth in the year 2010 will affect the entire regional transportation system and therefore the area of impact for future development is the entire Coachella Valley as defined in this Ordinance. The Study made the following additional findings: (a) Population and employment within the Coachella Valley is expected to double by the year 2010 and would cause Levels of Service E and F (as defined in the 1984 Highway - System Capacity Analysis) on existing streets and arterials. (b) The Coachella Valley Area Transportation Study shows that by the year 2010 the Coachella Valley will increasingly become a more integrated and inter -dependent -1- FORMS3/14/mpb region where 92% of all daily trips will stay within the Valley, most as inter -city trips for both residents and visitors. (c) The 1987 Coachella Valley Area Transportation Study modeled and evaluated the effect of projected growth to the year 2010 on all major streets and highways in the Coachella Valley and found that without expansion, the transportation system would suffer severe congestion. Further, the Study showed that the recommended transportation improvements would accommodate the traffic anticipated in the year 2010 at the desired Level of Service C. (d) In the year 2010, according to the Coachella valley Area Transportation Study, the Valley will remain a self-contained community where jobs and the labor force are well-balanced. The increase in inter -city travel, however, will result in an increase in average trip length. (e) Existing and future sources of public revenues are insufficient to fund all the needed transportation improvements. (f) The revenues generated by this Transportation Mitigation Fee will provide the additional funds necessary to construct the transportation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the City and in the Coachella Valley. (g) The Transportation Mitigation Fee is a fair and equitable method of distributing the cost of transportation improvements among the developments which will generate the increased traffic. (7) The City Council adopts all findings and incorporates by reference all findings contained in the following Reports/Studies, attached hereto as Exhibits: Coachella Valley Area Transportation Study, dated December, 1987, Exhibit A herein; Transportation Uniform Mitigation Fee Ordinance Report, dated June, 1988, Exhibit B herein; Transportation Expenditure Plan: Scope and Cost Review, May, 1988 by Bechtel Civil, Inc., Exhibit C herein; Institute of Transportation Engineers (ITE), 3rd Edition, Exhibit D herein, with the exception as referenced in this Ordinance, Section 2(5). SECTION 2. DEFINITIONS. ,1) "Coachella Valley" means those combined boundaries of the Palm Springs Unified School District, Desert Sands Unified School District and that part of the Coachella Unified School District within Riverside County. (2) "Regional System" means those streets, arterials, and road improvements named in this Ordinance as the Regional System as set forth in Section 9 or as may subsequently be amended. (3) The "Coachella Valley Area Transportation Study" means that report published by the Southern California Association of Governments and dated December, 1987, attached hereto as Exhibit A, or as subsequently amended by the entities/jurisdictions of the Coachella Valley Association of Governments. FOFMS3/14/mpb (4) "Average Weekday Trips" means the average number of daily vehicle trips to or from a designated land use Monday through Friday. (5) "Change of Use" means any change in the use of an existing building which results in the increase of vehicular trips. (6) "Trip Generation Rate" means the number of average weekday trips generated by a'particular land use. The Trip Generation Rate for each of the following land -use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 3rd edition, as noted in Section VII: 'Trip Generation Land Use Code', attached hereto as Exhibit D, calculated upon the measurement herein specified, but with the following exceptions: the minimum trip -generation rate for drive -through restaurants shall be 553 average week -day trips, and, if a developer is required to prepare a traffic study, the trip -generation rate shall be as determined by that traffic study and approved by the appropriate general purpose government, but in no case may the rates be less than the ITE rates calculated upon the measurment as herein specified. Trip -generation rates shall. be calculated based upon the following measurement: Residential Single-family, Multi -family, Condominiums, Planned Unit Developments, and Mobile homes shall be calculated per dwelling unit. Lodging Hotels, Resort Hotels, and Motels shall be calculated per room. Restaurants Low turnover, Sit-down, high turnover, and Drive -through shall be calculated per 1000 sq. feet gross floor area. Retail Stand-alone convenience store and Shopping centers, shall be calculated per 1000 gross square feet. Office Space Office space shall be calculated per 1000 square feet of gross floor area. Banks Walk-in, with Drive -through, Savings & Loan and Savings & Loan with Drive -through shall be calculated per 1000 square feet of gross floor area. Light in Industrial Park and manufacturing shall be calculated per 1000 gross leasable square feet. Medical Hospitals shall be calculated per 1000 gross square feet. Recreation Golf Courses independent of hotels shall be -3- i JOINT MEETING CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 21, 1989 Joint meeting of the La Quinta City Council and La Quinta Redevelopment Agency was held on March 21, 1989, Mayor/Chairman Pena presiding. CITY COUNCIL ROLL CALL: PRESENT: Council. Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None REDEVELOPMENT AGENCY ROLL CALL: PRESENT: Mr. Bohnenberger, Mrs. Bosworth, Mr. Rushworth, Mr. Sniff, Chairman Pena ABSENT: None Mayor Pena advised that prior to proceeding with the public hearing on the Redevelopment Plan and Final EIR, the Agency must first approve the Owner Participation Rules, the Method of Relocation, and the Agency Report to the City Council on the Redevelopment Plan. He continued, that a blighted area is one which is characterized by one or more of those conditions set forth in Sections 33031 or 33032, causing a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. At this time, Mr. Kiedrowski proceeded to introduce the City's consultants - Mark Huebsch with Stradling, Yocca, Carlson; and Frank Spevacek with Rosenow Spevacek Group. RESOLUTION NO. RA 89-5 A RESOLUTION OF THE LA QUINTA, CALIFORNIA REDEVELOPMENT AGENCY RATIFYING AND CONFIRMING THE OWNER PARTICIPATION RULES AND METHOD OF RELOCATION AND APPROVING AND AUTHORIZING TRANSMITTAL OF ITS REPORT TO THE CITY COUNCIL WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2. It was moved by Mr. Sniff, seconded by Mr. Bohnenberger, that Resolution No. RA 89-5 be adopted. Motion carried unanimously. J 1. JOINT PUBLIC HEARING ON FINAL EIR AND REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2. Mayor/Chairman Pena advised that the proposed Redevelopment Plan for Project Area No. 2 and the Final Environmental Impact Report on the Redevelopment Plan. Mr. Huebsch advised that after review of the Agency and Council Members Statements of Economic Interests disclosing interest in real property located within the Project Area, it is his opinion that none of the members is disqualified from participating or voting on the plan for adoption. Mr. Huebsch requested that the following documents be entered into the record: a. The affidavit of publication of Notice of the Public Hearing. b. The certificate of mailing of Notice of Public Hearing to each property owner in the Project Area as shown on the last equalized assessment roll. c. The certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency with the Project Area. Mayor/Chairman Pena advised that the State law under which we are acting is Part 1 of Division 24 of the Health and Safety Code commencing with Section 33000, (commonly referred to as the "California Redevelopment Law:) and the California Environmental Quality Act (commonly referred to "CEQA"), commencing with Section 21000 of the Public Resources Code. Mr. Huebsch advised that the purpose of the hearing is to consider evidence and testimony for and against the certification of the Final EIR and adoption of the Redevelopment Plan for Project Area No. 2. Evidence will be introduced for consideration by the City Council and" Agency in connection with certain findings and determinations that will be made with respect to the Ordinance adopting the Plan. Mr. Huebsch proceed to review the findings and determinations as are set forth in Section 33367 of the Health and Safety Code as follows: 1. The Project Area exhibits the conditions of blight as outlined in Sections 33031 & 33032 of the Health and Safety Code and Agency action is necessary to effectuate the public purposes declared in the Redevelopment Law. 2. The Redevelopment Plan would address conditions present in the area in conformity with the Redevelopment Law and in interests of the public peace, health, safety and welfare. ® 3. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. 4. The Redevelopment Plan conforms to the General Plan of the City. 5. The carrying out of the Redevelopment Plan would promote the public peach, health safety and welfare and would effectuate the purposes and policy ofthe Redevelopment Law. 6. The condemnation of real property may be necessary to the implementation of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by the Redevelopment Law. 7. If implementation activities result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area, the Agency has a feasible method or plan for the relocation of families and persons displaced by project activities. 8. There are, or are being provided, in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the project area, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. 9. The inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for an effective redevelopment program. No area is included in the Project Area solely for the purpose of obtaining an allocation of tax increment revenues from the area pursuant to Section 33670 of the Health and Safety Code. 10. The elimination of blighting conditions and the development of needed public facilities and utilities within the Project Area could not reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. 11. The effect of tax increment financing will not cause a significant financial burden or determent on any taxing agency deriving revenues from the Project Area. 12. In view of Health and Safety Code Section 33320.1 it is 40 proposed that the City Council make a finding that no less than 80% of the Project Area is urbanized. ® = Mr. Huebsch advised that the Council/Agency will be called upon to make findings regarding Section 33367 if it elects to adopt a Redevelopment Plan. The findings have to be supported by substantial evidence which has been defined as relevant evidence that a reasonable mind might accept as adequate in support of a conclusion. In terms of blight, in addition to having factors of blight be present, blight must be considered on the area as a whole and conditions of blight must pervade and predominate within the project area. The Mayor declared the public hearing OPEN. Mr. Kiedrowski briefly reviewed the history of this project. He advised that this hearing will be continued to April 18th. Mr. Spevacek then summarized the contents of the Agency Report to the City Council, which is the basic supporting documentation for the Redevelopment Plan and is on file in the City Clerk's office and he also summarized the Final Environmental Impact Report which evaluates the potential significant environmental impacts of Plan implementation activities and asked that they be made a part of the record. Mr. Huebsch then asked that the following documents be entered into the record: ® a. Final Environmental Impact Report; b. Additional letters, comments and responses, if any, from responding agency; C. Written public communications regarding the Final EIR. Mr. Spevacek then summarized the Redevelopment Plan advising that the Plan that was circulated earlier basically serves as the constitution to the Agency guiding and implementing redevelopment in the project area. The Plan defines the boundaries of the project area; provides the Agency authority to acquire property; provides for relocation; provides for property rehabilitation, constructs specified improvements; provides for property management if the Agency owns any property during the duration of the Plan; and establishes limits on the amount of tax increment revenue that the Agency can receive. He noted that in response to the Fiscal Review Committee report, the staff is proposing that the limits that were established for tax increment and bonded indebtedness that were put forth in the draft Redevelopment Plan be reduced from the four hundred million dollar limit on tax increment to two hundred fifty million dollars and to establish a two hundred million dollar cap on the total amount of bonded indebtedness the agency may have outstanding at any one time. The Plan also provides for the Agency to use its authority of eminent domain to acquire property within the project area. Mr. Huebsch asked that the following documents be entered into the record: a. The Redevelopment Plan for Project Area No. 2. b. The Preliminary Report. Mr. Kiedrowski advised that there have been no written comments other then those previously listed. Any that are received will be placed into the record prior to closing of this hearing. The Mayor then called for oral testimony in favor of adoption of Redevelopment Project Area No. 2. or the EIR. There was none. The Mayor then called for oral testimony in opposition to adoption of Redevelopment Project Area No. 2 or the EIR. There was none. The Mayor entertained a motion to continue the public hearing to 7:30 P.M. on Tuesday, April 18, 1989. MOTION - It was moved by Council Member Bohnenberger, seconded by Council Member Sniff to continue this public hearing to 7:30 P.M. on Tuesday, April 18, 1989. Motion carried unanimously. Upon motion by Council Member Sniff, seconded by Council Member Bosworth, the meeting was adjourned. Motion carried unanimously. Re ectfully submitted, AUNDRA L. JUHOL , City Clerk/Secretary City of La Quinta/La Quinta Redevelopment Agency lJ RESOLUTION NO. RA 89-5 A RESOLUTION OF THE LA QUINTA, CALIFORNIA REDEVELOPMENT AGENCY RATIFYING AND CONFIRMING THE OWNER PARTICIPATION RULES AND METHOD OF RELOCATION AND APPROVING AND AUTHORIZING TRANSMITTAL OF ITS REPORT TO THE CITY COUNCIL WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 WHEREAS, the Redevelopment Agency has prepared the proposed Redevelopment Plan for Project Area No. 2; and WHEREAS, the Redevelopment Agency desires, when consistent with the objectives of the Redevelopment Plan, to provide for owner participation and to give preference to existing owners and business tenants for reentry in Project Area No. 2 as required by the California Redevelopment Law (Section 33380 of the Health and Safety Code); and WHEREAS, the Redevelopment Agency is required by the California Redevelopment Law (Section 33334.5 of the Health and Safety Code) to adopt a method Ah of relocation for the Redevelopment Plan and Project Area No. 2; and WHEREAS, the Redevelopment Agency has prepared the Agency Report to the _ City Council on the Redevelopment Plan in accordance with the California Redevelopment Law (Section 33352 of the Health and Safety Code). NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: Section 1. That the owner participation rules entitled the "Rules Governing Participation by Owners of Real Property and Persons Engaged in Business in the La Quinta Redevelopment Project Area No. 2" and incorporated by reference herein, shall govern the participation of owners and the reentry of owners and business tenants in Project Area No. 2. Section 2. That the method of relocation entitled the "Method of Relocation for the La Quinta Redevelopment Project Area No. 2" and incorporated by reference herein, shall be the method of relocation for Project Area No. 2. Section 3. That the Agency Report to Council in the form presented at this meeting is hereby approved and the Executive Director of the Redevelopment Agency is authorized and directed to transmit the Agency Report to Council to the La Quinta City Council for consideration at the Joint Public Hearing with respect to the Redevelopment Plan and Final Environmental Impact Report for Project Area No. 2. %Iaq�\op� RESOLUTION NO. RA 89-5 PASSED AND ADOPTED by the La Quinta Redevelopment Agency of the City of La Quinta, California at its regular meeting held this 21 th day of Ma,.c , 1989, by the following vote to wit: AYES: Mr. Bohnenberger, Mrs. Bosworth, Mr. Rushworth, Mr. sniff Chairman Pena NOES: None ABSENT: None ABSTAIN None ATTEST: Afth La Quinta Redevelo—pmenf Agency C 9�-2� Barry Bran City Attorney La Qulnta edevelopment Agency ��k� CITY OF LA QUINTA LA QUINTA REDEVELOPMENT AGENCY AGENDA CONTINUED JOINT PUBLIC HEARING REDEVELOPMENT PLAN AND FINAL EIR PROJECT AREA NO.2 APRIL 18, 1989 7:30 P.M. Call to Order Mayor: It is now time to convene the Continued Joint Public Hearing on the Redevelopment Plan and Final EIR for Project Area No. 2. This is a joint meeting of: 1. City Council; and 2. Redevelopment Agency The members of the City Council also sit as members of the Redevelopment Agency. RQII Call of Agency Ah Chair: Please call the roll of the members of the Agency: (Roll Call of Agency members) Introductory Comments Mayor: I would like for staff to summarize the proceedings to date regarding this project, and outline the purpose of tonight's Continued Joint Public Hearing. Staff or Consultant: Background comments on: - The Redevelopment Plan and Final EIR. - The March 21, 1989 Joint Public Hearing and the documents reviewed, testimony received and the reasons for the continuance. - The activities and actions that are scheduled to occur this evening. Mayor: Thank you for that report. 1 would now like to refer to Agency Counsel and have him summarize any documents or correspondence the Agency has received since March 21 st Alk regarding the Redevelopment Plan and Final EIR. Agency Counsel: (Summarize any written comments received) (Huebsch) f:J Exhibit "L" 1. Communications or documents concerning the Redevelopment Plan and/or Final EIR. Mayor: These documents will be made part of the record. Qral Testimony in Favor Mayor: We will now hear any statements or testimony from those Iresent in favor of the Redevelopment Plan or Environmental mpact Report. You have the opportunity to pose questions to the staff and the consultant through the Chair. Please identify yourselves for the record. (Oral comments in favor) (Staff or consultant response) Mayor: We will now hear any statements or testimony from those present in opposition to the Redevelopment Plan or Environmental Impact Report. You have an opportunity, if you desire, to pose questions to the staff and the consultant through the Chair. Please identify yourselves for the record. (Oral comments in Oppo is'tion) (Staff or consultant response) Any Further Oral Testimony Mayor: Does anyone else present desire to make a statement or present testimony concerning the Redevelopment Plan or the Environmental Impact Report? (Additional oral testimony) (Staff or consultant response) Mayor: Mayor: Are there any final questions by members of the Council or Agency? If there is no further testimony or evidence to be received at this time, the Chair will entertain a motion to close the hearing. (Motion) The joint public hearing of the City Council and the Agency is now closed. 9 Agency Cgnsiderationc Chair: The La Quinta Redevelopment Agency will now consider action on the following items: I. Resolution finding that the use of taxes allocated from Redevelopment Project Area No. 2 for the purpose of housing outside the Project Area will be of benefit to the Project. (Action on Resolution) 2. Resolution certifying the completion of the Final Environmental Impact Report for La Quinta Redevelopment Project Area No. 2. (Action of Resolution) 3. Resolution approving the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2. (Action on Resolution) ADJOURN AGENCY MEETING Aft city Council Qon iderations Mayor: The City Council will now consider action on the following items: 1. Resolution finding that the use of taxes allocated from Redevelopment Project Area No. 2 for the purpose of housing outside the Project Area will be of benefit to the Project. 2. Resolution certifying the completion of the Final Environmental Impact Repdrt for La Quinta Redevelopment Project Area No. 2. Oppinion Regarding Written Qbjections to the Plan Agency Counsel: Opinion as to whether the City Council can take action (Huebsch) on the Ordinance this evening, or whether the written communications warrant a written response and continuation of all actions pertaining to the first reading of the Ordinance. (Mr. Huebsch perspicacious opinion) If it is deemed appropriate to continue the Council will be requested to take the following actions: 1. A motion to read the Ordinance by title only adopting the Redevelopment Plan for Project Area No. 2. / \WIulnV\443 etp�q I v� (Action on Motion) 2. Ordinance adopting the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2. (Action of first reading) END OF HEARING 11 11 IG ) FINDINGS AND RESPONSES TO WRITTEN OBJECTIONS MADE PURSUANT TO HEALTH AND SAFETY CODE SECTION 33363 RELATING TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 The following letters were received and delivered to the City Clerk prior to or during the public hearing held on March 21 and April 18, 1989. Exhibit "A" - Letter from Norman R. King, dated March 23, 1989. Exhibit "B" - Letter from Leslie R. Pricer, dated April 18, 1989. Exhibit "C" - Letter from Darwin D. Oakley, dated April 18, 1989. Although Leslie Pricer testified in favor of the Redevelopment Project at the April 18, 1989 hearing, the City Council has determined to make the responses below to his April 18, 1989 letter pursuant to Health and Safety Code Section 33363. Neither Norman King nor Darwin Oakley presented oral comments on the hearing dates referenced above. Furthermore, because their letters are not written objections of "affected ® property owners or taxing entities," a written response is not necessary under Section 33363. Still, the City Council has determined to respond in writing to the comments in these letters. A. Response The following constitute the written findings of the City Council of the City of La Quinta made in response to the letter received from Norman R. King, City Manager of the City of Palm Springs, dated March 23, 1989, which letter is attached hereto and incorporated herein as Exhibit "A." Comment No. 1: The Palm Springs City Council has become aware of the proposed inclusion of 3,164 acres of primary vacant land in La Quinta into a new redevelopment project area on the basis that this is a blighted area. It appears you want to follow in the footsteps of Indian Wells and Palm Desert which have also declared primarily vacant land blighted even though legislation 11 has been in place for five (5) years now, to prevent this type of project from occurring. Response: As more completely discussed in Section B of the Report to Council, the 3,116 acre Project Area is both "predominately urbanized" and a "blighted" as those terms are defined under the Community Redevelopment Law. The commentor is directed to Section B of the Report to Council for the factual basis on which the City Council has made these urbanization and blight findings, and particularly to the tables on pages B-10 and 8-11 which set forth the General Plan land use and zoning designations as well as the existing land uses in the Project Area. Comment No. 2• Our primary concerns are related to the impact on the Palm Springs Airport that this kind of growth inducing project creates, and the shift of the apportionment of. Riverside County taxes away from services normally provided. Response• The City Council is unaware, and the commentor has not made the City aware of any impact which the adoption of the AM Redevelopment Plan for Redevelopment Project No. 2 will have on the Palm Springs Airport. There is no empirical basis set forth by the commentor to substantiate such an assertion. As set forth on pages 42-44 of the Final EIR, the redevelopment related growth of population in the Project Area will be consistent with SCAG growth projections. With regard to the shift of apportionment of Riverside County tax revenues away from services normally provided by the County, the City has had many discussions with the County and has satisfied the County's concerns with regard to the financial burden or detriment of Redevelopment Project No. 2 on the ability of the County to provide services. U Comment No. 3• After much discussion and negotiation, the City of Palm Springs and Indian Wells did develop an agreement which overcame most, if not all, of our concerns. I have attached a copy of that agreement to this letter. Our City Council would appreciate your City Council's review of this agreement with the request that you consider adopting a similar agreement with Palm Springs if it is your desire to continue with your project. 04/27/89 4352n/2338.04 -2- 11 Response: The City fails to understand the relevance of the Settlement and Release Agreement entered between Palm Springs and Indian Wells to the adoption of La Quinta Redevelopment Project No. 2 and, therefore, has not considered adoption of "a similar agreement." The commenter is directed to the responses to Comment Nos. 1 and 2 above which should overcome the City of Palm Springs' concerns. The commentor's letter appears to be a threat aimed either at forcing negotiations or diverting attention from litigation attendant upon a suit filed by a taxing entity with respect to the ninth redevelopment project area recently adopted by Palm Springs (see Exhibit "D" hereto). B. Response To Letter Received From Leslie R. Pr The following constitute the written findings of the City Council of the City of La Quinta made in response to the letter received from Leslie S. Pricer, District Consultant for the Soils Conservation District, dated April 18, 1989, which letter is attached hereto and incorporated herein as Exhibit "B." Comment No. 1: This letter on the date of the continued public hearing of the La Quinta Redevelopment Agency on Project Area Number 2 shall serve as a reminder of a request for "Pass Through" for the Soils Conservation District. Your thoughtful comments on the needs of these special districts was most appreciated. The total loss to the District over the life of the project area is but a mere $5,000 dollars. Response• Neither the City nor the Agency will be entering a "Pass Through" agreement with the Soils Conservation District. However, pursuant to the District's request and upon a showing of financial burden and detriment, the City Manager has offered to provide the Soils Conservation District with a pickup truck. Comment No. 2• As you recall, you suggested that perhaps a "grant" to the district could be made in the above amount and that you would personally prepare the request document. I have relayed that information to the district and they are most appreciative of the gesture. Soils Conservation is a very efficient agency and 04/27/89 4352n/2338.04 -3- AUk currently operates on a meager budget of $73,000! The recovery of any funds is a welcome relief to the operations. Response: The City Council understands that there is no need to prepare a written agreement for this purpose. Comment No. 3: In addition you mentioned that you [Mr. Kiedrowski] would attend a board meeting but evidently did not have the time to make it. If you would, the district would certainly welcome your attendance. Mr. Kiedrowski, thank you for the continued consideration of this district. Response: Mr. Kiedrowski will make every effort to attend the District's next regularly scheduled meeting. C. Response To Letter Received From Darwin D. Oakley Dated April 18. 1989 The following constitute the written findings of the City Council of the City of La Quinta made in response to the letter received from Darwin D. Oakley, Mayor of the City of Indio, dated April 18, 1989, which letter is attached hereto and incorporated herein as Exhibit "C." Comment No. 1: The City of Indio and/or Redevelopment Agency has not received a response to our comments of December 13, 19881 regarding the proposed Redevelopment Project Plan No. 2 and the Environmental Impact Report relating thereto. Response: During the public review period for the Draft EIR prepared for La Quinta Redevelopment Project Area No. 2, a 13 page, written memorandum consisting of 83 specific comments on the Draft EIR was received from Jim FitzHenry, Vice -Mayor of the City of Indio dated September 28, 1988. The Final EIR incorporated the letter and provided responses to each of the 83 Indio comments (see Final EIR pages 114-132). On December 13, 1988, the evening on which the Planning Commission considered and approved the Final EIR, and 76 days after the public review period closed, the City received a letter from Darwin D. Oakley, Mayor of the City of Indio providing comments on La Quinta's responses to Indio's September 28, 1988 comments 04/27/89 4352n/2338.04 -4- AMk on the Draft EIR. Because the December 13, 1988 comments were not received during the noticed public review and comment period, no response is required to be made (see 14 California Code of Regulations Section 15088(a)). No oral testimony has been received from any representative from the City of Indio at either the December 13, 1988 Planning Commission meeting or the March 21, and April 18, Joint Public Hearing of the Redevelopment Agency and City Council. Because these comments were received after the public review period closed, which period ran from August 15, 1988 through September 28, 1988 (see the Notice of Completion, Appendix E to the Final EIR) the City has chosen, in its discretion under 14 California Code of Regulations Section 15088(a), not to respond to these comments insofar as they are comments on the EIR. 11 Comment No. 2• Our comments filed with the City of La Quinta on December 13, 1988, still appear to be valid objections to proposed Redevelopment Project No. 2 in the City of La Quinta. Response: The December 13, 1988 letter referenced by the commentor is attached hereto as Exhibit "D" and incorporated herein by this reference. Certain December 13, 1988 comments might be cognizable as objections to Redevelopment Project No. 2. However, the commentor failed to appear at the public hearings and has failed to specify which comments are intended to be objections to the Redevelopment Project. Furthermore, Health and Safety Code Section 33363 provides only that the City Council must "make written findings in response to each written objection of an affected property owner or taxing entity" before adopting any redevelopment plan. Therefore, written findings in response to the City of Indio's objections are not required. (Indio is neither an affected property owner nor an affected taxing entity.) Still, the City has herein determined to respond to certain December 13, 1988 comments as objections to the Redevelopment Project No. 2. The City Councils' responses are as follows: Comment No. 2(a)• Provide some review of the conformance of the proposed project with the state's definition of a "redevelopment project area." Data are presented in Appendix G that supposedly justify designating the area for redevelopment, but no direct evidence is presented that the project area complies with the 80% developed criteria. 04/27/89 4352n/2338.04 -5- Response: Alk Section B of the Report to Council describes how the Project Area conforms to the definition of a redevelopment project area under the Community Redevelopment Law. Specifically, pages B-2 and B-3 describe how the project area is "predominately urbanized" as defined in Section 33320.1. The tables on pages B-10 and B-11 show land use and zoning designations in terms of the percentage of developed and to be developed property. 11 Comment No. 2(b): With a projected population doubling by year 2000 the assumed 40 year redevelopment period does not appear reasonable. Response: The 40--year term in the Redevelopment Plan is necessary to generate tax increment revenue in the Project Area so that the objectives of the Plan may be met. The Commentor is directed to Section C of the Report to Council for a discussion of the proposed method of financing the redevelopment of the Project Area. In response to the concerns of affected taxing entities as brought to light through the fiscal review process, the increment level has been substantially reduced. Comment No. 2(c) If the housing stock is second homes then they are not actually available for use. You have no basis for supporting the contention that residential development is stifled or not because there is no clear basis for knowing whether excess homes are on the market. Without this information much of the rationale for the redevelopment plan extending into residential and undeveloped areas is eliminated. Response: The rationale for choosing the Redevelopment Project Area boundaries is set forth in Section A of the Report to Council, entitled "Reasons for -Selecting the Project Area." Comment No. 2 (d) : No specific response is provided to the questions regarding the status of land with maps as developed or underdeveloped. This information is needed to determine whether the definition of blighted meets the test of the law or not. 04/27/89 4352n/2338.04 -6- 11 u Response: See response to Comment No. 2 (a) above. Comment No. 2(e) There is a fundamental contradiction in the EIR's conclusionary statement that the Redevelopment Plan is consistent with the General Plan but consistency will not be reviewed until a later date for specific projects. This is another example of a particularly important issue from both the environmental and redevelopment procedures standpoint where basic analysis and supporting data are essential and have been ignored. The result is a Plan and EIR that do not adequately meet the tests of their respective laws and regulations. Response: As set forth in Section F of the Report to Council, the Planning Commission determined that the Redevelopment Plan conforms to the City's General Plan. It does not contradict the Planning Commission's finding to state that specific projects within the Redevelopment Project Area will be reviewed for consistency with the General Plan on a case by case basis before they are approved. 04/27/89 4352n/2338.04 -7- u Office of City Manager 619.323-8201 March 23, 1989 City of Palm Springs Mr. Ron Kiedrowski City Manager City of La Quints 78105 Calle Estado La Quints, CA 92253 Dear Mr. yf�ki: The Palm Springs City Council has become aware of the proposed inclusion of 3,164 acres of primarily vacant land in La Quinta into a new redevelopment project area on the basis that this is a blighted area. It appears you want to follow in the footsteps of Indian Wells and Palm Desert which have also declared primarily vacant land blighted even though legislation has been in place for five (5) years now, to prevent this type of project from occuring. Our primary concerns are related to the impact on the Palm Springs Airport that this kind of growth inducing project creates, and the shift of the apportionment of Riverside County taxes away from services normally provided. After much discussion and negotiation, the City of Palm Springs and Indian Wells did develop an agreement which overcame most, if not all, of our concerns. I have attached a copy of that agreement to this letter. Our City Council would appreciate your City Council 's-review of this agreement with the request that you consider adopting a similar agreement with Palm Springs if it is your desire to continue with your project. Thank you for your consideration. Sincerely, '000e Norman R. King 40 City Manager NRK/ft I THIS BETTXM42NT AND RELEASE ACREZMZNT is entered into on the day o'v�, 1989, by and among the City of pain Springs ("Palm Springs") and the City of Indian Wells ("Indian Wells") and the Redevelopment Agency of the City of Indian Wells (the "Redevelopment Agency"), Richard R. Oliphant, William Arenstain, James D. Aughtry, Don C. Briscoe and Philip xanuall in their capacities as members of the City Council of the City of Indian Wells and members of the Redevelopment Agency of Indian Wells (hereafter collectively referred to as "Defendants"). B�SSIALa AM WHEREAS, Palm Springs has filed a complaint to determine the validity of proceedings and for declaratory and injunctive relief against Defendants, entitled City of palm 8nrinan v. All persons Interested atc st al., superior court of the State of California, County of Riversids, Case No. INDIO $1330; and WHEREAS, the parties wish to avoid further expense of litigation and to settle all issues, in the manner described below, which have been raised and could have- been raised in the litigations L 2 1 A I A K I a NOW, TSEREFORE, in consideration of the above and of the covenants and conditions get forth below, the parties agree as AlftL follows: Section 1.01. asli_ ni_ ts., As used herein, the following terms shall have the meanings ascribed theretot "Complaint" means the complaint entitled C tv_ef Pala Springs v.- All Parsone Interested etc at al filed in the Superior Court of the State of California, County of Riverside (Came No. INDIO 51330). "Indian Wells" means the City of Indian Wells, a municipal corporation. "Palm Springs" means the City of Palm springs, a municipal corporation. "Redevelopment Agency" means the Redevelopment Agency of the City of Indian Wells, a redevelopment agency organized and existing under the Community Redevelopment Law, commencing with Section 33000 of the Health and Safety Code. "Roadrunner Project Area" means the project area defined in the redevelopment plan adopted by ordinance No. 234, dated August 13, 1997, "Tax Increment Revenues" means that portion of the ad valorem property taxes actually received and retained by the Redevelopment Agency from increases in assessed valuation in the Roadrunner Project Area over the base year assessed valuation in the Roadrunner Project Area, as defined in Section 33670 of the Health and Safety Code, exclusive of ad valorem property taxes transferred to othor public entities pursuant to a pass -through .ti agreements provided that Tax Increment Revenue shall refer and be 2 Ask limited to those ad valorem property taxes collected as a result of the one percent (it) levy 'authorized under Article XIIi of the California Constitution. OWhitewater project area" moans the project area defined in the redevelopment plan adopted by ordinance No. 238, dated August 13, 1987. Section 1.02. 9141bjta. The following exhibits are attached hereto and made a part hereof: Exhibit "A" - Form of Stipulated Judgment. Section 1.03. Rules of Construction. Words of the masculine gander shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include Ah plural numbers and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. Section liO4. Reference to Agreement. The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in this Agreement, refer to this Agreement. A=CLR II Section 2.01. Conditions of Settlement. The covenants entered into herein by the Defendants are contingent upon the availability of Tax Increment Revenue from the Roadrunner Project Area. if Tax Increment Revenues become unavailable at any time as a result of any action or other proceadings, the covenants H �1 J shall not bind the Defendants for so long as Tax Increment Revenues are unavailable. Section 2.02. Limitations on Use of Tax Increment Ram e Tax Increment Revenue generated from the Roadrunner Project Area shall not be used for any of the purposes specified as follows: (a) Hotel development; (b) Conference/convention center development; (c) Parking structures as a component of hotel or conference/convention center development; (d) Golf courses, tennis facilities, swim centers or other recreational facilities for the exclusive or priority USA of hotels and conference/convention centers; (a) Lost property tax revenues on facilities owned by Indian Walls; (f) Greenbelts and lakes for the exclusive or priority use of hotels and conference/convention centers; (g) Write -down of land costa; (h) Payment of disproportionate administrative costs; (i) Ordinary development costs and public facilities normally required to be installed by developer adjacent to developer projects; and (j) Customary fees charged to developers. Section 2.03. 'Joe of Tax Increment R venue. Sxcapt as provided above, Tax Increment Revenue generated from the n u Am Roadrunner Project Area may be used for any of the purposes specified as follows: (a) Employee or contractual services of Indian walls or any local government agency which are directly related to redevelopment activities, am defined in Sections 33020 and 33021 of the Health & Safety Coder (b) Extraordinary development costs, that jet costs which would not normally be imposed upon or incurred by a developer for the construction or improvement of off -sits public facilities, including, but not limited to, freeway overpasses and interchanges, bridges, flood control and drainage facilities, over -sizing of public facilities, street and roadway improvements, traffic signalization, utilities and other public faciiitiesr (c) Any other redevelopment activities which primarily benefit the Roadrunner Project Area, not prohibited under section 2.02. Section 2.04. Affordabls Housing. Nothing contained herein ahall limit or be construed to limit the use of Tax increment Revenue generated from the Roadrunner Project Area: (a) For the provision and improvement of affordable housing; or (b) For any of the purposes specified in Section 33334.2 of the Health and Safety Code or other statutory or regulatory provisions relating to the subject matter Aft thereof. 113 Section 2.05. Pavmant of Tax KAMS". Indian wells agrees to pay to Palm springs a portion of the Tax Increment Revenues generated from the Roadrunner Project Area specified as followss (a) First, the amount of $100,000 to the general fund of Palm springs to be used for any lawful purposes and (b) Second, the amount of $3,400,000 to a special fund of Palm Springs to be used exclusively for improvements to the Palm Springs Airport and appurtenant street improvements. The extent of participation by Indian wells in the improvements specified in subsection (b) above is based upon the concept that the County and all of the cities in the Coachella Valley benefit from or will benefit from the Palm Springs Airport. AML 1p Section 1.06. Time of Pavmant of Tax Increment. Indian wells agrees to make the payment to Palm springs, in the amounts and order of priority specified in Section 2.05, from the first available Tax Increment Revenues generated from and received by Indian halls from the Roadrunner Project Area, after deducting amounts necessary for deposit in the Low and Moderate income Housing Fund, pursuant to Sections 33334.2 and 33334.6 of the Health and Safety Code. These Tax Increment Revenues shall be paid to Palm Springs, within thirty (30) days after receipt thereof by Indian wells. Section 7.07. First Lion on Tax T crlmants Covenant of Superior Lian. Indian walls agrees that the obligation under Ah Section 2.06 shall constitute a first lien upon Tax Increment Revenues generated from and received by Indian wells from the 6 I I Y ® Roadrunner Project Area. Furthermore, Indian wells represents and covenants that it has not and will not incur any obligation for which Tax Increment Revenues generated from the Roadrunner project Area are pledged which is superior to the obligation created under Section 2.06. Section 2e0a. Consolidated Convention and vase+ore' SLrsau. Indian wells agrees to affirmatively participate with Palm Springs and other cities in the Coachella Valley in the adoption and implementation of a consolidated convention and visitors' bureau. Section 2.09. Cyarlan of whitawater prOJGCY Area and Roadrunner Project Area. Vpon final settlement of all challenges to the validity of the Roadrunner Project Area and Roadrunner ® Redevelopment Plan and all proceedings incident thereto, Indian Weiss shall forthwith undertake and diligently process to Completion the detachment of any territory within the Whitawater Project Area which may overlap the Roadrunner Project Area. Section 2.10. Amendments to Roadru_**+ar Project Area; I[atisas. Indian wells agrees to provide Palm Springs with all notices under the California Environmental Quality Act in connection with any amendment to the Roadrunner Redevelopment Plan regardless of whether such notices are required by law. Furthermore, Indian wells agrees to provide Palm Springs with written notice of any public hearing on any amendment to the Roadrunner Redevelopment Plan not less than sixty (60) days prior to such public hearing. section 2,11. Release of Ali d ales, Each party releases, waives and forever discharger the other party from any and all claims raised in the complaint, or which could have been raised in the Complaint. Further, each party waives any and all rights it may have under Section 1542 of the Civil Code, which reads as follows "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Each party agrees to bring no other action, claim and/or proceeding, or to appear in such action, claim or proceeding based on the issues in the Complaint which were raised, or could have been raised, and/or which has the purpose, or will have the effect, of preventing or delaying the implementation of the Roadrunner Project Area, or the use of Tax Increment Revenue therefrom for any of the purposes described in this Agreement. Notwithstanding the foregoing, nothing contained herein shall prevent either party from bringing an action to enforce the provisions of this Agreement. Section 2.12. Court Approval, Immediately upon execution of this Agreement, the parties shall jointly request entry of a stipulated judgment in substantially the form not forth in Exhibit "A". Section 3.01. other Documents. Each of the parties to this Agreement agrees to execute such other and further documents as a ® may be reasonably necessary to carry out the terms of this Agreement. Section 3.02. Prevailing paa=vt A *ornays FeA&. If any action or claim is brought by a party to this Agreement against ally other party, the prevailing defense to which is any provision of thin Agreement, the prevailing party shall be entitled to recover as an element of its costs of suit all attorneys, fees and other costs actually incurred in connection with such action, claim and/or any appeal therefrom, without regard to any otherwise applicable court schsdulas employed for the determination thereof, and, in the coma of attorneys' foam, whether or not such action or claim proceeds to judgment. Section 3.03. Entire ACraamant. This Agreement contains the ® entire agreement between the parties. The terms of this agreement are contractual and not more recitals. This Agrammant is execntad without reliance upon representations not stated in thin Agreement and the undersigned have carefully read and understood the ccntsnts of this Agreement and sign the same as their own free act. Section 3.04. Nottlamentgff pis_ruted claims. it is understood and agreed by the parties that this Agreement is made in Battlement of disputed claims and shall not be construed as an admission, by any of the parties hereto, of any facts or conclusions alleged or stated in the Complaint, or which could have been alleged or stated. Section 3.03. Intaroratation. This Agreement shall not be construed against the party preparing it, but shall be construed 9 as if all parties jointly prepared the Agreement. Any uncertainty or ambiguity alleged shall not be construed against any one party. section 3.06. Modificat one. All modifications to this Agreement must be in writing and signed by each of the parties. Section 3.07. Execution an counterparts. This Agreement may be signed in counterparts, and execution of Such counterparts by each of the parties shall have the Same force and affect as if all parties had signed the same original Agreement. IN WITNESS WnREOF, the parties have axecutad this Agreement on the day and year first above written. ATTESTS �. City Clark (SEAL) ATTEST: City Clerk (SEAL) CITY OF PALM SPRINGS By: Mayor CITY of INDIAN WELLS BY; " Mayor 10 1 ATTEST: acratary (SEAL) REDML40PXM AGENCY OF TIM _CITY OF INDIAN WELLS By7 s(1� Chais�man RI R.,O PHANT WILLIAM ARENSTEIN 11 W. PHILLIP HAWES CITY MANAGER CITY OF CALIFORNIA 100 CIVIC CENTER MALL a O. DRAWER 1788 . INDIO, CALIFORNIA 92202 April 18, 1989 City Council and Redevelopment Agency Board City of La Quints 78-105 Calls Estado La Quints, CA 92253 Re: Proposed Redevelopment Project No. 2 Honorable Mayor and Members .of the City Council/Agency Board: On behalf of the City of Indio, the Redevelopment Agency of the City of Aft Indio, and its citizens, we wish to be on record to the following points: * The City of Indio and/or Redevelopment Agency has not received a response to our comments of December 13, 19 Redevelopment Pro88, regarding the proposed relating thereto. ject Plan No. 2 and the Environmental Impact Report * Our comments filed with the City of La Quints on December 13, 1988, still appear to be valid objections to proposed Redevelopment Project No. 2 in the City of La Quints, DDO:WMN:dt x/c: City Council City Manager D. J. Erwin, Esq. W. M. Northrup Sincerely, Darwin D. Oakley Mayor HAND DELIVERED - 0 11 CITY OF P&CALIFORNIA 100 CIVIC CENTER MALL . P.O. DRAWER 1788 . INDIO, CALIFORNYA 92202 W, PHILLIP RAWES CITY MANAGER RECtivt:. CITY OF LA QUINTA December 13, 1988 PUNNING & DEVELOPMENT DEPT. City Council Planning Commission City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 Ladies & Gentlemen: On behalf of the City of Indio, the Redevelopment Agency of the City of Indio, and its citizens, we submit the attached comments and concerns as relates to the proposed Redevelopment Plan for Project Area No. 2 and its Final Draft Environmental Impact Report. Yours truly, Darwinakley Mayor WMN:dt x/c: City Council City Manager D. J. Erwin, Esq. W. M. Northrup COMMENTS ON THE REDEVELOPMENT PLAN/ REDEVELOPMENT PROJECT AREA NO.2 FINAL ENVIRONMENTAL IMPACT REPORT LEAD AGENCYt CITY OF IA QUINTA In general, the Ciry of La Quanta's responses to issues raised in the various comment letters, includittg the City of Indio, do not conform with the standard for evaluation and response outlined is CEQA Guideline Section 15088. Simply stated, this section requires: "There must be good faith, reasoned analysis in response. COnciusory statements unsupported by factual information will not suffice " Whether the comments on the Draft request additional data or set forth different interpretations from the data the responses lack good faith and reasoned analysis while containing primarily conclusory statements. Thus, the Final EIR fails to meet the test of adequacy established by the CEQA and CEQA Guidelines. Please also note that the format used to present comments and responses makes It particularly difficult to relate the response to a specific comment in a letter. This reduces the information and communication value of the Final EIR. The specific issues of concern with the Final EIR and responses are discussed below. Page 120. One of the fundamental objectives of an EIR is to provide sufficient data to decision -makers so they can make a fully informed decision. As a key component of this effort, the City is responsible for defining the proposed project which must include project objectives and technical, economic and environmental characteristics. For specific projects, such as tentative tracts and conditional use permits, one of the key determinations made during the review process is whether the project conforms to the development code of that particular jurisdiction. In comments response I and 2 on this page, the City was requested to clarify the project description and provide some review of the conformance of the proposed project with the state's definition of a "redevelopment project area." This is hardly a non -issue as portrayed by the responses. A review of Appendix G, which is referenced as containing the response to Indio's comments 1 and 2, does not contain an evaluation of the specific issues raised. Data are presented in Appe i medly justify designating the area for redevelopment, but no direct evidence is presented the project area complies with the 80% developed criteria. This information needs to be provided before an adequate project description can be provided to the City of IB Quiuta and the public - Page 120: The response to comment #4 ignores theecific lists of proposed sp redevelopment projects listed in Table 7 of Appendix G. A dk=gh the City may not undertake all of these projects, this list provides the potential range of projects that should have been addressed in the EIR. These are the specific projects that are to be considered L11J for funding through the redevelopment plan. Based on Section 15124 of the CEQA Guidelines these projects should have been shown on maps and general descriptions of each provided in the text. Instead, the Citys EIR ignored the specific projects which will be sanctioned by adoption of this redevelopment plan. This totally contradicts the information goal contained in CEQA and causes the Final EIR to be wholly inadequate. Future private development in accordance with the General Plan is an indirect impact that also requires evaluation or reference to previous evaluations, but it is the redevelopment infrastructure and community facilities that should have been the focus of this document and were not addressed. Page 120. Response #5 provides nothing but conclusionary statements with no basis in fact. The Redevelopment Plan proposes financing tools for specific projects which have been ignored in the EIR in violation of CEQA requirements to address direct and indirect impacts of those projects that will be sanctioned by a City Council's approval of the Plan. Thus, the data presented is far less than is appropriate at this level of review and the degree of specificity, although not as detailed as final designed projects, should be much more specific thaw that offered. Specific projects and project locations have been ignored thus far. Further, this response does not address the issue of what criteria or rationale is used to determine whether an impact is or not significant. Page 121: By failing to address the specific projects listed in the Redevelopment Plan. the it does not contain relevant descriptions of the environment and related project impact evaluations. The City's responses to comments #6 and #7 ignore the CEQA requirement to provide summaries of data cited. The request was not that the City provide redundant data, but that data essential to the evaluation and conclusions in the Draft EIR be provided. This has not been done, thus the EIR cannot serve its purpose of genuine consultation and evolution of a database suitable for making an informed decision. Because of the tendency to provide unreasoned, conclusionary statements, the Final EIR is inadequate. Page 121: The response provided to comment #8 does not even address the issues raised. The adequacy of mitigation measures was not being specifically questioned. Instead, the comment pointed out that the effectiveness of the mitigation measures was not demonstrated and no attempt was made to evaluate any environmental consequences from mitigation measures as required by Section 15126 (c) of the CEQA Guidelines. Page 121: This is one of the first EIR's published that assumes development is beneficial and has no adverse impacts. This bias totally contradicts the mandate that and EIR provide as objective analysis of a proposed project to determine its potential adverse impacts. Facilitating additional housutgigdevelopment may well conform to the City's General Plan the assumption and meering stated intpconse #9 ignores theofundamental intent the ntal and requiremts by enttss of CEQA and the CEQA Guidelines. Pale 121: This conclusionary statement ignores the specific projects sanctioned by the redevelopment plan and provides no good faith, reasoned basis for this conclusion in response #11. 2 Page 121: The Redevelopment Plan is very similar to a General Plan as acknowledged in the EIR. For the General Plan which establishes (sanctions) land uses at specific locations, an EIR must evaluate the consequences of these land uses on such natural and human resources and systems as traffic, flood hazards, biological resources, open space, noise, and other issues. The redevelopment plan contains specific projects that can and must be evaluated at an equivalent level of specificity. No such evaluation has been provided and it is fully within the scope of an EIR on a Redevelopment Plan to address such issues at an appropriate level of generality which has been totally ignored in this document. Pop 122• This response to comment #13 ignores the issues, provides no analysis to support its conclusion and is wholly inadequate. Page 122: The response makes a first step in the right direction to separate the proposed project from the General Plan and zoning designations. However, t presents only one small area within the redevelopment planning boundaries. This type of analysis should have been extended to the remainder of the planning area. Failure to provide this information prevents the decision -makers and public from understanding the actual scope of the project. The consequences is a lack of data for making an informed decision. Page 122: The response to comment #15 is inadequate. It does not address the need to summarize data contained in the several reports cited, not just the Preliminary Report and Proposed Redevelopment Plan. The information requested W nrrt =md&d, Page 122: An evaluation of alternative locations is required by CEQA Section 1512b (d). The response to comments #17 and #18 contains no new information and ignores the requirement to evaluate the proposed boundaries and alternatives. This contributes to the documents failure to meet the tests of adequacy and to provide sufficient data to make an informed decision by the City Council. Page 122 and 123. Again, response #20 heads in the correct direction but provides only a partial response to the issue raised. The focus of the response is on the Whitewater Channel, but Table 7 in the Preliminary Report identifies substantially greater sum of money being spent on other general storm drains throughout the City. These should have been identified an discussed in the same manner in order to provide a &H response to the comment. Page 123: The response provided to comment #23 is specious it artifidally circumscribes the evaluation to a paper analysis rather than pursuing the analysis of approval of the Plan to the general types of impacts associated with the specific projects being considered. Thus, in those area in which storm drains will be installed the habitat will most likely be lost and this can be readily calculated from the data provided in Table 7. Such analysis is not too speculative in reality and failure to analyze such impacts prevents decision -makers fmm understanding the potential consequences of the Plan and proposed specific projects that they adopt which contravenes the intent and requirements of CEQA. Using the locations in Figure 3, the City could have identified the environmental resources at each location and provided a general forecast of adverse impacts to such resources. 3 IaY Am Page 123. Response #25 does not provide the information requested nor does it indicate that such information is unavailable or unreasonable to provide. Yet, as shown in the comment it is essential to an adequate analysis of project impacts. Without such data this E1R is inadequate. Page 123. None of the information requested in comment #26 has been provided as requested. This information is deemed essential to an adequate analysis of potential impacts associated with adoption and implementation of this redevelopment plan. Pages 123 and 124. The data provided in response *27 restates the conclusionary information in Table 2 and on page 25, but it does not provide any meaningful analysis of consistency between the Redevelopment Plan. Page 124. Again, the issue of focus is ignored. When the proposed Redevelopment Plan actually contains a large portion of undeveloped land (such as occurs in this case) and when the type of users is not identified, then there is no basis for concluding that the Plan is consistent with the AQMP. This is a wholly conclusionary statement with no basis in fact. The analysis in responses #29 and #30 fail to address acreage for calculation of impacts and eligibility is one of the key criteria in defining what areas (both in location and amount) will be affected by the redevelopment plan. Without this information no real analysis of environmental impacts is possible. Page 124. This response (#31) references non-existent data There is not clear Ak interpretation of the data in Figures 12 and 13 and the reader is left without any means of independently interpreting the data This is clearly inconsistent with the CEQA. Pop 125. The response to comment #32 does not provide the information requested nor does the referenced section. Where are the Coral Reef Mountains and which watershed is specifically being illustrated on page 32. No additional information is provided in your comment Paige 125: With a projected population doubling by year 2000 the assumed 40 year redevelopment period does not appear reasonable. To accommodate stub growth, the redevelopment must take place according to meet your anum dons. Therefore your analysis is faulty and the focus should be on the specific facilities now rather than later because the impacts are much more imminent than implied in the EM, Page 125: You fail to address the fundamental point -raised in comment #35. If the housing stock is second homes then they are not actually available for use. You have no basis for supporting the contention that residential development is stifled or not because there is no clear basis for knowing whether excess homes are on the market Without this information much of the rationale for the redevelopment plan extending into residential and undeveloped areas is eliminated. Page 125• Your response to comment #36 provides no useful information and falls to provide an adequate environmental setting as required by CEQA Section 15125. There is 11 absolutely no information regarding the biological resources located within the aty and their fundamental importance. Without such information no analysis of the impacts of development fostered by the redevelopment plan can be undertaken. Tbis is a fatal flaw in the document. Page 125: No specific response is provided to the questions regarding the status of land with maps as developed or undeveloped. This information is needed to determine whether the definition of blighted meets the test of the law or not. Page 125: There is a fundamental contradiction in the EIR's conclusionary statement that the Redevelopment Plan is consistent with the General Plan but consistency will not be reviewed until a later date for specific projects. The EIR and responses to comments are replete with such concuusory statements that have no basis in fact This is another example of a particularly important issue from both the environmental and redevelopment procedures standpoint where basic analysis and supporting data are essential and have been ignored. The result is a Plan and EIR that do not adequately meet the tests of their respective laws and regulations. Pgges 125 and 126. In essence, your response restates the information and conclusions in the text on pages 39 and 40 of the E1R. There are no adverse impacts from implementing the land uses In those undeveloped portions of the redevelopment area. The lack of analysis is intolerable in an EIR. The specific intent of the Redevelopment Plan is to foster the conversion of land to its highest use and the document claims that such development cannot occur with the existing constraints. Therefore, if the Plan Is not adopted, the existing environment will be left as is. Le. protected. The antithesis of this argument is that development will be facilitated by the Plan and the existing environment will be changed. The EIR text provides no analysis of this impact in direct contradiction to the intent and requirements of CE DA. Page 126 Response #41 fails to provide any reasoned analysis or response. The point berg made is that certain development will only occur if the redevelopment plan is adopted Where this occurs, and the document fails to present this critical data, the potential for conflict with adjacent cities or the county exists The failure of the document to provide this information makes it impossible to provide the requisite analysis. The comment is specific enough, but the documentation is inadequate to provide a substantial response. Page 126: Response #42 is a restatement of the EIR and does not provide detailed reasons for the City's position regarding the issue of effectiveness of mitigation and the lack of focus on substantive issues in the EIR. This document provides no analysis of land uses as noted above and the mitigation is deficient potential impacts have been ignored and left unevaluated. Page 126. Responses to comments 43 and 44 continue the process of not responding to substantive questions with any substantive responses. We believe this approach has created an inadequate EIR that does not provide the decision -makers and the public with adequate information to judge the actual impacts of the Redevelopment Plan, Alk Page 127.• The point being made in comment #F46 is that the portion of traffic attributable to the proposed redevelopment plan, in contrast to all community growth, is not called out. The response does not provide any new information and fails to assist the reviewer to understand the consequences of this project compared to implementation of the General Plan. Page 127• All of the references in response #F47 are to issues other than habitat which refers to biological resources. The sections cited do no provide any substantive analysis. Again, the response does not address the substantive issue raised. Pyges 127artd 128. The data presented in responses 50 through 52 are too general to make a judgment regarding significance of air quality impacts. The responses continue the pattern of deferring impact analysis to the future when the forecasting could be accomplished now. Specifically, Section 15144 of the CEQA Guidelines states: "While foreseeing the unforeseeable is not possible, an agency must use its best efforts to find out and disclose all that it reasonably can." The text of this document provides such generic data and conclusions regarding air quality that it is not possible to draw any substantive conclusions regarding significance. Finally, mitigation measures that are not mandatory (shall statements) have no assurance of being implemented. Your response to comment #54 indicates a misperception of the issue being raised. No technical issue is involved, it is the permissive nature of the word "should" that makes the mitigation potentially ineffective. Page 128: The failure to analyze noise In any meaningful manner can be attributed to the continued focus on the project as an undefined action. This ignores the :p�18� projects that could have been addressed at a general, not specific level. .Examples include the amount of new development that would occur under the redevelopment plan in contrast to without the redevelopment plan, specific facilities listed on Table e 7 of the Preliminary Report; and specific uses that cauld cause noise conflicts with adjacent uses. Each Of the above analyses could have been reasonably provided at this stage and each has been ignored in the document Page 129• The areas subject to construction noise attributable to the proposed project have not been addressed in comments on page 129. Therefore, the sensitivity and potential for adverse impact due to the specific facilities associated with the project have been ignored. The level of specificity of analysis has been artificially restricted by the City when much more data is available for real evaluation than the Ci is willing to act forth. The conclusionary statement in response #59 is not supported by any factual data and is based on the assumption that engineering can mitigate any noise impact However, the cost and feasibility of aecomplishing mitigation for highly impacted areas is not evaluated. P 129. The citation that agencies have been contacted and data obtained does not relieve the City from providing sufficient information in the EIR to allow an independent public review as requested in comment #61. Section 15147 of the CEGA Guidelines states: Me information contained in an EIR shall include summarized technical data, maps, plot plans, diagrams \, and similar relevant information sufficient to permit full assessment of significant environmental impacts by reviewing agencies and members of the 2 public." The point made in comment #61 is that the information necessary to allow a full assessment has not been presented in the Ei1t, nor in these responses to comments. The contention in response #62 that numbers provided on pages 68-71 provide criteria for Idetermining significance is false. No such numbers are provided that can be used to evaluate impacts. In each public service/utility evaluation the following data should have been provided for each issue: e. The capacity of each service and utility system, quantified. I b. The preferred ratio of service capability or utility capacity (number of firemen or I pieces of equipment per the number of responses and the amount of water production and storage capacity to serve a specific population) should be established and the current capability of each service and utility (infrastructure) system should be identified. C. The net addition of the proposed projects demand for each system and utility should be identified. d. The projected growth of each systems capacity aver the period should be forecasted (obtained from the service or utility agen y) and then compared against the specific projeces, demand and cumulative demand for those systems that serve more than just one jurisdiction. It was not possible to ask for specific data for this EIR because so little data were provided In essence, the issue became a request to the City to provide all of the above numbers for each service and utility system in order to independently evaluate these systems. The requested data have still not been provided and the EIR remains a series of conclusory statements that are inadequate under CEQA requirements. Pgge 130. The response regarding natural gas is a restatement of an unsupported conclusion. No data are provided to support this conclusion as requested. Page 130: The fact that the water purveyor does not ask for data it already has does not relieve the City from providing sufficient information to draw an independent conclusion This document Is written for all interested parties to review and draw Independent conclusions as to the potential significance of impacts. The data provided did not and still does not allow this independent evaluation to take place. -One methodology to accomplish this type of presentation of data is provided above, but there may be others equally acceptable. The problem is that the City has chosen to supply conclusory statements without supporting data and then to reiterate the same information as being adequate. The lack of information in this document and the assumptions are wholly inadequate to support a project with the broad ramifications of this Redevelopment Plan. Page 13& Response 67 cites another document but does not provide the summary of the pertinent data from this document as required by Section 15150(b). The response is inadequate. I?� Page 130: The Figures referenced in response #68 emphatically do not identify geologic hazards other than fault locations and seismic zones. In fact, the ground-ahaldng zones are not defined for Figure 13 so it is impossible to determine the severity of potential impacts within the City of La Quints The response fails to address the issues raised in the comment Page 130. How can the question of potential 100 year flood areas along Bear Creek be evaluated from Figure 16 when Bear Creek is not even identified on the map. Response #70 does not answer the questions raised and Figure 15 remains unintelligible and uninterpretable. Page 130. The issue raised In comment #72 does not question habitat Impacts downstream. It raises the issue of habitat losses along those portions of channels that will be altered in the City. The data provided does not address this impact. Second, wby did not the City of La Quinta contact the City of Indio to ascertain whether the drainage facilities south and east are adequate to carry projected flows after development. The comment that Indio drainage facilities "appear" to be adequate is unsupported and not based on any information available in the document. Page 130: Comment #74 was not vague. It request d identification of areas containing sensitive cultural resources. Maaur Environmental Assessment contains a map of (mown sensitive areas and those areas should have een tde:.;aed +* he EM This would have allowed an evaluation of the potential adverse impacts due to development sanctioned or supported by the redevelopment plan. As presently presented, the overall impact of the Plan on potential cultural resources remains undefined. Paige 131: In response #75 no information is provided on existing Native American values within the Plan area, let alone the City's boundaries. Tbis information is essential for a general evaluation of potential conflicts. Similarly, the request for information regarding the General Plan goals and polices relative to Native American resources and values is important for assessing the potential3mpacts of the Redevelopment Plan. The request for this information was ignored. Page 131. The Redevelopment Plan EIR is 9t71 severely deficient in content and the conclusions in the afnificant adverse impact section remain suspect until adequate analysis of the issues Is provided Page 131: The no project evaluation does not provide an analysis of the impacts to most components of the environment relative to the proposed project. Instead it discusses the types of development that will not occur. This analysis is focused on the wrong topics and needed total revision which was not provided The point being made in and the subsequent comment is that no data are provided to support such conclusory statements as: "There is currently no other financing vehicles available to sufficiently eliminate the existing public deficiencies in the proposed project area" This conclusion stands alone without any economic analysis in support. Further, "the use of assessment districts without redevelopment would additionally burden the land with costs thereby further impacting the development potential." No information is provided to show that land will not be developed E in the City if it is subject to assessment district costs. The FIR turns generalizations into fact with no supporting data. Finally, how could an alternative that protects (assuming the conclusions in the EIR are c=ect) natural enviromneutal resources because they delay development environmentally inferior. This is a contradiction in terms. The responses to comments #79 and #79 generalize findings for two regional facilities, the Whitewater Channel and highway ill, to encompass the whole Redevelopment Play area with not analysis of the remainder of the Community. If these regional facilities are needed so disparately, then other regional funding mechanisms can be implemented and no such mechanisms were addressed. Overall the alternatives analysis and its conclusions remain totally inadequate. Page 132: What is the basis for concluding that the development fostered (sanctioned) by the Redevelopment Plan will not result in growth impacting adjacent jurisdictions? No information is provided to support this contention which on its face will generate traffic that will Impact the region as well as other growth impacts which are generally ignored in this docame Pge,132: The Coachella Valley Water District comment #4 indicates that the 100 year storm is contained in the Whitewater Channel. Thu contradicts response #79 which indicates that improvements are required to carry expected flows. This further enhances rationale for reducing the size and scope of the Redevelopment Plan because the Whitewater Channel area can be eliminated from the Plea area, unless attempts are going to made to encroach upon its existing channel configuration. Page 135: The City's response to the State Depart of Housing and Community Development does not include any specific mitigation measures regarding relocation, particularly for low-income households that might be impacted. The pp epatation of a plan In the future for which the contents and conclusions cannot be apecifiad at this time does not provide ensured or implementable mitigation. Much more specific discussion of this issue and identification of feasible mitigation needs to be provided Specifically, any intent of shifting the burden of providing low income housing to the Cities of Indio or Coachella will require substantial investigation and documentation. Page 135: The City did not respond adequately to Caltrans comments. No specific funding meehaaimm is identified for III and no mitigation measure is identified to address the widening of the WashingtonStreet overpass over Interstate 10. An expression of willingness to work with other agencies does not provide the funding support required. The City has consistently failed to provide responses supported by good faint, reasoned analysis. The fundamental inadequacy of the Redevelopment Plan EIR is its failure to address project components that are well enough defined at this point to allow a more focused evaluation than has been provided Specific facilities that are sanctioned by the Redevelopment Plan arc ignored throughout the document as being too speculative. This 9 / I c 11 E facilities and their general eouseq° areas lion of those nt failed to address ed unless 1Mun �' The location Or, the docume able of bei� del°p addressed at tbb stage of h ted a th re judged Vent is dependent "p° tomthe' � that supi� so bUteag 7meh COt� future of the Plea T� � tal resources and Pien lamed 23 a spec meet level based oa the euviro , Purview of this can be identified be �uated auction hoUy reasonable and witbm the development can such eval found at tbese locations• lion the data available- tent gad the failure to MoEt � iaiot� dT heeQuate based on its con revision and u efui being at requires subsbefore tantial led a dent vaUl be , Final MR is itxPiirements of CP.QA uT It�ould be revised dedsion based on this esnaot be met it canbe considered adoqed by a and presented to the 1 boa Council. the a d to rem m' of the Points used' s� 111 inadequate a be able th adequate to address all iota recirculate the EM FW Ml DATE: April 18, 1989 TO: Mayor and Members of the City Council Chair and Members of the Redevelopment Agency FROM: Ronald E. Kiedrowski, City Manager SUBJECT: CONTINUED JOINT PUBLIC HEARING ON THE FINAL EIR AND REDEVELOPMENT PLAN FOR PROJECT AREA NO.2 ILL�I3. ; • i On March 21, 1989 the City Council and Redevelopment Agency opened a joint public hearing on the Redevelopment Plan and Final Environmental Impact Report (EIR) for Project Area No. 2. At this hearing the City Council/Agency deemed it appropriate to continue the hearing to this evening in order to receive further testimony prior to taking ®R action on the requested items. Tonight we are requesting that the City Council/Agency �I take the following actions: That the City Council and Agency convene the joint public hearing and receive further testimony on both the Final EIR and Redevelopment Plan for Project Area No. 2. 2. That both the Agency and the City Council consider and adopt a resolution that provides for the expenditure of housing funds outside the Project Area. 3. That both the Agency and the City Council consider separate resolutions certifying the completion of a Final EIR for the Redevelopment Plan. 4. That the Agency adopt a resolution approving the Redevelopment Plan for Project Area No. 2 and recommending its adoption by the City Council. 5. Depending on the opinion of Agency legal counsel regarding the testimony presented this evening, that the City Council give first reading to an ordinance that approves the Redevelopment Plan for Project Area No.2 . Accompanying this staff report you will find the aforementioned resolutions that institute the requested actions. Also enclosed is an agenda to guide Council and Agency members through the required procedures for the joint public hearing. The primary purpose of the agenda is to ensure that all documents and testimony are properly entered into the public record. E DISCUSSION On March 21 st the City Council/Agency convened a joint public hearing to receive testimony both for and against the certification of the Final EIR and the adoption of the Redevelopment Plan for Project Area No. 2. Due to the continuing negotiations with affected taxing agencies, staff recommended that the public hearing be continued to April 18th to allow time to receive further input from concerned parties. At the continued joint public hearing staff is requesting that the City Council/Agency receive further testimony from concerned parties regarding the aforementioned documents.. At the conclusion of the public testimony, we are further requesting that the public hearing be closed and that the City Council/Agency take action on the items listed above. The California Redevelopment Law requires that the City prepare written responses to all submitted written comments pertaining to the Redevelopment Plan. If written comments are submitted as part of the testimony this evening, Agency legal counsel will request that consideration of the ordinance adopting the Redevelopment Plan be continued until the appropriate written respponses are prepared and considered by the City Council. If this is necessary, staff will De requesting a continuation until the next City Council meeting scheduled for May 2, 1989. At that meeting staff will be requesting consideration of the ordinance adopting the Redevelopment Plan. X01611m mg►1 • Pursuant to this request, staff recommends the following actions: 1. That the Council and Agency convene the continued joint public hearing and take testimony both for and against the proposed Redevelopment Plan and Final EIR. 2. That at the conclusion of the testimony, that the Council and Agency close their respective public hearings. 3. That the Agency adopt the attached resolutions that provide for the use of housing funds outside the Project Area, and certify the completion of the Final EIR on the Redevelopment Plan. 4. That the City Council adopt the attached resolutions that also provide for the use of housing funds outside the Project Area, and certify the completion of the Final EIR on the Redevelopment Plan. 5. Depending on the opinion of Agency legal counsel, the City Council give first reading of the ordinance that adopts the Redevelopment Plan for Project Area No. 2. r ® - JOINT MEETING CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES APRIL 18, 1989 Joint meeting of the La Quinta City Council and La Quinta Redevelopment Agency was held on April 18, 1989, Mayor/Chairman Pena presiding. CITY COUNCIL ROLL CALL: PRESENT: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None REDEVELOPMENT AGENCY ROLL CALL: PRESENT: Mr. Bohnenberger, Mrs. Bosworth, Mr. Rushworth, Mr. Sniff, Chairman Pena ABSENT: None 1. CONTINUED JOINT PUBLIC HEARING ON FINAL EIR AND REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2. Mayor Pena advised that this is a continued joint public hearing of the City Council and Redevelopment Agency on the Redevelopment Plan and Final EIR for Project. Area No. 2. MARK HUEBSCH, Legal Counsel with Stradl.ing, Yocca, Carlson & Rauth, advised that at the previous public hearing there was a lot of testimony and additional written materials presented. There has been no change since that hearing except for two items of correspondence received as follows: a. Resolution of the Board of Directors of Coachella Valley Recreation and Park District. (Not submitted for the record) b. Letter from Mayor of City of Indio dated April 18, 1989 pertaining to the Redevelopment Plan and making certain objections and comments thereto; which is a follow up of a letter dated December 13, 1988 pertaining to the draft EIR. c. Letter dated March 23, 1989 from Norm King, City Manager of City of Palm Springs accompanied by a copy of an agreement between Palm Springs and City of Indian Wells. d. Letter dated April 18, 1989 from Les Pricer representing the Conservation District - He noted that discussions are continuing with the Conservation District as well as other entities. Mr. Huebsch advised that the fact of this continued public Am hearing was published and the affidavit of that publication will 1pbe made a part of the record. City Council/ 2 April 18, 1989 Redevelopment Agency He recommended that because of a recent amendment to the Redevelopment Law requiring a response to written objections and because of the possibility that one or more of the letters could be construed to be objections, that when the public hearing is closed, that no further action be taken and that the matter be continued to the next meeting, at which time action will be taken. Mayor Pena then called for testimony in favor. PRESTON MATLOCK, with Matlock and Associations, representing Desert Sands School District and Community College District stated that both Districts wishe to go on record in favor of Project Area No. 2. The Districts have carefully considered the proposed projects and have concluded that the immediate financial impacts will be out -weighed by providing a better community for the citizens and future students of the City of La Quinta. They look forward to working with the staff in order to bring about more educational opportunities. BOB KRAUSE, 79-410 Highway 111, concurred with Mr. Matlock. LES PRICER, representing Soils Conservation District, advised that they are in full support of the La Quinta Redevelopment Plan. Mayor Pena then called for testimony in opposition. GAIL BROEKER, 39-265 Manzanita, Palm Desert, representing Coachella Valley Archaeology Society, addressed the Council/Board stating that she has a problem with the draft EIR. According to CEQA, all cultural resources must be identified prior to making a negative declaration. The EIR does not identify any cultural resources within this redevelopment area. In conversation with the State Historic Preservation Office there are 25 recorded archaeological sites in this area and over 1100 acres have never been surveyed. FRANK SPEVACEK, Consultant, advised that when the EIR was prepared, they reviewed available documentation that was part of the Cit-y's General Plan and other resource materials that were made available to them. When that material was reviewed, there were no sites present that would require mitigation at this time. Primarily because the project itself does not identify any particular construction activities that would take place. But realizing that that review may not identify all potential archaeological sites, they have included, that as specific development plans are developed in the project area, that a qualified archaeologist be retained to review the plans and the site to determine if any archaeological artifacts or features would be present. City Council/ 3 April 18, 1989 Redevelopment Agency MARK HUEBSCH, Legal Counsel, advised that the draft EIR was circulated in accordance with CEQA and all comments received were included in the report. MOTION - It was moved by Council Member/Director Bohnenberger, seconded by Council Member/Director Sniff that the public hearing be closed. Motion carried unanimously. Mr. Kiedrowski advised that actions relative to this issue will be agendized on, the May 2nd agenda and in the interim, letters will be drafted to individuals who have submitted written and oral comments. MOTION - It was moved by Council Member/Director Sniff, seconded by Council Member/Director Bohnenberger that matters relating to Project Area 2 be continued to May 2, 1989. Motion carried unanimously. There being no further business, the meeting was adjourned.. Res ctfully submitted, SAUNDRA L. JUHOLACity Clerk/Secretary City of La Quinta/La Quinta Redevelopment Agency 11 JOINT MEETING LA QUINTA CITY COUNCIL/LA QUINTA REDEVELOPMENT AGENCY 1. CONSIDERATION OF ACTIONS RELATIVE TO REDEVELOPMENT AGENCY PROJECT AREA NO. 2. REDEVELOPMENT AGENCY ACTIONS (Z 44 a. Resolution Finding that the Use of Taxes Allocated from P --7 Redevelopment Project Area No. 2 for the Purpose of Housing Outside the Project Area Will be of Benefit to the Project. b. Resolution Certifying the Completion of the Final Environmental -� Impact Report for La Quinta Redevelopment Project Area No. 2. OPL K LOQ c. Resolution Approving the Redevelopment Plan for La Quinta �-q Redevelopment Project Area No. 2. CITY COUNCIL ACTIONS a. Resolution Finding that the Use of Taxes Allocated from Redevelopment Project Area No. 2 for the Purpose of Housing Outside the Project Area Will be of Benefit to the Project. �S1 b. Resolution Certifying the Completion of the Final Environmental Impact Report for La Quinta Redevelopment Project Area No. 2. L' J c. Motion Overruling Oral .and written Objections and Adopting Findings and Responses to Written Objections Made Pursuant to Health and Safety Code Section 33363 Related to the Redevelopment Plan for Project Area No. 2. d. Ordinance Adopting the Redevelopment Plan for the La Quinta 1 3 Redevelopment Project Area No. 2. 7 I, 11 City Council/ Redevelopment Agency REDEVELOPMENT AGENCY ACTIONS RESOLUTION NO. RDA 89-7 2 May 2, 1989 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY FINDING THAT THE USE OF TAXES ALLOCATED FROM REDEVELOPMENT PROJECT AREA NO. 2 FOR THE PURPOSE OF HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. It was moved by Mr. Bohnenberger seconded by Mr. Sniff that Resolution No. RDA 89-7 be adopted. Motion carried by the following vote: AYES: Mr. Bohnenberger, Mr Pena NOES: None ABSTAIN: None ABSENT: Mrs. Bosworth RESOLUTION NO. RDA 89-8 Rushworth, Mr. Sniff, Chairman A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. It was moved by Mr. Bohnenberger, seconded by Mr. Sniff that Resolution No. RDA 89-8 be adopted. Motion carried by the following vote: AYES: Mr. Bohnenberger, Mr. Rushworth, Mr. Sniff, Chairman Pena NOES: None ABSTAIN:None ABSENT: Mrs. Bosworth RESOLUTION NO. RDA 89-9 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. It was moved by Mr. Bohnenberger, seconded by Mr. Sniff that Resolution No. RDA 89-9 be adopted. Motion carried by the following vote: AYES: Mr. Bohnenberger, Mr Pena NOES: None ABSTAIN: None ABSENT: Mrs. Bosworth Rushworth, Mr. Sniff, Chairman A Cl City Council/ Redevelopment Agency CITY COUNCIL ACTIONS RESOLUTION NO. 89-51 3 May 2, 1989 A RESOLUTION OF THE LA QUINTA CITY COUNCIL FINDING THAT THE USE OF TAXES ALLOCATED FROM REDEVELOPMENT PROJECT AREA NO. 2 FOR THE PURPOSE OF HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that Resolution No. 89-51 be adopted. Passed by the following vote: AYES: Council Members Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member RESOLUTION NO. 89-52 Bohnenberger, Rushworth, Sniff, Bosworth A RESOLUTION OF THE LA QUINTA CITY COUNCIL CERTIFYING THE COMPLETION OF THE FINAL ENVIRONMENTAL :IMPACT REPORT FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. It was moved by Council Member Bohnenberger, seconded by Council Member sniff that Resolution No. 89-52 be adopted. Passed by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth MOTION - It was moved by Council Member Bohnenberger, seconded by Council Member Sniff to overrule oral and written objections and adopt findings and responses to written objections made pursuant to Health and Safety Code Section 33363 related to the Redevelopment Plan for Project Area No. 2. Motion carried unanimously. MINUTE ORDER NO. 89-43. MOTION - It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 139 be taken up by title and number only and that full reading be waived. Motion carried unanimously. City Council/ 4 May 2, 1989 Redevelopment Agency Ah ORDINANCE NO. 139 AN ORDINANCE OF THE LA QUINTA CITY COUNCIL ADOPTING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 139 be introduced. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES. None ABSTAIN: None ABSENT: Council Member Bosworth There being no further business, the meeting was adjourned. Res ectfully submitted, ® SAUNDRA L. JUHOLA, City Clerk/Secretary City of La Quinta/La Quinta Redevelopment Agency RESOLUTION NO. RDA 89-7 RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY FINDING THAT THE USE OF TAXES ALLOCATED FROM REDEVELOPMENT PROJECT NO. FOR THE PURPOSE OF HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. WHEREAS, the La Quinta Redevelopment Agency (the "Agency'') has prepared a proposed Redevelopment Plan (the "Plan") for Redevelopment Project No. 2 (the "Project"); and WHEREAS, the Plan provides for the allocation of taxes from the Project Area (the "Project Area") to the Agency pursuant to Section 33670(b) of the Health and Safety Code; and WHEREAS, Section 33334.2 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seg.) requires that not less than twenty percent (20%) of all taxes so allocated be used for the purpose of improving and increasing the community's supply of low- and moderate -income housing available at affordable housing cost; and WHEREAS, Section 33334.2(g) of the Health and Safety Code 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, THE LA QUINTA REDEVELOPMENT AGENCY DOES HEREBY FIND AND RESOLVE that the use of taxes allocated from the Project Area for the purpose of improving and increasing the community's supply of low- and moderate -income housing available at affordable housing cost outside the Project Area and within the City of La Quinta will be of benefit to the Project. PASSED and ADOPTED by The La Quinta Redevelopment Agency on this 2nd day of May , 1989. AYES: Mr. Bohnenberger, Rushworth, Sniff, Chairman Pena NOES: None ABSENT: None ABSTAIN: Mrs. Bosworth RESOLUTION NO. RA 89-7 El JOHN PENA, La Quinta ATTF T: SANDRA L. JUH01K, Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: Agency BARRY BRANDT, City Attorney/Agency General Counsel La Quinta Redevelopment Agency 04/27/89 3681n/2338/04 -2- RESO NO. Cif RESOLUTION No. RDA 89-8 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA REDEVELOPMENT PROJECT NO. 2. WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has prepared an Environmental Impact Report (the "EIR") on the Redevelopment Plan for the La Quinta Redevelopment Project No. 2 (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seg. ¢"CEQA"'), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et sue., [the "State EIR Guidelines"]), and procedures adopted by the City Council relating to environmental evaluation of public and private projects; and WHEREAS, on August 15, 1988, the Agency transmitted for ak filing a Notice of Completion of the Draft EIR and thereafter MW in accordance with the State EIR Guidelines forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in the Daily News on August 23, and 30, 1988; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received during the public review period, and to provide the Agency's and City's response to said comments, and as so revised and supplemented, a Final EIR has been submitted to the City Council of the City of La Quinta (the "City Council") as a part of the Report of the City Council as supplemented pertaining to the Redevelopment Plan; and WHEREAS, a joint public hearing was opened by the Agency and the City Council on March 21, 1989, which was continued and further testimony was taken on April 18, 1989, concerning the adoption of the Redevelopment Plan and the certification of the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing MR a desire to comment thereon or object thereto have been heard, and the Final EIR and all comments and responses thereto having been considered; and RESOLUTION NO. RA 89-8 ® 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 Council thereto. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as follows: Section 1: The Agency hereby certifies that the Final Environmental Impact Report for the Project is adequate and has been completed in compliance with CEQA, the State EIR Guidelines and local procedures adopted by the City Council pursuant thereto, and that the Agency has reviewed and considered the information contained in the Final EIR. Section 2• The Agency has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. Section 3: The Amok Agency hereby makes and adopts the Findings of Fact, qP Statement of Overriding Considerations and Mitigation Monitoring Program Relating to The Environmental Impact of Redevelopment Project No. 2 as set forth in Exhibit "A" attached to City Council Resolution No. and incorporated by this reference (including without limitation the mitigation measures therein set forth). Based on such Findings of Fact and Statement of Overriding Considerations, the Agency hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened except for the following: cumulative air quality impacts; displacement of existing residences and businesses resulting from redevelopment activities; incrementally increased traffic resulting from new development; increased ambient noise levels along affected roadways resulting from Project -generated traffic; increased energy consumption; and increased demand for water service. Based on the foregoing, the Agency finds and determines that the lrroject will have a significant effect upon the environment. Section 4: The Agency hereby adopts The Mitigation Monitoring Program in the aforementioned Exhibit "A." 05-04-89 4078n/2338/04 -2- RESOLUTION NO. RA 89-8 Section 5• i As to each of the significant environmental effects identified in Section 3 of this Resolution which are not eliminated or substantially lessened, the Agency hereby adopts the Statement of Overriding Considerations in the aforementioned Exhibit "A." Section 6: Upon approval and adoption of the Redevelopment Plan by the City Council, the Secretary of the Redevelopment Agency is hereby directed to file a Notice of Determination with the County Clerk of the County of Riverside pursuant to the provisions of Section 21152 of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto. PASSED and ADOPTED by the La Quinta Redevelopment Agency on this 2nd day of May , 1989, by the following: AYES: Mr. Bohnenberger, Mr. Rushworth, Mr. Sniff, Chairman Pena NOES: None ABSENT: Mrs. Bosworth ABSTAIN: None ATT T: ANDRA L. JUHqW, Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: BARRY BRANDT, City Attorney La Quinta Redevelopment Agency JOHN PENA, airm La Quinta Redevelopment Agency 05-04-89 4078n/2338/04 -3- RESOLUTION NO_ RA 89-8 Aft EXHIBIT A FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM RELATING TO THE ENVIRONMENTAL IMPACT OF REDEVELOPMENT PROJECT NO. 2 FINDINGS CONCERNING THE SIGNIFICANCE OF SPECIFIC 1. Water Drainage A. Impact The City Council (as used herein "City Council" includes the Agency Board of Directors) finds that potential adverse drainage impacts may result from increased runoff clue to site -specific development proposals in the Project Area. However, an overall beneficial impact on drainage will result when the proposed improvements in the Redevelopment plan are implemented. B. Mitigation 1. Implementation of proposed drainage improvements will mitigate existing deficiencies and future :increases in runoff. 2. The amount of grading and disturbance associated with development should be minimized. Development design should include measures to ensure adequate drainage including construction of open or closed conveyance structures and green belts. 3. For individual development projects, runoff can be reduced by using :stepping stones or breaks set in previous materials for walkways, diversion of water to landscaped areas, and in the use of previous paving materials whenever possible. Landscaped irrigation waste and runoff can be reduced by water conservating irrigations systems, moisture sensing devices and avoidance of mounded landscaped areas. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 1 of 22 RESOLUTION NO. RA 89-8 4. The California Department of Water Resources recommendations for flood drainage prevention should be considered. The recommendations contained in the La Quanta Master Plan of Drainage should be followed. S. The methodology and criteria set forth by the Riverside County Flood Control and Water Conversion Districts "Design Manual" should be followed. There should be one foot of minimum freeboard between the dwelling pad elevation and the 100 year water surface elevation, which shall be retained within the street rights -of -way. 6. Within the Project Area it is recommended that RCP and RCB facilities be constructed to convey runoff to the Whitewater River and a portion of the All -American Canal. 7. At least two arterial routes of ingress, and egress from the City to Interstate 10 should be available during a 100 year flood. 8. Slope and foundation design should be based on detailed soils and engineering studies. 9. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. C. Finding of Significance This City Council finds that incorporation of the above mitigation measures into the Project will result in full mitigation of drainage impacts. 2. Air Quality A. Impact Construction of specific development of proposals in the Project Area will produce two sources of air pollution emissions: exhaust emissions during construction, and dust generation as a result of earth movement and equipment traffic over temporary roads. Other long-term impacts associated with future growth under the Project consist of emissions generated from stationary and mobile sources. Stationary sources will include the off -site generation of electricity 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 2 of 22 RESOLUTION NO. RA 89-8 11 11 I 13 and the on -site use of natural gas. Motor vehicles will comprise the only significant source of mobile emissions within the Project Area. B. Mitigation 1. All future development shall comply with resolutions outlined in the "Southwest Desert Air Basin Control Strategy" (a revision to the State Implementation Plan). Specifcally, all future development must comply with the requirements of the following plans: a. Air Quality Management Plan, Southwest Desert Air Basin, Riverside County; b. Air Resources Board Resolution 79-79; C. Air Resources Staff Report. 2. Communitywide planning stragies should stress the reduction of vehicular trips and trip lengths through encouraging commercial services convenient to residences, and alternative transportation facilities such as bicycle lanes, increased public transit, and carpooling. 3. More routine bus service should be encouraged as new growth occurs. Additional bus stop locations should be planned to invite bus ridership. 4. The generation of fugitive dust during grading activities should be minimized by frequent watering of the soil and curtailment of activities during periods of high winds. 5. Provide traffic signalization where feasible. 6. Provide energy conserving street lighting. C. Finding of Significance This City Council finds that the individual air quality impacts of this Project alone are potentially insignificant or reduced to a level of insignificance by implementation of the above 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 3 of 22 RESOLUTION NO. RA 89-8 11 C' mitigation measures. However, the cumulative air quality impacts of this Project and other development in the Southwest Desert Air Basin are significant and will only be partially mitigated by implementation of the above measures. Although the above mitigation measures shall be required to be implemented under the Project, this City Council adopts a Statement of Overriding Considerations with regard to the cumulative air quality impact of this Project (See Statement of Overriding Considerations below). 3, Earth A. Redevelopment and development in the Project Area will require grading in order to provide for building pads and parking facilities. Circulation and drainage system improvements will also require grading activities. Such grading activities can result in the erosion of soils and exacerbate the blowsand hazard in areas subject to this condition. Very strong ground shaking, as well as possible ground rupture, can occur during a major earthquake along the major regional faults in the area. The grain -sized distribution and unconsolidated nature of sediments in the Project Area contribute to the potential for lateral spreading, liquifaction, subsidence cracking and landslides should ground shaking occur. B. Mitigation 1. Dust impacts can be minimized during grading through the use of soil dampening techniques. 2. Conformance with the latest Uniform Building Code, the Riverside County Building Code, or state-of-the-art recommendations of the Structural Engineers Association of California for seismic considerations in the design of structures, is expected to satisfactorily mitigate the potentially adverse effects of future earthquake shaking on structures of two stories or less. Mid - or High-rise buildings may require special design analysis. The appropriate seismic design criteria will depend upon the type and use of the proposed structure and the underlying geologic conditions. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 4 of 22 RESOLUTION NO. RA 89-8 3. Avoid areas most susceptible to liquefaction or use them for recreational open space purposes. Other alternative methods normally considered for mitigating or eliminating the results of liquefaction include: a) placement of additional fill to increase the overburden pressure, b) densification of subsurface soils by removal and recompaction, vibroflotation and other techniques, c) utilizing heavily reinforced shallow foundations or deep foundations (piles) for structure support and d) lowering the water tables. C. Finding of Significance This City Council finds that incorporation of the above mitigation measures into the Project will reduce the geological impacts of the Project to a level of insignificance. 4. Noise A. Impacts There will be a significant increase in noise and vibration levels on and adjacent to specific development sites in the Project Area during demolition, excavation, grading and other construction activities. The long-term noise impacts resulting from the Project are due to an increase in average daily trips for traffic in the Project Area which, in turn, results in an incremental increase in roadway noise levels. The incremental increase in average daily trips will result in significant increases in noise levels along a number of roadways in the Project Area. B. Mitigation 1. In order to determine the most effective method(s) for attaining the necessary attenuation in an effected area, an acoustical analysis should be prepared by a registered acoustical engineer, pursuant to Title 2S of the California Administrative Code. This analysis, must be prepared prior to the release of building permits for development within noise impacted areas. The analysis will set forth the specific 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 5 of 22 RESOLUTION NO. RA 89-8 measures to be incorporated into building design and site planning to achieve the necessary attenuation. Site planning measures, including set backs as required by City codes may provide adequate attenuation of noise. Site preparation and construction activities will be limited to daytime weekday hours, except as allowed by La Quinta Municipal Code. C. Finding of Significance This City Council finds that the noise impacts of the Project are significant and cannot be fully mitigated. _Implementation of the above mitigation measures will only partially mitigate the noise impacts. Therefore, a Statement of Overriding Considerations has been adopted. (See Statement of Overriding Considerations below.) 5,. Public Services A. Impact Adoption of the Redevelopment Plan will facilitate growth and incrementally increase uses in the Project Area which, in turn, may be expected to result in an increased demand for fire protection services, police protection services, parks, hospitals, libraries, schools, the disposal of solid waste and mosquito abatement services. B. Mitigation Fire 1. To mitigate substandard fire protection impacts in the Project Area, a new water delivery system that will supply water to meet the fire flow requirements stated in the latest Fire Code is needed. The system should be designed to accommodate the projected buildout of the Project Area. 2. Implement the latest Fire Code and strive to attain the fire protection requirements contained in the code throughout the Project Area for new as well as existing development. 3. Implement the service requirements recommended in County's Fire Study Master Plan for La Quinta. 05/04/89 EXHIBIT A 4062n/'2353/008 PAGE 6 of 22 RESOLUTION NO. RA 89-8 AMk 4. Designate a portion of development fees towards the provision of an adequate fire protection system in the Project Area. 5. Implement the policies of the City General Plan, when available, regarding the provisions of the fire protection programs. Police 6. Apply a portion of development fees towards updating the law enforcement service agreement with the County as incremental demand occurs. 11 7. Incorporate the design and other protection requirements per the Riverside County Sheriff's Department. 8. Implement the policies of the City General Plan, when available, regarding the provision of law enforcement programs. Parks 9. To mitigate overcrowding and overuse of the La Quinta Park, locate and develop a new community park in the northern portion of the City. 10. Recognize the request by the Riverside County Parks department to coordinate planning programs to guarantee optimum park planning and redevelopment planning opportunities. 11. Apply a portion of development fees towards the provision of park facilities and other programs in the Project Area. 12. Implement the park dedication ordinance in the City requiring developer participation for dedicating or acquiring and improving park land. 13. Implement the policies of the City General Plan, when applicable, regarding park and recreation programs. 05/04/89 EXHIBIT A 4062n/'2353/008 PAGE 7 0£ 22 RESOLUTION NO. RA 89-8 Aft Hospital 14. Provide local health care and emergency medical treatment in La Quinta by attracting private facilities such as an out -patient clinic. 15. Implement the policies of the City's General Plan regarding the provision of health care service programs. Library 16. Implement the policies of the City General Plan, when available, regarding the provisions of local library services. Schools 17, To mitigate student capacity problems at existing schools used by Project Area residents, assist in the planning efforts to locate and construct new facilities for education. 19 18. Continue to connect the development fee for purposes of funding school facility programs. 19. Implement the policies of the City's General Plan regarding the provision of education to residents in La Quinta. Solid Waste 20. Consider establishing recycling centers throughout the Project Area for purposes of collecting and reclaiming renewal resources, thus prolonging the life of regional landfills. 21. Insure the proper location of trash collection areas in future planned developments of the Project Area to maximize the collection efficiency. 22. Implement the policies of the City's General Plan regarding the provision of a solid waste program in the Project Area. Mosquito Abatement 23. Improve drainage facilities to eliminate areas of standing water. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 8 of 22 RESOLUTION NO. RA 89-8 24. Promote development designs that minimize the areas that serve as breeding locations. 25. Encourage education of area residents of the health effects of mosquitos and eye gnats. C. Finding of Significance This City Council finds that upon implementation of the above mitigation measures into the Project, that the potential fire protection impacts, police protection impacts, park service impacts, hospital service impacts, library service impacts, school service impacts, solid waste disposal impacts, and mosquito abatement services impacts in the Project Area are reduced to a level of insignificance. 8. Traffic and Circulation A. Impact Over the proposed life of the Redevelopment Plan, it is estimated that trip generation in the Project Area will increase by 58,000 trips per day. The "worst case" buildout condition analyzed in the EIR would add over 4,800 residential units with a trip generation rate of 10 trips per day per unit in addition to the 70 trips per 1,000 square feet of commercial use generated in the Project Area. B. Mitigation Measures 1. Implementation of proposed circulation system improvements will help to mitigate further, icremental increases in Project Area traffic resulting from new development. However, during the environmental review process for all new development proposals in the Project Area, individual traffic study reports which are cumulative in scope and prepared by a licensed traffic engineer should be required. The reports will help to ensure that any needed mitigation projects will be in place prior to the approval of any development which may result in a significant impact on the local circulation system. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 9 of 22 RESOLUTION NO. RA 89-8 40 2. All the arterials in the Project Area may potentially need upgrading depending on the scale and geographic distribution of redevelopment activity. 3. The following are recommendations for street improvements, bridge and traffic signalization. Street Improvements East/West Streets ° Fred Waring Drive ° Westward Ho Drive ° Highway 111 ° Avenue 48 ° Avenue 50 North/South Streets ° Washington street ° Adams Street ° Dune Palms Road ° Jefferson Street Bridges ° Washington Street at Whitewater (wideninel) ° Jefferson Street at Whitewater ° Avenue 50 at La Quinta Channel ° Adams Street at Whitewater ° Avenue 48 at La Quinta Channel ° Dune Palms at Whitewater Raised Medians ° Highway ill ° Washington Street ° Jefferson Street Transit Turnouts ° 14 locations Traffic Sisals ° Route 111 at Washington Street ° Route 111 at Adams Street ° Route 111 at Dune Palms Raad ° Route 111 at Jefferson Street ° Washington Street at Fred Waring Drive ° Washington Street at Miles Avenue ° Jefferson Street at Fred Waring Drive 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 10 of 22 RESOLUTION NO. RA 89-8 ° Jefferson Street at Miles Avenue ° Jefferson Street at Avenue 48 ° Jefferson Street at Avenue 5o C. Finding of Significance This the City Council finds 'that upon implementation of the above mitigation measures, no significant adverse impacts will result to intersection operations or traffic circulation in the majority of the Project Area. However, implementation of the above mitigation measures will only partially mitigate the incremental impact of additional vehicular trips on certain Project Area roadways. Because these impacts remain significant, a Statement of Overriding Considerations has been adopted by this City Council. (See Statement of Overriding Considerations below.) 7. Land Use A. Impact Implementation of the Redevelopment Plan is ® intended to alleviate the existing conditions of blight in the Project Area and thereby affect an overall beneficial impact on land use. Implementation of the City's General Plan land use goals is expected to result from the encouragement of commercial and residential development in the Project Area. A potential adverse impact may result if existing businesses are relocated as a result of implementation of the Redevelopment Plan. B. Mitigation 1. Relocation advisory assistance shall be furnished by the Agency to business establishments or residents, if any, whose property is acquired by the Agency in connection with implementation of the proposed Project. Relocation payments will be made to any businesses or residents displaced by the Project according to Agency rules and regulations adopted pursuant to California Government Code and guidelines. The Agency could also provide additional financial assistance which, in the Agency's opinion, may be necessary to carry out the purposes of the proposed Project, subject to the availability of funds for such purpose. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 11 of 22 RESOLUTION NO. RA 89-8 11 C. Findings of Significance This City Council finds that upon implementation of the above mitigation measures, the land use impacts of the Project are mitigated to a level of insignificance. However, the -potential adverse impact resulting from relocation of existing businesses will only be partially mitigated and, therefore, a '.Statement of Overriding considerations has been adopted by this City Council. (See Statement of Overriding Considerations below). 8. Population and Housincx- A. Impact Adoption of the Redevelopment Plan will facilitate growth, thereby increasing the demand for housing in the Project Area. Estimated increases in population and housing in the Project Area are consistent with SCAG growth projections. B. Mitigation 1. Not less than 20 percent of all taxes which are allocated to the Agency in accordance with Section 33334.2 of the California Health and Safety Code shall be used by the Agency for purposes of :increasing and improving the City's supply of housing for persons and families of low and moderate income. 2. Any residential displacement resulting from Project implementation will be mitigated as described in Section 7(13)(1) above. 3. Development of the Project Area in accordance with the La Quinta General :Plan is expected to ensure the attainment of the City's goals for balanced land use and housing within the community. C. Finding of Significance The resulting impact on employment and housing demand from the Project is fully mitigated by implementation of the above measures as conditions of approval or as incorporated in the 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 12 of 22 RESOLUTION NO. RA 89-8 11 Agreement concerning development of the Project. However, the residential displacement and/or relocation impact is only partially mitigated and remains significant. Therefore, this City Council adopts a Statement of Overriding Considerations for this impact. (See Statement of Overriding Considerations below.) 9. Energy/Utilities A. Impact Implementation of the Project results in impacts on energy, water supply, and sewer services. The cumulative increase of energy consumption due to the Project will result in a significant adverse impact upon energy resources. Likewise, daily water consumption subsequent to the completion of new development in the Project Area could increase 75% as a result of Project implementa- tion. The amount of sewage generated in the Project Area will be generally equivalent to the amount of water consumed. B. Mitigation Electricity and Natural Gas 1. Encourage the early construction of necessary facilities to accept geothermal - generated power to boost: the electrical supply source. Construct an additional electrical substation south of Highway 111. This improvement should occur early -on in an effort to avoid stifling development of the Project Area. 2. Encourage the prompt completion of additional gas supply lines. Water 3. The following water conservation measures shall be added: (a) Low -flush toilets (Section 17921.3 of the Health and Safety Code); (b) Low -flow faucets (California Code of Regulations, Title 24, Part 6, Article 1, T20-1406F); 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 13 of 22 RESOLUTION NO. RA 89-8 ® (c) Hot water lines will be insulated in water recirculating systems (California Energy Commission regulations); (d) Supply -line water pressure will be maintained at 50 pounds per square inch or less by means of pressure -reducing valves; (e) Flush valve operated water closets; (3 gallons per flush) shall be included; (£) Drinking fountains will be equipped with self -closing valves; (g) Hot water lines will be insulated to provide hot water faster with less water waste, and hot lines will be separated from cold lines; (h) Conservation reminders will be posted in hotel rooms and restrooms; (i) Thermostatically controlled mixing valves will be used for hotel bath/showers. (j) Water conserving models of washers will be used in laundry facilities. 4. The following water conservation measures for landscape/irrigation purposes shall be instituted: (a) Drought -resistant planting materials will be used for landscaping where possible; (b) The use of lawn will be minimized; (c) Mulch will be applied extensively to all landscaped areas; (d) Efficient irrigation systems which minimize runoff and evaporation will be installed; (e) Previous paving materials will be used wherever feasible to reduce surface AML water runoff and facilitate ground water recharge. 05/04/89 EXHIBIT A 4062n/2353/008 PACE 14 of 22 RESOLUTION NO. RA 89-8 ® (f) Preserve and protect existing trees and shrubs. Established plants are often adapted to low water conditions and their use saves water needed to establish replacement vegetation. (g) Use previous paving materials whenever feasible to reduce surface water and runoff and aid in groundwater recharge. (h) Grading of slopes should minimize surface runoff. (i) Investigate the feasibility of using reclaimed wastewater, stored rainwater, or household grey water for irrigation. (j) Encourage cluster development which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in the groundwater recharge. (k) Preserve natural drainage and encourage the incorporation of natural drainage systems in new developments. This will aid in groundwater recharge. (1) Flood plains and acquifier recharge areas which are the best sites for groundwater recharge should be preserved as open space. (m) Local well water supplies should be conserved by utilization of Colorado river water for irrigation whenever possible. Sewer 5. All future development projects should be connected to the existing interim wastewater system in order to facilitate ultimate connection to the regional treatment facility. 6. The Coachella Valley Water District shall be encouraged to implement the planned regional Ak treatment facility as soon as possible. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 15 of 22 RESOLUTION NO. RA 89-8 LJ 11 7. All future development should be connected to the existing wastewater system. C. Finding of Si nificance The City Council finds that upon implementation of the above mitigation measures, the impacts of the Project on energy, water supply and sewer services are partially mitigated. However, because those impacts are not fully mitigated this City Council adopts a Statement of Overriding Considerations. (See Statement of Overriding Considerations below). 10. Light and Clare Impact A. Impact Future illumination of new parking areas and ornamental lighting associated with new commercial development could impact adjoining areas, if not properly mitigated. In addition, glare impacts may occur if highly reflective exterior building materials are used in the construction of new development in Project Area. B. Mitigation 1. Lighting and parking area should not exceed one footcandle, and shall be shielded and directed away from adjoining residential uses. 2. During the required site plan review of Proposed developments, the City should ensure that site improvements, including lighting and possible glare producing building exteriors do not adversely affect adjacent land uses or highways. The use of reflective glass or other reflective materials should be minimized without jeopardizing energy conversation. C. Finding of Significance The City Council finds that upon implementation of the above mitigation measures into the Project, the light and glare impacts of the Project are reduced to a level of insignificance. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 16 0£ 22 RESOLUTION NO. RA 89-8 ®_ 11. Cultural A. Impact The City shares the concern of other governmental agencies and of Native Americans to preserve significant California cultural resources and to ensure freedom of expression for the Native America religion. Areas within the proposed flood protection area may be of concern to the local Cahuilla community. Known and unknown burial places and cemeteries, places of spiritual importance, native animals and plans of traditionally usage, and major village sites could be adversely impacted by implementation of the Redevelopment Plan. B. Miti ation 1. Prior to the final design of specific development plans, a qualified archaeologist shall be retained to review these plans and to make early assessments about any project - related impacts to known archaeological sites. 2. Any area not previously systematically surveyed shall be surveyed by a qualified archaeologist when the area is approved for development. This would include development proposed for land use changes and for flood control facilities constuction. 3. Prior to any project construction, a qualified archaeologist shall review final grading plans and plot any archaeologically sensitive areas within 500 feet of any proposed development. C. Finding of Significance The City Council finds that upon implementation of the above mitigation measures into the Project, the impacts of the Project on cultural resources are reduced to a level of insignificance. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 17 of 22 RESOLUTION NO. RA 89-8 ® 12. Other Impacts Based on the EIR and the Record before the City Council, this City Council finds that implementation of the Project results in no other significant adverse environmental impacts. FINDINGS CONCERNING THE PROJECT ALTERNATIVES This City Council has considered each of the alternatives presented in the EIR and finds those alternatives infeasible based on economic, social and other considerations as set forth below. 1. Infeasibility of the No Project Alternative The No Project Alternative would not accomplish the goals and objectives of the Redevelopment Plan. Adoption of the No Project Alternative would serve only to delay the potential adverse impacts associated with development of the Project site (increased traffic, noise, air pollution and natural resource/energy consumption). If private development of sites within the Project Area does not occur in the near future, adoption of the No Project Alternative would result in a direct loss of revenue to the Redevelopment Agency as well as a potential indirect loss since the values of surrounding properties would be adversely affected. Uncertainty in development also could make it more difficult to generate developer interest in redevelopment of the Project Area. Accordingly, this City Council finds the No Project Alternative infeasible. 2• Infeasibility of the Reduced Redevelopment Alternative. The environmental impacts of the proposed Redevelop- ment Project would be greater under the reduced redevelopment alternative because reducing the size of the Project Area does not eliminate the need for the identified infrastructure improvements. The Project Area boundaries were established to recognize the: land area that is most impacted and responsible for such improvements. Modification of those boundaries would reduce the Agency's ability to build and finance needed improvements. Similarly, restrictions on tax increment revenues would impact the Agency's ability to provide public improvements and facilities, acquire properties, provide rehabilitation and relocation assistance, eliminate conditions of blight, implement 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 18 of 22 RESOLUTION NO. RA 89-8 the goals of the existing occurring in Council finds infeasible. the La Quinta General Plan, and eliminate environmental deficiencies and problems the Project Area. Accordingly, this City the Reduced Redevelopment Alternative 3. Infeasibility of the Alternative Financing Alternative. As an alternative to the Redevelopment Project, the Agency or City could attempt to undertake a similar program utilizing alternative sources of revenue (sources other than tax increment revenues). However, no single source would be sufficient in amount or purpose to accomplish the activities contemplated by the Redevelopment Project. Accordingly, this City Council rejects the Alternative Financing Alternative as infeasible. STATEMENT OF OVERRIDING CONSIDERATIONS Based on information set forth in the EIR and these Findings of Fact, this City Council finds 'that the adverse environmental impacts related to air quality, displacement of existing residences and business resulting from redevelopment activities, incrementally increased traffic resulting from new development, increased ambient noise levels along affected roadways resulting from Project -generated 1traffic, increased energy consumption, and increased demand for water service are significant environmental impacts which cannot be entirely mitigated or avoided if the Project is implemented. However these unavoidable significant effects of the Project are overridden by the benefits of the Project and the considerations described below. Therefore, this City Council hereby approves and adopts this Statement Of Overriding Considerations. 1. The Redevelopment Project will remedy, remove and prevent physical blight and economic obsolescence in the Project Area. 2. The Redevelopment Project will expand the commercial and residential base of the community through assisting and promoting new and continuing private sector investment. 3. The Redevelopment Project will encourage the cooperation and participation of residents, businesses, business persons, public agencies and communty organizations in the redevelopment of the Ak Project Area. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 19 of 22 RESOLUTION NO. RA 89-8 Akk 4. The Redevelopment Project will address environmental deficiencies including substandard vehicular circulation systems, inadequate water service, sewer and storm drainage systems, and other similar public improvements. 5. The Redevelopment Project will improve and/or provide utility services such as gas, electric and telephone services where such deficiencies .are adversely affecting the Project Area, 6. The Redevelopment Project will remedy the existence of 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. 7. The Redevelopment Project will provide an opportunity to replan, redesign and redevelop areas within the Project Area that are economically stagnating and/or improperly utilized. 8. The Redevelopment Project will recycle and/or develop underutilized parcels to accommodate higher and :better economic uses thereby improving the financial viability of the community as a whole. 9. The Redevelopment Project will provide a method to achieve an environment reflecting a high level of concern for contemporary urban design principles including architecture and landscaping. 10. The Redevelopment Project will promote the creation of new employment opportunities. 11. The Redevelopment Project will provide opportunities for the expansion of the community's supply of housing (on a citywide basis) including housing opportunities for low and moderate income households. 12. The Redevelopment Project will provide an opportunity to plan and implement new development and infra- structure that will result in improved service to the Project Area. 4062n/2338/04 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 20 of 22 RESOLUTION NO. RA 89-8 Ink MITIGATION MONITORING PROGRAM 11 In compliance with Public Resources Code Section 21081.6, this City Council does hereby establish the following Mitigation Monitoring Program for Redevelopment Project No. 2. This Mitigation Monitoring Program ensures compliance with all mitigation measures adopted herein as set forth above in the Findings Concerning the Significance of Environmental Impacts Identified in the EIR. In most cases, the mitigation measures adopted herein are project specific and will be monitored by the City's Planning and Development staff when a proposed project in the Redevelopment Project Area is submitted for review. Project specific mitigation measures can be broken down into two categories: project design mitigation measures and ongoing mitigation measures. A project design mitigation measure is one that is to be incorporated into a specific project's design to mitigate one or more impacts identified in the Final EIR and adopted herein, (e.g. the water conservation measures set forth in Section 9(B)(3) of the Findings Concerning the Significance of Environmental Impact Identified in the EIR set forth above:). These mitigation measures will normally be shown on the project design plans, which plans shall not be approved until the appropriate mitigation measures herein have been incorporated into the project design. An ongoing mitigation measure is one that is associated with a specific project, but over a period of time, (e.g. dust control during grading activities). Monitoring of this type of mitigation measure will be similar to that of project design mitigation measures, as noted above, except that the status of each ongoing mitigation measure will be noted at various times until no longer needed. Planning and Development staff may submit periodic reports on the status of ongoing mitigation measures as appropriate. Cumulative mitigation measures, as opposed to project specific mitigation measures, are those that address the Redevelopment Project Area as a whole. Cumulative mitigation measures will be monitored in the same way as project specific mitigation measures except that cumulative mitigation measures will usually be monitored over a greater period of time. Specific cumulative mitigation measures, such as the provision of relocation advisory assistance will be monitored by the, Redevelopment Agency staff. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 21 of 22 RESOLUTION NO. RA 89-8 ® In those few cases in which compliance with a mitigation measure cannot be verified through the Planning and Development Department or through the Agency, and specialized expertise is required, the City or the Agency may hire an outside consultant. Furthermore, it will be the responsibility of other agencies those agenciesto monitor mitigation measures requested by . The City shall notify these agencies when specific mitigation measures of theirs have been included in project approvals and these agencies shall then submit a proposed program to the City which outlines the proposed monitoring program. Accordingly, these agencies shall also inform the City in writing when each of their mitigation measures has been complied with. 05/04/89 EXHIBIT A 4062n/2353/008 PAGE 22 of 22 0 RESOLUTION NO. RDA C9-9 RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE PROPOSED REDEVELOPMENT PLAN FOR THE REDEVELOPMENT PROJECT AREA NO. 2 AND RECOMMENDING ADOPTION OF THE REDEVELOPMENT PLAN BY THE LA QUINTA CITY COUNCIL WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has prepared a proposed Redevelopment Plan (the "Plan") i°or the Redevelopment Project Area No. 2; and WHEREAS, The Agency has directed that. the proposed Plan be transmitted to the appropriate taxing entities, Planning Commission and City Council for consideration as required by the California Redevelopment Law ("Health and Safety Code"); and 1pAdNk WHEREAS, the Planning Commission has heretofore determined that the Plan conforms to the General Plan of the City of La Quinta; and WHEREAS, the Agency has complied with all requirements for public participation in the preparation of the Plan and has held a joint public hearing with the City Council on the certification of the Final Environmental Impact Report on the Plan and adoption of the Plan, pursuant to Section 33355 of the Health and Safety Code; and WHEREAS, the Agency has received written and oral testimony on the Plan and has duly considered all such testimony: NOW,THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: section 1. The above recitals are all true and correct. Section 2. The Agency approves the Plan and recommends adoption by the City Council in the form on file with the, Secretary of the Agency. Section 3. The Secretary of the Agency shall certify to the adoption of this Resolution. RESOLUTION NO. RA 89-9 6 PASSED AND ADOPTED by the La Quinta Redevelopment Agency at a regular meeting thereof this 18th day of April, 1989, by the following vote to wit: AYES: Mr. Bohnenberger, Mr. Rushworth, Mr. Sniff, Chairman Pena NOES: None ABSENT: Mrs. Bosworth ATT4T : ecretary U K] Chairman La Quinta Redevelopment Agency JOINT MEETING CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MAY 2, 1989 Joint meeting of the La Quinta City Council and La Quinta Redevelopment Agency was held on May 2, 1989, Mayor/Chairman Pena presiding. CITY COUNCIL ROLL CALL: PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bosworth REDEVELOPMENT AGENCY ROLL CALL: PRESENT: Mr. Bohnenberger, Mr. Rushworth, Mr. Sniff, Chairman Pena ABSENT: Mrs. Bosworth CITY COUNCIL ROLL CALL PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bosworth 1. CONSIDERATION OF ACTIONS RELATIVE TO REDEVELOPMENT AGENCY PROJECT AREA NO. 2. Mr. Mark Huebsch, Legal Counsel, with the firm Stradling, Yocca, Carlson and Rauth, advited that a joint public hearing on the proposed adoption of a Redevelopment Plan was held. At that time, various testimony was heard and written comments were presented from City of Palm Springs, City of Indio and Les Pricer representing the Soils Conservation District. The public hearing was closed with the issue being continued to this date in order to respond to the written comments as they could conceivably be: considered to be objections although in many instances it wasn't clear what the letters were addressing. The Council/Board has received copies of those letters. Additionally, the City Clerk has on file, proof of publication for both public hearings. Mr. Huebsch then reviewed the resolutions before the Council/Agency for adoption. He added that no further correspondence has been received and discussions have been continuing with representatives of JW various taxing agencies. City Council Minutes Page 10 May 16, 1989 11 Ms. Honeywell, City Attorney, advised that under the Public Contracts Code, the City has the right to reject all bids in a situation where it is determined that the bid is unreasonably high. A finding can be made that in a given situation„ staff can undertake some of the responsibility of the particular project and act as the general contractor and solicit different bids for the sub -contracting, which would save approximately 1530,000 in this case. MOTION - It was moved by Council Member Sniff, seconded by Council Member Rushworth that the bid of Matich Corp. be rejected. Motion carried unanimously. MINUTE ORDER NO.,89-47. MOTION - It was moved by Council Member Sniff, seconded by Council Member Rushworth that staff be authorized to act as general contractor on the mini -park and be directed to proceed to complete the mini -park with City personnel where appropriate and by bid, private enterprise on various; park components. Motion carried unanimously. MINUTE ORDER NO. 89-48. 9. SECOND READING OF ORDINANCES. ORDINANCE NO. 138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, - CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 89-038. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 138 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 139 AN ORDINANCE OF THE CITY COUNCIL OF' THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 2. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 139 be adopted on second reading. Motion carried by the following vote: 40 AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 139 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 2. WHEREAS, the City Council has received from the La Quinta Redevelopment Agency (the "Agency"), the proposed Redevelopment Plan (the "Redevelopment Plan") for the Redevelopment Project No. 2 (the "Project") as approved by the Agency, a copy of which is on file with the City Clerk at the Office of the City Clerk, City Hall, 78-105 Calle Estado, La Quinta, California, together with the Report of the Agency, including the reasons for the selection of the area proposed to be included in the Redevelopment Project No. 2 Area (the "Project Area"), and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code of the physical, social and economic conditions existing in the Project Area, the proposed method of financing tie redevelopment of the Project Area, a plan for the relocation of business owners and tenants who may be temporarily or permanently displaced from ® the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of La Quinta (the "Planning Comission"), a summary of meetings with Project Am Area residents, an environmental impact report on the Redevelopment Plan, and the report of the Fiscal Review Committee and the Agency's analysis thereof, and a neighborhood impact report; and WHEREAS, the Planning Commission has submitted to the City Council of the City of La Quinta its report and recommendations for approval of the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the City of La Quinta; and WHEREAS, the City Council and the Agency opened a joint public hearing on March 21, 1989, which was continued and further testimony taken on April 18, 1989, concerning the adoption of the Redevelopment Plan and the certification of the Final Environmental Impact Report on the Redevelopment Plan, in the City Council Chambers, City Hall, 78-105 Calle Estado, La Quinta, California; and WHEREAS, notice of the hearing was duly and regularly published in the Daily News, a newspaper of general circulation in the City of La Quinta n accordance with Section 33:361, and ® copy of said notice and affidavit of publication are on file with the City Clerk of the City of La Quinta and Secretary of the Agency; and ® WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each addressee, as shown on the last equalized assessment roll of the County of Riverside, of each parcel of land in the proposed Project Area; and WHEREAS, each assessee in the Project: Area was sent a separate statement, attached to the notice of joint public hearing, that his property may be subject: to acquisition by purchase or condemnation under the provisions of the Redevelopment Plan; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Agency has prepared and submitted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the Project in accordance with the Redevelopment Plan; and WHEREAS, the Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Project, and in light ® of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and El WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and WHEREAS, the Agency and the City Council have reviewed and considered the Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health S Safety Code Section 33352, and certified the completion of said Environmental Impact Report on May_, 1989, by Agency Resolution No. and City Council Resolution No. ORD NO. 3616n/2338/04 -2- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: Section 1• That the purpose and intent of the City Council with respect to the Project Area is to accomplish to the greatest extent feasible the following: (a) To remedy, remove, and prevent physical blight: and economic obsolescence in the Project Area through implementation of the Plan. (b) To expand the commercial base of the community. (c) To encourage the cooperation and participation of residents, business, business persons, pubic agencies and community organizations in the redevelopment/ revilization of the Project Area. (d) To upgrade the general aesthetics of the commercial enterprises to improve their economic viability. (e) To provide for the expansion, renovation and relocation of businesses within the Project Area to ® enhance their economic viability. (f) To improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. (g) To recycle and/or develop underutilized parcels to accommodate higher and better economic uses, :improving the financial viability of the City. (h) To address inadequate street improvements and roads that vary in width and degree of improvement as they cross the Project Area. (i) To alleviate inadequate drainage improvements that constrain the development of various parcels :in the Project area, the cost of which cannot be borne by private enterprise acting alone. (j) To address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. M To remedy depreciating property values and impaired ® investments. ORD NO. 3616n/2338/04 -3- ® (1) To provide opportunities and mechanisms to increase sales tax, business license tax and other revenues to the City. (m) The installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements. (n) The rehabilitation, remodeling, demolition or removal of buildings, structures and improvements. (o) The rehabilitation, development or construction Of affordable housing in compliance with State law. (p) Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to occupants desiring to remain or relocate with the redeveloped Project: Area. (q) Providing relocation assistance to displaced residential and nonresidential occupants. (r) The development or redevelopment of land by private enterprise or public agencies for purposes and uses ® consistent with the objectives cf this Plan. (s) Managing of any property acquired by the Agency. (t) Assisting in providing financing for the construction of residential, commercial and industrial buildings to increase the residential, commercial and industrial base of the City and surround area, and the number of temporary and permanent jobs in the City and surrounding area. Section 2: THE CITY COUNCIL HEREBY FINDS AND DETERMINES THAT: 11 a. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000, et sec.). This finding is based upon the following conditions which characterize the Project Area: (1) The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, including inadequate and insufficient traffic ORD NO. 3616n/2338/04 -4- circulation, parking, drainage, sidewalks, curbs, gutters and traffic signals, which cannot be remedied with private and governmental action without redevelopment. (2) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. (3) A prevalence of impaired investments and economic maladjustment. (4) The existence of unfit or unsafe buildings and structures due to age, obsolescence or mixed character. (5) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development. It is further found and determined that such conditions constitute a serious physical, social and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring ® redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based in part on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements are beyond the capacity of the City and cannot be undertaken or borne by private enterprise, acting alone or in concert with available governmental action. This finding is supported in part by the fact that development has not proceeded within the Project Area, due to blighting conditions as identified herein which discourage development. b. The Project Area is an urbanized area. Not less than eighty percent (so%) of the privately owned property in the Project Area has been or is developed for urban uses or, due to its role in the circulation system of the City is an integral part of an area developed for urban uses, as demonstrated by the Agency's Report to Council. C. The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction ® of the conditions of blight, providing for planning, ORD NO. 3616n/2338/04 -5- ® development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and. providing for higher economic utilization of potentially useful land. d. The adopting and carrying out the Redevelopment Plan is economically sound and feasible. This finding is based in part on the fact that under the Redevelopment Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it had adequate revenue to finance the activity; the Agency's Report to City Council further discusses and demonstrates the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto. e. The Redevelopment Plan conforms to the General Plan of the City of La Quinta. This finding is based in part on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of La Quinta. f. The carrying out of the Redevelopment Plan will promote the public health, safety and welfare of the City of La Quinta and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area and the community by correcting conditions of blight and by ® coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, social and physical conditions of the Project Area and the community. g. The condemnation of real property to the extent provided for in the Redevelopment Plan is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon the need to assemble sites for certain public facilities, to assemble developable units for economic activity and to prevent the recurrence of blight. h. The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area. Although such displacement is not contemplated, the City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable in the event relocation would occur due to the implementation by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to -law constitutes a feasible method for relocation. ORD NO. 3616n/2338/04 -6- i. 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 any families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available accessible to their places of employment. This finding is based in part upon the fact that no person or family will be required by the Agency to move from any dwelling unit until suitable replacement housing is available. j. Inclusion of any land, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based in part upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose ® inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. k. The elimination of blight and the redevelopment of the Project Area would not reasonably be expected to be accomplished by private enterprise acting alone without: the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including without limitation the lack of adequate public improvements and facilities, structural deficiencies and other indications of blight: more fully enumerated in the record, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in public improvements and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. 1. The effect of tax increment financing will not: cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. This finding is based in part upon the analysis contained in the Agency's Report to the City Council. M. The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to ® the Redevelopment Plan, and it provides for the retention of ORD NO. 3616n/2338/04 -7- ® controls and the establishment of restrictions and covenants running with the land sold or leased for private use for, periods of time and under conditions specified in the Redevelopment Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. E Section 3: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of La Quinta at the time of their displacement, No persons or families of low- or moderate -income shall be displaced from residence unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of displacement. Such housing units shall be suitable to the needs of such displaced persons or families and dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready occupancy. Section 4: All written objections to the Redevelopment Plan filed with the City Clerk of the City of La Quinta before, at or during the noticed hearings have been considered and overruled. In addition, Findings and Responses to Written Objections Made Pursuant to Health and Safety Code Section 33363 Relating to the Redevelopment Plan for Project Area No. 2 have been adopted and are incorporated herein by this reference. All oral objections presented to the City Council at the hearings have been considered and overruled. Section 5: That certain document entitled "Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2", the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of -the City Clerk of the City of La Quinta, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated, is hereby designated, approved and adopted and the official "Redevelopment Plan for the La Quinta Redevelopment Project No. 2". ORD NO. 3616n/2338/04 -8- Section 6: In order to implement and facilitate the effectuation of the Redevelopment Plan as hereby approved, this City Council hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City of La Quinta having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. Section 7: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out: the Redevelopment Plan. Section 8: The City Clerk is hereby directed to record with the County Recorder of Riverside County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. Section 9: The City Clerk is hereby directed to transmit a copy of the description and statement to be recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, to the Auditor and Assessor of the County of La Quinta, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area and to the State Hoard of Equalization. Section 10: This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 11: If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such ORD NO. • 3616n/2338/04 -9- decision shall not affect the validity of the remaining portion ® of this ordinance or of the Redevelopment Plan, and this City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. Section 12• This Ordinance shall be introduced at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. The full text of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in the Desert Sun, a newspaper of general circulation, in the City of La Quinta. The City Clerk shall post a copy of this Ordinance in three (3) places as specified in a resolution of the City Council and shall post a certified copy of the full text of such adopted Ordinance along with the names of the those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. PASSED, APPROVED AND ADOPTED THIS 16th day of May, 1989 by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ® ABSTAIN: None ABSENT: ;done JOHN J. PENA, N4yor ATTE City of La Quinta, California AUNDRA L. JUH City Clerk City of La Quinta, California 0 ,6, CITY OF LA QUINTA Staff Report and Recommendation TO: Planning Commission DATE: December 13, 1988 SUBJECT: PROPOSED REDEVELOPMENT PROJECT AREA NO. 2 - RESOLUTION: o RECOMMENDING CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT o RECOMMENDING APPROVAL OF THE REDEVELOPMENT PLAN o MAKING FINDINGS RELATIVE TO CONFORMANCE WITH THE GENERALPLAN BACKGROUND On August 2, 1988, the Redevelopment Agency authorized the transmittal of the Redevelopment Plan, Preliminary Report and the Draft Environmental Impact Report (EIR) for Project Area No. 2, to all affected agencies. The primary purpose of the Preliminary Report is to provide taxing entities with information on the proposed Redevelopment Plan to allow them to analyze any fiscal impact the establishment of the Project Area may cause to their entity. The Preliminary Report generally discusses those items required by law. It identifies the general conditions which exist in the Project Area which necessitate the use of redevelopment in order to remedy. The Report cites the existence of economic blight in the form of inadequate improvements, facilities, utilities, impaired investments, irregularly formed or shaped lots and lots laid out in disregard to physical characteristics as the basis for creation of the Project Area. Approximately $78 million of project costs have been identified in the Preliminary Report. This estimate includes the cost of public improvements and all other potential costs which can now be identified as maybe needed in the Area. It does not include the 20 percent housing set -a -side funding requirements. The Draft EIR presented information relative to the environmental effects expected to occur as a result of establishing the Project Area No. 2. The EIR may best be referred to as a "Program EIR" which will serve as the primary environmental documentation for the Project Area. It is anticipated that when subsequent implementation activities involve site specific operations, further environmental evaluation of such projects will be made on a case by case basis. The Draft EIR was circulated and comments were received. The Agency consultants have prepared responses to the comments and the Final EIR is included for your review. �ieq�nmaVresiae ® The Redevelopment Plan provides the legal and financial framework for redevelopment implementation activities. The Plan conforms to the General Plan in that it does not modify the City's adopted General Plan. Throughout Section 600, USES PERMITTED IN THE PROJECT AREA of the Plan, it is referenced that the General Plan, local codes and ordinances shall establish the uses and development standards in the Project Area. All proposed development within the Project Area must comply with the City's zoning and development standards. The Plan does not change General Plan Goals and Policies. DISCUSSION Pursuant to Section 33346 of the Health and Safety Code, the Redevelopment ,Agency is required to submit the Redevelopment Plan to the Planning Commission. The Planning Commission shall make recommendations concerning the Redevelopment Plan and its conformance to the General Plan. The contents of the Redevelopment Plan are specifically outlined by State Law. The Plan is purposely general in nature (due to its 40 year duration) and provides the basic framework to guide the Redevelopment Agency in implementing the proposed redevelopment program. The Plan does not propose any changes to the land use or street system as shown in the General Plan. Uses permitted in the Project Area shall be those presented in the City of La Quinta's General Plan, zoning and building codes as they now exist or are hereinafter amended. The Redevelopment Plan provides a new vehicle (tax increment financing) to fund economic development and public facility/infrastructure projects. GO RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution, which finds that the Redevelopment Plan for Project Area No. 2 is consistent with the General Plan and recommends approval of the Redevelopment Plan and certification of the EIR. I "IA APPROVED A QUINTA PLANMINO CONIaMON 11 MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California December 13, 1988 I. CALL TO ORDER 7:00 p.m. A. The meeting was called to order at 7:02 P.M. by Chairman Walling. The Flag Salute was led by Commissioner Zelles. II. ROLL CALL A. Chairman Walling requested the roll call. Present: Commissioners Zelles, Moran, and Chairman Walling. Chairman Walling moved to excuse Commissioners Steding and Bund. Commissioner Moran seconded the motion. Unanimously approved. B. Staff Present: Planning Director Murrel Crump. III. PUBLIC HEARINGS - None IV. PUBLIC COMMENT - None V. CONSENT CALENDAR A motion was made by Commissioner Moran and seconded by Commissioner Zelles to approve the Minutes of November 22, 1988. Unanimously approved. VI. BUSINESS ITEMS Chairman Walling brought Business Item A before the Commission at this time. The Business Item was as follows: A. Redevelopment Project Area No. 2. 1. Mr. Dave Meyer of Rosenow Spevacek Group, Inc., consultant to the Redevelopment Agency, made a presentation to the Commission. A copy of said report is on file in the Planning and Development Department. BJ/MIN12/13.DFT - 1 - ® 2. Commissioner Moran questioned Mr. Meyer regardinc the City of Indio's concern regarding the EIR. Mr. Meyer stated that most of the information they are requesting will be addressed in the future a: projects are implemented. In addition, he felt the information they were seeking at present went beyond the scope of the EIR written for the Redevelopment Plan. 3. Chairman Walling questioned how our community and other cities had been notified and if anyone had responded. Mr. Meyer stated notification up to this point, had been by publications in the newspapers. Those that own property within the project area will receive a certified letter relative to the joint City Council/Redevelopment Agency public hearing, sometime in late January or early February. 4. Commissioner Zelles questioned how the response from Indio would hold up the proceedings. Mr. Meyer- asked their attorney to address this question. Mr. Ron Van Blarcom with Stradling, Yocca, Carlson and Rauth law firm, special council to the to agency. He stated that the response merely goes with the document as a response. The Staff will make attempts to work with Indic. to solve their concerns. Following further discussion it was stated that the function of the Planning Commission in this matter is to determine, 1.) if the Redevelopment Plan is consistent with the General Plan and, 2.) review the EIR to see that it is complete. 5. Commissioner Moran moved to adopt Planning Commission Resolution No. 88-030 recommending to the City Council Redevelopment Project Area No.. 2 and associated EIR with the findings that the project is consistent with the General Plan and that the EIR is sufficient to be certified. Following a roll call vote, passed unanimously. B. Tentative Tract No. 21555, Bar Con Development, Dennis Freeman, Parc La Quinta on Washington Street, for a modification of Condition 011, regarding a full turn movement (median break) access to Washington Street. 1. Planning Director Murrel Crump presented the To Staff report, a copy of which is on file ir. the Planning and Development Department. 2 - BJ/MIN12/13.DFT ® PLANNING COMMISSION RESOLUTION NO. 88-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING APPROVAL OF THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, MAKING A REPORT AND RECOMMENDATION AS TO CONFORMITY WITH THE GENERAL PLAN, RECOMMENDING CERTIFICATION OF THE EIR AND TRANSMITTING THE REPORT TO THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL. WHEREAS, the La Quinta City Planning Commission held a public meeting December 13, 1988, to consider the Redevelopment Plan, to make a report and recommendations as to its conformity with the General Plan and to transmit the report to the Redevelopment Agency and the City Council and; WHEREAS, proceedings have been initiated for the adoption of the La Quinta Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 (the "Redevelopment Plan") and; WHEREAS, the Planning Commission has reviewed the Redevelopment Plan with particular regard to its conformity 40 with the General Plan of the City of La Quinta and the associated EIR; and WHEREAS, the following findings of fact have been made in regard to the Redevelopment Plan and its conformity with the General Plan: 1. The Planning Commission hereby finds and determines that the Redevelopment Plan is in conformity with the General Plan of the City of La Quinta. 2. The Planning Commission hereby finds and determines that the location, purpose and extent of any acquisition or disposition of real property for street, park, public space, or other public purpose by the Redevelopment Agency for the purposes of carrying out the Redevelopment Plan conforms to the General Plan of the City of La Quinta. 3. The Planning Commission hereby recommends the approval of the Redevelopment Plan. 4. This Resolution shall constitute the reports and recommendation of the Planning Commission to the City Council pursuant to Section 33346 of the Health and Safety Code. 5. The Environmental Impact Report has been prepared in accordance with the provisions of CEQA. • - 1 - BJ/RESOPC.013 NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact, the La Quinta City Planning Commission hereby recommends to the Redevelopment Agency and the City Council approval of the Redevelopment Plan; and certification of the EIR. 1. The Director of Planning and Development will submit the Redevelopment Plan and the Planning Commission's report and recommendations to the Redevelopment Agency and City Council. 2. The Secretary to the Planning Commission shall certify to the adoption of this Resolution and transmit a copy to the Redevelopment Agency and the City Council.. PASSED AND ADOPTED by the La Quinta City Planning Commission at a regular meeting held December 13, 1988, by the following vote: AYES: Commissioners Zelles, Moran, and Walling NOES: None ABSENT: Commissioners Steding, and Bund ABSTAIN: None 2 - BJ/RESOPC.013 REDEVELOPMENT PLAN FOR THE LA OUINTA REDEVELOPMENT PROJECT AREA NO. 2 Prepared for: La Quinta Redevelopment Agency P. O. Box 1504 78-105 Calle Estado La Quinta, CA 92253 619/564-2246 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 July, 1988 E E El TABLE OF CONTENTS SECTION I. (100) INTRODUCTION.......................................................1 SECTION 11. (200) GENERAL DEFINITIONS..........................................1 SECTION III. (300) PROJECT AREA BOUNDARIES ..............................2 SECTION IV. (400) REDEVELOPMENT PLAN OBJECTIVES.................2 SECTION V. (500) REDEVELOPMENT ACTIONS..................................4 A. GeneralB. .......................................... q Property Acquisition....................................................................................4 C. Participation by Owners and Tenants D. Certificates of ConformanceE. ........................................ ............... .................................... .5 g Cooperation with Public Bodies ...................... . F. Property Management ............... 6 G. Payments to Taxing Agencies to Alleviate H. FinancialBurden..............................................................................6 Relocation of Persons Displaced by a Redevelopment Project ....................................................................7 I. Demolition, Clearance, Public Improvements, and Site Preparation .................................................... J. Rehabilitation and Moving of Structures by the K. Agency Property Disposition and Development 9 L. ........................................................10 Provisions for Low and Moderate Income Housing......................................12 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA........ 15 A. Map and Uses Permitted..............................................................................15 CB. Urban Land Use..................................................................................15 . Public Uses................................................................................. 15 D. Conforming Uses/Properties; Certificates of Conformance.......................................................... 16 E. Nonconforming Uses..............................................................................16 F. Interim Uses................................................................................. 16 G. General Controls and Limitations.................................................................16 H. Design for Development...............................................................................19 I. Building Permits................................................................................ 19 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT 20 A. General Description of the Proposed Financing Methods ......................20 ....... B. Tax Increments............................................................................... 20 C. Agency Bonds ...... 22 D. .................. Other Loans and Grant s.............................................. 22 E. ......................................................... Rehabilitation Loans, Grants and Rebates .................... 22 SECTION VIII. (800) ACTIONS BY THE CITY..........................................23 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ............ 23 SECTION X. (1000) DURATION OF THIS PLAN.....................................23 SECTION XI. (1100) PROCEDURE FOR AMENDMENT .........................24 r E PROPOSED REDEVELOPMENT PLAN FOR THE LA OUINTA REDEVELOPMENT PROJECT AREA NO.2 SECTION 1. (100) INTRODUCTION This is the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 located in the City of La Quinta, County of Riverside, State of California. This Plan consists of the text (sections 100 through 1100), the Redevelopment Plan Map (Exhibit A), the legal description of the Project Area Boundaries (Exhibit B) and a listing of the proposed public agency redevelopment projects (Exhibit C). This Redevelopment Plan has been prepared by the La Quinta Redevelopment Agency pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000, et. se=c.), the California Constitution and all applicable laws and ordinances. It provides the Agency with powers, duties and obligations to implement and further the program generally formulated for the redevelopment, rehabilitation and revitalization of Project Area No. 2. This Plan 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 Redevelopment Plan is based upon the Preliminary Plan formulated and adopted by ®the La Quinta Planning Commission on March 22, 1988, and by the La Quinta Redevelopment Agency on April 5, 1988. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Redevelopment Plan unless otherwise specified herein: A. "Agency" means the La Quinta Redevelopment Agency. B. "Agency Board" means the governing body of the La Quinta Redevelopment Agency. C. "City" means the City of La Quinta, California. D. "City Council" means the City Council of the City of La Quinta, California. E. "County" means the County of Riverside, California. F. "Disposition and Development Agreement' means the contractual agreement between the owner participant and/or developer that sets forth terms and conditions for redevelopment. G. "Map" means the Redevelopment Plan Map, attached hereto as Exhibit A. ® H. 'Person" means an individual(s), or any public or private entities. \L QLIINTA\RDPUN\SEAT" I. "Plan" means the Redevelopment Plan for the La Quinta Redevelopment Project Area No.2. J. "Planning Commission" means the Planning Commission of the City of La Quinta, California. K. "Project Area" means the territory this Plan applies to as shown on Exhibit: A. L. "Redevelopment Law" means the Community Redevelopment Law of the; State of California (California Health and Safety Code, Sections 33000 et. seg.) as it now exists or is hereafter amended. M. "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 OBJECTIVES Implementation of this Plan is intended to achieve the following objectives: o To remedy, remove, and prevent physical blight and economic obsolescence in ® the Project Area through implementation of the Plan. o To expand the commercial base of the community. o To encourage the cooperation and participation of residents, business, business persons, public agencies and community organizations in the redevelopment/revitalization of the Project Area. o To upgrade the general aesthetics of the commercial enterprises to improve their economic viability. o To provide for the expansion, renovation and relocation of businesses within the Project Area to enhance their economic viability. o To improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. o To recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. o To address inadequate street improvements and roads that vary in width and degree of improvement as they cross the Project Area. \LAOUINTA\ROPL N\9ECT1-4 2 o To alleviate inadequate drainage improvements that constrain the development of ® various parcels in the Project Area, the cost of which cannot be borne by private �I enterprise acting alone. El o To address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. o To remedy depreciating properly values and impaired investments. o To provide opportunities and mechanisms to increase sales tax, business license tax and other revenues to the City. \L QUINTA\RDPL N\SECT1-4 3 SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the spread of blighting influences, and to strengthen the economic base of the Project Area, and the community through: 1. The installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements. 2. The rehabilitation, remodeling, demolition or removal of buildings, structures and improvernents. 3. The rehabilitation, development or construction of affordable housing in compliance with State law. 4. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to occupants desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. Managing of any property acquired by the Agency. 8. Assisting in providing financing for the construction of residential, commercial and industrial buildings to increase the residential, cormercial and industrial base of the City and surrounding area, and the number of temporary and permanent jobs in the City and surrounding area. To accomplish these actions and to implement this Plan, the Agency is authorized to use all the powers provided in this Plan and all powers now or hereafter permitted by law. B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law including eminent domain. The Agency may acquire structures without acquiring the land upon which those structures are located. The Agency may acquire any interest in real property. The Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present \LACUINTA\RDPIAN\SECT-5 4 form and use without the consent of the owner, unless, (1) such building AL requires structural alterations, improvement, modernization, or rehabilitation, or (2) the ;site or lot on which the building is situated requires modification is size, shape or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. 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 ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. 2. (504) Acquisition of Personal Property Where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. C. (505) Participation by Owners and Tenants 1. (506) Owner and Tenant. Participation The Agency shall promulgate rules for owner and tenant participation which may be amended from time to time. The Agency shall consider reasonable preference to persons who are owners or tenants in the Project Area to continue in or re-enter the redeveloped area if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and ire -entry; such rules allow for "Owner Participation Agreements" with the Agency. The Agency desires participation in redevelopment by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners to finance acquisition and development in accordance with this Plan; and any reduction in the total number of individual parcels in the Project Area. (507) Participation Agreements Under a participation agreement the participant shall agree to rehabilitate, develop, or use the property in conformance with the Plan and be subject to the provisions hereof. In the 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 a participation agreement, the Agency shall declare: the agreement terminated and may acquire the real property or any interest therein. 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 \I QUINTA\RDPI N\SECT-5 5 redevelopment can best qPAM tenant an opportunity to shall not be required to tenant. be accomplished without affording an owner or execute a participation agreement, the Agency execute such an agreement with that owner or D. (508) Certificates of Conformance The Agency is authorized to make determinations of those properties which conform to this Plan. If such a determination is made by the Agency, the Agency may issue a Certificate of Conformance to qualifying properties and such property will not be subject to acquisition by eminent domain under this Plan so long as the property continues to conform to this Plan and to such further terms and conditions as the Agency may require, by conditioning the issuance of a Certificate of Conformance as necessary or appropriate to carry out this Plan. E. (509) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate with or without consideration, in the planning and implementation activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate Plan implementation activities with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without consent of such public bodies. The Agency, however, 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 Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and otherwise) assist to public entity in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) which land, buildings, facilities, structures, or other improvements are of benefit to the Project. F. (510) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its final disposition for redevelopment. G. (511) Payments to Taxing Agencies to Alleviate Financial Burden As provided for in Health and Safety Code Section 33401, the Agency may pay an amount of money in lieu of taxes in any year during which it owns property in the ® Project Area. Such payment shall be made directly to the City, County or special district, including, but not limited to, a school district, or other public corporation \LAOUINTA\FDPLAN\SECT-5 6 for whose benefit a tax would have been levied upon such property had it not been exempt. The Agency may also pay to any taxing agency with territory located within a project area other than the community which has adopted the project, any amounts of money which the Agency has found are necessary and appropriate to alleviate any financial burden or detriment caused to any taxing agency by a redevelopment project. The payments to a taxing agency 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, except that a greater payment may be established by agreement between the Agency and one or more taxing agencies, except a school district, if the other taxing agencies agree to defer payments of 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 be approved by a resolution, adopted by the Agency, which shall contain findings, supported by substantial evidence, that the redevelopment project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. The requirement that the Agency may make payments to a taxing entity only to alleviate a financial burden or detriment, as defined in Section 33012 of the Redevelopment Law, and only after approval by a resolution which contains specified findings, shall apply only to payments made by the Agency pursuant to an agreement between the Agency and a taxing entity which is executed by the Agency on or after the effective date of amendments to Section 33401 of the Redevelopment Law enacted by the Statutes of 1984. A proportionate share of any amount of money paid by the Agency to any city and county pursuant to this subdivision shall be disbursed by the city and county to any school district with territory located within a redevelopment project area in the city and county. 'Proportionate share", as used in this section, means the ratio of the school district tax rate, which is included in the total tax rate of the city and county. H. (512) Relocation of Persons Displaced by a Redevelopment Project (513) Relocation Program In accordance with the provisions of the California Relocation Assistance Act (Government Code Section 7260 et. sea.) the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Relocations Rules, procedures and guidelines 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. Such relocation assistance shall be provided in the manner required by the Relocation Guidelines. 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 \ LAOUINTA\ RDPLAN \SECT-5 shall make a reasonable effort to relocate displaced individuals, families, and commercial and industrial establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. 2. (514) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Relocation Guidelines, Relocation Assistance Act, and the Redevelopment Law. I. (515) Demolition. Clearance, Public Improvements and Site Preparation 1. (516) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or with the approval of the owner thereof, to demolish, clear or move buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. 2. (517) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to causes 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. A list of proposed public agency redevelopment projects is set forth in Exhibit C. The Agency, with the prior 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, or other improvements which is publicly owned either within or outside the Project Area upon a determination by resolution of the Agency Board and the City Council: (1) that such buildings, facilities, structures and other improvements are of benefit to the Project Area or the immediate neighborhood in which the Project Area is located; (2) that no other reasonable means of financing such buildings, facilities, structures or other improvements are available to the City. When the value of such land or the cost of the installation and construction of such building, facility or other improvement, or both, has been, or will be, paid or provided for initially by the community 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 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. \L QUINTA\FDPL N\SECT-5 8 11 E 11 3. (518) Preparation of Building Sites 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, undertake or make provisions with other agencies for the installation, or construction of parking facilities, ,streets, utilities, parks, playgrounds and other public improvements necessary for carrying out the Plan in the Project Area. J. (519) Rehabilitation and Moving of Structures by the Agency 1. (520) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to add to 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 following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plan. b. Rehabilitation and conservation activities on a structure must be carried out 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 and the City. C. The expansion of public improvements, facilities and utilities. d. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. The Agency shall properties which, in feasible. not assist in the rehabilitation or conservation of its opinion, are not economically and/or structurally \lAOUINTA\FDPL N\SECT-5 0 2. (521) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved any standard structure or building which can be rehabilitated to a location within or outside the Project Area owned by the Agency. K. (522) Property Disposition and Development (523) Real Property Disposition and Development a. (524) 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. Before any interest in real property of the Agency acquired in whole or in part, directly or indirectly with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council and Agency Board after public hearing. Except as permitted by law, no real or personal property owned by Alk® 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, unless the Agency determines that such lesser consideration is necessary to effectuate the purposes of the Plan. rE 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 redevelopment 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 amount less than fair market value. All purchasers or lessees of property shall be obligated to use the property for the purposes designated in this Plan, to begin and complete redevelopment 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 development in the Project Area, the Agency shall insure 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. \L40UINTA\RORLAN\SECT 5 10 All development, whether public or private, must conform to this AVA 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; and must receive the approval of all other appropriate public agencies. b. (525) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning 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. The Agency shall reserve such powers and controls in Disposition and Development agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that redevelopment is carried out pursuant to this Plan. All property in the Project Area is hereby subject to the restriction that there shall be no 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 nonsegregation clauses as are required by law. C. (526) Development of Publicly Owned Improvements To the extent now or hereafter permitted by law, the Agency, with the consent of the City Council, is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or outside the Project Area for itself or for any public body or entity to the extent that such improvement would be of benefit to the Project Area. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures \L QUINTH\ROPL N\SECT-5 11 or other improvements (within or outside the Project Area) to the extent permitted by law. 2. (527) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. L. (528) Provision for Low and Moderate Income Housing 1. (529) Definition of Terms The terms "affordable rent," 'replacement dwelling unit," "persons and families of low or moderate income" 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. (530) Authority Generally The Agency may, inside or outside the Project Area, acquire land, donate land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. 3. (531) Replacement Housing Whenever dwelling units housing persons and families of low or moderate ® income, as defined by the Redevelopment Law, are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the City in accordance with all of the provisions of Section 33413 and 33413.5 of the Redevelopment Law, and as otherwise required by law. 4. (532) New or Rehabilitated Dwelling Units Developed Within the Project Area Pursuant to Section 33413 of the Redevelopment Law at least thirty percent (30%) of all new or rehabilitated dwelling units developed within the Project Area by the Agency shall be available at affordable housing costs for persons and families of low and moderate income; of such thirty percent (30%), not less than fifty percent (50%) thereof shall be available to and occupied by very low income households. At least fifteen percent (15%) off all new or rehabilitated units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing costs for persons and families of low and moderate income; and of such fifteen percent (15%), not less than forty percent (40%) thereof shall be available for very low income households. The percentage requirements set forth in this Section shall apply ® independently of the requirements of Section 531 and in the aggregate to the supply of housing to be made available pursuant to this Section and MQUINTN\ROPL N\SECTS 12 not to each individual case of rehabilitation, development or construction of dwelling units. 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 and moderate income displaced by a redevelopment 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. (533) Duration of Dwelling Unit Availability The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 531 and 532 of this Plan shall remain for persons and families of low and moderate income and very low income households, respectively, for not less than the period set forth in Section 609 of this Plan in relation to residential uses. 6. (534) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a redevelopment 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. 7. (535) Increased and Improved Supply Pursuant to Section 33334.2 of the Redevelopment Law, not less than 20 percent of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2) of this Plan shall be used by the Agency for the purposes of increasing and improving the City's supply of low and moderate income housing available at affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the Health & Safety Code, and very low income households, as defined in Section 50105 of the Health & Safety Code, unless one or more of the following findings are made annually by resolution: (1) that no need exists in the City to improve or increase the supply of low and moderate income housing in a manner which would benefit the Project Area and that this finding is consistent with the housing element of the City's General Plan; or (2) that some stated percentage less than 20 percent of the taxes which are allocated to the Agency pursuant to Section 702(3) of this Plan is sufficient to meet such housing need of the community and that this finding is consistent with the housing element of the City's General Plan; or (3) that a substantial effort to meet low and moderate income housing needs in the City is being made and that this effort, including the obligation of funds currently available for the benefit of the City from the state, local, and federal sources for low and 1 moderate income housing alone or in combination with the taxes allocated ® under Section 33334.2 of the Redevelopment Law, is equivalent in impact to the funds otherwise required to be set aside pursuant to said Section. \"UINTA\RDPL N\SECT-5 13 ® In carrying out the purposes of Section 33334.2 of the Redevelopment Law, the Agency may exercise any or all of its powers including, but not limited to, the following: 1. Acquire land or building sites; 2. Improve land or building sites with on -site or off -site improvements; 3. Donate land to private or public persons or entities; 4. Construct buildings or structures; 5. Acquire buildings or structures; 6. Rehabilitate buildings or structures; 7. Provide subsidies to or for the benefit of persons or families of very low, low or moderate income; and 8. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 531 above. These funds may ® be used inside or outside the Project Area provided, however, that funds may be used outside the Project Area only if findings of benefit to the Project Area are made as required by Section 33334.2 of the Redevelopment Law. The funds for this purpose shall be held in a separate low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. \uQUINTA\RDPL N\SECT-5 14 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA A. (601) Map and Uses Permitted 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 City of La Quinta General Plan. Land uses set forth in this Plan shall be those permitted by the City of La Quinta General Plan may be revised from time to time upon approval by Resolution of the governing board of the Agency, provided, however, that all such uses shall be consistent with the City of La Quinta General Plan. B. (602) Major Land Use Major land uses in the Project Area include: Residential, Commercial, and Public. The areas shown on the map may be used for any of the various levels of uses specified for or permitted within such areas of the General Plans and local codes and ordinances. C. (603) Public Uses 1. (604) Public Street Layout Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Map. 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 Fred Waring Avenue, Miles Avenue, Highway 111, Westward Ho Drive, Avenue 48, Avenue 50, Washington Street Adams Street, Dune Palms Road, and Jefferson Street. The Project Area also includes many local collector streets. 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 public streets, alleys and 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 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. 2. (605) Other Public Quasi -Public and Open Space Uses Both within and where appropriate outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, quasi -public, institutional, or non profit uses, including schools, community center, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, and educational, fraternal, philanthropic and charitable institutions or other \LAOUINTA\RUPLAN\SE0T6-7 15 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. D. (606) Conforming Properties The Agency may, at 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 a participation agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. A certificate of conformance to this effect may be used by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or 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. E. (607) Nonconforming Uses 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 is existing of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The Agency may authorize additions, alterations, repairs or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, and in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and 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 shall conform to all applicable City codes. 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 the Plan except in conformance with the provisions of this Plan. The land use controls of this Plan shall apply for a period of forty (40) years for uses other than residential uses. For residential uses, the land use controls of this Plan shall apply for a period of twenty (20) years with respect to all of the Project Area. The type, size, height, number and use of buildings within the Project Area will be controlled by applicable City planning and zoning ordinances consistent with the General Plan, and as provided in Section 601 of this Plan. \LADUINTA\RDFL N\SECT6-7 16 ® 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 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 redevelopment activities in the Project Area. 2. (611) Rehabilitation Any existing structures 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 Buildings and Dwelling Units The total number of buildings in the Project Area shall be regulated by the City General Plan. The Project Area currently includes approximately 608 dwelling units. 4. (613) Open Spaces and Landscaping ® 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 City of La Quinta General Plan, and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with City standards. 5. (614) Limitations on Type Size and Height of Buildings Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by the applicable federal, state and local statutes, ordinances and regulations. 6. (615) Sipns All signs shall conform to City requirements. Design of all proposed new signs shall be submitted prior to installation to the Agency and/or City for review and approval pursuant to the procedures 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. qP \L QUINTA\RDPLWSECT67 17 8. (617) Incompatible Uses Except as permitted by the City, no use or structure which is by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. 9. (618) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, sex, marital status, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer use, occupancy, tenure, or enjoyment of property in the Project Area. 10. (619) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the appropriate City body, and, if necessary for purposes of this Plan, the Agency. 11. (620) Minor Variations 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 that: a. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the Plan. b. There are exceptional circumstances or conditions applicable to the 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 the Plan. 11 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 the Plan. Any such variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. \UQUINTF\FDPL N\SECTS-7 18 E H. (621) Design for Development Within the limits, restrictions, and controls established in the 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, traffic access, and other development and design controls necessary for proper 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 and architectural, landscape and site plans submitted to and approved in writing by the Agency. Additionally, in the case of property which is the subject of a Disposition and Development or 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. (622) Building Permits Any building permit that is issued for the 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. 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. \"UINTA\RDP"N\SECTS-] 19 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance this Plan with assistance from local sources, the State of California and/or the Federal Government, property tax increments, 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, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increments or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment 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 assistances shall be at terms established by an agreement between the Agency, City and/or other public agency. As available, gas tax funds from the State of California and the County of Riverside may be used for the street system. The Agency may issue bonds and expend their proceeds to carry out the Plan. The Agency is authorized to issue bonds if 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 of the Agency as it becomes due and payable. The Agency is authorized to obtain advances, borrow funds and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. B. (702) Tax Increments All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State of California, County of Riverside, City of La Quinta, and district or other public corporation (hereinafter called "taxing agencies") after the effective date of the ordinance of the City approving this Plan, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the 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 such ordinance but to which such territory has been annexed or otherwise included after such \L QUINTA\FOPL N\SECT8I 20 effective date, the assessment roll of the County of Riverside last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date); and 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 bonds, loans, moneys advanced to, or indebtedness (whether funded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, 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 agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project Areas shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. 3. That portion of tax revenues allocated to the Agency pursuant to paragraph (2) above which are attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency which levy occurs after the tax year in which the ordinance adopting this Plan becomes effective shall be allocated to such affected taxing agency to the extent that the affected taxing agency has elected in the manner required by law to receive such allocation. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Plan. 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 shall not exceed $400 million dollars, except by amendment of this Plan. Such limitation is exclusive of Any payments to taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan; 2. Any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Housing Fund as a result of such payments to taxing agencies. No loan, advance of indebtedness to be repaid from such allocation of taxes established or incurred by the Agency to finance in whole or in part the Plan shall be established or incurred after thirty (30) years following the date of adoption of the ordinance approving and adopting this Plan. Such loan, advance or \L QUINTA\RDPI N\SECT6-7 21 Li indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only be amendment of this Plan. C. (703) Agency Bonds The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementations activities . Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, 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 funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed $100 million adjusted annually in accordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, without an amendment of this Plan. Such limitation is exclusive of (1) any payments to the taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan and (2) any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Income Housing Fund as a result of such payments to taxing agencies. D. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal Government, the State of California, 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. E. (705) Rehabilitation Loans. Grants and Rebates The Agency and the City may commit funds from any source to programs of residential and commercial rehabilitation 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 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. \L QUINTA\FDPIAN\SEQT6-T 22 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 actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the reoccurrence of spread in the area of conditions causing blight. Actions by the City may include, but shall not be limited 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 considered to require the cost of such abandonment, removal, and relocation be borne by others than those legally required to bear such costs. 2. Institutions and completion of proceedings necessary for changes and improvements in publicly -owned 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 carried 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 their proper development and use. 5. Provisions for administration/enforcement of this Plan by the City after 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 the Plan. 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 or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions, or 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, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for 40 years from the effective date of adoption of this Plan by the City Council; provided, however, that the \LAONINTA\ROPt N\SECT010 23 E Agency may issue bonds and incur obligations pursuant to this Plan which extends beyond the termination date, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations, as determined by the City Council. 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. \L QUINTA\REPLAN\SECTS 10 24 ft 1F ?f 51 t - s e [ I ' • rrrin rf�� t>'VaN Y 1. 1. I I I III_) I .! I I � EN • I �. �, 1� -�� w rT 5 ,r :/,• '" y 6 (f�i� r cO tROEI ; 'p.rL I . tf. DETAIL�A q74 Ir C 1' l I 1 � I � 1 1• f � n PROJECT 1Rf. CONI11Nf ' a�. l•1161CRE5, O% MJRf OR lC5$ ! _ . 1 PRo+E<neu. ¢unwRr Iq ---- CITY .OIJM .Mj EXIST, PROJECT.NE1 NOA U IMHO.RY CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA IMOR 2 JUNE, ,>38e EXHIBIT A EXHIBIT B LA QUINTA REDEVELOPMENT PROJECT AREA 2 THE BOUNDARY OF THE REDEVELOPMENT PROJECT AREA 2 IS ILLUSTRATED ON THE MAP ATTACHED HERETO. THE LEGAL DESCRIPTION OF THE BOUNDARY OF SAID AREA IS DESCRIBED AS FOLLOWS: ALL THAT AREA IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF SECTIONS 19,20,28,29,30,31 AND 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST AND OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32, SAID POINT BEING AT THE INTERSECTION OF THE CENTERLINE OF JEFFERSON STREET AND THE CENTERLINE OF AVENUE 50 AS SHOWN ON PARCEL MAP NO. 20469, PARCEL MAP BOOK 140, PAGES 95 THROUGH 100 INCLUSIVE, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNAR- DINO BASE AND MERIDIAN AND THE POINT OF' BEGINNING OF :LA QUINTA REDEVELOPMENT PROJECT OF THE LA QUINTA REDEVELOPMENT AGENCY, SAID CITY OF LA QUINTA; 1. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 32 AND SAID CENTERLINE 0F 5 N89 2. THENCE, N8951`'05" W,2620.300, 51FEETWT026THE4SOUTHEAST OF SAID SECTION 31; CORNER 3. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 31 AND CONTINU- ING ALONG SAID CENTERLINE OF AVENUE 50, N89 58'39"W, 2656.69 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 31 AS SHOWN ON TRACT NO. 3448, MAP BOOK 58, PAGES 20 AND 21, RECORDS OF SAID COUNTY; 4. THENCE, CONTINUING ALONG SAID SOUTH LINE OF SECTION 31 AND SAID CENTERLINE OF AVENUE 50, S89 59'54"W, 25.00 FEET TO THE CENTERLINE OF WASHINGTON STREET; 5. THENCE, ALONG SAID CENTERLINE OF WASHINGT'ON STREET, N00 00'06"W, 1293.71 FEET TO THE BEGINNING OF' A CURVE CONCAVE WESTERLY 6. AND HAVING A RADIUS OF 2000.00 FEET; THENCE, NORTHERLY ALONG SAID CARVE THROUGH A CENTRAL ANGLE. OF 13 28'00" AN ARC DISTANCE OF 470.08 FEET; 7. THENCE, N13 26'06"W, 92.18 FEET TO THE. BEGINNING OF A CURVE CONCAVE EASTERLY 8. AND HAVING A RADIUS OF 1989.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 40'00" AN'ARC DISTANCE OF 648.01 FEET; 9. THENCE, N05 11'54"E, 109.08 FEET TO AN ANGLE POINT IN SAID CENTERLINE OF WASHINGTON STREET AS SHOWN ON TRACT NO. 3455, MAP BOOK 58, PAGES 30 10. AND 31, RECORDS OF SAID COUNTY; THENCE, CONTINUING ALONG SAID CENTERLINE OF WASHINGTON STREET, N06 I1'54"E, 715.99 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 4500.00 FEET; 1 11. ® THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 25'00" AN ARC DISTANCE OF 503.96 FEET TO A POINT ON A LINE PARALLEL WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 31 AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469; 12. THENCE, ALONG SAID PARALLEL LINE AND ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 13'06"W, 1469.67 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 31 AND THE CENTERLINE OF 48TH STREET AS SHOWN ON PARCEL MAP NO. 13975, PARCEL MAP BOOK 66, PAGES 26 AND 27, RECORDS OF SAID COUNTY; 13. THENCE, ALONG SAID NORTH LINE OF SECTION 31 AND SAID CENTERLINE OF 48TH STREET, S89 24112"W, 2692.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION 31' 14. THENCE, ALONG THE WEST LINE OF SAID SECTION 31, S00 51'09"E, 188.70 FEET TO THE SOUTHEAST CORNER OF ABOVE SAID SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST AS SHOWN ON TRACT NO. 3249, MAP BOOK 56, PAGES 35 AND 36, RECORDS OF SAID COUNTY; 15. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 25,N89 29'43"W, 2646.64 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 25 AND A POINT ON THE WESTERLY BOUNDARY OF SAID CITY OF LA QUINTA; THENCE, ALONG SAID WESTERLY BOUNDARY, N54 43'28"E, 4907.92 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE, NORTHWEST ONE -QUARTER OF ABOVE SAID SECTION 30, TOWNSHIP 5 ® SOUTH, RANGE 7 EAST AS SHOWN ON TRACT NO. 2117, MAP BOOK 40, PAGES 81,82 AND 83, RECORDS OF SAID COUNTY; 17. THENCE, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 30, N89 30'45"E, 1333.82 FEET TO THE CENTER OF SAID SECTION 30 AND THE CENTERLINE OF ABOVE SAID WASHINGTON STREET; 18. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE-OUARTER OF SECTION 30 AND SAID CENTERLINE OF WASHINGTON STREET, N00 21;:15:w, 2652.98 FEET TO THE NORTH ONE -QUARTER CORNER OF SAID `SECTION 30 AND THE SOUTH ONE -QUARTER CORNER OF ABOVE SAID SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 25, PAGE 89 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; THENCE, ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AND ALONG THE CENTERLINE OF WASHINGTON STREET, N00 19'30"14, 199.55 FEET TO A POINT ON THE CENTER- LINE OF STATE HIGHWAY 111, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL OF SAID CARVE TO SAID POINT BEARS N34 10'57"E; THENCE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE ?1 OF 26 47'06" AN ARC DISTANCE OF 1168.72 FEET; THENCE, N82 36'09"W, 364.57 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID CITY OF LA QUINTA; 22. THENCE, ALONG SAID WESTERLY BOUNDARY N26 11'00"E, 295.03 FEET TOP THE BEGINNINC OF A CURVE CONCAVE SOUTHEASTERLY AND 23. HAVING A RADIUS OF 300.00 FEET; THENCE, NORTHEASTEFL� ALONG SAID CURVE THROUGH A CENTRAL 2 ANGLE OF 62 44'26" AN ARC DISTANCE OF 328.51 FEET TO THE ® SOUTHERLY LINE OF THE COACHELLA VALLEY STORMWATER CHANNEL; 24. THENCE, ALONG SAID SOUTHERLY LINE AND CONTINUING ALONG SAID WESTERLY BOUNDARY, N88 55126"E, 261.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2000.00 FEET; 25. THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 00'42" AN ARC DISTANCE OF 803.26 FEET TO THE CENTER- LINE OF ABOVE SAID WASHINGTON STREET AND A POINT ON THE BOUNDARY OF SAID CITY OF LA QUINTA AS DESCRIBED IN ANNEXA- TION NO. 1 TO SAID CITY; THE FOLLOWING COURSES 26 THROUGH 60 INCLUSIVE ARE ALONG SAID BOUNDARY OF THE CITY OF LA QUINTA AS DESCRIBED IN SAID ANNEXATION NO. 1. 26. THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 19'30"W, 22.50 FEET TO THE BEGINNING OF A CURVE. CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2000.00 FEET; 27. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 00'00" AN ARC DISTANCE OF 1570.80 FEET; 28. THENCE, N45 19'30"W, 366.56 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MILES AVENUE; 29. THENCE, CONTINUING N45 19'30"W, 1780.98 FEET TO THE BEGIN- NING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; 30. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL, ANGLE OF 44 04'57" AN ARC DISTANCE OF 1538.77 FEET '1'O THE ® NORTH LINE OF SAID SECTION 19, SAID NORTH LINE ALSO BEING THE CENTERLINE OF FRED WARING DRIVE; THENCE, ALONG SAID NORTH LINE AND SAID CENTERLINE, N89 40'49"E, 5347.98 FEET TO THE NORTHWEST CORNER OF ABOVE SAID SECTION 20; -32?. THENCE, ALONG THE NORTH LINE OF SAID SECTION 20 AND SAID CENTERLINE, N89 40'49"F., 5306.32 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20 AND THE CENTERLINE OF' JEFFERSON STREET; 33. THENCE, ALONG THE EAST LINE OF SAID SECTION 20 AND SAID CENTERLINE OF JEFFERSON STREET, SOO 19-11"E, 2652.65 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF MILES AVENUE; 34. THENCE, ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 20 AND SAID CENTERLINE OF MILES AVENUE, S89 40'49"w, 2654.00 FEET TO THE CENTER OF SAID SECTION 20 AND THE CENTERLINE OF DUNE PALMS ROAD; 35. THENCE, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SECTION 20 AND SAID CENTERLINE OF DUNE PALMS ROAD, S00 19'11"E, 2644.00 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE. OF 46TH AVENUE; 36. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 20 AND SAID CENTERLINE OF 46TH AVENUE, N89 40'49"E, 2654.00 FEET TO THE NORTHEAST CORNER OF ABOVE SAID SECTION 28 AND THE CENTERLINE OF JEFFERSON STREET; ® 37. THENCE, ALONG THE NORTH LINE OF SAID SECTION 28 AND THE 3 CENTERLINE OF 46TH AVENUE, N89 40149"E, 1315.52 FEET TO THE NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28; 38. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 28, SOO 13'45^W, 215.41 FEET TO THE NORTHERLY LINE OF ABOVE SAID COACHELL.A VALLEY STORMWATER CHANNEL; 39. THENCE, ALONG SAID NORTHERLY LINE, S44 36115"W, 530.60 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3000.00 FEET; 40. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF O1 55'00" AN ARC DISTANCE OF 100.36 FEET; 41. THENCE, SOO 13'45"W, 651.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID COACHELLA VALLEY STORMWATER CHANNEL, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND 1'.AVING A RADIUS OF 3500.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 42. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O1 51'27" AN ARC DISTANCE OF 113.47 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 3505, MAP BOOK 57, PAGES 7 AND 8, RECORDS OF SAID COUNTY; 43. THENCE, ALONG THE EASTERLY LINE OF SAID TRACT NO. 3505, S33 41'051-E, 120.00 FEET TO A POINT ON A CURVE. CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3620.00 FEET, A.. RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 44. THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ® ANGLE OF 00 40'40" AN ARC DISTANCE OF 42.82 FEET; 45. THENCE, S34 21'45"E, 212.90 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT NO. 3505; 46. THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3505, S71 23'42"W, 171.16 FEET; 47. THENCE, S55 41'15"W, 140.85 FEET; 48. THENCE, S63 05'45"W, 278.73 FEET; 49. THENCE, S82 32'25"W, 127.18 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 325.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS N89 42'04"E; 50. THENCE, SOUTHERLY ALONG SAID CURVE. THROUGH A CENTRAI. ANGLE OF 10 37'43" AN ARC DISTANCE OF 60.29 FEET; 51. THENCE, N89 29'14"W, 169.87 FEET; 52. THENCE, SOO 30'46"W, 20.00 FEET; 53. THENCE, N89 29'14"W, 160.00 FEET TO THE EAST LINE OF ABOVE SAID SECTION 29 AND THE; CF.NTERLINI OF JEFFERSON STREET;5a. THENCE, ALONG SAID EAST LINE. OF SECTION 29 AND SAID CENTER- LINE OF JEFFERSON STREET, SOO 30'46"W, 659.08 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 29; 55. THENCE, ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 29 AND ALONG THE CENTERLINE OF STATE HIGHWAY 56. THENCE., SOO 30'40"W, 1371.54 FEET; 57. THENCE, N89 02'35"W, 56.84 FEET; 58. THENCE, S45 23'25"W, 479.28 FEET; 59. THENCE, S89 52'06"E, 1152.45 FEET TO THE EAST LINE OF SAID 4 SECTION 29 AND THE CENTERLINE OF JEFFERSON STREET; ® 60. THENCE, ALONG SAID EAST LINE OF SAID SECTION 29 AND SAID CENTERLINE OF JEFFERSON STREET, S00 35125"W, 1049.62 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 29 AND THE END OF ANNEXATION NO. 1 OF SAID CITY OF LA QUINTA; 61. THENCE, ALONG THE ORIGINAL EASTERN BOUNDARY OF THE CITY OF LA QUINTA AND ALONG THE EAST LINE OF ABOVE SAID SECTION 32 AND ALONG SAID CENTERLINE OF JEFFERSON STREET AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469, SOO 03'12"E, 2664.05 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 32; 62. THENCE, S00 02'48"E, 2587.48 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32 AND THE POINT OF BEGINNING. I CONTAINING AN AREA OF 3116 ACRES, MORE OR LESS. 5 EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel $3,530,000 La Quinta Evacuation Channel 1,200,000 General Storm Drains - various locations 9 000,000 13,730,000 WATER SYSTEM Main Line Distribution Center 1,585,000 SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) 125,000 Main Lines (to lift stations) 1,585,000 1,710,000 BRIDGES Washington Street at Whitewater 3,240,000 Jefferson Street at Whitewater 4,500,000 Avenue 50 at La Quinta Channel 4,500,000 Adams at Whitewater 4,500,000 Avenue 48 at La Quinta Channel 4,500,000 ®Dune Palms at Whitewater 4,500 000 25,740,000 STREET IMPROVEMENTS East/West Streets Fred Waring Drive Westward Ho Drive Highway 111 Avenue 48 Avenue 50 North/South Streets Washington Street Adams Street Dune Palms Road Jefferson Street 10,804,000 RAISED MEDIANS Highway 111 1,245,000 Washington Street 1,500,000 Jefferson Street 1,500,000 TRANSIT TURNOUTS 14 Locations 140,000 \L OUINTA\HORAN\[XHIBITC E J !,, TRAFFIC SIGNALS Route 111 at Washington 60,000 Route 111 at Adams 100,000 Route 111 at Dune Palms 100,000 Route 111 at Jefferson 60,000 Washington at Fred Waring 100,000 Washington at Miles 100,000 Jefferson at Fred Waring 100,000 Jefferson at Miles 100,000 Jefferson at Avenue 48 100,000 Jefferson at Avenue 50 100,000 COMMUNITY DEVELOPMENT PROGRAMS Provide commercial development funds Provide funds for demolition of dilapidated structures Provide funds for planning services to conduct design/implementation program studies COMMUNITY FACILITIES Develop new fire department facility and related equipment to service the Project Area Develop new parks to service Project Area residents TOTAL HOUSING PROGRAMS All housing programs will be funded by the 20% housing set aside program. Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program 920,000 10,000,000 500,000 1,000,000 2,500,000 5,000,00 0 $77,874,000 Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta. \LACUINTA\ADPI N\E%HI01TC New Housing Affordability is Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. 11 Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Relocation Housing Provide Relocation Housing Assistance when necessary. \L QUINTA\RDFL N\E HIBITC PRELIMINARY REPORT FOR THE PROPOSED CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Prepared for: La Quinta Redevelopment Agency P.O. Box 1504 78-105 Calle Estado La Quinta, California 92253 619/564-2246 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 JUNE,1988 11 INTRODUCTION ® The La Quinta Redevelopment Agency ("Agency") is taking steps leading to the adoption of the Agency's second Redevelopment Plan. The Redevelopment Plan ("Plan") would: (1) establish a 3,116 acre Redevelopment Project Area entitled Project Area No. 2 ("Project Area") as outlined in Figure 2, and (2) establish the legal and financial mechanisms to address the blighting conditions present in the Project Area. The Plan does not initiate any changes in land use nor does it directly implement any particular private development proposal. Instead, it is designed to correct public infrastructure and facility deficiencies, to promote property rehabilitation and economic development, and to facilitate redevelopment/revitalization activities. The Plan would be implemented over a 40 year period. Pursuant to the Community Redevelopment Law ("Health and Safety Code") this ® document is the Preliminary Report as required by Section 33344.5 of the Health and Safety Code. This Report must be submitted to each taxing agency that levies taxes in 11 the Project Area and presents the following: A. The reasons for selecting the Project Area. B. A description of the existing physical, social, and economic conditions in the Project Area. C. A preliminary assessment of the proposed method of financing the redevelopment of the Project Area, including an assessment of the economic feasibility of the redevelopment project and the reasons for including a provision for the division of taxes pursuant to Section 33670 of the Health and Safety Code. D. A description of the specific project or projects now proposed by the Agency for the Project Area in sufficient detail and specificity to permit a fiscal review committee, if one is created, to review the potential impacts of the proposed Plan. E. A description of how the project or projects to be pursued by the Agency will improve or alleviate the conditions described in Sections A and B above. \IaquInta\pre Ifpl\Intro 1 SECTION A REASONS FOR SELECTING THE PROJECT AREA 49 The proposed Project Area includes 3,116 acres of commercial and residentially zoned property in the northern section of the City of La Quinta. Generally, the Project Area boundaries are Avenue 50 to the south, Fred Waring Drive (Avenue 44) to the north, Washington Street to the west and Jefferson Street to the east. The Project Area 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 1 11 and west of Washington Street; and property easterly of Jefferson Street and north of Highway 111. The City of La Quinta has experienced development dating back to the early 1920's. Development occurred at the base of the Santa Rosa Mountains in coves that: were ® protected from the severe desert winds and other hostile elements. Since the 1920's development has continued and moved north towards the proposed Project Area. Limited development has occurred in the Project Area, however, due to severe flooding conditions. The Project Area is part of a drainage basin through which run-off from the Santa Rosa Mountains flows. The lack of improved flood control facilities allows drainage waters to sheet -flow and flood many of the properties within the Project Area. Due to the amount of storm water flowing through the area, the cost of constructing flood control facilities to accommodate the peak flows is greater than the private sector acting alone can economically bear. \IaquInta\Pre Irpt\sect-a 2 11 The Project Area also suffers from other infrastructure deficiencies. Project Area streets are in various stages of improvement and are lacking in travel lanes, traffic signals, curbs, gutters and medians. The two major north -south arterials for both the Project Area and City, Washington and Jefferson Streets, cross the Coachella Valley Flood Control Channel. Jefferson Street crosses through rather than over the channel due to the lack of a, bridge. Jefferson Street is often closed during winter rains. The Washington Street bridge is substandard because of its width. The ultimate wlidth of Washington Street is two lanes in each diretion; the bridge can only accommodate two lanes. Various parcels throughout the Project Area are subdivided in a manner that limits development as permitted by the La Quinta General Plan. These parcels are either irregularly shaped, inadequately sized, or subdivided in deference to surrounding topographical features. The aforementioned conditions have limited development throughout the Project Area. Limited existing infrastructure improvements combined with the cost and scope of needed improvements require solutions that are beyond the capability of private enterprise acting alone to solve. Without redevelopment, the Project Area will continue to stagnate. Evidence of stagnation is apparent by reviewing development in adjoining communities that are not burdened by the deficiencies present in the Project Area. When the City of La Quinta incorporated in 1982, various studies were completed that identify and detail the extent of the infrastructure deficiencies. Flood control, traffic/circulation and utility system deficiencies are problems of major concern to the community. The City Council in a desire to resolve community problems is proposing to use redevelopment to address significant problems. To this end the boundaries of the is \ieamme\vrei„I\sac(-e 3 Project Area were selected. The primary reasons for selecting the proposed Project Area include: o The need to remedy, remove and prevent physical blight and economic obsolescence in the Project Area. o The need to expand the commercial and residential base of the community through assisting and promoting new and continuing private sector investment. o The need to encourage the cooperation and participation of residents, businesses, business persons, public agencies and community organizations in the redevelopment of the Project Area. ® o The need to address environmental deficiencies including substandard vehicular circulation systems, inadequate water service, sewer and storm drainage systems, and other similar public improvements. o The need to improve and/or provide utility services such as gas, electric and telephone services where such deficiencies are adversely affecting the Project Area. o The existence of 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. \IaqulnIa\prelrpl\secba 4 o The need to replan, redesign and redevelop areas within the Project Area ® that are economically stagnating and/or improperly utilized. 11 o The need to recycle and/or develop underutilized parcels to accommodate higher and better economic uses thereby improving the financial viability of the community as a whole. o The desire to achieve an environment reflecting a high level of concern for contemporary urban design principles including architecture and landscaping. o The need to promote the creation of new employment opportunities. o The need to provide opportunities for the expansion of the community's supply of housing (on a citywide basis) including housing opportunities for low and moderate income households. o The need to plan and implement new development and infrastructure that will result in improved service to the Project Area. The area included in the proposed Project Area contains pervasive detrimental physical characteristics which require the tools provided by the Community Redevelopment Law to remedy. Private enterprise acting alone has not and cannot remedy these conditions. Without the provisions and tools provided through adopting the Plan, it is foreseen that the existing blighting conditions will limit the future economic viability of the Project Area. \laquinta\PreirPt\sect-a 5 If problem conditions are not resolved through redevelopment, the problems will 0 continue to impact the quality of life and economic environment of the City of La Quinta. The authority set forth in the Community Redevelopment Law would enable the implementation of redevelopment in the Project Area by: o Providing tools and mechanisms to assist existing property owners and tenants to upgrade their deteriorating structures and properties. o Addressing the current economic stagnation by providing funding to eliminate blighting conditions that constrain development. o Addressing the problem of inadequate, insufficient and deteriorated infrastructure. The Agency in partnership with private enterprise would assist in funding infrastructure improvements to correct existing problems and suppress further deterioration of the flood control and circulation systems, sewers, waterlines and utilities. o Arresting economic blight to ensure that properties in the Project: Area attain their true market potential. \leq prole\p,.I,pt\sect-a 6 SECTION B ® A DESCRIPTION OF THE PHYSICAL, ECONOMIC AND SOCIAL CONDITIONS IN THE PROJECT AREA Regional Location The City of La Quinta is located on the west side of the Coachella Valley in Riverside County, California. The Valley comprises one segment of the Colorado Desert in southeastern California. The City is bordered to the south and west by the Santa Rosa Mountains, and to the north and east by agricultural areas and the communities of Indio, Coachella, and Thermal. Palm Springs is located approximately 15 miles northwest of La Quinta (see Figure 1). Project Area Characteristics The proposed Project Area is located in the northern portion of the City, north of Avenue ® 50; at 3,116 acres in size the Project Area encompasses 21.4 percent of the total acreage of the City (14,528 acres). The Project Area is urbanized in terms of Section El 33320.1 of the Health and Safety Code. The definition of urbanized includes privately owned property that has been developed, areas that are part of recorded or tentative subdivision maps and areas that are serviced by utilities. Additionally, properties within the Project Area that are privately owned are either: (1) an integral part of an area developed for urban uses; (2) include lots which are subdivided in disregard to the contours, topography or physical characteristics of the ground and surrounding conditions; or (3) are subdivided into parcels of inadequate size and shape for proper usefulness and development. \1agWnla\p1e11pf\w1 b 7 RNERSIDE DESERT HOT SPRINGS PALM SFkqINGS LA OU" CITY OF LA QUINTA 'REGIONAL LOCATION O 2 4 S MILES 14 mFA FIGURE, I i :FRED-WARING DRIVE # Fn M IILE'S }_X I 1 � °SAVE 90JECi AREA f.ONiallvl 5,II6 nEnE 51 MORE OR LE 55 lJ L 1:7__ i p EI UE 46___� — ,i-I- 1 � W Cc Hwy m �.� _AVENUE 46. E W f �¢ { N t - AVENUE` M 9 nCeRUS 1 l W•. I • 1 AVENUE 50 ry . PNOJECT GREf, OCUNMRT —'-- CITY 8OIIN6ART EXIST. PROJECTAREA NO, I 000NOARr CITY OF LA QU11VTA REDEVELOPMENT PROJECT AREA NO. 2 FIGURE 2 Blighting Conditions Within The Project Area The Community Redevelopment Law identifies two categories which define blight: physical blight and economic blight (as set forth in Attachment A). The law also states that a blighted area is characterized by one or more specific conditions which cause a reduction of, or lack of proper utilization of the' area to such an extent that it constitutes a serious physical, social, or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise actinci alone. Blighting conditions present in the Project Area are economic in nature. A combination of the existing topography, irregularly shaped and sized parcels, deficient public infrastructure and facilities and the existence of economic maladjustment through the inability of property owners to bear special assessments has limited development in the area. 11911 The following narrative summarizes the blighting conditions present in the Project Area. This data has been compiled from an exhaustive review of prior studies and reports, interviews with City and Riverside County staff, and field surveys conducted in April, 1988, by David Meyer of RSG, Inc. RSG has conducted numerous project area field surveys and its principals have over 30 years of cumulative municipal government experience in redevelopment and planning services. 11 Economic Blight Properties within the Project Area suffer from economic dislocation, deterioration or disuse due to: irregularly formed or shaped lots, lots subdivided in disregard to the contours, topography or physical characteristics of the ground and surrounding conditions, and inadequate public improvements and facilities. \legWnte\prebpt\"d b 10 Irregularly Formed or Shaped Lots ® As a result of the location of the Coachella Valley Stormwater Channel and the La Ouinta Evacuation Channel certain parcels of land have assumed shapes and sizes that do not easily lend themselves to the type of development as designated by the adopted General Plan. These parcels were subdivided prior to the adoption of the General Plan, and are either too small or are configured in a manner that will not accommodate development at the densities permitted by the General Plan. Through redevelopment, the Agency may reparcelize these properties to facilitate permitted development. The northwest corner of the Project Area includes the Highway 111 commercial corridor and is adjacent to the rapidly developing community of Indian Wells. Commercial development in this corridor is moving east and as such, is increasing the desirability of developing the property located in this portion of the Project Area. The Santa Rosa i ® Mountains also traverse this area and due to their location, impose severe topographical constraints on the developable parcels in this area. The topographical constraints result in odd -shaped parcels of varying sizes. Agency assistance through redevelopment would benefit these properties by reconfiguring properties into developable parcels. Various parcels throughout the Project Area are also inadequately sized to accommodate necessary drainage sumps to address the flooding hazards. Individual developments must provide on -site sumps to handle the additional surface run-off created by development. The size and shape of many properties do not lend themselves to this development requirement and as such can only be minimally developed. Lots Laid Out in Disregard to Physical Characteristics Portions of the Project Area include lots laid out in disregard of topographical and site 0 physical features which limit access and effective private use. Physical barriers such as l the Coachella Valley Stormwater Channel, the La Quinta Evacuation Channel and the Santa Rosa Mountains establish physical constraints that result in parcels of irregular form and shape. Early subdivisions were subdivided in disregard of these features resulting in parcels with limited contemporary development potential. Inadequate Public Improvements In order for development to occur in the Project Area the drainage, circulation and utility problems must be resolved. The scope of the needed improvements is so extensive that it transcends the ability of individual property owners to adequately address the problems. An entity of more regional responsibility must become involved in the problem solving process. Storm Drain System The flood control/storm drain system in the Project Area has structural deficiencies and does not have the capacity to handle flood water flows. A major portion of the Project Area is subject to flooding because the major drainage channels are unimproved. These conditions are not only hazardous to existing development but also impact the economic feasibility of developing underutilized properties. To date the City and private enterprise have not been able to construct the needed drainage infrastructure improvements due to the magnitude of the improvements and the limited financial resources for capital facilities construction. A primary objective of the redevelopment project is the improvement of the drainage system and elimination of flood hazards. Two key elements to the completion of such a system are the improvement of the La Quinta Evacuation Channel and the Coachella Valley Stormwater Channel. Both of these drainage courses accept storm run-off \leq.1nt.\p,.1,pt\e t.b 12 initiated in the area south of the Project Area at the base of the Santa Rosa Mountains. ® The water then flows in a natural northerly direction through the Project Area. The aforementioned facilities are unimproved channels as they traverse the Project Area. During periods of heavy rain, they often overflow and flood an extensive area. In addition to the major storm drain channels that need improvement, a network of storm drains are needed to channel surface run-off from private property and deposit it into the channels. In short, a comprehensive flood control/storm drain system needs to be constructed in the Project Area. Street/Circulation System Improvements According to the City of La Quinta City Engineer, the circulation system throughout the Project Area is deteriorated, substandard, congested and needs to be upgraded and improved to service the existing and growing transportation needs of the community. To ® date, the City has been unable to generate sufficient revenue to both maintain and improve the street network. Due to scope and area -wide nature of the improvements, traditional financing vehicles cannot successfully generate sufficient revenue to fund all of the needed improvements. Washington and Jefferson Streets are the major north -south arterial links from Interstate 10 to both the Project Area and the City. Both streets have only two travel lanes and vary in degree of improvements as they traverse the Project Area. Bridge improvements are needed for both streets at the Coachella Valley Stormwater Channel crossing to provide safe access during the winter season; currently Jefferson Street travels through the Channel and is blocked when the channel is flooded. Further, both streets need to be widened to two travel lanes in each direction with turn pockets, landscaped center medians, curbs, gutters and sidewalks. \lapulnte\prelrpt\sect-b 13 0 Other streets that need improvement include Fred Waring Drive, Miles Avenue, Adams Street and Dune Palms Road. All of these streets need to be widened and improved with curbs, gutters, storm drains, sidewalks, medians and turn lanes. Adams Street and Dune Palms Road also need bridges over the Coachella Valley Stormwater Channel. Intersection and traffic signal improvements are needed throughout the Project Area. Major intersections that are deficient include Washington Street at Fred Waring Drive, Miles Avenue and Highway 111. Traffic signals and improvements are needed at the following locations: Highway 111 at Washington Street, Jefferson Street, Adams Street and Dune Palms Road; Jefferson Street at Fred Waring Drive, Miles Avenue, future Avenue 48 and Avenue 50. Other Infrastructure Improvements ® Improvements to the Project Area's utility system are needed if development is to occur. Water mains must be constructed from well sites to the proposed users. Wastewater lines and a lift station must be constructed to service the area. Natural gas mains must be installed, and an electrical sub -station must be constructed as well as a distribution main line network. Inadequate Public Facilities Schools, parks libraries and the other government facilities such as a fire station will be required to handle demand generated by the development of the Project Area to General Plan densities. Due to the limited potential for growth in local governmental funding levels combined with explosive demands for increased public facilities and services, the City cannot fund facility improvements. \ e,uInte\preirpl\sect. b 14 i Inability of Property Owners to Bear Special Assessments ® The City has explored the possibility of special assessments to fund the needed improvements in the Project Area. Due to the extent of the improvement needs combined with their associated cost, special assessments would not generate sufficient revenue to construct the needed improvements. Further, similar improvements in Redevelopment Project Area No. 1 are being funded with tax increment financing. The City does not want to create an inequitable situation wherein the owners of property within the subject Project Area would be confronted with a cost not imposed on their neighbors. The disparity in financing would cause additional economic maladjustment in the subject Project Area. Finally, certain properties in the Project Area have been offered for sale for extended periods of time with no viable offers being submitted. The most prevalent disparity can ® be observed by driving on Highway 111. The communities to the east and west of the Project Area are developed with thriving commercial businesses: The Project Area along _ ;I J Highway 111 is significantly underdeveloped primarily due to the infrastructure deficiencies. Land Use, Social and Economic Conditions Land Use Data Table 1 presents a summary of the General Plan Land Use and Zoning Designations, and Existing Land Uses in the Project Area. Data presented under the category of "General Plan Land Use Designations" has been compiled from the 1985 General Plan Land Use Map as amended through June 17, 1986. The City is currently reviewing the existing General Plan and intends to revise the document in the near future. \lagvinta\prebpt\sect-b 15 TABLE 1 ® LAND USE SUMMARY GENERAL PLAN LAND USE DESIGNATIONS Classification ACRES % of Total 1. Residential a. Low Density b. 1,512 48.5% Medium Density 430 13.8%° C. High Density 120 3 9% 2. Commercial a. General Commercial 45 1.4% b. Mixed Commercial 650 20.9% 3. Public Owned a. Streets b. Flood Control Channel 203 156 6.5% 5.0% 3,116 100.0% ZONING DESIGNATIONS Classification ACRES % of Total 01. Agricultural 97 31% U 2. R-1 3. R-2 1,120 35.9% 4. R-3 1 ,124 3% 5. R-T 110 3.1 .5% 6. CPS 30 1.0% 7. W-1 (Flood Control) 152 % 8. Streets 203 4.9% .5% TOTAL 3,116 . 100.0%0 \lequlnta\prelrpt\sect -b 16 EXISTING LAND USE ® Classification ACRES % of Total 1. Agricultural 177 5 7% 2. Residential (Low Density)* 466 15.0% 3. Residential (Medium Density)* 920 29.5% 4. Commercial* 40 1.3% 5. Public 40 1.3% 6. Flood Control 152 4.9% 7. Streets 203 6.5% 8. Vacant 1,115 35.8% TOTAL 3,116 100.0% *Include Tentative & Final Maps Sources: City of La Quinta General Plan, 1985 as amended through June 17, 1986 City of La Quinta Zoning Map, 1982 as amended through October 15, 1987 RSG Land Use Survey; 1988 Social and Economic Data Tables 2 through 5 present demographic information which was derived from the ® Housing Element of the La Quinta General Plan (November, 1985). No Project Area specific data is available; as such the demographic information is for the entire City. Year TABLE 2 POPULATION SINCE INCORPORATION 1982-1984 Population % of Increase 1982 4,232* N/A 1983 5,400 27.5% 1984 6,325 17.1 % 1985 6,456 2.0% 1986 7,170 11.C1% 1987 8,100 12.9% *Estimate based on population growth between 1980-1983. Source: California Department of Finance Coachella Valley Association of Governments \mgwmA\nretrai\se��.e 17 TABLE 3 Am AGE CHARACTERISTIC qP OF THE POPULATION 1970-1980 AGE RANGE 1970 1980 Change 0-4 51 4.3% 5 - 19 236 19.8% 20 - 24 53 4.5% 25 - 54 379 31.8% 55 - 64 233 19.6% 65 - 74 185 15.5% 75+ 53 4.5% Total 1,190 100.0% Median Age 39.0% Source: 1970, 1980 U.S. Census 388 11.7% 660.7% 734 22.0% 211.0% 345 10.4% 550.9% 1,346 40.4% 255.1 % 274 8.2% 17.5% 195 5.9% 5.4% 46 1.4% -13.2% 3,328 100.0% 179.6% 27.1 % TABLE 4 RACE AND ETHNICITY ® 1970-1980 RACE/ETHNICITY 1970 % 198a % American Indian N/A 35 1.0% Asian N/A - 21 0.6% Black 3 0.3 94 2.8% White 1,174 99.7 3,008 90.4% Other _ N/A - 15 0.5% TOTAL 1,190 100.0% 3,328 100.0% Hispanic 170 14.3 155 4.7% Source: 1970, 1980 U.S. Census The racial and ethnic characteristics of La Quinta have changed between 1970 and 1980. The proportion of persons reporting themselves as White has decreased by 12 percent and the proportion reporting themselves as Hispanic has decreased as well. The number and proportion of those reporting themselves as Black have increased. \laqulnla\prelrpt\sect-b 18 6❑ CI 11 Table 5 shows the income distribution of households in La Quinta. TABLE 5 FAMILY/HOUSEHOLD INCOME 1970-1980 INCOME 1970 1980 Riverside County Median $8,997 $16,037 La Quinta Median Families/Households Very Low Income Low Income Moderate Income Upper Income Total Families/Households Households Below Poverty Level $3,000 72 21.2% 46 13.6 60 17.7 161 _ 47.5 339 100.0% $19,681 295 24.7% 164 13.8 357 30.0 376 31.;i 1,192 100.0% 34 10.0% 83 6.5% Source: 1970 (extrapolation) and 1980 U.S. Census. 1970 figures are family income, while 1980 figures refer to household income. \lagvinta\prelrpl\sect-b 19 SECTION C PROPOSED METHOD OF FINANCING THE REDEVELOPMENT OF THE PROJECT AREA Redevelopment of the Project Area is proposed to be financed as follows: Financial assistance from the City, State of California and/or Federal Government; Property tax increments; Agency bonds; and Any other available and appropriate source. Financial Assistance from the City, State of California and/or the Federal Government ® The funds shall include loans and advances for planning, construction and operating capital for implementation until such time that sufficient tax increment is raised to repay loans and provide other means of operating capitol. As available, other funds such as gas tax funds and Community Development Block Grants may also be used to pay the costs of project implementation. The Agency and City will work together to pursue available grants and loans to assist with project implementation. Property Tax Increments The Agency is proposing to use property tax increments as provided for in Article 6, Section 33670 of the Health and Safety Code as the primary financing mechanism to \taqulnla\prehpl\sect-c 20 implement the Plan. The Agency is currently discussing the effects of the proposed ® Project Area with affected taxing entities. a Preliminary tax increment projections for the Project Area have been generated and are presented in Table 6 of this Report. The projections are based on the 1987-88 Assessment Roll information from the County of Riverside. The tax increment projections assume a 4 percent annual growth rate. Bonded Debt The Agency, with the approval of the City Council, may from time to time issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the principal and interest are payable in whole or in part from tax increments. Other Available Sources Any other loans, grants or financial assistance from the United States, or any other public or private source will be utilized, as available. The Agency will also consider use of the powers authorized by Chapter 8 (Redevelopment Construction Loans) of the Health and Safety Code to provide construction funds for appropriate projects. \Ie9alnle\pre I,pgsect-c 21 TABLE 6 El MYOF IA CN...... TAX JIUMOU iiilkL9T(115 FIMEH) RaJEIYElmutr PRC1= AREA JULY, 1988 Yrar, Annual Forecasted Total AV Net Incrm2l Fstimted Z'. Pmal nl ng Agary AssE_c d Irrr Valuation Tax I=wt Pa tl- To Agency CLmiL-,de Valuation 47 0 0 BY193589 91,205,932 1989-AO 91,205,932 3,V'8,237 9'.,854,1(9 3,648,237 44, 9.8 23,618 20,891 20, B91 19Y0-91 95,855,169 3,795,167 58,(YO, 336 7,442,404 90,797 47,703 43,M) 63, SC.0 1991-92 98,9-8,336 3,95,933 102,5%,209 11,388,337 138,938 72,279 66,658 13),639 1992-93 102,595,20 4, 1W, 771 1(6,(f,8,0'4 15,492,1C8 189.CIY. 97,343 91,(61 222,-U 1993-94 106,(98,Oi0 4,267,922 110.%5,%2 19,760,(EU 241,072 122,9)7 118,165 34J, 465 1994-95 110,%5,%2 4,435,638 115, 405,600 24, 198,668 295,224 MIC63 146,241 wb'705 1995--% In,"," 4,616,184 12),020,784 28,814,852 351,541 175.5_FO 175,%1 662,666 1996-97 123, M,784 4, 50, 831 124, B21,616 33,615,694 410,111 2U2,710 207, 402 87),wa 1997-% 124,821,616 4,992,865 129,814,480 _ 39,", 54B 471,C24 230,332 2l.0,643 1,110,711 1998-99 129,814,4W 5.192,579 135,CU7,0E0 43,B01,128 534,374 25B, 6W 275,767 1,3%,47b 1999-W 135,007,(W 5,400, 282 140.407,342 49,2)1,410 ".257 287,397 312,%l 1,(J39,333 2DIWI 140,407,342 5,616,29i 146,UZ3,635 54,817,705 668,776 316,762 352,014 2,0511,352 2WI-02 114, M,W6 5,840,955 L51,EC,4,581 60,658,649 740,036 346,715 393,32U 2PIWa,,672 2X1243 151,864, 581 6,074,583 157,939,164 66,733,232 814,145 377,267 436,878 2,831,551 21134A, 157,939, 164 6,317,567 164,2%,731 73,CWp799 891,230 4C18,4T) 032,79C) 3, V"341 23Y"L 164,256,731 6,570,209 170,827,(W 79.621,C69 971,3T7 440,216 531,161 3.87"501 2XYY-W 170JQ7,OW 6,833,090 177,6CO3CM 86,454,149 1,C54,741 472,6_'8 582,102 4,477," M&07 I77,OW, CXU 7, IC i,403 185,7(G,483 93, 5((J, 551 1,141,439 5(5,709 635,73) 5,11"1, 333 2W7-W 184,766,4R3 7,390,659 192,157,143 100,951,211 1,231,605 539,441 692, 1(A 51R)5.4% M-C9 192,157,143 7,6,95.2% 199,W,3,423 108,637,4% 1,325,377 573,847 751,530 6,557,028 3U9-10 199,M3,428 7,993,737 21)7,837,166 116,631,234 1,422,901 833,952 813.959 7,370,937 2)10.11 207,837,166 8,313,487 216, I50,652 IM, 9.4, 72J 1,524,326 614,138 879,587 8,20,575 2011-12 216,150,652 8,646,C26 224,796,678 133,590,746 1,6N,E07 681,251 9'a3,557 9,199,131 2012-13 22/e, 7%,678 8,991,867 233.783,545 142,592,613 1,739,5C9 718,493 1,(121,015 10,220,146 2U13-14 233,788,545 9,351,542 2,43,140,CB1 151,934,155 I,M3,Y37 756,491 1,(97,116 11,317,262 2014-15 243, 140,W7 9, 725,6.D 252, Br.5,(01 161,659,759 1,972,249 7%, 228 1, IT7, U7.1 12,495, 283 aJ 5-16 252,%5,691 10,114,628 262,cff),318 171,T74,386 2,M,649 B:Ye,750 1,20,(4)7 13,755,180 2016-17 262,990,318 10,519,213 273,49c),531 182,293,599 2,223,982 875,(63 1,348,919 15.)(Y.UP 2)17-18 273,499,531 10,939,%l 284,439,512 193,233, 590 2,357.450 916,182 1,441,264 16,Y5,361 2018-19 Z%.439,512 11,377,58) 295,817,093 2C4,611,161 2.496,256 959,123 1,53B,133 I8,(ft3, t0 2)19-2J 295,817.C93 11,832,684 307,U49,776 216,443,Bi4 2.6'4, 615 1,Q0,903 1,639,712 19,723,2ll 2020-21 307,649,776 12,305,991 319,955,768 228.749,835 2,7cr),748 1,W,539 1,746,209 21,4(A,420 2021-22 319.955,768 12,798,231 332,753,998 24I,M,(Y,6 2,946,896 1,CB9,C47 I,B57,859 23,327,259 2022-23 332.753,999 13,310,1(0 Y4,CU,, L58 254,858,226 3,109,270 1, IY.,446 1,974,824 25,302,084 2023-24 Y.6,064, L58 L3,842,566 39,9)6.724 258, M, 792 3,278, 150 1.180,753 2,097,397 27,",491 2)24-25 359.9-6,724 14,3%,209 374,332,993 283,097,051 3,453,784 1,227,9(5 2,225,799 29.625„279 3725-26 374,302,993 14,972,120 399,275,113 298,llfl,181 3,636,444 1,276,163 2,360,291 31,985„%1 2026-27 380,275,113 15,571,035 4C4, 845, 118 313.650, 1% 3.826,410 1,325,3CY4 2,501,107 34,485,667 2)27-28 ",8%,118 16,193,845 421,009,%2 329,834,030 4,C23,975 1,375,427 2.65,M 37,135,215 2728-29 42l.C39,962 16,841,5% 437,881,561 346,675,629 4,729,443 1,426,554 2,M,859 39,938, I(A As-irs a 47 gnwd, rate, a 1„22z tax rate, and Use Propcsitlon 13 allo.e d Zi. gro.th is pnSv U¢ to all taxing aetities except the City. lq/txlsoj4a El 22 Assessment of the Economic Feasibility of the Project ® A listing and description of the potential projects to be utilized by the Agency in the Project Area is presented in Section D of this Report. The overall cost of the proposed projects (cost estimates do not take into account costs related to agreements with taxing 1.E agencies, unknown future private development assistance, financing costs, nor the 20 percent housing set -aside requirements) is estimated to be approximately $77.8 million. These projects will be phased over time as funding is available. The Agency recognizes that although the entire list of projects that have been enumerated are needed, improvements can only be implemented as funds become available. Also, it may be of benefit to fund smaller projects with available monies, rather than waiting until the Agency has accumulated funds sufficient to implement the more costly projects. The estimated tax increment generated in 40 years at a 4 percent growth assumption is approximately $43.9 million. It will be necessary to prioritize the projects from time -to - time to take advantage of market conditions and best utilize the Agency's resources. Tax allocation bonds will be used as feasible to assist in project financing. Reasons for Including Tax Increment Provisions in the Plan Tax increment provisions must be included in the Plan because other funding sources are not available to finance the costs of redevelopment. The City's budget alone cannot fund this level of need and other financing programs such as assessment districts are not workable for the kinds of improvements which are needed. Without the tax increment component, sufficient revenue would not be available to fund the needed programs and improvements. \legWnt.\pmlrpt\,.d-< 23 El SECTION D AND E DESCRIPTION OF SPECIFIC PROJECTS PROPOSED BY THE AGENCY AND HOW THESE PROJECTS WILL ALLEVIATE CONDITIONS DESCRIBED IN SECTIONS A AND B ABOVE The types and nature of projects to be undertaken by the Agency will evolve over time and are dependent on such contingencies as owner -participation interest and capability, developer interest and marketability, and funding levels. Table 7 presents a list of potential projects and the problem conditions as described in Sections A and B of this Report that will be alleviated. The estimated costs reflect 1988 dollars and are subject to inflationary increases. TABLE 7 PROPOSED REDEVELOPMENT PROJECTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel La Quinta Evacuation Channel General Storm Drains - various locations WATER SYSTEM Main Line Distribution Center SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) Main Lines (to lift stations) BRIDGES Washington Street at Whitewater Jefferson Street at Whitewater Avenue 50 at La Quinta Channel Adams at Whitewater Avenue 48 at La Quinta Channel Dune Palms at Whitewater $3,530,000 1,200,000 9,000,000 125,000 1,585,000 3,240,000 4,500,000 4,500,000 4,500,000 4,500,000 4,500,000 13,7190,000 1,585,000 1,710,000 25, 740,000 \iecumte\prabpt\s cfd-e 24 STREET IMPROVEMENTS East/West Streets Fred Waring Drive Westward Ho Drive Highway 111 Avenue 48 Avenue 50 North/South Streets Washington Street Adams Street Dune Palms Road Jefferson Street 10,804,000 RAISED MEDIANS Highway 111 Washington Street 1,245,000 Jefferson Street 1,245,000 1,500,000 TRANSIT TURNOUTS 14 Locations 140,000 TRAFFIC SIGNALS ® Route 111 at Washington 60,000 Route 111 at Adams 100,000 Route 111 at Dune Palms 100,000 Route 111 at Jefferson 60,000 Washington at Fred Waring 100,000 Washington at Miles 100,000 Jefferson at Fred Waring 100,000 Jefferson at Miles 100,000 Jefferson at Avenue 48 100,000 Jefferson at Avenue 50 100,000 920,000 COMMUNITY DEVELOPMENT PROGRAMS Provide commercial development funds 10,000,000 Provide funds for demolition of dilapidated structures 500,000 Provide funds for planning services to conduct design/implementation program studies 1,000,000 VeGmote\pinj,pt\Se,d-e 25 hl. E, 11 COMMUNITY FACILITIES Develop new fire department facility and related equipment to service the Project Area 2,500,000 Develop new parks to service Project Area residents 5,000,000 000 TOTAL $77,874,000 HOUSING PROGRAMS All housing programs will be funded by the 20% housing set aside program. Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta, New Housing AffordabilitX Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Relocation Housina Provide Relocation Housing Assistance when necessary. The proposed improvement projects listed in Table 7 have been developed to halt and ameliorate the conditions responsible for creating and spreading blight in the Project Area. They specifically address the detrimental and deteriorating physical and economic conditions identified in Sections A and B of this report. \lapulnta\prebpt\sectd e FM Public Improvement Program ® The proposed public improvements have been delineated to address and remedy the severe, adverse, deficient conditions outlined in Section A and B of this report. This program has been developed by the Agency to encourage the rehabilitation, redevelopment and development of properties by addressing those elements which limit or impair the ability of the infrastructure to provide adequate service in the Project Area. Improvements to the Project Area's and City's deficient storm drain system must be accomplished to remedy the dangerous storm water conditions. This will provide an adequate level of health and safety for the Project Area's residents and businesses, and help develop the economy of the Project Area. The rehabilitation, improvement and construction of new elements of the Project Area's circulation system will upgrade and improve the operations of the system. This will ® reduce hazardous traffic conditions present in the area characterized by congestion, deficient intersection design and control. Inadequate access to the Project Area in the form of deficient bridges must be addressed to alleviate congestion, improve safety conditions and curb economic stagnation and impairment. Projected growth in regional traffic will further congest the area. Therefore, improvements to ameliorate these problems must be accomplished. The inadequacy of the Project Area's sewer system must be addressed to prevent further economic impairment and disinvestment. The water system serving the Project Area has existing and projected distribution deficiencies which require major improvements so that adequate service can be maintained and further impairment does not take place. Vaawma\prertct\seeem-e 27 Community Development Programs The Agency intends to study, plan and coordinate programs to arrest the spread of blight, to promote the rehabilitation of existing buildings and site amenities, to eliminate incompatible land uses, and to address out-of-date and obsolete structures and parcel size and shape within the Project Area. Where possible the Agency will seek to rehabilitate and recycle land uses, however, when this is not feasible the Agency may assemble land for recycling. This program will eliminate the physical, and economic problems associated with lot sizes, irregular shaped parcels, and unmaintained parcels. This program would include funding for relocation and demolition, if required. Community Facilities Improvements proposed by the Agency are designated to alleviate identified existing and projected deficiencies within the Project Area. Their focus is to achieve the upgrading of existing facilities, construction of needed new facilities and the provision of additional services for the benefit of the Project Area. By providing these facilities, the Agency would improve the quality of life for area residents, businesses and the entire community. Housing Programs The Agency has plans to increase the housing supply within the area. The Agency will implement a multifaceted program to address the various housing needs, and to meet the identified need of promoting housing opportunities and upgrading the existing housing stock of the city. Program components are: A Senior Housing Program to provide more affordable senior housing units while also seeking to retain existing senior housing. \laqulnta\prelrpl\sedd-e 28 j A First -Time Buyer Program that will provide a mechanism by which young ® families can purchase homes in La Quinta. LJ In cooperation with the City, the New Housing Affordability Requirements as required by the Redevelopment Plan will be implemented. The program will include both rental and ownership housing, and families with members who presently work in La Quinta will be given highest priority. The Agency will assist the City in providing a series of developer incentives and concessions the purpose of which is to reduce the cost differential between market value and the sale or rental prices of the affordable units. Child Care The Agency will assist the City in providing facilities and programs for child care to the extent allowed by law. \lequlnta\p�ahpt\sadd-e 29 0 Section 33320.1: "Project area" means, except as provided in Section 33320.2, 33320.3, or 33320.4, a predominantly urbanized area of a community which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this part, and which is selected by the planning commission pursuant to Section 33322. As used in this section, 'predominantly urbanized" means not less than 80 percent of the privately owned property in the project area has been or is developed for urban uses, is characterized by the conditions described in subdivision (a), (b), or (e) of Section 33032, or is an integral part of an area developed for urban uses. For the purposes of this section, a parcel of property as shown on the official maps of the county assessor is developed if that parcel is developed in a manner which is either consistent with zoning or is otherwise permitted under law. For the purposes of this section, if property is ® acquired by the community less than 180 days prior to the date of adoption of the survey area resolution and is not dedicated or devoted to a public use on the date the survey E area resolution is adopted, that property shall be deemed privately owned property. The requirement that a project be predominantly urbanized shall apply 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 an amendment to a redevelopment plan, which amendment is adopted on or after January 1, 1984. \laquHta\prebpt\aRacha 9 111 w li qi ' ITA{rlr��Ir111AIIIrr PllA rrrrr�rr�rr�r rr� r�r�T YJ WC 3 m CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 GENERAL PLAN LAND USE RESIDENTIAL COMMERCIAL MISCELLANEOUS ElLOW DENSITY BE GENERAL MEDIUM DENSITY COMMERCIAL HIGH DENSITY ® MIXED ® FfLOOD COMMER CEIAL CONTROL h ry O.I f)C_Ie e00P `jON elrv) NODE T=) U u A�•ARRYPROJECT AREA BOUNDARY CITY BOIiNUeRY _, _ER19T PROJECTAREA NO.1 BOUNDARY CITY OF LA QLIINTA REDEVELOPMENT PROJECT AREA NO. 2 EXISTING ZONING H A- 1 0 R-3 El R-1- El R-T ® W-1 R-2 0 cps INCLUDES sR 0 A r V4 l ! ) gM"I .I a., �% � I Y a 1 r I _ 11 � OWN 1-: 1 II.II� �.�S�RE� •�i. y A GOtl .Y.r TA— O nisi ,isOa 116 oaE on Ess ^mn Y/ NC m m VINNIMMMME U � • e� EnwicT uu iwnoun ---- nTY BmPNOAAY E%IBT. PNOJECTAKA NO,I BOUNDARY CITY OF LA QUINTA " REDEVELOPMENT PROJECT AREA NO. 2 EXISTING LAND USE ElAGRICULTURE ® COMMERCIAL (ESIDENTIAL LOW DENSITY) PUBLIC ® FINAL MAPS RESIDENTAL ® (MEDIUM DENSITY) FLOOD CONTROL ® TENTATIVE MAPS h, . 0 7 AVENUE 4. ��i� OHTiA/L-A �i r _ AVENUE a _. 1-1 U.N. V ECY Puo Pp COUYPIN3 UJ>�U6P ESQ LE35 YI �C 33 m 1 �r Ilm 7a e .,. n � 111 X .,,E Y�,� " OETA/L—A X�E PPOJEEi A"FA 9WNONY Q .1Y ...,..A,Li_ EXIST. PPOJECTPBEA NO BOUNDARY CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 BLIGHTING CONDITIONS *BRIDGES NEEDED O SIONALS NEEDED /1\ BRIDGE — —'STREET ..... FLOOD CONTROL CHANNEL Y IMPROVE MENTS NEEDED IMPROVEMENTS NEEDED IMPROVEMENTS NEEUEO 0 1 d Indian w0la IS 7•��I 17 q - n 1 1 ?i F p� � ` V , � l BM J3 Yi A I 1 s.., p^ ) J 1 (1 :rew rsJ ' r� 'IRV, tj J 5 r,� I ply � pf 125 30.. i X� VC m m {e 9 •iew�" � ��iJ^pit• l� 144 CITY OF LA QUINTA REOEVELOPMENT PROJECT AREA NO. 2 FLOOD HAZARD' AREA T7fri o r a coH irs ii �wEg W aEe� LEVY OET-AIL.—A U L1 CITY OF LA DUINTA REDEVELOPMENT PROJECT AREA NO. 2 CIRCULATION SYSTEM INIMAJOR ARTERIAL —COLLECTOR 120 FOOT RIGHT OF WAY 64-72 FOOT RIGHT OF WAY ■INPRIMARY ARTERIAL PROJECT AREA Io0-110 FOOT RIGHT OF WAY BOUNDARY .SECONDARY ARTERIAL 88 FOOT RIGHT OF WAY 0 ATTACHMENT A Definitions of blight and urbanized areas as described in the Community Redevelopment Law, Sections 33030, 33031, 33032 and 33320.1 Section 33030: It is found and declared that there exists in many communities blighted areas which constitute either physical, social, or economic liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of such communities and of the state. A blighted area is one which is characterized by one or more of those conditions set forth in Sections 33031 or 33032, causing a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic or ® alleviated by private enterprise acting alone. Section 33031: A blighted area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: (a) Defective design and character of physical construction (b) Faulty interior arrangement and exterior spacing. Lm \laqulnta\prelrpt\attache E E (c) High density of population and overcrowding. (d) Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities. (e) Age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses. Section 33032: A blighted area is characterized by properties which suffer from economic dislocation, deterioration, or disuse because of one or more of the following factors which cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone: (a) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development. (b) The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions. (c) The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. (d) A prevalence of depreciated values, impaired investments, and social and economic maladjustment. VIaQUWaApretrptAattache 0 11 FINAL ENVIRONMENTAL IMPACT REPORT FOR REDEVELOPMENT PROJECT AREA NO.2 State Clearinghouse (SCH) #88041111 Prepared for: La Quinta Redevelopment Agency P.O. Box 1504 78-105 Calle Estado La Quinta, California 92253 619-564-2246 Prepared by: Rosenow Spevacek Group Inc. 540 N. Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 510 N. Pacific, Suite 1 Oceanside, California 92054 619/967-6462 November 30, 1988 0 FOREWARD This document is the Final Environmental Impact Report (Final EIR) on the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2. Subsequent to the completion of the Draft Environmental Impact Report (Draft EIR), the City of La Quinta circulated the document for a 45 day period to solicit comments from the public and reviewing agencies. Seven (7) reviewing agencies submitted comments; their comments and responses to them are presented in Section 13.0 of this document. This Final EIR presents the following: o the Draft EIR which evaluates the potential environmental impacts resulting from implementing the Redevelopment Plan, and ® o comments and responses to comments on the DRAFT EIR. LIST OF TABLES 1. Proposed Redevelopment Projects.....................................................................20 2. General Plan Land Use Tabulations.................................................................... 25 Zoning Designations...........................................................................................41 43. 5. Existing Land Use............................................................................................... . Population..........................................................................................................4 41 6. Emissions from Ultimate Project Area Build -out .................................................. 54 7. Typical dBA Indoor and Outdoor Noise Levels .................................................... 58 8. Construction Equipment Noise Range Levels ..................................................... 59 E LIST OF FIGURES 1. Regional Location Map........................................................................................15 2. Project Area Map................................................................................................. 16 3. Major Infrastructure Improvements.....................................................................27 4. General Plan Land Use........................................................................................ 28 5. Blowsand Hazard Area........................................................................................30 6. Existing Zoning....................................................................................................38 7. Existing Land Use............................................................................................... 39 8. Circulation System..............................................................................................46 9. Future Daily Traffic Volumes................................................................................ 47 10. Existing Noise Levels...........................................................................................60 11. Park Locations.................................................................................................... 65 12. Geologic and Seismic Map.................................................................................. 81 13. Seismic Considerations.......................................................................................82 14. 100-Year Flood Plains......................................................................................... 87 15. Master Plan of Drainage......................................................................................88 16. Flood Hazard Area..............................................................................................89 17. Drainage Analysis................................................................................................90 LJ 11 iv 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 LIST OF F►GURES RegionalLocation Map........................................................................................ 15 ProjectArea Map.................................................................................................16 Major Infrastructure Improvements..................................................................... 27 GeneralPlan Land Use........................................................................................ 28 BlowsandHazard Area........................................................................................30 ExistingZoning....................................................................................................38 ExistingLand Use............................................................................................... 39 CirculationSystem..............................................................................................46 Future Daily Traffic Volumes................................................................................ 47 ExistingNoise Levels...........................................................................................60 ParkLocations.................................................................................................... 65 Geologic and Seismic Map..................................................................................81 Seismic Considerations.......................................................................................82 100-Year Flood Plains......................................................................................... 87 Master Plan of Drainage...................................................................................... 88 FloodHazard Area..............................................................................................89 DrainageAnalysis................................................................................................ 90 C'L] iv TABLE OF CONTENTS PREFACE........................................................................................................................ v 1.0 EXECUTIVE SUMMARY. ....................................................................................... I 1.1 PROJECT SUMMARY................................................................................1 1.2 ENVIRONMENTAL SUMMARY ................................ .............................. 1 1.3 AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED .................. 2 2.0 INTRODUCTION...................................................................................................8 2.1 PURPOSE..................................................................................................8 2.2 INCORPORATION BY REFERENCE...........................................................9 2.3 PROJECT PROPONENT..........................................................................11 2.4 INTENDED USE OF THE EIR...................................................................12 3.0 PROJECT DESCRIPTION...................................................................................13 3.1 PROJECT DESCRIPTION.........................................................................13 3.2 PROJECT LOCATION.............................................................................. 13 3.3 PROJECT OBJECTIVES........................................................................... 14 3.4 PROJECT CHARACTERISTICS................................................................18 Components of the Redevelopment Project.............................................18 Land Use and Development Potential.......................................................23 3.5 PROJECT COMPATIBILITY WITH APPLICABLE PLANS ..........................25 General Plan of the City of La Quinta........................................................ 25 Air Quality Management Plan...................................................................25 ® 4.0 OVERVIEW OF THE ENVIRONMENTAL SETTING ............................................. 29 4.1 LAND USE CHARACTER.........................................................................29 4.2 GENERAL DESCRIPTION OF THE ENVIRONMENTAL SETTING ............ 29 4.3 SOCIOECONOMIC CHARACTER............................................................33 4.4 BIOLOGICAL SETTING............................................................................ 33 5.0 ENVIRONMENTAL IMPACT ANALYSIS..............................................................36 5.1 LAND USE................................................................................................36 5.2 POPULATION AND HOUSING.................................................................42 5.3 TRAFFIC AND CIRCULATION..................................................................44 5.4 AIR QUALITY.. ................................... : ...................................................... 49 5.5 NOISE...................................................................................................... 55 5.8 PUBLIC SERVICES..................................................................................61 5.7 UTILITIES.................................................................................................74 5.8 EARTH..................................................................................................... 79 5.9 WATER - DRAINAGE................................................................................85 5.10 LIGHT AND GLARE..................................................................................94 5.11 CULTURAL...............................................................................................95 6.0 SIGNIFICANT ADVERSE IMPACTS................................................................... 100 7.0 ALTERNATIVES TO THE PROPOSED ACTION ................................................ 102 7.1 NO PROJECT......................................................................................... 102 7.2 REDUCED REDEVELOPMENT ALTERNATIVE ...................................... 103 7.3 ALTERNATIVE FINANCING ALTERNATIVE ........................................... 104 ® 8.0 LONG-TERM IMPLICATIONS OF THE PROPOSED PROJECT ......................... 106 8.1 THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENTAL AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY ...................... 106 8.2 IRREVERSIBLE ENVIRONMENTAL CHANGES RESULTING FROM PROJECT IMPLEMENTATION.................................................... 107 8.3 GROWTH -INDUCING IMPACTS OF THE PROPOSED ACTION ............. 107 9.0 EFFECTIVE FOUND NOTTO BE SIGNIFICANT ............................................... 109 10.0 ORGANIZATIONS AND PERSONS CONSULTED.............................................110 11.0 LIST OF PREPARERS AND CONTRIBUTORS TO THE REPORT ...................... 111 12.0 REFERENCES.................................................................................................. 112 13.0 COMMENTS AND RESPONSES ON THE DRAFT EIR......................................113 13.1 INTRODUCTION....................................................................................113 13.2 COMMENTS AND RESPONSES TO COMMENTS ................................. 113 APPENDICIES APPENDIX A: ENVIRONMENTAL INITIAL STUDY/NOTICE OF PREPARATION APPENDIX B: CORRESPONDENCE IN RESPONSE TO THE NOTICE OF 40 PREPARATION APPENDIX C: NORTH LA QUINTA TRAFFIC STUDY APPENDIX D: LA QUINTA MASTER PLAN OF DRAINAGE APPENDIX E: NOTICE OF COMPLETION APPENDIX F: COMMENTS SUBMITTED ON THE DRAFT EIR APPENDIX G: REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 APPENDIX H: PRELIMINARY REPORT APPENDIX 1: EXHIBITS 3 THROUGH 7 u ® PREFACE The City of La Quinta and the La Quinta Redevelopment Agency are proposing to adopt the Redevelopment Plan that establishes the La Quinta Redevelopment Project Area No. 2 (herein after refered to as the "Project"). In accordance with the Community Redevelopment Law, a redevelopment project is established through the formation and adoption of a redevelopment plan. A redevelopment plan, unlike other plans, does not in itself implement any specific land development. Actually, the plan is the vehicle through which the implementation of future private development is allowed and encouraged. Through the establishment of a redevelopment plan, a mechanism for eliminating blight and a means of financing redevelopment activities become available. The purpose of this Environmental Impact Report (EIR) is to present an analysis of the environmental effects expected to occur as a result of establishing the Project. Due to the lack of ® specificity with respect to future individual projects which may occur as a result of implementation of the redevelopment plan, quantification of potential impacts are necessarily general at this time. The EIR will address both the beneficial and adverse impacts of implementing the proposed Project. This EIR may best be referred to as a "Program EIR" (CEAQ Guidelines Section 15168) which will serve as the primary environmental documentation for the project. It is anticipated that when subsequent activities involve site specific operations an evaluation of such projects will be made on a case by case basis. In 1 {J 1.0 EXECUTIVE SUMMARY 1.1 Project Summary The 3,116 acre proposed La Quinta Redevelopment Project Area No. 2 (hereinafter referred to as the "Project Area") experienced development dating back to the early 1920's. The development which appears to have been unplanned, occurred at the base of the Santa Rosa Mountains in areas that are protected from severe winds and other hostile elements. Beyond the characteristics associated with haphazard development, the Project Area also exhibits major infrastructure deficiencies, unusual lot configurations, and non -productive utilization of land resources. The Project is intended to reverse physical, social and economic liabilities resulting from conditions in the Project Area through a wide range of Agency activities. Such activities ® may include the provision of public facilities and improvements in the Project Area; the redevelopment and promotion of new development and the reuse of land consistent with the La Quinta General Plan; the solicitation of owner and tenant cooperation and participation in revitalizing the Area; and the use of a wide variety of direct and indirect financial assistance to effect redevelopment and revitalization generally. 1.2 Environmental Summary Anticipated environmental effects resulting from Project implementation, together with a listing of the major mitigation measures to reduce or avoid adverse effects, are summarized on the following pages. This summary is an excerpt from Section 5.0 of this report. \laquima\Erafieir\sea 12 1 1.3 Areas of Controversy and Issues to be Resolved Fiscal and social impact assessments of the proposed Project is typically requested by various taxing agencies. In accordance with the provisions of CEQA, this EIR concentrates upon the environmental impacts of the proposed Project, and not upon the social or economic impacts, except those that may result in physical impacts upon the environment. It should be noted that CEQA does not require analysis of fiscal impacts as a part of the environmental assessment. However, in accordance with Community Redevelopment Law (Health and Safety Code Section 33344.5), the La Quinta Redevelopment Agency has prepared a Preliminary Report on the proposed Project which is intended to be distributed to affected taxing agencies. The Preliminary Report as well as the Report to the City Council amending the proposed Redevelopment Plan (pursuant to Health and Safety Code Section 33352) will address certain items which may be questioned or disputed by interested parties. The Preliminary Report includes information on specific projects proposed to be undertaken in the redevelopment of the Project Area, a description of how the Project will be financed, and estimates of Project costs and revenues. In addition, the Agency intended to fulfill its legal obligation to consult with all taxing agencies regarding any fiscal impacts the Project may have pursuant to Health and Safety Code Section 33323. r �J \laquinta\Emttair\s t1-2 2 � \ \ Co 0 Ca CL a uCL § - 0 \ )§ \ %2 2/ } §§ \ \ _ : \ } \ co\ \ _ \ (D LLI\-i=CL _- ) _: cr /) cr / . \ ]f2 . ®� {\ *E-0 ,] CD cm \\ U) =0 - \r> /\ \ƒ) - [/ \ƒ) 2 - �\\\ j \� § C: cn /\0 /k/ $ k - ® \)\ �C 3 \ 7 )CL- 0 - \\\ ea® - ._0 -_ \\\k\k\ \ \\/) \ 2 J §\}\ w o a%Eo { mm 22- @w=w \j§/}\g k ) }\\) \$ \ \\\\ -\ 2 `)» -® %) )/G _ - /7� - !g '2) f)§ \§; \ \\� _ (30 ) - \ : - a 2 a - _ -_ < 22/ . m 2\ $ �\ k co (a)® _ _ _ _ * _ = 7 -2 /\\ _ /\ �� $ \\\ 0�$ ca \ \�k \} \ \pa) \\/\ }\ k -� _ !2 - ) d /\\} \) j\CL CL E F-< E o ) cc / _\CL � k0 �) -o {��cr _ \\) \\} f k ` 27 \)/ ) (�\ \ \ k �\ - °� \\ u - co _ §}]) ®` © 3 \ - - CL - § ) )$ / j\ �$ k m E !=s )\ - - +/ _- _ //j\ (/ /0 §3 /\\ CL U§ /§ ®{ o= \/ �/ 2 E j FL �� / ƒ {)() \ E 0-0 _ / - ; \ _ aM a)a) _ ) } ƒ uj _ 2 - -s® _ +® ) § \/ %@5 C § \ - )/rE2 ;/ E' 2 gca E� CL ) 75 §\ @ § )3:0>m ` [) \ (� ) a) 4 GC.) 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Ca 0 / � )\ �- - CL - 7 =-- 2- - _ >cm a) \ k- CD - 0 ca \ - , {] \_ \E - - §} - !_E - - -- CL \ A/]) a)- - co ZL /($ /j\ ) /CD b -- 0 (_} \ ! . \ - _� (/\ al .- - k. kkk $ )/ \§ \\ \al /\ CD \\ CL Q ) - / \ § E ¥ \ - @ + _ ± 2 J�/ 0 @ c \ -§ `�� « a\/ E - / E 3 2 7_/\ _ 2 \m CL (\\� ( ( k a 3f /;� _= id\E q 2== . 2.0 INTRODUCTION 2.1 Purpose This EIR has been prepared to assess the potential environmental impacts associated with the proposed Project. As defined by Sections 15180 and 15378 of the California Environmental Quality Act (CEQA) an environmental impact report must be prepared for any project that may have a significant effect on the environment. An Initial Study for the proposed Project indicated that certain environmental effects associated with the Project may be significant. The complete Initial Study is attached as Appendix A of this report. This EIR is focused to evaluate these potential environmental effects as well as to identify and address any relevant issues raised during the 30 day Notice; of Preparation review and during the analysis of EIR preparation. 110 At this time in the planning process for the Project, neither site -specific development proposals nor public improvement projects have been completely defined. As a result, the specific impacts of such proposals and projects cannot be precisely predicted. This degree of specificity is allowed under Section 15146 of the CEQA Guidelines. However, the document has been prepared to as detailed a level as possible, identifying and resolving all reasonable anticipated impacts. Please see Section 3.3 of this report for a discussion of the development assumptions used for purposes of analysis. The Redevelopment Plan is a general plan for redevelopment and therefore does not specifically define what activities or development projects will eventually occur in the Project Area. The development assumption utilized for purposes of analysis in this report is based on the 'most probable' development scenario as determined through consultation with City Staff. The information gap between general redevelopment planning and future construction activity requires that future development plans be \1eq ,nla\ daftt,\s l-2 8 submitted to the Agency/City for individual environmental review in accordance with CEQA Guidelines (Section 15152) prior to approval. Subsequent and/or tiered EIRs will be prepared for future development proposals if individual environmental review indicates the potential for significant environmental impact. Tiering or tier, as defined by Section 21068.5 means "the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or ordinances followed by a narrower or site -specific environmental impact reports which incorporate by reference the discussion in any prior environmental impact report and which concentrates on the environmental effects which area (a) capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report." This report discusses the potentially significant effects of the proposed Project, identifies measures for reducing or avoiding significant adverse effects, and evaluates alternatives to the Project. In addition, input has been solicited from involved agencies during report preparation, which is contained in Appendix B. The report may be used as an environmental data base against which to evaluate future site -specific implementation proposals for construction and development within the Project Area. 2.2 Incorporated by Reference Section 15150 of the CEQA Guidelines encourages "incorporation by reference" to eliminate the need for inclusion of voluminous reports within an EIR. Considerable documentation has been prepared in conjunction with the Redevelopment Plan. Of particular relevance are the Preliminary Report and Redevelopment Plan, as discussed below. The following documents are hereby incorporated by reference into this Draft EIR. E \la .into\dre .ir\seat-2 9 Preliminary Report for the City of La Quinta Redevelopment Project Are No 2. In accordance with California Redevelopment Law ("California Health and Safety Code"), the required purpose of a redevelopment project is the elimination of blighting conditions within a designated project area. Sections 33030 and 33032 of the California Health and Safety Code identify the characteristics of blight, one or more of which must be present and predominate within the Project Area if a redevelopment project area is to be properly formed. Evidence of blight in the proposed Project Area is presented in the "Preliminary Report", prepared for the La Quinta Redevelopment Agency by Rosenow Spevacek Group, Inc., (June, 1988). The Preliminary Report indicates that the Project Area exhibits characteristics of blight as defined in the California Health and Safety Code. Together, these problems constitute a reduction, or lack of proper utilization of the area and are believed to represent a serious burden on the community which cannot be reversed or alleviated by private enterprise acting alone. As a result, the subject Redevelopment Project has been proposed in order to eliminate the blighting conditions presently evident within the Project Area. The potential environmental effects of the Agency's redevelopment implementation activities are the subject of this report. Redevelopment Plan for the La Quinta Redevelopment Proiect Area No. 2. The Redevelopment Plan is a legal document, the content of which is largely prescribed in California Redevelopment Law. The Plan authorizes the Agency to undertake a wide range of activities aimed at improving physical, social and economic conditions in the City. In accordance with Community Redevelopment Law the Plan sets forth general activities and implementation procedures which the Agency may undertake as the public sector contribution to the redevelopment effort. The document also includes activities 0 the Agency must undertake in accordance with California Redevelopment Law. \ieauime\ereneir\s l-z 10 Of particular importance, the Redevelopment Plan contains rules governing redevelopment implementation. Such matters as owner participation, property acquisition and management, and, relocation of persons and businesses are outlined in the Redevelopment Plan Master Environmental Assessment/Environmental Impact Report for the City of La Quinta General Plan, 1985. This is a document designed to serve two functions: a Master Environmental Assessment (MEA) and an Environmental Impact Report (EIR). The MEA presents a description of the natural and man-made conditions in the La Quinta Study Area, an "environmental catalogue" for the City, addresssing both existing and then evolution over the life of the General Plan. The EIR is an analysis of the environmental impacts of the General Plan goals, policies and programs. Environmental Fact Report for La Quinta Redevelopment Project Area No 1 - 1983. This EIR describes the impacts of a redevelopment plan that was adopted by the City of La Quinta in 1983 2.3 Project Proponent The La Quinta Redevelopment Project Area No. 2 is proposed by the La Quinta Redevelopment Agency, located at 78-105 Calle Estado, La Quinta, California 92253. The Agency Board consists of five members who also serve as the La Quinta City Council. The Agency is an autonomous governmental body that was established by an ordinance of the City Council. The Agency is empowered to prepare and implement plans for the improvement, rehabilitation and redevelopment of blighted areas within the corporate limits of the City of La Quinta. With respect to CEQA, the Redevelopment \Iaquinra\drafleir\s l-2 11 11] Agency of the City of La Quinta is the Lead Agency and the City of La Quinta is a Responsible Agency for the proposed Project. 2.4 Intended Uses of the EIR This report is intended to serve as an informational document to inform City of La Quinta staff and council, as well as other responsible agencies and the general public of the environmental consequences of approval and implementation of the proposed Project. The EIR also lists mitigation measures which will be utilized to alleviate potentially significant adverse impacts of Project implementation. IAQV,.Ma d fletr\.e 1-2 12 3.0 PROJECT DESCRIPTION 3.1 Project Description The proposed Project involves the adoption and implementation of the Redevelopment Plan for the 3,116 acre La Quinta Redevelopment Project Area No. 2. The Project is intended to eliminate blighting conditions by providing new or expanded public improvements and facilities (streets, storm drainage, median landscaping, bridge construction and upgrading, traffic signalization and upgrading, sewage line improvements, etc.). Blighting conditions are also anticipated to be alleviated by encouraging and assisting in the expansion of existing commercial uses which will strengthen the economic vitality of the community, as well as, encouragement of residential uses. The Project duration is presently proposed to be 40 years. Ig Public approvals required include the adoption of the proposed Redevelopment Plan by ordinance of the La Quinta City Council and by resolution of the La Quinta Community Redevelopment Agency. Other approvals for site -specific redevelopment activities will be required when such activities are proposed. 3.2 Project Location The City of La Quinta is located on the west side of the Coachella Valley in Riverside County, California. The Valley is one segment of the Colorado Desert in southeastern California. The City is bordered to the south and west by the Santa Rosa Mountains, to the east by agricultural areas and the communities of Indio, Coachella and Thermal (approximately 5-8 miles distant along State Route 111). Palm Springs is located approximately 15 miles northeast of La Quinta, (See Figure 1.). \IequlMe\dre/telr\sec13 13 The Project Area is located in the northern portion of the City, north of Avenue 50. The - 3116 acre Project Area is generally bounded by Washington Street on the west, Fred Waring Drive on the north, Jefferson Street on the east and Avenue 50 on the south. The Project Area also includes property surrounding "Point Happy" which is west of Washington Street and on the north side of Highway 111; the area west of Washington Street at the prolongation of Avenue 48; and property easterly of Jefferson Street north of Highway 111 (see Figure 2). 3.3 Project Objectives The proposed Project consists of the adoption and implementation of a Redevelopment Plan in accordance with California Community Redevelopment Law, [Section 33000 et. seq. of the California Health and Safety Code]. The objective of this Plan is to eliminate conditions of blight by providing needed public improvements, mitigating the impacts of faulty planning, and correcting problems of impaired investments and economic maladjustment. In eliminating these blighting conditions, the Redevelopment Plan will facilitate commercial and residential development as contemplated in the General Plan of the City of La Quinta. The primary reasons for selecting the proposed Project Area include: 1. The need to remedy, remove and prevent physical blight and economic obsolescence in the Project Area. 2. The need to expand the commercial and residential base of the community through assisting and promoting new and continuing private sector investment. r \lapuinta\drMeir\sect-3 14 lI', [! DESERT NOT SPRINGS RIVERSIDE CITY OF LA QUINTA n • PALM bPqINGS LA OUNpA REGIONAL. LOCATION G 2 4 S MILES FIGURE, 1 15 �_== FRED W,ARING DRIVE - �.x I• MILES AVENUE ) I ;. .il AVE UE 4F V.,� ui'. " : 9r v)i 21 HWY — alb .J�`-' •_ - Go �- 311 AVENUEIl48 IL Lu W <►' ; co r = 1 PROJECT e14E> CONTiM5 3,116 RSSE L MORE R , O 1 1' U 11 . W I� r 1LL . . �W.. E 4UIR0 I W — � f ^�'..._ AVENUE 50 � ... PPOJECT .IREI. BOUNpCpT � � O --� CITY RCIINDARY —_—EXIST . PROJECTAREA 40.1 BOUNDARY CITY OF LA DUIMTA REDEVELOPMENT PROJECT AREA NO. 2 FIGURE RE 2 16 jE, 3. The need to encourage the cooperation and participation of residents, businesses, business persons, public agencies and community organizations in the redevelopment of the Project Area. 4. The need to address environmental deficiencies including substandard vehicular circulation systems, inadequate water service, sewer and storm drainage systems, and other similar public improvements. 5. The need to improve and/or provide utility services such as gas, electric and telephone services where such deficiencies are adversely affecting the Project Area. 6. The existence of 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. 7. The need to replan, redesign and redevelop areas within the Project Area that are economically stagnating and/or improperly utilized. 8. The need to recycle and/or develop underutilized parcels to accommodate higher and better economic uses thereby improving the financial viability of the community as a whole. 9. The desire to achieve an environment reflecting a high level of concern for contemporary urban design principles including architecture and landscaping. \Ia uinta\Cmfteir\�63 17 10. The need to promote the creation of new employment opportunities. 11. The need to provide opportunities for the expansion of the community's supply of housing (on a citywide basis) including housing opportunities for tow and moderate income households. 12. The need to plan and implement new development and infrastructure that will result in improved service to the Project Area. 3.4 Project Characteristics The City of La Quinta will undertake a comprehensive redevelopment program to remedy detrimental physical, social and economic conditions. The program will include providing needed public improvements, financial assistance to stimulate quality 401 development, financial assistance to promote rehabilitation of existing improvements and various other activities which would serve as inducements for private investments in the Project Area. In addition to providing needed public improvements and other assistance, the Agency may assist owner participants or prospective developers by providing tax exempt financing to reduce project development costs, by assisting with site acquisition and assembly, and with relocation of existing tenants should this prove to be necessary. Components of the Redevelopment Project Agency Development Assistance In order to ensure the financial feasibility of development and rehabilitation projects in the Project Area, the Agency may find it necessary to directly reduce the cost of \1a wnta\drei v\sx43 18 development or rehabilitation activities. One technique commonly used by redevelopment agencies is the provision of tax-exempt financing. Such incentives may take the form of certificates of participation, lease revenue bonds, industrial development bonds and various forms of tax exempt notes at various terms. Another technique available to the Agency is to acquire property in the Project Area and to "write down" the cost of the land when it is sold or leased to a developer or owner participant. Such land write down would only occur in accordance with an executed disposition and development agreement which provides appropriate assurances that the developer or owner participant would complete the project. Rehabilitation loan programs may be developed to stimulate rehabilitation activities. They provide financial assistance at favorable interest rates or with other favorable terms. ® In some instances, Agency grants may be used to induce rehabilitation activities. Public Improvements It is contemplated that the Redevelopment Plan will authorize the Agency to undertake the construction and financing of public improvements in the proposed Project Area. These public improvements may also be provided, in whole or in part, by private developers depending on the economics of specific development proposals. Given the need for major costly infrastructure improvements in the Project Area, it appears unlikely that private development acting alone can provide all of the needed public improvements in the Project Area. Absent specific information on future development proposals and analysis of project economics for these proposals, all possible public improvement projects are contemplated to be included in the Redevelopment Plan in order to give the Agency \lequinte\tlrenair\segi-3 19 maximum flexibility in implementing the redevelopment program. Should the Agency at any time determine to undertake any of the public improvements listed below, the Agency could do so only after finding that the contemplated public improvements are of benefit to the Project Area or to the immediate neighborhood in which the project is located, and that no other reasonable means of financing the improvements is available to the community. The Agency is specifically authorized to provide or participate in providing the following public improvements or facilities; Figure 3 outlines the general location of these improvements or facilities* * A more detailed discussion of the public improvements can be found within each of the relevant sections of this report. In addition, the Preliminary Report on the Redevelopment Plan herein includes a discussion of the cost estimates for each project (incorporated by reference). TABLE 1 PROPOSED REDEVELOPMENT PROJECTS PUBLIC IMPROVEMENTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel La Quinta Evacuation Channel General Storm Drains - various locations WATER SYSTEM Main Line Distribution Center SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) Main Lines (to lift stations) BRIDGES Washington Street at Whitewater Jefferson Street at Whitewater Avenue 50 at La Quinta Channel $3,530,000 1,200,000 9,000,000 1,585,000 125,000 1,585,000 3,240,000 4,500,000 4,500,000 u 11 �J vMutr,te\arenai,\�-a - 20 Adams at Whitewater 4,500,000 Avenue 48 at La Quinta Channel 4,500,000 Dune Palms at Whitewater 4,500,000 STREET IMPROVEMENTS East/West Streets * Fred Waring Drive * Westward Ho Drive * Highway 111 * Avenue 48 * Avenue 50 North/South Streets * Washington Street * Adams Street * Dune Palms Road * Jefferson Street RAISED MEDIANS Highway 111 1,245,000 Washington Street 1,500,000 Jefferson Street 1,500,000 TRANSITTURNOUTS 14 Locations 140,000 TRAFFIC SIGNALS 10 Locations * Route 111 at Washington 60,000 * Route 111 at Adams , 100,000 * Route 111 at Dune Palms 100,000 * Route 111 at Jefferson 60,000 * Washington at Fred Waring 100,000 * Washington at Miles 100,000 * Jefferson at Fred Waring 100,000 * Jefferson at Miles 100,000 * Jefferson at Avenue 48 100,000 * Jefferson at Avenue 50 100,000 920,000 HOUSING PROGRAMS All housing programs will be funded by the 20% housing set aside program. \laquinta\dYeeir\e 1-3 21 Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Assist in mobile home park conversions. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta. New Housing Affordabilitv Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. Second Unit Program Assist and cooperate with City to implement second unit program to expand housing opportunities within the City. Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Infill Family Rental Housing Provide financial assistance through land purchase and write down to create new small (4 to 8 unit) apartments designed for young families with children. Relocation Housing Provide Relocation Housing Assistance when necessary. COMMUNITY DEVELOPMENT PROGRAMS Provide commercial rehabilitation funds 8,000,000 Provide funds for relocation of commercial/ industrial facilities 2,000,000 Provide funds for demolition of dilapidated structures 500,000 Provide funds for planning services to conduct design/implementation program studies 1,000,000 \laquiritn\drafleir\sect.3 22 COMMUNITY FACILITIES Develop new fire department facility and related equipment to service the Project Area 2,500,000 Develop new parks to service Project Area residents 5,000,000 TOTAL $77,874,000 * Costs are estimated and based upon 1988 dollars RELOCATION ASSISTANCE Community Redevelopment Law requires that relocation assistance be provided to persons, businesses and other entities displaced as a result of redevelopment activities. Relocation assistance is required to include relocation advisory assistance, as well as financial assistance to offset moving expenses and to otherwise assist displaced persons or businesses in locating suitable replacement facilities. 0 Land Use and Development Potential The proposed Redevelopment Plan is intended to facilitate the development/redevelopment of the. Project Area in conformance with the land uses designated by the La Quinta General Plan, shown on Figure 4, While site -:specific development proposals are not a part of the subject Project, the proposed Redevelopment Plan is intended to facilitate the occupancy of vacant structures and the reuse of underutilized land. "A summary of the General Plan land use designations for the Project Area is provided in Table 2. As Table 2 shows, the primary land designation is for residential uses (66.2%). Approximately twenty-two percent (22.3%) of the land within the Project Area is designated for retail commercial uses, and the remaining is for streets, and flood control ® uses (11.5%). Estimation of the development potential is speculative, as a range of \laquime\dMftelr\Sena 23 specific residential and commercial uses are permitted. Using various redevelopment financing mechanisms and public/private partnerships with landowners and participants, the Agency proposes to encourage the reuse of properties where dilapidated structures or unintensive land uses now exist. Although properties where these conditions exist have been identified, no specific projects are proposed at this time. Moreover, future market conditions will inevitably influence the characteristics of future development proposals as these occur over the term of the Project. In order to project a maximum probable estimate of potential development within this context, the following assumption will be used for purposes of environmental analysis: 1. Assuming a 30 percent lot coverage factor, the Project Area can support a total of approximately 3,659,040 square feet of commercial uses. It must be kept in mind that significant increases in density may not occur unless and to until infrastructure eficiencies are alleviated. The EIR analyzes such development as may occur over the next forty (40) years. Nevertheless, the figure shown above provides a basis to analyze the maximum potential development reasonably capable of being realized within the Project Area during the forty -year life of the redevelopment plan. u \1.wnte\dr R.w\sect-3 24 TABLE 2 GENERAL PLAN LAND USE TABLUATIONS Classification Acres % of Total 1. Residential a. Low Density 1,512 48.5% b. Medium Density 430 13.8% C. High Density 120 :3.9% 2. Commercial a. General Commercial 45 1.4% b. Mixed Commercial 650 20.9% 3. Public Owned a. Streets 203 6.5% b. Flood Control Channel 156 :5.0% 3,116 100.0% Source: City of La Quinta General Plan, 1985 as amended through June 17, 1986. 3.5 PROJECT COMPATIBILITY WITH APPLICABLE PLANS ® General Plan of the City of La Quinta In accordance with California Community Redevelopment Law, the proposed Project is consistent with the Land Use Element of the La Quinta General Plan and with other General Plan elements. The proposed Redevelopment Plan will be revised as necessary to conform with any future revisions of the General Plan. Air Quality Management Plan The Project Area is located in the Southeast Desert Air Basin (SEDAB) which is governed by the South Coast Air Quality Management District (SCAQMD) and the California Air ® Resources Board (CARB). The SCAQMD enforces regulations for stationery sources in \1epuin1n\d,e6Ae -3 25 the basin, while CARB oversees the control fo motor vehicle emissions. The Southern California Association of Governments (SCAG) and Coachella Valley Association of Governments (CVAG) are responsible for preparing an Air Quality Management Plan for eastern Riverside County. The City's General Plan must be consistent with the Air Quality Management Plan (AQMP), Redevelopment Plan consistency with the AQMP can be determined by comparing the Redevelopment Plan with the City of La Quinta's General Plan. As noted above, the Redevelopment Plan is consistent with the General Plan; therefore, the Redevelopment Plan is considered consistent with the Air Quality Management Plan. Redevelopment is favorably viewed by the AQMP, as redevelopment typically involves the intensification of land uses thereby concentrating the number of vehicle miles traveled in any given area. A decrease in vehicle miles results in a reduction of automobile -related emissions and a relatively beneficial impact upon air quality results. 11 \Ia uinta\drafleir\seq-3 26 V ~ MILES �AVENUE o [PILE w a e a TpM Pi[O 04 - SINALOA - Ou.inNGO � 60NOP> . F.xsE xooA PflOJECT Ep CO 5 5 MOPEE ON LON E55 71 W C ■tl m 7-7 2 1 i•iLEBPUS I \ 40 r • PROJECT AREA B JU IMXl ---CITY BOINDARY EXIST, PROJIST AREA NO.I BOUNDARY CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 MAJOR INFRASTRUCTURE IMPROVEMENTS *BRIDGES NEEDED O SIGNALS NEEDED BRIDGE 'STREET ••FLOOD CONTROL CHANNEL IMPROVEMENTS NEEDED IMPROVEMENTS NEEDED ••• IMPROVEMENTS NEEDED S,II '�I RRii• ERE . PRIM, L=l T-A 14, —A LE4END PROJECT ABU BOUNDARY CITY SOIINDARY EXIST. PROJECTARt A NO, I BOUNDARY CITY OF LA QUINTA TI REDEVELOPMENT PROJECT AREA NO. 2 Gj GENERAL PLAN LAND USE c O RESIDENTIAL COMMERCIAL MISCELLANEOUS LOW DENSITY GENERAL m MEDIUM DENSITY COMMERCIAL MIXED USE WATER COURSE - HIGH DENSITY COMMERCIAL FLOOD CONTROL I� 4.0 OVERVIEW OF THE ENVIRONMENTAL SETTING 4.1 Land Use Characteristics Existing land use within the Project Area is primarily residential. Relative to the total amount of land in the Project Area, commercial use represents a small percentage. A significant amount of the Project Area has been subdivided for urban residential use, but has yet to be developed. (Please see Section 5.1 Land Use, for a more detailed discussion.) A limited amount of property is devoted to agricultural uses (177 acres or 5.7% of the total Project Area acreage), mainly citrus groves. No property within the Project Area is part of Williamson Act contracts. 4.2 General Description of the Environmental Setting The City of La Quinta is located in the Coachella Valley portion of the Colorado Desert. This Valley forms the northern arm of the Colorado Desert, and is a true desert region with record maximum temperatures over 1200 F. The annual precipitation is less than four (4) inches. Average yearly temperatures range from a high of 890 to a low of 570 F. Summer highs average over 1000 F, and winter lows average about 400 F. Wind intensity through the Valley can cause soil erosion with resulting "blowsand" where vegetation is sparse (see Figure 5). The intensity of the wind is greatest at the northern end of the Valley, while diffusion of the wind dissipates intensity in the southern reaches. La Quinta is located on the western edge of the Coachella Valley which is the northern end of a large depression that extends southward to the Gulf of California. The Indio Plain, which includes that portion of the Coachella Valley in which La Quinta is located, is a large structural depression that has been filled with sedimentary and alluvial deposits. The elevations within the incorporated City boundaries range from 1,680 feet in the 0 southwest corner to 60 feet above sea level in the northeastern corner. v�� ,a 29 TWENTYRIME YUCCA PALMS JOSHUA TREE `San BernardinO�CO. CATMED C k- P�w 11 SALTON SEA Rg� Rg San Diego Co. = DESERT SHORES a D 1 ml 5 ml 10 ml CITY OF LA QUINTA TOM FERFUM OURUIO Active Blowsand Area FIGURE 5 30 There are three major geologic zones within the City. These correspond to the existing 19 topography and includes the mountain -hillside zone, the hillside terrace zone and the valley floor zone. Portions of the Santa Rosa Mountains comprise the mountain -hillside zone and are located in the southern half and western edge of La Quinta. The hillside terrace zone includes the alluvial deposits derived from weathered material from the Santa Rosa Mountains. There terrace deposits consist of Quanternary alluvial fan and stream deposits and are found in the cove area and east of Lake Cahuilla. The valley floor zone includes the areas north of the cove which consist of aeolian (i.e. wind blown) sand deposits, and west of the Coachella Canal comprised of sedimentary deposits from ancient Lake Cahuilla. Seismicity La Quinta is located in a seismically active region. There are numerous active faults ® located to the north and south of the City. The most active, and largest, fault zone in the region is the San Andreas Zone located approximately 6 miles northeast of the City ,1 Six active faults comprise this zone, including the Mission Creek, Banning, Garnet: Hills, Indio Hills, Mecca Hills and the San Andreas faults. There is a significant probability that the San Andreas fault will be responsible for an earthquake that will have a Richter magnitude in excess of 7.5 in the next 50 years. The San Jacinto and Elsinore fault zones are located approximately 12 to 19 miles southeast of the City. The San Jacinto fault zone is considered one of the most active in the State and includes the Buck Ridge and San Jacinto faults. Smaller faults are suspected to exist in the Santa Rosa Mountains to the west and south of the City. The \�qujnta\�31 Oasis fault trace is located in the southeastern corner of La Quinta and has not been seismically active in historic times. In the event of a major earthquake, some areas of the City should experience liquefaction, surface ruptures, lateral spreading, and landslides. The distance from the earthquakes epicenter, Richter magnitude, soil and subsoil characteristics and the type of fault movement will determine the nature and intensity of ground motion generated by an earthquake. The locations of known and suspected faults in La Quinta and portions of the City subject to groundshaking and liquefaction are shown in Figure 12. The locations of major fault zones in the western portion of the Coachella Valley are shown in Figures 12 & 13. Flooding La Quinta, and the adjacent watersheds, are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. The largest watershed system in the area is Bear Creek which enters La Quinta from the southwest. Bear Creek divides at the head of the alluvial fan located south of the Cove area and the two smaller streams continue north on each side of the Cove. The watershed on the eastern side of the Coral Reef Mountains contain numerous intermittent streams, all of which drain into Lake Cahuilla. Other watersheds on the western slope of the Santa Rosa Mountains, located to the east of the city, drain into the eastern branch of Bear Creek (see Figure 15). L.J \1 auinta��< 32 The Whitewater River crosses the northern portion of the City and drains into watersheds t located on Mt. Jacinto. This river would be responsible for flooding the northwestern 4 portions of the City in the event of a 100 year flood. Portions of La Quinta have been n identified by Federal Emergency Management Act mapping as being prone to flooding in the event of a 100 year storm as shown in Figure 16. 4.3 Socioeconomic Character Population The current population of the City of La Quinta is 9,200 (State Department of Finance 1988). The projected population of the City of La Quinta in the year 2,000 is between 23,840 and 25,396 using data supplied by the U.S. Census, State Department of Finance, SCAG, Coachella Valley Association of Governments and the La Quinta Planning Department. Housina The State Department of Finance 1986 Special Census indicated that the total number of housing units in the City of La Quinta was 3,880 in April 1986. This housing stock was composed of 3,380 single-family dwelling units, 268 multi -family dwelling units and 232 mobile homes. As of April, 1986, the vacancy rate was 33.66 percent. Approximately 1,306 units were available for occupancy city wide. 4.4 Biological Setting - Fringe -Toed Lizard The proposed Project Area lies within the boundaries as drawn by United States Fish and Wildlife Services of the historical habitat of Coachella Valley fringe -toed lizard. Since 1980 the fringe -toed lizard has been listed as a threatened species by the Fish and Wildlife Service under the Endangered Species Act and as an "endangered species" by \Iaaujnte\� � 33 the California Department of Fish and Game under the California Endangered Species Act. Although the Federal Endangered Species Act provides for civil and criminal penalties for the "taking" of a fringe -toed lizard, the law had not been enforced until 1983. At that time local environmental groups, arguing that the development of property in the Coachella Valley resulting in the killing or "taking" of the fringe -toed lizard, threatened to sue the United States Fish and Wildlife Service if they did not enforce the Act. Faced with an effective moratorium on development in the Coachella Valley, local development interests, together with environmental groups, the nine cities of the Coachella Valley, Riverside County, the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the Nature Conservancy undertook discussions about how to comply with the law while letting development continue. These discussions led to the preparation of a "Habitat Conservation Plan" (HCP) for the fringe - toed lizard. With an approved Habitat Conservation Plan in place, providing for mitigation measures sufficient to reasonably assure the continued preservation of a threatened species, the U.S. Fish and Wildlife Service may issue a "10A Permit", according to Section 10A of the Endangered Species Act. This permit allows "incidental taking" of a threatened species, and would therefore allow development in the Coachella Valley to continue. The Habitat Conservation Plan anticipates acquiring a 13,000 acre preserve for the fringe -toed lizard, located in the Thousand Palms/Thousand Palms Canyon area of the Coachella Valley north of Interstate 10. 11 \1�ul�\� 4 34 V The acquisition and maintenance of this Preserve will be achieved through a variety of sources including a "developer fee" to be assessed on an acreage basis upon practically all underdeveloped land in the Coachella Valley as it develops. Major anticipated funding sources are as follows: Nature Conservancy Contribution: Bureau of Land Management Exchange: Land and Water conservation Fund: (Administered by Congress) State of California: Developer Fees: Total $ 2,000,000 5,000,000 10,000,000 1,000,000 5,000 000 to 7,000 000 $23,000,000 to 25,000,000 The Nature Conservancy has purchased 2,000 acres within the reserve and has an option to purchase approximately 8,500 additional acres. The California Department of Fish and Game has acquired approximately 500 acres. Pending the completion of the HCP and the granting of a 10A permit, development is continuing under an informal agreement. Developers are depositing with either the City or County, or the Nature Conservancy, cash, a letter of credit or a bond equal to $750 per acre for each acre they propose to develop. The cash, letter of credit or bond will be held until a final agreement is reached as to the exact amount of the developer fee and a 10A Permit is granted. After the 10A Permit is granted, the fee will be paid upon the earlier of the issuance of a building permit or a grading permit. \laquinta\sa 35 5.0 ENVIRONMENTAL IMPACT ANALYSIS New Development would be phased over the 40-year life of the Project and would have a variety of environmental effects. The specific impacts of new development cannot be effectively defined until site -specific development proposals are known. However, each specific development proposal will be subject to particularized environmental evaluation. Future site -specific development proposals will be subject to individual environmental review including the preparation of subsequent and/or tiered EIRs as necessary to assure compliance with CEQA. At this time, the level of potential impacts can only be generally based upon an assumed development potential for the Project Area. 5.1 Land Use EXISTING CONDITIONS Land Use Controls Land use and development potential for the Project Area is explicitly guided by the City of La Quinta General Plan and the zoning ordinance. The General Plan designates 66.4 percent of land area for residential use, another 22.2 percent is for commercial use, 6.5 percent for streets and 4.9 percent for flood control facilities (see Table 2). The geographical distribution of General Plan Land Use categories is shown in Figure 4. Table 3 illustrates the distribution of existing zoning categories. The predominate zone categories are R-1, R-2 and R-3 (75.5%) as well as the right-of-way, and flood control channel (11.4%). The geographic layout of the zone categories is shown in Figure 6. Existing Uses The proposed Project Area is located in the north section of the City of La Quinta and encompasses approximately 3,116 acres. The Project Area is urbanized and is developed with a mixture of agriculture, residential and commercial land uses. Table 4 Va Uinta\�36 shows that 44.5 percent of the Project Area is devoted to residential uses. Streets and flood control right-of-way comprise 11.4 percent of the Project Area. Figure 7 designates the geographic location of the various existing land uses. Blighting Conditions The boundaries of the Project Area were selected to focus on lands where conditions of blight are presently causing a lack of proper utilization of the area to such an extent that the community is physically, socially or economically burdened. In addition, these conditions create serious burdens that cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. Certain evidence of blighting conditions found to exist in the Project Area is documented in the "Preliminary Report for the Redevelopment Project Area No. 2", prepared for the La Quinta Redevelopment Agency by Rosenow Spevacek Group, Inc. (June 1988). The blighting characteristics, as defined by the California Health and Safety Code and documented in the Preliminary Report, include the following: o Economic Dislocation, Deterioration and Disuse o Irregularly Formed of Shaped Lots o Lots Laid Out in Disregard to Physical Characteristics o Inadequate Public Improvements o Inadequate Public Facilities and Utilities ENVIRONMENTAL EFFECTS Implementation of the proposed Project is intended to alleviate the existing conditions of blight in the Project Area, and, thereby effect an overall beneficial impact on land use. The proposed Redevelopment Plan is consistent with the La Quinta General Plan and zoning ordinance. Thus, the Redevelopment Plan represents the City's goals and objectives for the development of land in the Project Area. 11 \1a uima\�37 •�T:'•4 J.i. A,'PSi.i::C.i:v::i.:!.:.:: t ti .osE uwa iROJFCT 4RfR CONialNS D.NE LORE MORE OR EE55 x� a OETA/L—A 1 i III „'I i of r aaE.o v i PROJECT .RE. 9WRMRT OIT1 RT EXIST. PROJEPROJECT PPE.1 N0.1 --- BOIINOPflT CITY OF LA QUINTA 'n REDEVELOPMENT PROJECT AREA NO. 2 r� EXISTING ZONING ` Q 2 A-1 R-3 El RAP I' R-T ® W'I H' —2 ® CPS INCLUDES SR ED b ... . sy , I j1i. ....III ' ^ 4 r �y.rr . rA IIRI.}.r .s.�6PRd •\ •�iB, ARM P3.o oo a= '1 �r v ExV � _ y f i` � °0000 ♦�AINS ` ♦ Em A!}SI,T. lE�4Bwl RR� rr / 11 acmie " InMa60 6 SIM4L04 . � � ENSE Noon PROJECT iREA CONTAIN5 6 ACRE 5 MORE OR LESS s �c m m I �\\\ \\�\\\\\\\\\\\\\\MIN AvcxuE ' h\ — JbSO m\ \k\\\\\ b oETA/L^A a i— a \ 0o a°0 °o a goon°ooamo I"' „ oa 00000p0000° s Jl 4 o° °.A'EvuE Q o AB o o P� OETA/L—A ' C y� I I [u[ Irlf 5[ MEA M PROJECT AREA BOUNDARY CITY BONNOARY Q EXIST. PROJECT AREA NO.1 BOUNDARY CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 EXISTING LAN® USE ElAO R I CU LT U R E In COMMERCIAL RESIDENTIAL Tfl 00 (LOW DENSITY) PUBLIC FINAL MAPS RESIDENTIAL IEDIIUM DENSITY) ® ( FLOOD CONTROL ® TENTATIVE MAPS Implementation of the General Plan is expected to result from the encouragement of commercial and residential development through a variety of financial incentives, and the provision or upgrading of the necessary public service infrastructure to serve such development. Rehabilitation and reconstruction may occur in the presently developed areas. However, the precise extent to which either new development or rehabilitation will occur in the Project Area is unknown at this time due to the absence of any specific proposals for such activities and the unpredictability of future economic conditions. The existing blighting conditions in the Project Area are proposed to be alleviated through Project implementation in the following ways: expansion and development of commercial land uses, the development of new dwelling units and the upgrading of public facilities and the public service infrastructure. MITIGATION MEASURES Relocation advisory assistance shall be furnished by the Agency to business establishments, if any, whose property is acquired by the Agency in connection with implementation of the proposed Project. Relocation payments will be made to any businesses displaced by the Project according to Agency rules and regulations adopted pursuant to California Government Code and guidelines. The Agency could also provide additional financial assistance which, in the Agency's opinion, may be necessary to carry out the purposes of the proposed Project, subject to the availability of funds for such purpose. \�,Wnta\�-� 40 TABLE 3 ZONING Classification ACRES % of Total 1. Agricultural 97 3.1% 2. R-1 1,120 35.9% 3. R-2 1,124 36.1 % 4. R-3 110 3.5% 5. R-T 30 1.0% 6. CPS 280 9.0% 7. W-1 (Flood Control) 152 4.9% 8. Streets 203 6.5% TOTAL 3,116 100.0% Source: City of La Quinta Zoning Map, 1982 as amended through October 15, 1987. TABLE 4 EXISTING LAND USE Classification ACRES % of Total 1. Agricultural 177 5.7% 2. Residential (Low Density)* 466 15.0% 3. Residential (Medium Density)* 920 29.5% 4. Commercial* 40 1.3% 5. Public 40 1.3% 6. Flood Control 152 4.9% 7. Streets 203 6.5% 8. Vacant 1,115 35.8% TOTAL 3,116 100.0% *Include Tentative & Final Maps Sources: RSG Land Use Survey, 1988 As site -specific projects are developed the Agency should minimize land use conflicts through: o Proper site layout and design. 40 41 IE 5.2 Population and Housing Table 5 presents available 1986 population and housing statistics for the City of La Quinta. It is assumed that the Project Area is representative of the population and housing characteristics of the entire City. TABLE 5 POPULATION PER DWELLING UNIT 1986 Population DU Occupied DU Population Per DU City of La Quinta 7,464 3,880 2,574 2.90 AGE CHARACTERISTIC OF THE POPULATION 1970-1980 AGE RANGE 1970 1980 Change 0-4 51 4.3% 388 11.7% 660.7% 5 - 19 236 19.8% 734 22.0% 211.0% 20 - 24 53 4.5% 345 10.4% 550.9% 25-54 379 31.8% 1,346 40.4% 255.1% 55 - 64 233 19.6% 274 8.2% 17.5% 65 - 74 185 15.5% 195 5.9% 5.4% 75+ 53 4.5% 46 1.4% -13.2% Total 1,190 100.0% 3,328 100.0% 179.6% Median Age 39.0% 27.1% Source: 1970, 1980 U.S. Census 42 RACE AND ETHNICITY 1970-1980 RACE/ETHNICITY 1970 1 % 1980 American Indian N/A 35 1.0% Asian N/A - 21 0.6% Black 3 0.3 94 2.8% White 1,174 99.7 3,008 90.4% Other N/A - 15 0 5% TOTAL 1.190 Hispanic 170 Source: 1970, 1980 U.S. Census ENVIRONMENTAL EFFECTS 100.0% 3,328 100.0% 14.3 155 4.7% The purpose of redevelopment is to encourage economic expansion and reinvestment. Over time, given favorable market conditions, new development will be attracted to the Project Area. This development would generate employment for local residents as well as for those who may migrate to the area, thereby increasing the demand for housing. Residential units will be developed in accordance with the General Plan, Housing and Land Use Elements. Hence, it can be assumed new residential development will occur in the Project Area. In addition, it is required that a minimum of 20 percent of the tax increment be used to increase and improve the supply of low -moderate income housing which may be constructed inside or outside of the redevelopment project areas. This housing would be provided in conformance with the General Plan Housing Element which considers SCAG growth projections. Therefore, redevelopment related growth in population and housing in the Project Area would be consistent with SCAG growth projections. 11 \1�uin,a\s« -� 43 MITIGATION MEASURES 40 Not less than 20 percent of all taxes which are allocated to the Agency in accordance K.° with Section 33334.2 of the California Health and Safety Code shall be used by the Agency for purposes of increasing and improving the City's supply of housing for persons and families of low and moderate income. Any residential displacement resulting from Project implementation will be mitigated as described in Section 5.1 of this report. Development of the Project Area in accordance with the La Quinta General Plan is expected to ensure the attainment of the City's goals for balanced land use and housing within the community. 5.3 Traffic and Circulation The following traffic analysis has been summarized from the traffic study prepared by B.S.I. Consultants, Inc. (reproduced in Appendix C of this report). The traffic volume data is presented on an average daily traffic (ADT) basis. It should be noted that these ADT values are generalized capacity measures. More precise capacity evaluation requires the use of peak hour data, and in particular, peak hour turning movement volumes at individual intersections. However, with the broad scale and nature of the Project, and in particular the generalized intensity assumptions used to define the Project itself, the ADT analysis is considered satisfactory to show the impact of the Project on the circulation system. \1� ujna\�-� 44 EXISTING CONDITIONS Figure 8 shows the existing Master Plan of Streets, and Figure 9 gives current ADT volumes. Critical arterials in the Project Area include Jefferson Street, Washington Street and Highway 111. The City of La Quinta has various traffic improvements which could result in capacity increases on specific portions of the circulation system. The improvements are listed as mitigation measures in this report. Land Use Projections The primary area of impact for this Project comprises that portion of the City of La Quinta contained within the Project Area. While this part of the City is largely undeveloped at the present time, major increases in dwelling units will occur, and a substantial increase in non-residential development can occur through intensification. One source of data which provides an estimate of this increase is the employment and demographic projections produced by SCAG (Southern California Association of Government). The most recent projections were prepared in 1988 and can be summarized as follows for this designated area: 1985 Post 2010 Increase Population 6,195 29,632 23,437 Dwelling Units 3,719 14,769 11,050 Employment 780 5,000 4,220 Hence, this primary area is estimated to increase in population from its present level of 9,200 to 29,632 under buildout (labeled here as Post 2010). The corresponding increase in employment is from 780 to 5,000, a 541 percent increase compared to the 378 percent increase in population and 297 percent increase in dwelling units. v�a� a 45 {4 \ A Sr. : `f o� J r Fi` ,I 5 4 �LPLLEx £ £ - � m iPMPi40 Px60 SONOAa ' � FNSE NnOP FFOJECt PREP CONTLINS PORES MOPEE OR LE55 - AVENUEI I -_ AVENUE 46 w d ,w w ur m� I O <, AVENUE ke rlv�>•ieldll�Il�I II -1 L I �I1 V .'S/E VeNONU5i1 1 ' .I ` 1 AVENUE U z a W. yS B` 1i{11��i, g. Q ° II cSE7-A/L—A I CITY OF LA OUINTA 'r1 REDEVELOPMENT PROJECT AREA NO. 2 CIRCULATION SYSTEM I 1111 MAJOR ARTERIAL •-•COLLECTOR 120 FOOT RIGHT OF WAY 84-72 FOOT RIGHT OF WAY Ilplll 13 ■IIIPRIMARY ARTERIAL PROJECT AREA m 100-110 FOOT RIGHT OF WAY BOUNDARY11' . SECONDARY ARTERIAL 88 FOOT RIGHT OF WAY FRED W.ARING DR r- � = o .✓f _I rn ro 1 7_. yWIN r'+o( - < ._ • - .i OETA/L`•A - al HWY 21 125.000 d T u a :.. , a 2 3 AVENUE 48 E 12,000 w ' 1 Z I ,,� _ ; �. 7 mlto AVENUE 50 28,000 PFOJEC� ORE• CONiaixS �/ i ' J,n6 MORE OR ON 1E51 E � PNOJECT A.U..'c',"W �• CIt1 EOI..All U EXIST PROJECTAKA NO 9 NOAPt CITY OF LA DUINTA REDEVELOPMENT PROJECT AREA NO. 2 FUTURE DAILY TRAFFIC VOLUMES `AT BUILD-OUTI FIGURE 9 47 - -- ENVIRONMENTAL EFFECTS Project Trip Generation Over the proposed life of it is estimated that trip generation in that area of the City will increase by 58,000 trips per day. Over 60 percent of this increase is due to the residential use. The buildout condition analyzed here would add over 4,800 units to this type of land use with a trip generation rate of 10 trips per day per unit compared to 70 trips per 1,000 square feet of commercial use. MITIGATION MEASURES Implementation of proposed circulation system improvements will help to mitigate further, incremental increases in Project Area traffic resulting from new development. However, during the environmental review process for all new development proposals in the Project Area, individual traffic study reports which are cumulative in scope and ® prepared by a licensed traffic engineer should be required. The reports will help to ensure that any needed mitigation projects will be in place prior to the approval of any 11 development which may result in a significant impact on the local circulation system. All the arterials in this area may potentially need upgrading depending on the scale and geographic distribution of redevelopment activity. The following are recommendations for street improvements, bridges and traffic signalization. Street Improvements East/West Streets o Fred Waring Drive o Westward Ho Drive o Highway 111 o Avenue 48 o Avenue 50 v�� Ma 48 North/South Streets o Washington Street o Adams Street o Dune Palms Road o Jefferson Street Bridges o Washington Street at Whitewater (widening) o Jefferson Street at Whitewater o Avenue 50 at La Quinta Channel o Adams Street at Whitewater o Avenue 48 at La Quinta Channel o Dune Palms at Whitewater Raised Medians o Highway 111 o Washington Street o Jefferson Steet Transit Turnouts o 14locations ddik IV Traffic Signals o Route 111 at Washington Street o Route 111 at Adams Street o Route 111 at Dune Palms Road o Route 111 at Jefferson Street o Washington Street at Fred Waring Drive o Washington Street at Miles Avenue o Jefferson Street at Fred Waring Drive o Jefferson Street at Miles Avenue o Jefferson Street at Avenue 48 o Jefferson Street at Avenue 50 5.4 Air Quality EXISTING CONDITIONS La Quinta is located within a region identified as the Southeast Desert Air Basin (SEDAB), encompassing primarily agricultural and residential areas. SEDAB is \]e Uime\x -e 49 separated by the San Gabriel, San Bernardino, and San Jacinto Mountain ranges from ® the more populous South Coast Air Basic (SOCAB). The responsibility for achieving and maintaining clean air has been assigned to the South Coast Air Quality Management District (SCAQMD) for SOCAB and the Riverside County portion of SEDAB in which the Project Area is located. In addition to SCAQMD, the Southern California Association of Governments (SCAG) and Coachella Valley Association of Governments (CVAG) are responsible for preparing an Air Quality Management Plan for eastern Riverside County. Air quality standards and episode criteria, established by both State and Federal Governments, are related to a series of air contaminants, including photochemical oxidant carbon monoxide, sulphur dioxide, nitrogen dioxide, total suspended particulates (TSP), lead and sulfate. Air quality standards are set at concentrations which provide a sufficient margin to protect public health and welfare. Episode criteria ® define air pollutant concentrations at the level where short-term exposure may begin to affect the health of that portion of the population especially susceptible to air pollutants. An inventory of emissions by source has been developed by SCAQMD for the Riverside County portion of SEDAB. Motor Vehicles were shown to account for greater than two- thirds of the oxides of nitrogen and reactive organic gas emissions. Agricultural and structural fires account for approximately two-thirds of the particulate matter emissions. Emissions levels experienced in SEDAB may be put in perspective by recognizing that reactive organic gas emissions were 15 percent of SOCAB, and oxides of nitrogen were 8 percent of SOCAB. While SEDAB does have higher per -capita emissions, the area over which emissions are spread is approximately four times greater, resulting in substantially lower emissions per unit area. It should also be noted that many air contaminants existing in SEDAB are transported by prevailing winds from polluted areas of SOCAB. V�umte\�.� 50 The State Air Resources Board has designated the entire Riverside County portion of SEDAB as a non -attainment area for photochemical oxidants and total suspended particulate matter (TSP). A non -attainment area is designated as such by having violated State air quality standards at least twice in any 12-month period during the past 8 quarters. Air quality data specific to the Project Area are not available due to the lack of a monitoring station in the immediate area. However, monitoring stations in Palm Springs and Indio provide a suitable data base for estimating the air quality in La Quinta. Non- compliance with ozone standards at these two stations is largely the result of transport from SOCAB via the prevailing winds. It is unlikely that ozone levels will decrease unless significant progress is made in improving the air quality of the SOCAB. 11 Total suspended particulates (TSP), in comparison, are more typically a locally created problem. Wind-blown dust, soil and sand are probable the principal sources of widespread violation of TSP standards in the SEDAB ENVIRONMENTAL EFFECTS Air quality in La Quinta may be affected by the proposed Project in a variety of ways, including short-term flood control facilities construction impacts as well as long-term emission increase due to future growth in the area. These will be discussed separately in the following review. The main concern over flood control facilities construction emissions is due to fugitive dust generated during clearing, grading, earth -moving and construction vehicle traffic on unpaved surfaces. The U.S. Environmental Protection Agency's "Compilation of Air \[a Ut as\s t-� 51 Pollution Emission Factors, AP-42" suggest an emission factor of 1.2 tons of dust emitted per acre of soil disturbed per month of activity. This emission factor can be reduced by about one-half through regular watering for dust suppression. Since the exact number of acres and phasing of the facilities is not know at this time, reasonable estimates of actual dust emissions are not possible. However, as a general reference, it can be noted that for every two acres of land disturbed at any given time, approximately 3.9 tons per day of dust would be generated. Much of this dust will be of a large particle size that will settle out in nearby residential areas on foliage, vehicles and other horizontal surfaces where it may create a temporary nuisance. Because much of this dust is of a larger particle size, it will be effectively filtered by the breathing passages of downwind receptors. Heavy-duty construction equipment emissions vary considerably from day to day and ® among various pieces of equipment. Gasoline -powered equipment produces relatively high amounts of CO, but diesel combustion has higher emissions of NOx than gasoline - powered equipment. Compared to other mobile emission sources such as arterial roadways, construction equipment emissions are relatively small, and any ambient air quality impact from such sources will be similarly minimal. W] On a long-term basis, air quality would be affected by both periodic temporary construction during development projects and by a gradual increase in traffic and activity in the area. Emissions from both mobile and stationary sources will likely increase as the area experiences growth. Construction of flood control facilities, a component of the redevelopment plan, would enable such growth to occur. veauima\�t� 52 Temporary construction impacts of possible future development would result in essentially the same impacts as previously mentioned regarding construction of flood control facilities. These impacts may not be fully assessed at this time since development plans are not a part of this Project. However, in order to reasonably estimate air quality impacts resulting from future development, future emissions are provided based on projections for future traffic and population estimates. Data presented in Table 6 represent calculations derived from the California Air Resources Board Air Quality Handbook. These emissions are general estimates only, assuming full buildout capacity of the Project Area. These data are intended to give a reader a concept of eventual air quality impacts that may face the area should development occur. Specific impacts cannot be fully assessed at this stage of planning; therefore, air quality analysis should be required as part of future development and planning procedures. The Project Area falls under the jurisdiction of the Southeast Desert Air Quality Management Plan. Standards and policies under this plan should provide sufficient guidelines regarding air quality compliance during future planning and development projects. 53 TABLE 6 EMISSIONS FROM ULTIMATE PROJECT AREA BUILDOIJT Source CO THC2 NMHC3 NO,, SOX TSP MOBILE SOURCESI Emission Factor4 (gm/mile) 14.85 1.44 1.23 1.93 0.20 0.31 Vehicle Emissions (lbs./day) 13,131 3,795 3,241 5,086 527 816 STATIONARY SOURCES Electricity 73 62 835 980 145 Gas 59 24 - 268 negl 0.44 TOTAL EMISSIONS 39,263 3,881 3,241 6,189 1,507 961 Note: Average daily trips (ADT) = 157,368, based on projections in Traffic/C'rculation section. 7.6 x 157,386 = 1,196,336 vehicle miles traveled ® per day. 1 Assumption: Vehicle miles traveled (VMT) factor = 7.6 miles (average for external/internal project site trips). 2 Total hydrocarbons, includes non -methane hydrocarbons. 3 Non -methane hydrocarbons, reactive (85% of THC). 4 Assumption: Standard vehicle mix; average speed of 35 mph; 750; year 1990. MITIGATION MEASURES 1. All future development shall comply with resolutions outlined in the "Southwest Desert Air Basin Control Strategy" (a revision to the State Implementation Plan). Specifically, all future development must comply with the requirements of the following plans: a. Air Quality Management Plan, Southwest Desert Air Basin, Riverside County 54 b. Air Resources Board Resolution 79-79 MIL C. Air Resources Staff Report IF 2. Communitywide planning strategies should stress the reduction of vehicular trips and trip lengths through encouraging commercial services convenient to residences, and alternative transportation facilities such as bicycle lanes, increased public transit, and carpooling. 3. More routine bus service should be encouraged as new growth occurs. Additional bus stop locations should be planned to invite bus ridership. 4. The generation of fugitive dust during grading activities should be minimized by frequent watering of the soil and curtailment of activities during periods of high winds. 5. Provide traffic signalization where feasible. 6. Provide energy conserving street lighting. 5.5 Noise EXISTING CONDITIONS Noise is defined as any unwanted or excessive sound. It, is an undesirable byproduct of transportation systems and certain land uses. The full effect of noise on individuals in the community varies with the duration of the noise, its intensity and frequency, and the tolerance level of those exposed. A common method of measuring sound pressure is in units of decibels (dB). A sound level scale has been developed to measure sound in a way similar to how a person hearing the sound responds. This scale called an A -weight scale, often indicated by using the abbreviation dB(A). Table 7 shows various sources and the typical A -weighted sound levels associated with them. For example, a quiet, urban daytime sound level is typically 50 dB(A). U 55 Afflk State noise standards for land use compatibility are typically defined through the use of the Community Noise Equivalent Level or CNEL. Because people respond to noise differently during the evening and nighttime hours than during daytime hours, noise occurring at the more sensitive time periods is generally more unacceptable. Then CNEL attempts to account for this diurnal shift in noise acceptance. A -weighted sound level noise events occurring during evening (7:00 p.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) hours are respectively, 5 and 10 dBA, heavier than daytime (7:00 a.m. to 7:00 p.m.) events due to increased sensitivity to noise during those periods. ENVIRONMENTAL IMPACTS Potential noise impacts are commonly divided into two groups; temporary and long term. Temporary impacts are usually associated with noise generated by construction activities. Long term impacts are traffic noise impacts on surrounding land uses generated by the Project. Construction Noise Construction noise represents a short term impact on ambient noise levels. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers and portable generators can reach high levels. Noise levels for equipment which might be used for construction are presented in Table 8. Note that the noise levels presented are for a distance of 50 feet. The noise levels in Table 8 decrease at a rate of approximately 6 dBA per doubling of the distance. Therefore, at 100 feet: the noise levels will be about 6 dBA less than reported in the figure, Similarly, at 200 feet the noise levels would be 12 dBA less than indicated in the figure. If problems do arise, the most effective method of controlling construction noise is through enforcement of the City of Uagwma�seco-se 56 La Quinta Noise Ordinance. The Noise Ordinance limits the hours of construction to • normal weekday working hours. Long Term Noise Impacts The proposed Project will generate traffic as discussed in Section 5, and as a result may alter noise levels in surrounding areas. To assess the impact of the proposed Project on noise -sensitive land uses in the City, the increases in roadway noise levels along all of the City's arterial roadways and the adjacent freeways were determined. Changes in noise levels greater than 3 dBA are often identified as significant, while changes less than 1 dBA will not be discernible; local residents who are very sensitive to noise may perceive a slight change. No scientific evidence is available to support the use of 3 dBA as the significance threshold. In laboratory testing situations humans are able to detect noise level changes of slightly less than 1 dBA. However, in a community noise situation the noise exposure is over a long term period, and changes in noise levels occur over years, rather than the immediate comparison made in a laboratory situation. Therefore, the level at which changes in community noise levels become discernible is likely to be some value greater than 1 dBA, and 3 dBA appears to be appropriate for most people. The result of the noise study indicates that along a number of roadways, the Project will result in a significant increase in noise levels. A number of roadways in the City will experience noise increases of 3 dBA or more. Since the Project is consistent with the City of La Quinta General Plan, the noise impacts due to the Project are not considered to be new impacts. The proposed Project will add u \I�Ui�\�3 57 TABLE 7 TYPICAL dBA INDOOR AND OUTDOOR NOISE LEVELS 0 Common Indoor Common Outdoor Public Reaction Noise Level Noise Levels Noise Levels 110 Rock Band Jet Flyover 100 Inside Subway Train Gas Lawnmower at 3 ft. Letters of Protest gp Food Blender at 3 ft. Diesel Truck at 3 ft. Complaints Likely 80 Garbage Disposal at 3 ft. Shouting at 3 ft. Noisey Urban Daytime Complaints Possible 70 Vacuum Cleaner at 10 ft. Normal Speech at 3 ft. ® Gas Mower at 100 ft. Complaints Rare gp Large Business Office Commercial Area Heavy Traffic at 300 ft. Dishwasher Next Room 50 Quiet Urban Daytime Acceptance 40 S mall Theater Quiet Urban Nighttime 30 Library Quiet Suburban Nighttime Bedroom at Night 20 Concert at Night Quiet Rural Nighttime Broadcast and Recording 10 Studio 0 Threshold of Hearing i Source: Caltrans Noise Manual 58 TABLE 8 CONSTRUCTION EQUIPMENT NOISE RANGE LEVELS Noise level (dBA) at 50 Feet 60 70 80 90 • 100 110 COMPACTERS (ROLLERS) ■ FRONT LOADERS z BACKHOES z o' z = TRACTORS w z o co W SCRAPERS,GRADERS co J PAVERS J z TRUCKS w z } m z CONCRETE MIXERS ONE � W J z . W CONCRETE PUMPS a J z Q CRANES (MOVABLE) NOW w a w CRANES (DERRICK) W PUMPS } z z g GENERATORS a MON COMPRESSORS LU PNUEMATIC WRENCHES ON a JACK HAMMERS, ROCK DRILLS AMMON Q U Q 2 PILE DRIVERS (PEAK) VIBRATORS W ° SAWS 7 Source: WESTEC Services, Inc. Note: Based on limited available data samples. 59 CITY OF LA QUINTA EXISTING NOOSE LEVELS 60 - 60 FIGURE 10 60 V for maximum development permitted under the existing General Plan. Thus, the Project will incrementally increase the noise levels over less intense future development levies. Compatibility with Proposed Land Uses The proposed on -site land uses are chiefly residential and commercial. These land uses are compatible with the future noise environment. The Projects proposed for this area may have noise sources which are located on -site, such as air conditioners or other stationary noise sources. These noise sources must comply with the City of La Quinta Noise Ordinance. Compliance with the Noise Ordinance will mitigate potential impacts. MITIGATION MEASURES In order to determine the most effective method(s) for attaining the necessary attenuation in an effected area, an acoustical analysis should be prepared by a registered acoustical engineer, pursuant to Title 25 of the California Administrative Code. This analysis, must be prepared prior to the release of building permits for development within noise impacted areas. The analysis will set forth the specific measures to be incorporated into building design and site planning to achieve the necessary attenuation. Site planning measures, including set backs as required by City codes may provide adequate attenuation of noise. Site preparation and construction activities will be limited to daytime weekday hours, except as allowed by La Quinta Municipal Code. 5.6 Public Services EXISTING CONDITIONS Community services are provided by various agencies and companies as discussed below. ]WuiMa\drafalr\s -S 61 Fire. Fire protection for the proposed Project Area is under the jurisdiction of the Riverside County Fire Department. The La Quinta station No. 32 currently services the La Quinta area, located at 78-136, Avenue 52, about 1 1 /2 miles west of Washington Street. Other County fire protection is available from County fire stations No. 31, 33 and 55 located in Indio, Bermuda Dunes, and Indian Wells. Mutual aid agreements with Indio and Coachella will also provide protection when summoned. Expectations of future growth have resulted in a reassessment of La Quinta's capabilities to adequately provide fire protection. The County Fire Department is currently studying area needs and potential to deliver an adequate level of service to the Project Area. A separate paramedic study is also being conducted. In the next three to five years, two more stations may be added to the current system. One station may be in the vicinity of Lake Cahuilla, and another near the intersection of Washington Street and Avenue 48. The existing station may be relocated in the south end of the cove. The new study will provide information that will decrease the City's current insurance rating (ISO) of nine down to a rating of four or five. Police. La Quinta is serviced by the Riverside County Sheriff's Department which provides all general law enforcement services to the City by contract agreement. The City does not have a police station of its own; therefore, service is provided via the Indio station located at 46057 Oasis Street. One and one-half cars are contracted for La Quinta on a 24 hour basis. Calls for service are relayed by telephone and radio dispatchers located in Indio. The La Quinta City offices are used for personal meetings with citizens. The County Sheriff's Department foresees no future expansion in La Quinta at this time, as service is provided per request and contract with the City. Ell Ia uiMa\dr air\sM b 62 Parks. The Riverside County Parks Department operates the County park system in the La Quinta area. Lake Cahuilla Park, located in the central to southeastern portion of the Project Area, is the major regional park attraction for visitors throughout the Coachella Valley. Recreational activities are popular in the park including boating, fishing, picnicing, swimming, camping and hiking. Future plans for Lake Cahuilla Regional Park include an update of site development opportunities. Expansion of Lake Cahuilla Park to the northwest is proposed for additional park acreage, including new campground facilities, an equestrian center and recreational trails. In the Cove area, the La Quinta Community Park is currently operated and maintained by the Coachella Valley Park and Recreation District. This park provides a lighted baseball park, two basketball courts, a children's play area and a community center building. Demand on La Quinta Park exceeds its facilities, therefore the park suffers from overuse and overcrowding. As infill development occurs, recreation demand on La Quinta Park will be accelerated, thus causing further overcrowding and decline of facilities. Consequently, new community parks are needed, preferably in the southern portion of the Cove, and various locations north of Avenue 50 (see Figure 11). The City of La Quinta does not recognize State and regional standards for providing parkland. Although they have adopted the County standard, City officials state it is too low to adequately provide for park demand. The General Plan includes policies for new park development. Hospital. Hospital and medical services for the La Quinta area are based primarily at ® Indio Community Hospital in Indio and at Eisenhower Medical Center in Rancho Mirage. is uinta\dr eir\s -se 63 Indio Community Hospital is closest, with 130 hospital beds and an average occupancy rate of 72 percent. An outpatient clinic may soon be located in La Quinta. This will provide local health care and medical assistance decreasing dependency on the community hospitals. 11 1a uinta\dratteir\e -5b 64 FRED WARING DRIVE CITY OF LA GU-0NTA PARK LOCATIONS NIP MINI PARK NP NEIGHBORHOOD PARK RP REGIONAL PARK CP COMMUNITY PARK FIGURE 11 65 - -- Library. Library services are provided by the County Library District. The nearest library to La Quinta is located in Indio. The Indio Branch County Library services the Coachella area, of which La Quinta is a part. Residents of La Quinta use this library as is it the only public library within the immediate area. However, a library facility is nearing completion near City Hall. It is anticipated that the facility will be opened to the public in the fall of 1988. The Library District has established a goal of .5 square feet of floor area per capita and 1.2 volumes per capita. The need for service is in proportion to the population of the Project Area. Schools. The Project Area is located in the Desert Sands Unified School District. The District uses the State Allocation Board's guidelines for projections and planning of future schools. Recent increased growth has brought most of the District's schools to capacity, thus new schools are being planned at this time. The Desert Sands Unified School District operates two permanent and one interim school at a location easterly of Washington Street on the north side of Avenue 50. Harry S. Truman school provides grades 3 through 5. The maximum capacity of this school is 600. It current enrollment is 600 and is projected to be 700 for the 1988-89 school year. John Adams School provides grades K through 2. This schools capacity is also 600 and it also services the maximum number of students. The District projects a 700 student enrollment for the year 1988-89. A middle school (grades 6 through 8) also occupies the same site. The maximum capacity of 900 students has been reached this year. Additional students will be housed in 10 portable structures which will serve as classrooms until permanent structures are constructed. a rime\dr eir\s -en 66 The City is in need of a high school because students currently attend Palm Desert High. Administrative Offices are also of high priority to the District. The need for warehouse facilities, central kitchen, central library and transportation buildings would enable the District to improve its delivery of services. Solid Waste. Solid waste disposal in La Quinta and nearby communities is handled by the Palm Desert Disposal Company. The company is contracted by the City for waste disposal transport to landfills owned by Riverside County. The nearest County landfill serving La Quinta is the Coachella site, located near Indio (approximately 13-14 miles northeast) on Avenue 44. This site is one square mile in size and is currently 25 percent full. The per capita generation rate of area is 9.8 pounds per day. The landfill is expected to reach capacity between year 2,000 and 2,020 with remaining capacity of approximately 48,050,000 cubic yards per year at a rate of 1,201,250 cubic yard per year. The Edom Hill site is the next closest land fill located approximately 5 miles northeast of Palm Springs, but services primarily the more urban oriented areas of Palm Springs. Mosquito Abatement: The Coachella Valley Mosquito Abatement District provides vector abatement to the Project Area. Development of the desert for the urban uses produces breeding places for eye gnats and mosquitos. These insects will breed in locations that hold water such as golf courses, lakes, ponds, swimming pools, catch basins and storm drain facilities. Mosquitos and eye gnats are both an annoyance and carriers of disease such as encephalitis and conjunctivitis. Considerable work is required to keep these insects and the diseases they transmit under control. j la ulna\Emfteir\s -5b 67 ENVIRONMENTAL EFFECTS The following is a discussion of the impacts on community services anticipated from implementation. All impacts to services will be cumulative occurring as new uses are absorbed from the market and as the demand for services becomes apparent. A guideline for the timing of these impacts is contained in the project Description under phasing discussion. Fire. As previously mentioned, any new development in the Project Area will further reduce water pressure and therefore impact fire protection capabilities. Generally, growth will also cause an increased frequency of response and inspection. More inspection will be needed as well as new equipment, personnel and stations. The redevelopment project will impact the system in that it would facilitate this growth and development. The proposed infrastructure improvements and construction of new fire stations will enhance protection of the area, enabling better service in time of emergencies. Other improvements may also benefit the Project Area, as well as aid in fire protection. This would be accomplished by using the mechanisms made available through implementation of the Redevelopment Plan to construct a new water delivery system, improved roads and access. Better fire protection would result by providing more reliable water pressure, more volume, improved equipment and facilities. Police. The Project will enable La Quinta to grow and expand. Development and population growth demand a higher amount and efficiency of all services. Police service will thus be affected by a population increase causing more demands for police service. The County Sheriff's Department expects growth, but does not anticipate immediate changes resulting from approval of the Project. As the Project Area grows and the laquie \dmfteir\sect-5b 68 population increases, the City will renegotiate its contract service agreement with the County to offset the service demand. Consideration of lighting, street patterns, security hardware, building location, visibility and planting as aids in reducing expected future increases in crime should be part of the development plan review process. Parks. Project implementation will impact the park system in that future development will bring more activity to the Project Area. Both the Regional and Community Parks Departments have expressed concerns about abilities to service potentially increasing recreation demands. Transportation system improvements will make Lake Cahuilla more easily accessible and bring more people to the park. ® In order to reduce the impact on existing park facilities, future design plans should be required to consider additional park facilities, open -space and recreation sites within the Project Area. Proposed flood control facilities should protect against flood hazards to parks. This is considered a positive impact. School grounds may be used for recreation purposes. If this occurs in response to implementing the Redevelopment Plan, it is considered a beneficial impact to the Project Area. New planned developments have little impact on the local public park system. This can be attributed to the private recreation/open space facilities that planned unit developments provide for residents. laquinta\draflvir\sect-Sb 69 Hospital. Anticipating growth not only from La Quinta's redevelopment projects, but in the entire region, will encourage Indio Community Hospital to expand facilities in order to provide adequate medical services for the area. The Project would facilitate development and therefore increase demands for medical facilities and additional staff. Expansion of medical facilities is, consequently, an integral part of regional development. The out -patient clinic should serve to provide sufficient local medical care. Library. The existing Indio Branch Library and the new facility located near La Quinta City Hall should adequately service the La Quinta area for quite some time. Growth inferred by approval of the Project will be assessed in the future on a project -by -project basis; when more concrete population and housing statistics are available, the need for additional library facilities will be analyzed. New school facilities which include libraries will also mitigate any adverse effect. El Schools. Both elementary and high schools in the vicinity are at or reaching capacity. School administrators foresee a need to expand facilities by building new schools in the area. The Desert Sands Unified School District utilizes an average generation rate of 0.50 students per dwelling unit. Recognizing dwelling unit projections, an estimate of 2,000 students could be generated throughout the Project Area. As development occurs land and fees will be generated to service future needs for schools. The District has enacted school impact fees as provided by State law. Solid Waste. Palm Desert Disposal foresees no problems in servicing a growing economy in the Project Area. Higher service demands would initiate growth and expansion of the company. E 1a uinta\dreft r\sa b 70 Riverside County Road Department Solid Waste Division expects to provide adequate landfill disposal at the Coachella site until approximately year 2,000. However, this expectation is based upon a population of 9,000 by year 2,000. With implementation of the Redevelopment Plan the Project Area's population is expected to increase. With a conservative per capita generation of 6.0 pounds per day for residential uses, an estimated maximum of 101 tons per day increase in solid waste will be generated in the Project Area. Specific development plans are necessary to determine landfill expansion. MITIGATION MEASURES Fire 1. To mitigate substandard fire protection impacts in the Project Area, a new water delivery system that will supply water to meet fire flow requirements stated in the latest Fire Code is needed. The system should be designed to accommodate the projected buildout of the Project Area. 2. Implement the latest Fire Code and strive to attain the fire protection requirements contained in the code throughout the Project Area for new as well as existing development. 3. Implement the service requirements recommended in County's Fire Study Master Plan for La Quinta. 4. Designate a portion of development fees towards the provision of an adequate fire protection system in the Project Area. 5. Implement the policies of the City General Plan, when available, regarding the provisions of fire protection programs. Police 6. Apply a portion of development fees towards updating the law enforcement service agreement with the County as incremental demand occurs. Ie Unte\Cre eir\sect-5b 71 7. Incorporate the design and other protection requirements per the Riverside County Sheriff's Department. H. Implement the policies of the City General Plan, when available, regarding the provision of law enforcement programs. Parks 9. To mitigate overcrowding and overuse of the La Quinta Park, locate and develop a new community park in the northern portion of the City. 10. Recognize the request by the Riverside County Parks Department to coordinate planning programs to guarantee optimum park planning and redevelopment planning opportunities. 11. Apply a portion of development fees towards the provision of park facilities and other programs in the Project Area. 12. Implement the park dedication ordinance in the City requiring developer participation for dedicating or acquiring and improving park land. 13. Implement the policies of the City General Plan, when applicable , regarding park and recreation programs. Hospital 14. Provide local health care and emergency medical treatment in La Quinta by attracting private facilities such as an out -patient clinic. 15. Implement the policies of the City's General Plan regarding the provision of health care service programs. Library 16. Implement the policies of the City General Plan, when available, regarding the provisions of local library services. is umM\draftelr\se 5b 72 i Schools KI 17. To mitigate student capacity problems at existing schools used by Project Area residents, assist in the planning efforts to locate and construct new facilities for education. 18. Continue to collect the development fee for purposes of funding school facility programs. 19. Implement the policies of the City's General Plan regarding the provision of education to residents in La Quinta. Solid Waste 20. Consider establishing recycling centers throughout the Project Area for purposes of collecting and reclaiming renewable resources, thus prolonging the life of regional landfills. 21. Insure the proper location of trash collection areas in future planned developments of the Project Area to maximize the collection efficiency. 22. Implement the policies of the City's General Plan regarding the provision of a solid waste program in the Project Area. Mosquito Abatement 23. Improve drainage facilities to eliminate areas of standing water. 24. Promote development designs that minimize areas that serve as breeding locations. 25. Encourage education of area residents of the health effects of mosquitos and eye gnats. *uinle\dretlelr\.M-5b 73 5.7 Utilities ELECTRICITY Existing Conditions Electric power service is provided to the Project Area by the Imperial Irrigation District. Electric service exists throughout the Project Area. Overhead and underground electrical distribution lines traverse the Project Area. Environmental Effects Redevelopment of the Project Area at the projected level of development described in this report would result in a total electric power demand significantly greater than the existing consumption due to the scale of development. The additional, long-term electrical loads due to the proposed Project are not expected to result in a significant C impact on the Imperial Irrigation District's ability to provide service. However, the cumulative increase of energy consumption will result in a significant adverse impact upon energy resources. Mitigation Measures Encourage the early construction of necessary facilities to accept geothermal -generated power to boost the electrical supply source. Construct an additional electrical sub- station south of Highway 111. This improvement should occur early -on in an effort to avoid stifling development of the Project Area, NATURAL GAS Existing Conditions The Southern California Gas Company provides natural gas service to the Project Area. Existing gas delivery lines serve the developed areas of the Project Area, and such lines iwwon�a.anm��ua-se 74 can be extended to serve unimproved properties pursuant to Company policies and extension rules. Environmental Effects Implementation of the Project would result in a significant increase in the demand for natural gas from existing consumption. Natural gas service can be provided to the Project Area in accordance with the Company's policies and extension rules on file with the California Public Utilities Agency at the time contractual arrangements are made. It should be noted that the availability of natural gas is based on present conditions of gas supply and regulatory policies. A net cumulative increase in the energy consumption of natural gas will result in a long-term significant adverse impact upon energy resources. Mitigation Measures 0 Encourage the prompt completion of additional gas supply lines. El WATER SUPPLY Existing Conditions The City of La Quinta is supplied with water from the Coachella Valley Water District. The Water District recently acquired the Southern California Water District which previously serviced the area. Water is obtained from local wells. Some of these wells are experiencing water quality problems, although the overall water supply is deemed adequate for domestic use and for existing and potential development in the Project Area. The distribution system is in need of improvement especially along the arterial highways. la uinta\dm eir\e -Sb 75 Environmental Effect Daily water consumption subsequent to the completion of new development in the Project Area could increase 75 percent as a result of Project implementation. The impact of this increase on the City's future ground water mining will depend on consumer demands and uses, as well as the availability of local and imported water supplies. Mitigation Measures To reduce water demand, as well as sewage generation, the following water conservation measures should be implemented, as recommended by the California Department of Water Resources: Required by Law 1. Low -flush toilets (Section 17921.3 of the Health and Safety Code). 2. Low -flow showers and faucets (California Administrative Code, Title 24, Part 6, Article 1, T20-1406F). 3. Insulation of hot water lines in water recirculating systems (California Energy Agency regulations). Recommended Where Applicable Interior 1. Supply line pressure: water pressure greater than 50 pounds per square inch (psi) should be reduced to 50 psi or less by means of a pressure reducing valve. 2. Flush valve operated water closets: recommended three gallons per flush. 3. Drinking fountains: equip with self -closing valves. 4. Pipe insulation: all hot water lines in dwelling units should be insulated to provide hot water faster with less water waste and to keep hot pipes from heating cold water pipes. 5. Hotel rooms: post conservation reminders in rooms and rest rooms, use thermostatically -controlled mixing valve for bath/shower. 6. Laundry facilities: use water -conserving models of washers. 11 76 Exterior ® 1. Landscape with low water -consuming plants. 2. Minimize use of lawn by limiting it to lawn -dependent uses such as playing fields. 3. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve soil water -holding capacity by reducing evaporation and soil compaction. 4. Preserve and protect existing trees and shrubs. Established plants are often adapted to low water conditions and their use saves water needed to establish replacement vegetation. 5. Install efficient irrigation systems which minimizes runoff and evaporation and maximize the water which will reach plant roots. Drip irrigation, soil moisture sensors and automatic irrigation systems can increase irrigation efficiency. 6. Use previous paving material whenever feasible to reduce surface water and runoff and aid in groundwater recharge. 7. Grading of slopes should minimize surface runoff. 8. Investigate the feasibility of using reclaimed wastewater, stored rainwater, or household grey water for irrigation. 9. Encourage cluster development which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in groundwater recharge. 10. Preserve natural drainage and encourage the incorporation of natural drainage systems in new developments. This will aid in groundwater recharge. 11. Flood plains and acquifier recharge areas which are the best sites for groundwater recharge should be preserved as open space. 12. Local well water supplies should be conserved by utilization of Colorado river water for irrigation whenever possible. SEWERAGE Existing Conditions The sewerage (sanitary wastewater) system in La Quinta is managed by the Coachella Valley Water District. Wastewater is collected via a pump station and pressure pipe line to an interim treatment facility located west of Adams Street and north of 52nd Avenue. Iaqu!Ma\dm eir\a 5b 77 This interim treatment facility, rated as 150,000 gallons per day capacity, provides 10 secondary treatment. Treated wastewater is then placed in spreading ponds for recharge of the groundwater basin and irrigation of fodder crops. At present, the facility is operating at approximately one-half its rated daily capacity. Approval has been obtained to expand this system on an interim basis, if necessary. The remaining areas of La Quinta have no wastewater collection system and rely on septic tank systems. Increasing development within the City makes such systems less effective and less desirable. Environmental Effects Sewage generation factors are not available in order to calculate the amount of sewerage subsequent to the completion of Project Area development. However, an accepted planning policy is that the amount of sewage generated will be generally equivalent to the amount of water consumed. Project improvements will result in a beneficial impact upon the provision of sewer collection services. However, the extent of Project impact will need to be re-evaluated on a project -by -project basis during the 40 year life of the Redevelopment Plan. Mitigation Measures 1. All future development projects should be connected to the existing interim wastewater system in order to facilitate ultimate connection to the regional treatment facility. 2. The Coachella Valley Water District shall be encouraged to implement the planned regional treatment facility as soon as possible. E Ia Wu \aefleir\s -5b 78 KI 3. All future development should be connected to the existing wastewater system. 5.8 Earth EXISTING CONDITIONS The Project Area is located on the western edge of the Coachella Valley which is the northern end of a large depression that extends southward to the Gulf of California. The Indio Plain, which includes that portion of the Coachella Valley in which La Quinta is located, is a large structural depression that has been filled with sedimentary and alluvial deposits. The elevations within the incorporated City boundaries range from 1,680 feet in the southwest corner to 60 feet above sea level in the northeastern corner. There are three major geologic zones within the City. These correspond to the existing topography and includes the mountain -hillside zone, the hillside terrace zone and the valley floor zone. Portions of the Santa Rosa Mountains comprise the mountain -hillside zone and are located in the southern half and western edge of La Quinta. The hillside terrace zone includes the alluvial deposits derived from weathered material from the Santa Rosa Mountains. There terrace deposits consist of Quanternary alluvial fan and stream deposits, and are found in the Cove area and east of Lake Cahuilla. The valley floor zone includes the areas north of the Cove which consist of aeolian (i.e. wind blown) sand deposits, and west of the Coachella Canal comprised of sedimentary deposits from ancient Lake Cahuilla. Seismicity La Quinta is located in a seismically active region. There are numerous active faults located to the north and south of the City. The most active, and largest, fault zone in the region is the San Andreas Zone located approximately 6 miles northeast of the City. la pinta\Erafteir\se b 79 Six Active faults comprise this zone, including the Mission Creek, Banning, Garnet Hills, Indio Hills, Mecca Hills and the San Andreas faults. There is a significant probability that the San Andreas fault will be responsible for an earthquake that will have a Richter magnitude in excess of 7.5 in the next 50 years. The San Jacinto and Elsinore fault zones are located approximately 12 to 19 miles southeast of the City. The San Jacinto fault zone is considered one of the most active in the State and includes the Buck Ridge and San Jacinto faults. Smaller faults are suspected to exist in the Santa Rosa Mountains to the west and south of the City. The Oasis fault trace is located in the southeastern corner of La Quinta and has not been seismically active in historic times. In the event of a major earthquake, some areas of the City should experience liquefaction, surface ruptures, lateral spreading, and landslides. The distance form the earthquakes epicenter, Richter magnitude, soil and subsoil characteristics and the type of fault movement will determine the nature and intensity of ground motion generated by an earthquake. The locations of known and suspected faults in La Quinta and portions of the City subject to liquefaction are shown in Figure 12. The locations of major fault zones in the western portion of the Coachella Valley is shown in Figure 12. 11 laquinta\drefleir\saclrab 80 IE ff q N Scale: 1:500,000 FIGURE 12 CITY OF LA G U I N T A Source: Environmental Assessment Engineering Chiefly Mesozoic and Pro -Cambrian granitic and metamorphic rocks Pleistocene and Pliocene sedimentary deposits 1= Recent duns $and Quaternary alluvium and lake deposits More Important faults: dashed where Inferred :a TWENTYWINE YUCCA PALMS VALLEY JOSHUA T �San Bernardino .Coe . 1 6R SP ER X, CITY OF LA QUINTA SEISMIC CONSIDERATIONS Boundary of Groundshaking Zone based on distance to Causitive Fault 82 Alquist—Priolo Fault Special Studies Zone 7 Environmental Effects Redevelopment and development will require grading in order to provide for building pads and parking facilities. Circulation and drainage system improvements will also require grading activities. The extent of required grading cannot be determined until specific development and improvement plans are prepared. Construction activities involving grading can result in the erosion of soils occurring when bare ground is exposed to the effects of precipitation and wind exacerbating the blowsand hazard in those areas subject to this condition. Implementation of effective, on -site dust control measures can reduce the potential impacts of construction -related dust to an acceptable level. Encouraging the landscaping of bare ground as soon as feasible can reduce the impacts of construction -related water erosion to an acceptable level. 40 Very strong groundshaking, as well as possible ground rupture, can occur during a major earthquake along the major regional faults. For an average recurrence interval of 100 years, the San Andreas fault can be expected (statistically) to generate a major earthquake of Richter magnitude of 7.5 to 8.0 or greater. In addition to severe groundshaking and ground rupture, an earthquake of this magnitude can cause ground subsidence either by consolidation of the sand alluvial materials or by liquefaction of the finer -grained alluvial materials in the presence of groundwater perched on clay lenses. The grain size distribution and unconsolidated nature of sediments on the project area contribute to the potential for lateral spreading, liquefaction, subsidence cracking and landslides should groundshaking occur. Soils in the Project Area are derived from the surrounding mountains. The bedrock materials are weathered, eroded and transported downslope and eventually become Im UjM \Erefinir\sea-5b 83 alluvial deposits. Generally, the grain size of the sediments decreases with the distance from source rock. Alluvial deposits consist of Quanternary alluvial fan and streamwash deposits (GO, alluvial plain and lake deposits (Qpl), and older alluvial and terrace deposits (Qalo). The composition of these materials ranges from poorly sorted boulders (up to 4-foot maximum diameter), to gravels and sands of the fan deposits, to fine grained sand, silt and clay of the plains deposits. The sandy soils of the La Quinta area have high permeability, effectively permitting percolation. However, the silty and clayey soils of the area have generally lower permeabilities, resulting in lower percolation rates. Mitigation Measures 1. Dust impacts can be minimized during grading through the use of soil dampening techniques. 2. Conformance with the latest Uniform Building Code, the Riverside County Building Code, or state-of-the-art recommendations of the Structural Engineers Association of California for seismic considerations in the design of structures, is expected to satisfactorily mitigate the potentially adverse effects of future earthquake shaking on structures of two stories or less. Mid- or High-rise buildings may require special design analysis. The appropriate seismic design criteria will depend upon the type and use of the proposed structure and the underlying geologic conditions. 3. Avoid areas most susceptible to liquefaction or use them for recreational open space purposes. Other alternative methods normally considered for mitigating or eliminating the results of liquefaction include: a) placement of additional fill to increase the overburden pressure, b) densification of subsurface soils by removal and recompaction, vibroflotation and other techniques, c) utilizing heavily reinforced shallow foundations or deep foundations (piles) for structure support, and d) lowering the water tables. r'1 U i.gwm\d�a,\�3e 84 5.9 Water -Drainage EXISTING CONDITIONS La Quinta and the adjacent watersheds, are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. The largest watershed system in the area is Bear Creek which enters La Quinta from the southwest. Bear Creek divides at the head of the alluvial fan located south of the Cove area and the two smaller streams continue north on each side of the Cove. The watershed on the eastern side of the Coral Reef Mountains contain numerous intermittent streams, all of which drain into Lake Cahuilla. Other watersheds on the 40 western slope of the Santa Rosa Mountains. located to the east of the City, drain into the KI eastern branch of Bear Creek (see Figure 15). The Whitewater river crosses the northern portion of the City and drains watersheds located on Mt. Jacinto. This river would be responsible for flooding in the northwestern portions of the City in the event of a 100 year flood. Portions of La Quinta have been identified by the Federal Emergency Management Act mapping as being prone to flooding in the event of a 100 year storm as shown in Figure 14. There is currently a network of 'off -site" regional flood control systems under construction within the perimeter of the developed areas of the City. This system will divert off -site runoff from adjoining Santa Rosa Mountains to the Whitewater River via the laquinta\dreBeir\sect-5b 85 La Quinta Evacuation Channel. There is no existing "on -site" flood control system. Thus various developed areas have experienced flooding. In order to properly analyze the drainage characteristics within the study region, the City was divided into four areas as shown in Figure 15. The following is a summary description of Area No. 4. Existing Drainage Facilities The City presently has no on -site drainage facilities. Although a substantial amount of the precipitation is infiltrated in the soil in undeveloped areas at this time, drainage problems exist in the developed areas and will worsen as development increases. The Board of Directors of the Coachella Valley Water District has recognized the desirability of the La Quinta area resort residential development. In May 1970, they engaged Bechtel Incorporated to prepare an Engineering Report on Preliminary Design and Cost Estimates for Flood Control Works in the La Quinta area. According to the recommendations of the Engineering Report a major storm water project was designed by Bechtel. The "General Plan City of La Quinta, California" adopted by the La Quinta City Council Resolution No. 85-97, November 19, 1985 also recognized the flooding potential in the city due to lack of adequate on -site flood control facilities. Presently, major flood control systems are either just completed or under construction within the City of La Quinta. They consist of a network of various off -site regional systems of detention and debris basins, channels and conduits transporting storm runoff from adjacent mountains to the Whitewater River located to the north of the City. These flood control facilities will provide protection to developed areas in the City from peak runoff flows from the adjacent mountains. 11 la uMta\dr .i,\sect-5b 86 11 11 CA 4� YUCCA VALLEY JOBHU A TREE -F N San Bernardino -Co. % TINENTYNINE PALMS ALLEYS A Ql Thousand Palm Club "0.0 INDI AM WELLS, OACHELL VALERIE CITY OF LA QUINTA 10 . ......... FLOWING �.EL II - - — - - - - - - - North hor w-r- 3AL To FEGR"M SALTON SEA nun MlD *10'waw%0wwmYEAR FLOC30 PLAINS MIApproximate Limits of 100—Year Flood Plains SOURCE: Riverside County Comprehensive General Plan, 1985 FIGURE 14 PRANNNN 87 WT— \ -74 7= 21 14 7 7 �M I ljdi.� V 11 ADJ M UAHUILLA CITY OF LA CRUINTA MASTER PLAN 0 "mmF DRAINAGE L- - FIGURE 15 _o �� '• Id' 18 IN h� o r.r.r.s •r . ..r.r.[i ENV — IE� , (' �1 BM 33* 5 Anon _ __ _ 20 e� �LE9 21 v- L 19 Arim , .. -7 �...,� I�. �� Indian Wells '�-. I �N 0 In[ _ �I Q N Hi PGv I F „9aa ul 1119 a 401 32 � . Q�o AVENUE 33 ol 40 wvu �6 ��o ._- _ ^,• w , � 1 .... 4 CITY OF LA GlU1NTA REDEVELOPMENT PROJECT AREA NO. 2 FLOOD HAZARD AREA 7 III r BAixi BY ....A., .. OO t ' TVPICAL`ROP. TOR" DPAIN STIYRET SECTION CITY OF LA QU1NTA REDEVELOPMENT PROJECT AREA NO. 2 DRAINAGE ANALYSIS -__ .Y.T.... ,.,.xr. Bavro... _ _ T.,BU..x. oP.,x,tIB.RBA Baxox. a O 111sARsuB.lACIL.TY ® 900MYF.N..-BITE ABllA .R 91 OIYIIBBIP The off -site flood control facilities, existing and under construction, consists of the Bear ® Creek System, Oleander Reservoir, East La Quinta System, the La Quinta North Diversion and the La Quinta Evacuation Channel. The Bear Creek System consists of the Upper Bear Creek Channel and Training Dike, Upper Bear Creek Detention Basin, Bear Creek Channel and various side drainage inlets with debris storage. The system was designed to transport the standard project flood northerly into the Oleander Reservoir. The Bear Creek System was completed in November of 1986. The East La Quinta System consists of the Upper East La Quinta Channel, Training Dike, Calle Tecate Detention Basin, East La Quinta Channel, Avenida Bermudas Detention Basin and Heritage Club (previously know as Crystal Canyon) Detention Basin. This ® system will transport the overflow from the standard project flood northerly via a buried 60" RCP along Desert Club Drive into the La Quinta Evacuation Channel. The East La Quinta System was completed in November 1986, except for the facilities in the Heritage Club development. The La Quinta North Division is a combination of diversion channel and training dike, 6,400 feet long. It is designed to pass the Standard Project Flood from the mountains on the northwestern area of the City into the Oleander Reservoir. The La Quinta Evacuation Channel, beginning at the Oleander Reservoir, transports storm runoff into Whitewater River located north of the City. The Channel was also intended to collect surface runoff and storm drains, as needed, at several intermediate points. lmuima\dr eir\a t-% 91 The Oleander Reservoir consists basically of a detention basin located within an existing golf course. 0 All the major facilities described above area operated by the Coachella Valley Water District and provide adequate protection from off -site runoff. Design criteria of the regional facilities, as stated in the General Plan permits the accommodation of localized runoff from the Cove area. However, the Cove area at this time has no localized on -site flood control network and it experiences flooding during peak storms. The Project Area also suffers from the lack of on -site facilities. The General Plan recommends decreasing the Project Area flooding impacts by improving all the existing streets with concrete curbs and gutters and by the preparation and adoption of a Master Drainage plan The review of the "Engineering Report on Preliminary Design and Cost Estimate for Flood Control Works for the La Quinta Area" prepared buy Bechtel Incorporated, indicates the design criteria used for the above mentioned major flood control facilities presently under construction. These criteria, the Standard Project Flood, the Probable Maximum Flood and 1000 year flood greatly exceed the criteria used by this Master Plan of Drainage. From recent calculations provided by Bechtel, the time to peak and time of concentration of the major flood control facilities is from two and a half to six hours. In comparison, the longest time of concentration of any local facility draining into one of the major flood control facilities is 40 minutes. I&quiota\dr eir\sM-5E 92 ENVIRONMENTAL EFFECTS ® The proposed Project is intended, in part, to provide drainage improvements, as funds become available. Implementation of proposed improvements listed in Section 3.4 of this report, will alleviate existing drainage problems in the Project Area and vicinity, and the incremental increases in surface water runoff resulting from the creation of additional areas of impervious surfaces (e.g., buildings, paving) with development of underutilized land. An overall beneficial impact on drainage is expected to result from Project implementation. It should be noted that the quanatification of increased runoff resulting frorn new development will require calculation as site -specific development proposals become available. However, proposed drainage system improvements are sized in accordance with the General Plan land uses; and future developments should not be adversely ® impacted. KI MITIGATION MEASURES Implementation of proposed drainage improvements will mitigate existing deficiencies and future increases in runoff. The amount of grading and disturbance associated with development should be minimized. Development design should include measures to ensure adequate drainage including construction of open or closed conveyance structures and green belts. For individual development projects, runoff can be reduced by using stepping stones or breaks set in previous materials for walkways, diversion of water to landscaped areas, and the use of previous paving materials whenever possible. Landscaped irrigation Ja utnta\dr *ir\sect-5b 93 waste and runoff can be reduced by water conservating irrigations systems, moisture sensing devices and avoidance of mounded landscaped areas. The California Department of Water Resources recommendations for flood drainage prevention should be considered. The recommendations contained in the La Quinta Master Plan of Drainage should be followed. The methodology and criteria set forth by the Riverside County Flood Control and Water Conservation Districts "Design Manual' should be followed. There should be one foot of minimum freeboard between the dwelling pad elevation and the 100 year water surface elevation, which shall be retained within the street rights -of -way. Within the Project Area it is recommended that RCP and RCB facilities be constructed to convey runoff to the Whitewater River and a portion to the All -American Canal. At least two arterial routes of ingress and egress from the City to Interstate 10 should be available during a 100 year flood. Slope and foundation design should be based on detailed soils and engineering studies. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. 5.10 Light and Glare EXISTING CONDITIONS Current sources of illumination in the Project Area consist of street lamps and minor identification and other lighting associated with existing development. There are no is la uinta\dreeir\sec b 94 existing glare impacts (i.e., buildings constructed of highly reflective materials) occurring within the Project Area. ENVIRONMENTAL EFFECTS Future illumination of new parking areas and ornamental lighting associated with new commercial development could impact adjoining areas, if not properly mitigated. In addition, glare impacts may occur if highly reflective exterior building materials are used in the construction of new development in the Project Area. MITIGATION MEASURES Lighting in parking areas should not exceed one footcandle, and shall be shielded and directed away from adjoining residential uses. ® During the required site plan review of proposed developments, the City should ensure that site improvements, including lighting and possible glare producing building exteriors do not adversely affect adjacent land uses or highways. The use of reflective glass or other reflective materials should be minimized without jeopardizing energy conservation. 5.11 Cultural EXISTING CONDITIONS A cultural resource assessment was prepared by Rosenow Spevacek Group, Inc. for the City of La Quinta and is summarized below. Existing land uses in La Quinta described in the Land Use section, generally consist of a small resort and suburban community in the Cove and agricultural, residential and commercial uses in the Project Area. Ja WM&\dr etr\se b 95 Several plant and animal species inhabit this lakeside/marsh/foothill environment, characterized primarily by the creosote scrub bush community and alkali sing vegetation community. Both offer several potential food sources and raw materials for populations known to inhabit the area. Lake Cahuilla, the most recent prehistoric lake in the basin, also provided various food sources around its shallow freshwater marsh. No specific chronology exists for the prehistory of the Coachella Valley. However, most archaeologists divide the general prehistory into three stages. The earliest period (10,270 ± 160 years before present) was characterized by pluvial lakes and coniferous woodlands, rather than the desert that typifies the area today. Few sites are known for the archaic period (6000 B.C. to A.D. 500), whose inhabitants were primarily hunters. During the final period A.D. 500 to the historic contact period), the local hokan-speaking people were displaced by the Shoshonean -speaking people of the Great Basin. 11 The Shoshonean, locally known as the Cahuilla tribe, occupied the Coachella Valley where the Project Area is located. Various tribes and approximately 22 villages of these desert Cahuilla people have inhabited the Coachella Valley area. Today, the Cahuilla live on a number of reservations in the Coachella Valley. The Torres -Martinez Indian Reservation, the closest reservation, lies about 3 miles southeast of the Project Area. An archaeological records check showed twelve archaeological sites to exist in the City. In addition, over 30 archaeological sites have been recorded within the area. The results of the current review indicate that significant archaeological resources related to the prehistory of the Lake Cahuilla area exist in Project Area No. 1. These combined resources represent a period of prehistory whose focus includes the Santa Rosa Mountains and ancient Lake Cahuilla. Ia uir \dr air\se 96 Review of the existing data on previously excavated and tested sites suggests 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. The Project Area includes a range of environmental zones which would provide the food, water and raw materials needed to support prehistoric populations. Archaeological research, then, in this area of the Coachella Valley, would gather significant information on lakeside adaptation processes through the study of prehistoric settlement and subsistence patterns. Historically, the Coachella Valley began to expand economically in the early 1900's. Irrigation brought increased farming to the area and enabled growth to occur whereas, prior to irrigation, lack of available water supply and shallow water wells kept the early 0 settlements small. Archival records check showed no historical landmarks or monuments to be recorded for the Project Area. However, potential historic structures should be checked against the 1941 edition of the USGS topographic maps. Field reviews of any such structures will determine whether additional research is necessary. In the Project Area, sediments of the Late Pleistocene to Early Holocene underlie the lowland areas. The granitic plutonic rocks, due to their igneous origin, are considered unlikely to produce fossils. The sediments in the lowland, however, are known to contain fossil mega- and micro -vertebrates and invertebrates. On the surface of the Project Area these sediments are not widely visible, although they do underline the entire lowland area at a shallow depth beneath the present alluvium. IaQuiMa\draflair\sep3b 97 A review of the existing ontogical literature and records was conducted for any known surface occurrences of fossils within the Project Area. None exist since agricultural uses cover portions of the Project Area. The calcareous tufa deposits located along the west side of the Coachella Valley have been age -dated from 9,000 years B.C. and may record the post -glacial fluctuations of ancestral Lake Cahuilla. The sediments that underlie these deposits contain fossil floral and faunal remains. These remains dating from the Lake Pleistocene, could provide important information concerning the transitions of the local habitats and populations from the Late Pleistocene period to the present. ENVIRONMENTAL EFFECTS It is the concern of governmental agencies and Native Americans to preserve significant California cultural resources' and to ensure freedom of expression for the Native American religion. To determine contemporary Native American concerns about the Project, the Cabazon Band of Mission Indians was contracted. No direct reply was received from the Cahuilla community. However, Bean and Vanes ethnographic study conducted in 1979, part of a BLM study for the Santa Rosa Mountains, provides and idea of the Cahuilla concerns. The Cahuilla are particularly concerned with possible impacts to burial sites, ethnographic village sites, and important religious places (Bean and Vane, 1979). Direct impacts to archaeological resources would result from construction of flood improvement structures, grading vegetation removal alterations in flood flow in washes, and associated changes in erosion and sedimentation processes. D �Wolnt \drffiIeb\se b 98 f Indirect impacts to archaeological resources are anticipated from development of I currently protected areas in accordance with the land uses allowed by the General Plan, and from vandalism related to increased public access to the area. Based on the above mentioned heritage concerns supported by the Native American Commission and held by Native American communities, areas within the proposed flood protection area may be of concern to the local Cahuilla community. Known and unknown burial places and cemeteries, places of spiritual importance, native animals and plants of traditional usage, and major village sites could be adversely impacted by Project implementation. Due to the moderate paleontological sensitivity of the lowland portion of the area, Project development could have adverse impacts when surface excavations are made. ® MITIGATION MEASURES j0 1. Prior to the final design of specific development plans, a qualified archaeologist: shall be retained to review these plans and to make early assessments about any project - related impacts to known archaeological sites. 2. Any area not previously systematically surveyed shall be surveyed by a qualified archaeologist when the area is approved for development. This would include development proposed for land use changes and for flood control facilities construction. 3. Prior to any project construction, a qualified archaeologist shall review final grading plans and plot any archaeologically sensitive areas within 500 feet of any proposed Ie Wnte\d a yr\sea-5E 99 0 6.0 SIGNIFICANT ADVERSE IMPACTS The environmental analysis presented in Section 5.0 of this report is based on an overall redevelopment scenario for all Project Area land assuming a maximum probable level of build -out by the year 2028. However, changes in the local economic climate could significantly reduce the estimated scope of the Project. It is not anticipated that the level of new development projected for the Project Area in this EIR will be exceeded, given the existing urban form, intensity and character of development, and City goals for La Quinta's future as embodied in the General Plan. Conversely, the estimated level of redevelopment is unlikely inasmuch as some existing development will remain subsequent to Project implementation. Therefore, the projections of environmental effects contained in this report represent calculation of impacts on a "maximum probable" as is to indicate what could result from the total redevelopment of the Project Area in accordance with the La Quinta General Plan. It should also be recognized that no specific land development proposals are included in the proposed Project at the present stage of Project establishment. Consequently, the purpose of this report is not to predict specific environmental impacts with respect to individual site development proposals. The following list of unavoidable adverse effects summarizes potential problem areas that should become the focus of environmental review which will be required for all future site -specific development projects proposed within the Project Area pursuant to Section 21166(c) of CEQA. Traffic New development that is facilitated by the Project will cause an increase in traffic. Traffic volumes will increase on the circulation system underscoring the need for local improvements, including traffic signals and other traffic control measures. The impacts i \]equine\drOeir\sect&7 100 of increased traffic will be reduced by proposed street system improvements. (See Section 5.3, Traffic and Circulation.) However, the combined impacts of the proposed Redevelopment Project Area No. 2 in conjunction with other development in the region, will create a situation in which most of the circulation system being at or over its capacity. Public Services and Utilities New development will require upgrading of public services to meet cumulative increases in demand. (See Section 5.6, Public Services.) Water. Although the Plan includes several improvements to the water supply distribution system resulting in a beneficial impact, Project -induced growth will increase the City's current groundwater consumption. The extent of future groundwater mining will depend on consumer demands an uses. A Energy. New development will result in substantial increases in the consumption of energy. Imposition of recommended energy conservation measures can reduce energy consumption, which is expected to be within the demand levels of the affected utility companies. However, a cumulative adverse impact is indicated. Disolacement Overall little displacement is anticipated to occur. If it does occur, the Agency will provide relocation benefits and assistance pursuant to applicable provisions of state law and the redevelopment plan. Nevertheless, in partiacular cases it is believed that impacts (chiefly the displacement itself) may be viewed as significant. As with other significant impacts, a statement of overriding considerations can be adopted with regard to displacement. \Le Uinta\dr eir\se 7 101 7.0 ALTERNATIVES TO THE PROPOSED ACTION 7.1 No Project This alternative would require that the Project be terminated. Without the proposed Project, the Project Area may continue to stagnate and decline as blighting conditions would persist without benefit of the mitigation programs proposed by the Redevelopment Plan. Thus, the environmental effects associated with growth, as identified in Section 5.0 of this report, would be delayed. In addition, the mitigation of traffic impacts would not be provided in a systematic fashion as proposed by the Project's implementation activities directed toward the upgrading of the Project Area's circulation system. In fact, without the financial assistance made available through the redevelopment process, it is unlikely that the City would be capable of funding such improvements, given present fiscal constraints. Given the list of recommended circulation improvements, found in Section 3.4, which are required in order to alleviate the existing traffic problems, a "No Project' alternative would prevent the Agency from utilizing its funds to construct these improvements, and the untenable existing conditions would persist. Because these improvements are necessary, it can be assumed that at some time in the future they would have to be constructed. However, without the Agency's assistance, the funding source is questionable and it may take a number of years before the needed improvements are actually constructed. While the "No Project" alternative would delay the environmental effects of growth, future development within the Project Area would still be required to conform with the General Plan, and would ultimately result in incremental impacts similar to those which have been projected for the proposed Project, although at a slower rate of occurrence. However, a primary objective of the Project is to encourage private investment in the Project Area in ( is order to mitigate existing physical and economic blighting conditions. Without the 102 Project, these conditions would probably be perpetuated, resulting in continued physical and economic deterioration throughout the Project Area, which could spread into other areas of the community and thereby adversely affect the City as a whole. 7.2 Reduced Redevelopment Alternative This alternative to the proposed Project would reduce Agency activities and/or authorities in the proposed Project Area. The effect would vary with the specific reduction. For example, limiting Agency assistance in providing needed public improvements and facilities would reduce the likelihood that certain improvements and facilities would be provided. Inasmuch as these improvements and facilities would mitigate growth related impacts, the environmental impacts of the proposed Project would be greater under the reduced redevelopment alternative. In addition, several of the public improvements are designed to reduce existing adverse environmental conditions which would continue with a reduced redevelopment alternative. If the Agency's authority to acquire property is restricted or reduced, the potential for developing vacant properties is also reduced. To date, the property owners within the Project Area, a majority of whom are absentee owners, have not developed their property. Restricting the Agency's authority would continue the current circumstances. Large scale non -participation in the Project by property owners would severely impair the ability of the Agency to collect tax increment revenues needed to mitigate existing environmental conditions and eliminate blighting conditions in the Project Area. Moreover, severe limitations in tax increment revenues could impair the Agency's ability to assist property owners and tenants who desire to participate, thereby further limiting Project benefits such as relocation assistance or financial assistance for building rehabilitation, and Agency assistance with public improvements and facilities. D \1�uinte\dr�a„\� 7 103 Reducing the size of the Project Area will not eliminate the need for the identified infrastucture improvements. The Project Area boundaries were established to recognize the land area that is most impacted and responsible for such improvements. Modification of the Project Area boundaries would reduce the Agency's ability to build and finance needed improvements. Land area excluded form the Project would, most, likely, remain in its blighted condition without the ability to realize its development potential. Tax increment revenues could be restricted more severely than the limits included in the Redevelopment Plan. More stringent restrictions or limitations would result in reducing the Agency's ability to undertake the redevelopment program as contemplated by the Redevelopment Plan. These reductions would impact the Agency's ability to: provide public improvements and facilities, acquire properties, provide rehabilitation and relocation assistance, eliminate conditions of blight, implement the goals of the La Quinta General Plan, and eliminate existing environmental deficiencies and problems occurring in the Project Area. Therefore, the reduced redevelopment alternative is not an environmentally superior alternative to the Project. 7.3 Alternative Financing Alternative The proposed redevelopment program is made possible, in large part, by the ability of the Agency to collect tax increment revenues from the Project Area and then use these revenues to effect improvements. An alternative to the project would be to undertake a generally similar program utilizing alternative sources of revenue (i.e. other than tax increment revenues). Selection of this alternative would supplant tax increment revenues with funds from a III variety of programs and sources. However, no single source would be sufficient in veyulntaNd netr\a &7 104 amount or purpose to accomplish the activities contemplated by the Project. These alternative sources include community facilities districts or assessment districts, gas tax funds, federal loans and grants, state loans and grants, Quimby Act funds and funds borrowed from the City of La Quinta. The proposed Redevelopment Plan authorizes the Agency to utilize all of the above financing sources and programs in order to effect redevelopment of the Project Area. Moreover, the Community Redevelopment Law requires that the Agency give consideration to alternative financing sources when it proposes to provide public facilities and improvements with tax increment revenues, in effect causing the examination of alternative financing sources throughout the term of the Project. There is currently no other financing vehicles available to sufficiently eliminate the existing public facility deficiencies in the proposed Project Area, much less the additional deficiencies which would occur as a result of incremental development. For example, the use of assessment districts without redevelopment would additionally burden the land with costs thereby further impacting the development potential. Moreover, there is no assurance that the alternative financing vehicles which are presently available will remain available over the entire 40-year life of the Project. Therefore, the Alternative Financing Alternative would be environmentally inferior to the Project. Finally, tax increment revenues may be used for some mitigation activities for which there are simply no alternative financial resources available or expected to become available in the foreseeable future. Consequently, there is a higher probability that under the Alternative Financing Alternative existing deficiencies would continue without abatement or mitigation and that future effects of development would not be adequately mitigated. 11 \Ia uiMe\dre eh'ks &7 105 t 8.0 LONG-TERM IMPLICATIONS OF THE PROPOSED PROJECT 8.1 The Relationship Between Local Short -Term Uses of The Environment and the Maintenance and Enhancement of Long-term Productivity The proposed Project will result in impacts on the environment that will affect both short- term uses of the land and its long-term productivity. Development that is facilitated by the Project will commit the underlying land for long-term usage as proposed by the Redevelopment Plan and designated by the La Quinta General Plan. Rehabilitation activities will enhance the long-term productivity of affected structures and public improvements. The commitment of land and resources for these purposes would be essentially irreversible and would preclude alternative uses. The anticipated intensification of urban development in the Project Area will result in long-term increases in traffic and air pollution, and long-term increases in the demand on public services, facilities and utilities. 40 The intensification of urbanization expected to result from the encouragement of private investment in the Project Area is intended to alleviate and reverse the existing conditions of blight which are now adversely affecting the productivity of the Project Area. Thus, the Project is being proposed in order to enhance the long-term productivity by increasing employment and housing opportunities, and by improving the public services and facilities serving the Project Area including parks, the circulation system, street lights, fire protection facilities, storm drainage and sewer distribution lines. These improvements are expected to help in the achievement of an environmental balance between development growth and the provision of necessary services to support such growth. j® \1a uinta\dm etr\seq 12 106 8.2 Irreversible Environmental Changes Resulting From Project Implementation The proposed Project will ultimately involve the irreversible commitment of limited resources including energy, water, and land. New development that is facilitated through Project implementation will require the commitment of land to commercial and industrial uses. Proposed rehabilitation activities will extend the life of existing structures and thereby continue the existing commitment of land to such land uses. The anticipated upgrading and improvements to the public service/utility infrastructure will indirectly commit the Project Area to an environment of intensified urbanization. The construction phases and subsequent occupancy of new development will require a substantial commitment of energy resources for building materials, fuel and operation. In addition, completion of new development in the Project Area will require substantial increases in water consumption. Inasmuch as local domestic water is primarily obtained from ground water wells, such increases could result in a reduction in the availability of water. Traffic generated by new development will result in the long-term degradation of ambient air quality. 8.3 The Growth -Inducing Impact of the Proposed Action Approval of the proposed Redevelopment Plan is intended by the Agency to induce growth within the Project Area and concentrate otherwise scattered growth. The proposed Project represents a tool for implementation of the La Quinta General Plan, and is intended to result in substantial economic development growth, including the rehabilitation of existing housing, development of new housing, and employment through new commercial and industrial development. New development will require upgrading of the existing public infrastructure system and community service facilities to accommodate the increased demands resulting from such growth. As a result, the \taquiM \dre eo-\ee 12 107 Project includes proposals for circulation system improvements, storm drainage, sewer ` line improvements, street lights, fire protection and park facility improvements. 11 KI Development of the Project Area as proposed will provide short-term construction jobs and create long-term primary and secondary service -related employment. The total construction force needed at any given time will not be significant, as the new development in the Project Area is anticipated to proceed in an incremental manner over the next 40 years. The majority of this labor force is likely to commute to the Project Area from within the region. \Ia uima\drafieir\secs&I2 108 ;l K 9.0 EFFECTS FOUND NOT TO BE SIGNIFICANT The preliminary environmental assessment (Initial Study) for the proposed Project indicates those environmental effects which were determined to be insignificant or unlikely to occur. The Initial Study is included in its entirety in Appendix A of this report. \IMuiMa\dr eir\s &12 109 l 10.0 ORGANIZATIONS AND PERSONS CONTACTED City of La Quinta Mr. Ronald Kiedrowski, City Manager Mr. Henry Harvey, Director of Finance Mr. Murrel Crump, Director of Planning Mr. Jerry Herman, Principal Planner Mr. Frank Reynolds, Director of Public Works Mr. Roger T. Hirdler, Community Safety Director Coachella Valley Mosquito Abatement District Mr. Mike Wargo, District Manager Desert Sand Unified School District \1 a001-\d�-11\—n 12 110 11.0 LIST OF PREPARERS AND CONTRIBUTORS TO THE REPORT f Rosenow Spevacek Group Inc IJ Frank Spevacek, Principal David Meyer, Senior Associate Anne Watson, Senior Research Analyst Joseph Yew, Research Analyst Stevenson Porto and Pierce Michael Porto, Principal \IeeuiMe\drefleir�s &12 111 12.0 REFERENCES 10 City of La Quinta "General Plan" 1985 City of La Quinta "Master Environmental Assesment/Environmental Impact Report" 1985 City of La Quinta "Highway 111 Specific Plan (draft)" 1987 City of La Quinta "The Grove - EIR Addendum" 1984 City of La Quinta "Resolution No. 85-26 (Development Fees) Desert Sands Unified School District "Administrative Support Facility Master Plan" 1987 Coachella Valley Mosquito Abatement District SCAG - Draft Regional Housing Needs Assessment 1988 SCAG - Preliminary Draft Growth Management Plan 1988 SCAG - Preliminary Draft City Growth Allocations 1988 BSI Consultants Inc "Amendment to Traffic 1988 Study for North La Quinta" BSI Consultants Inc. "La Quinta Master Plan of Drainage 1987" La Quinta Redevelopment Project Area No. 1 EIR 1983 Riverside County Redevelopment Project No. 4 EIR 1986 11 El \1e uinte\Amfleir\aecte 12 112 13.0 COMMENTS AND RESPONSES ON THE DRAFT EIR 13.1 Introduction The Draft Environmental Impact Report (Draft EIR) for the La Quinta Redevelopment Project Area No. 2 was completed in July, 1988. The Draft EIR was prepared to respond to the finding, of the La Quinta, that the proposed project MAY have a significant effect on the environment, (see Environmental Initial Study, March 22, 1988). The Notice of Intent to prepare the Draft EIR and the Initial Study was sent to 67 responsible agencies. Fifteen (15) agencies responded and their correspondence is included in the Draft EIR. The Notice of Completion of the Draft EIR was sent to the same 67 responsible agencies, plus additional interested persons who requested copies. Completion was published in local newspapers, and the Draft EIR was available for public review at the La Quinta City Hall and local libraries. The Final EIR has been prepared in response to written comments received on the Draft EIR. Seven (7) agencies submitted comments. The Final EIR will be presented to the La Quinta Planning Commission at a public meeting on December T3, 1988, and to the La Quinta City Council in the first quarter of 1989 (approximately February or March), for review and Redevelopment Agency certification. 13.2 Comments and Responses to Comments This section presents the comments and responses on the Draft (EIR), as well as, corrections to the document. 113 The following agencies provided comments on the Draft EIR. ® 1. BEST, BEST & KREIGER , ATTORNEYS - CITY OF INDIO 2. CITY OF INDIO, CALIFORNIA 3. COACHELLA VALLEY WATER DISTRICT 4. COUNTY OF RIVERSIDE - FIRE DEPARTMENT 5. STATE OF CALIFORNIA - DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT 6. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION 7. STATE OF CALIFORNIA - DEPARTMENT OF WATER RESOURCES 13.2.1 Best, Best & Kreiger October 6, 1988 COMMENT: The firm requested notice of any and all proceedings or draft or final documents having to do with environmental requirements of the proposed Redevelopment Plan for Project Area Number 2. ® RESPONSE: Comment noted. 13.2.2 City of Indio September 28, 1988 COMMENTS: 1. The City feels that the proposed Redevelopment Plan fails to meet the current legal definition of a Redevelopment Project Area as defined by Health and Safety Code Section 33320-1. Specific exception was taken to the definition of "predominantly urbanized" and "blighted". 2. The Draft Environmental Impact Report does not provide information or substantiating data that the Project Area meets the criteria for a Redevelopment Project Area. 3. Page 10, the Draft Environmental Impact Report does not summarize or describe the data or information contained in the referenced 'Preliminary Report" relative to the definition of blight relative to the proposed Project Area. 4. The proposed project is so poorly defined (even for a very general proposed project) that the Draft EIR has no focus and no real analysis. The environmental effects discussion is not an impact analysis based on fact. 114 5. Discussion in the Draft EIA text consists of rehashed General Plan issues and no focus on any potential consequences. The potential impacts attributable to the proposed plan are never adequately characterized for the reader. In most cases, noise is a notable exception, no criteria are provided for determining what is and what is not a significant adverse environmental impact. 6. The document provides generic descriptions of resources and infrastructure systems that contain few facts that can be confirmed and independently evaluated. Almost all impact sections contain unsupported or undocumented conclusionary statements. 7. Incorporation by reference requires summaries of data or discussions of the data in order to allow the Draft EIR to stand alone and be independently evaluated. 8. This document fails to present clear conclusions of impacts that are factually based and then to provide some assessment of mitigation measure consequences. 9. This document contains a bias throughout that makes it appear that a positive environmental benefit of the redevelopment project will be additional development. This bias prevents an evaluation of actual impacts. 10. Many of the mitigation measures identified in the document are legal requirements that do not provide any real mitigation. Mitigation beyond legal requirements must be achieved. 11. Page 1, All of the summary sections will require rewriting if adequate responses to the comments are addressed. 12. Page 2, The document fails to include specificity even though proposed projects are identified. The projects should be evaluated. 13. Pages 3-7, The summary of impacts must be recrafted after new information is developed and after new conclusions are reached. 14. Page 8, Define specific blighted areas that cannot be developed without this redevelopment project. Once defined, resources at risk in these areas could be characterized and quantified in a more specific evaluation. 15. Pages 9 and 10, Wholesale incorporation by reference without providing any summary or discussion of the data makes it impossible for an intelligent person to follow the analysis. 16. Page 10, No reference or justification is made to the location of specific blighted areas and the type of blight experienced. 17. Page 10, The description of the plan is general and ignores the specific projects identified in the Preliminary Report. E 115 18. Page 14, This section, as well as the alternatives section at the end of the document, fail to address why the project boundary was ® selected. 19. Page 15, Item four (4) discusses specific infrastructure (not environmental) system inadequacies. Define in some detail the project description to allow for an appropriate level of evaluation. 20. Page 15, item #6, Identify areas of inadequate drainage improvements and which , of these are assumed to be undevelopable without the creation of this redevelopment area. 21. Page 15, item #7, Which areas are economically stagnating that need to be redeveloped. 22. Page 15, item 8, Define underutilized as meant in the Plan and relate to environmental conditions. 23. Pages 18 and 19, Discuss the indirect impacts due to the projects supported by the redevelopment envisioned or supported by this project. 24. Page 20, Identify the location of the proposed projects as set forth in the Preliminary Report. 25. Page 23, Table 2, Identify portions of the Project Area that are blighted and dependent upon the redevelopment project for future ® implementation. 26. Page 24, Locate areas with "dilapidated structures" and define "unintensive land uses". 27. Page 24, Define coverage factor for residential areas and evaluate within the text where appropriate. 28. Page 25, Provide the data necessary to sustain the conclusions regarding consistency with the City General Plan and the air quality plan. 29. Page 26, Please address the envisioned housing market in the City and whether the City intends to serve a large percentage permanent population. 30. Page 29, Identify the amount of land that has been subdivided and remains to be developed, and how this affect relates to the eligibility of such areas to be included in the redevelopment area. 31. Page 32, Figures 12 and 13 are referenced but no information is given to explain the figures. 32. Page 32, Reference to Figure 15 does not make sense. 33. Page 33, The top sentence does not make sense and clarify what is do shown in Figure 16. 116 34. Page 33, Provide the growth rate data to support conclusion and define the ultimate population anticipated in the redevelopment planning area. 35. Page 33, The issue of temporary occupancy versus permanent occupancy and the use of statistics needs to be clarified at this point. 36. Page 35, The biological setting is far too narrow and does not evaluate the impacts of the proposed project. 37. Page 36, The fact that the proposed redevelopment has a 40 year life should have been mentioned in the previous two sections. 38. Page 37, Provide or summarize data from other documents that allow an independent conclusion regarding that blight is causing a lack of proper utilization of the area. 39. Page 37, Provide an analysis that the land use, land uses, existing land use conflicts or text and policies for the redevelopment plan is consistent with "all" of the text of the La Quinta General Plan. 40. Page 37, This section does not contain an analysis of land use consequences in relation to surrounding jurisdiction in terms of conflicts and impacts. 41. Page 40, The third sentence on this page is invalid. 42. Page 40, The proposed mitigation measure is mandated by law and therefore does not constitute real mitigation. It should be deleted. Correct all subsequent sections. Furthermore, no evaluation of the effectiveness of mitigation is provided and potential impacts from implementing proposed mitigations are not assessed. 43. Page 42, Provide independently verifiable justification that the Project Area actually represents the population and housing. 44. Page 43, Provide an analysis of the projects potential impact on population, growth, race and other demographic and socioeconomic features. 45. Page 44, Mitigation measures 1 and 3 are mandated and therefore do not constitute real mitigation. 46. Page 48, Generic data lifted from other non cited documents does not analyze the segregated impacts of the proposed project. 47. Page 48 and 49, Describe lost habitat, increased runoff, etc. to understand the consequences of implementing these measures. 48. Page 50, Recent PM10 data clearly indicates that secondary aerosols, not just carbon particles from fires and dust, are a major contributor to particulate exceedences. This area has degraded air 117 and much of the particulate problem is probably of area origin, not ® regional. 49. Page 51, Provide quantitative data indicating the severity of local non -attainment pollutants and the health problems related to them. Note that other sources besides wind blown dust constitute the particulate problem. 50. Page 52, The discussion on this page is generic nonsense. Provide a framework to outline how the proposed project will contribute to or impact the local air quality setting. 51. Pages 53 and 54, Provide a list of the measures identified as achieving mitigation in the appendix from each of the referenced texts. 52. Page 54, What is the implication of the volume of emissions that can ultimately be attributable to the proposed project. 53. Page 55, Note the volume of water that will be consumed by the proposed water spraying mitigation and how does it impact cumulative consumption of water? 54. Page 55, Mitigation measures with should statements are not assured mitigation. _- 55. Page 56, This section attributes all noise to the proposed project ® and focuses on traffic and construction noise when other activities (play at parks, commercial activities and others) generate noise. 56. Page 57, Please supply data relative to noise sources other than traffic and construction that will occur as a result of this project to allow the reader to make an independent conclusion. 57. Page 57, The last sentence on the page is not analysis, it is rationalization relative to the control of noise levels. 58. Page 61, The first sentence on the page does not make sense. Please clarify. 59. Page 61, Are all uses within the redevelopment area compatible with projected noise levels? Supply additional data. 60. Page 61, Identify location of affected areas and are they really subject to mitigation? 61. Pages 61-67, Each public service should be re -addressed and adequate data should be provided to evaluate impacts of the proposed project. 62. Pages 68-71, None of these sections contain an analysis of the impacts of the proposed project. A few numbers are thrown out but t are not related to any context or to any criteria for determining significance. 118 63. Page 74, The conclusion that long term consumption of electrical energy will be significant seems to contradict the California Energy Commission conclusions for the next 20 years. 64. Pages 74 and 75, Supply natural gas consumption data to support cumulative impact conclusion. 65. Page 75, This section is replete with conclusionary statements. A total revision is needed to supply a quantitative analysis. 66. Page 76, The impact section contains no analysis or data to support any conclusion and mitigation measures identified as requirements do not constitute real mitigation. 67. Pages 77 and 78, The whole sewage generation analysis suffers in the same manner as the water analysis. 68. Page 80, Provide the general values that should be used in the UBC equation. Also depict the location of other geotechnical hazards and their severity. 69. Page 84, The analysis of impacts contains the same inadequacies described previously for the discussion on present setting. 70. Page 85, Figure 15 in unintelligible and needs to be recrafted to be readable and interpretable. Do 100 year flood areas exist along either of the Bear Creek tributaries? 71. Page 86, The existing facilities discussion does not make sense. 72. Page 93, Please describe what is entailed in alleviating impacts and what impacts will occur downstream. 73. Page 95, Light and glare analysis ignores Mt. Palomar Observatory. 74. Page 98, First paragraph, Change ontofical to ontological and provide data conslusionary statements. 75. Page 99, What happens when a conflict occurs between Native American resources, including burial places and the City's General Plan and Redevelopment Plan? 76. Page 100, The whole section requires revision. Please provide after the re -analysis is completed. 77. Page 102, Please revise and provide a short comparative analysis for each issue evaluated within the "no project" alternative. 78. Page 102, The inability of the City to fund improvements without redevelopment is not documented. 79. Page 103, More data and analysis is required to establish that the "proposed alternative is more environmentally beneficial". 119 ® 80. Page 103, More data is needed to evaluate alternative locations (boundaries) that could have been selected. 81. Page 106, This long-term vs. short-term discussion will need complete revision based on additional data. 82. Page 107, The irreversible impact analysis will need similar revision as noted in no. 81, above. 83. Page 107, Provide analysis and discussion of the consequences of induced growth in the project area on adjacent jurisdictions. RESPONSES: 1. The intent of the subject EIR is to present an analysis of the environmental effects expected to occur as a result of establishing the Redevelopment Project Area. No attempt has been made to analyze definitions contained in the State Health and Safety Code, nor to justify whether or not the project satisfies these requirements. Documentation of these conditions appear in the Preliminary Report for the proposed Project Area dated June, 1988. 2. The Draft EIR quantifies, to the extent possible, the potential impacts which may result in the event that the subject Project is implemented. However, in an effort to present as much information as possible, a copy of the "Preliminary Report for the Proposed City of La Quinta Redevelopment Project Area No. 2" has been included Ask as an appendix. This Report provides the referenced information. 3. A copy of the "Preliminary Report for the Proposed City of La Quinta Redevelopment Project Area No. 2" has been included as an Appendix. 4. As stated in the preface of the Draft EIR ... this document "may best be referred to as a Program EIR (as per CEQA Guidelines Section 15168) which will serve as the primary environmental documentation for the Project". The Redevelopment Plan does not in itself implement any specific land development. The land uses and intensities for the Project Area are contained in the City's General Plan, which was adopted after much collaboration with surrounding cities. The Preliminary Report further defines the purpose of the Project, the Report included the Appendix. 5. The Redevelopment Plan, as stated on page v, is intended to be a vehicle through which the implementation of future private development is encouraged. The Redevelopment Plan proposes to create the tools to finance development as specified in the City's adopted General Plan. As specific development proposals are recognized, additional environmental analysis will be required. This action will provide data of a site specific nature. We agree that the data contained in this Draft EIR represents an overview of allowable redevelopment i 120 activities. However, the data is consistent with degree of specificity of a redevelopment plan. 6. We have attempted to provide as much relevant data as possible to describe resources and infrastructure in the Project Area. Furthermore, additional data sources have been cited in the event that the reader requires more specific information. We have attempted to avoid redundancy in reiterating information contained in public documents which have been previously circulated for comment and review. 7. The degree of specificity of the EIR generally corresponds to the level of detail contained in the proposed Redevelopment Plan as allowed pursuant to Section 15146 of the CEQA Guidelines. The incorporation of other documents by reference is not meant to stifle discussion of significant environmental issues. The referenced documents are meant to direct an interested reviewer to the location of additional data. 8. In light of the scope and focus of the Redevelopment Plan, the conclusions and mitigation measures are consistent with the current level of review. As subsequent analyses are made of site specific projects more data will become available for evaluation. Future technological advances over the 40 year life of the Plan will undoubtedly provide superior mitigation of environmental impacts. 9. This document assumes that the Redevelopment Plan will provide financing mechanisms to implement development activities set forth in the City's adopted General Plan. It is assumed that the goals and objectives set forth in the adopted General Plan are positive environmental impacts for the community or that the impacts associated with development are or will be mitigated on a site specific basis. 10. We belive that. legal mitigation measures have been developed to avert negative environmental impacts. The use and support of these legal measures will, in our analysis, provide a method by which significant environmental impacts will be avoided, as well as a measure of positive influence over future development. As projects are presented to the Agency/City, site specific mitigation measures will be required to reduce known negative impacts to acceptable levels. 11. The EIR summary sections have been reviewed in light of all comments received as a result of the circulation of this document. No modification is necessary. 12. The projects identified in the EIR will be reviewed in detail in conjunction with future funding and implementation. The Redevelopment Plan has a 40 year life. Projects that may be implemented 20 or 30 years hence will more than likely be subject to new technological advances. It is beyond the scope of this document to analyze finite details of projects that will not be implemented within the next five years. All projects have been 40 121 acknowledged in the City's adopted General Plan and associated ® environmental documents. 13. The review of comments has been completed, and no modification of the summary of impacts sections is necessary. 14. The most dramatic blighted area that cannot be developed without this redevelopment project is located along the Highway 111 corridor. Figure 3 delineates the location of the proposed infrastructure improvements. Table 1 indicates the kind and estimated cost of such improvements. The existence of a new unoccupied commercial building at the northeast corner of Washington Street and Highway 111 is a monument to the economic stagnation of the area. It is also apparent that the Highway 111 corridor is developed to the east and west of the Project Area. All things being equal in terms of land cost and potential market factors, there is no reason, except the cost of infrastructure improvements, that inhibit development of the area. We believe that the resources at risk in this area have been characterized and quantified to the degree possible. Again, site and project specific development will be analyzed in conjunction with the development review process. 15. The Preliminary Report and Proposed Redevelopment Plan for Project Area No. 2 are included in the Appendix. Copies of these documents have been submitted to all affected taxing agencies for 1 review and comment. Copies have also been made available for public viewing. 16. The definition and location of blight was not within the focus of the EIR. The Preliminary Report details blighting conditions. 17. The proposed Redevelopment Plan and Preliminary Report are included in the Appendix. 18. The'Project Area boundary selection process is adequately defined in the Preliminary Report which is attached. The selection process is beyond the scope of the EIR. The EIR deals with the potential environmental impacts in the event that the project is implemented. Reasons for the selecting the project boundary can be found on Pages 14 through 18 of the Draft EIR. 19. The Project objectives are detailed in terms of installation of infrastructure systems enumerated in Table 1. Project characteristics can be found on Page 18. 20. The proposed drainage improvements for one side of the Whitewater channel will cost approximately $200 per foot. Financing of such improvements will at least double the cost measured in 1988 dollars. Lots having significant amounts of frontage on the channel will experience a disproportionate share of the cost of such improvements. Prospective developer: have considered various methods of financing the required infrastructure 122 improvements and the probability of obtaining sufficient revenue to finance such development. To this date all development proposals along the Highway 111 corridor have been avoided by the private sector. 21. Locations within the Project Area that suffer from economic stagnation are defined as property that is not served by adequate infrastructure and areas that are subject to flood hazards, see Figures 3 and 16. 22. Underutilized property is defined as property that is developed as non -conforming uses of land; contains abandoned or blighted structures; or cannot be developed because it is subject to flood hazard due to the lack of infrastructure improvements (see Figures 7 and 16). 23. The indirect impacts which may be created by projects supported by redevelopment is too speculative a topic for evaluation at this point in time. The General Plan and Master EIR as well as this document have evaluated possible or potential impacts which may result from the development of the area in accordance with the adopted Land Use Element. The use of redevelopment activities can be thought of as a financing method to achieve the desired development activities and goals set forth in the City's adopted General Plan. As the redevelopment process begins to finance development, those projects will be adequately analyzed in terms of environmental impacts. The improved degree of specificity will avoid speculation and will better meet the intent of CEQA as providing data for evaluation. 24. The location of the proposed redevelopment projects have been set forth in Figure 3. 25. The proposed Redevelopment Project Area No. 2 is defined as blighted pursuant to Sections 33031, 33032 and 33035 et. seq. of the Community Redevelopment Law. (See Preliminary Report.) 26. This portion of the EIR "Project Characteristics" and specifically the subsection "Land Use and Development Potential' is provided to advise the reader that redevelopment activities/financing will be available to assist property owners in rehabilitating dilapidated structures and to increase the development intensity of land in conformance with adopted land use policies. The primary focus of the Redevelopment Plan is along the Highway 111 corridor. The mention of a wide range of legal redevelopment activities is not meant to be a commitment that all activities will be used or initiated simultaneously. 27. The residential land uses in the Project Area are considered typical of residential development through -out the entire City. The average family size is 2.99 persons per household. Low density residential land use will yield 3 dwelling units per acre. Medium density 40 123 residential will yield approximately 11 dwelling units per acre. The estimated population of the Project Area is 32,500 persons. The ' number of dwelling units at build -out is estimated to be approximately 10,875. This data was used in the preparation of the Draft EIR. 28. Please see Page 26 for information relative to consistency between the Redevelopment Plan and the City's adopted General Plan and the Air Quality Plan. 29. See Response (No. 35). The City's Housing Element provides the adopted housing development policies for the City/Agency. The Agency will attempt to meet the stated goals with respect to principal housing for low and moderate income persons. The housing policies are as follows: Policy 8.1.1 Inclusionary Housing - Development will contribute to the supply of affordable housing through contributions to a housing fund managed by the City or including housing of varied type and price. Developers should be provided with a modest density bonus if units were provided with in the boundaries. Policy 8.1.2 Mixed Use - Commercial developments with a residential component are encouraged in the northern part of La Quinta along State Highway 111. Policy 8.1.3 Code Enforcement Program - Building and related codes will be enforced so that the existing supply of small, moderately -priced units is maintained in good repair. Policy 8.1.4 The City will make redevelopment funds available for the provision of affordable housing. Policy 8.1.5 Other sources of Federal and State funds will be used to construct new units and maintain existing units. 30. The Preliminary Report outlines the blighting influences and the reasons for selecting the Project Area. The focus of this EIR does not include data relative to meeting the full intent of the Community Redevelopment Law. The EIR presents data which assumes that the Redevelopment Plan will be implemented. Matters of eligibility for including property in the Project Area is a topic of the Preliminary Report. 31. Please see Section 5.8 "Earth" subsection "Seismicity" for explanations and reference to Figures 12 and 13. 124 32. Figure 15 is an attempt to graphically depict major water shed in and around the Redevelopment Project Area. The discussion on Page 32 concerns itself with an overview of the Project Area environmental setting. Section 5.9 "Water Drainage" is a more detailed explanation of the existing conditions. 33. Your observation is correct. We have eliminated the word "into". Figure 16 shows the 100 year storm areas by a dashed line. The shaded area is defined by the Federal Flood Insurance Map as Zone "B" 34. The source of information for the population data has been cited. The City's Housing Element and the Coachella Valley Association of Governments (CVAG) and the Southern California Association of Governments (SCAG) have made the population projections. The City Planning Department estimates the population of the Project Area to be 32,500 at build -out. However, no time frame was given for the anticipated build -out. 35. The estimated population of the City of La Quinta as of 1986 was 7,710 persons. The housing stock was comprised of 3,880 dwelling units. The average family size is 2.99 persons. If you multiply 2.99 times the number of dwelling units (3,880) a projected population of 11,601 is derived. If you subtract the identified population of 7,710 from the projected population (11,601) the remainder is 4,431. One could divide the remainder by 2.99 (average household size) and the conclusion could be stated that approximately 1,482 (38.19%) dwelling units may have been used as second homes. 36. The biological setting contained in Section 4.4 of the Draft EIR focuses on a significant environmental findings. Other sections of the EIR describe the proposed Project Area. The La Quinta Master Development EIR surveyed and analyzed the entire City, which includes the Project Area. Site specific analysis will be performed as project proposals are reviewed. 37. The fact that the proposed Redevelopment Plan has a 40 year life was mentioned on Page 13 under the heading "Project Description". 38. Rather than providing additional data summaries we have provided the proposed Redevelopment Plan and Preliminary Report for data purposes. 39. As each redevelopment project is considered for implementation a process will be adhered to which allows for analysis of the project with respect to compliance or, if you will, consistency with the adopted General Plan of the City which is in effect at the time of the project implementation. Such a review and finding must be made prior to the implementation of redevelopment activities. 40. The land use established by the City's adopted General Plan will not be altered by the Redevelopment Project. The redevelopment activities may compete with other redevelopment agencies in the 125 surrounding area. It is generally understood that competition between development agencies for quality development projects provides a forum for healthy growth in defined project areas. The creation and adoption of the General Plan is an important process wherein the development policies and goals of incorporated cities are subject to scrutiny of surrounding cities and the county in which they are located. I -and use issues have been reconciled with surrounding jurisdictions during the development and review of the General Plan. The Redevelopment Plan is a method of removing impediments to development eliminating hazards and assisting in realizing the full potential of the City's General Plan. 41. The comment is not specific enough to formulate a response 42. A measure that mitigates a potential environmental impact, in our opinion, should be noted in the EIR. It is irrelevant whether it is mandated by law. It is important to note that the Agency will not undertake redevelopment activities that require relocation assistance until funds are available to provide such assistance. In addition, it is noted that the Agency could provide additional financial assistance which it deems necessary to carry out the purpose of the Project. In this respect the additional assistance is not mandated by law. The Executive Summary Table (pages 3-7) identifies the effectiveness of all mitigation measures. Implementation of mitigation measures at this stage of environmental review, is not preceived to cause a significant environmental effect. 43. Housing and population data has been provided as a response to Comment No. 35. 44. The Agency's housing policies will be a matter of annual review with respect to development that has occurred in the Project Area. The Agency's housing policies will be measured against the City's Housing Element and its regional fair share of housing needs. The constant modification of need relative to a time continuum will be monitored by the Agency and its reviewing agencies. Speculation at this level of specificity would not produce creditable data that would have meaning to the reader for a long range (40 year) evaluation. 45. We believe that the EIR would be deficient in its purpose of supplying the reader with as much relevant information as possible if these mandated mitigation measures were not disclosed.. It is important to note that the General Plan Housing Element must be updated periodically and that this process provides for public input and comment. With respect to housing, the redevelopment process is continually evaluated and open to new methods of achieving Aalk adequate housing for all economic segments of the community. 901 126 46. The data summarized in this section is contained in Appendix 'C" - Traffic Study. 47. The issues of lost habitat and increased run-off are discussed throughout the EIR and specifically addressed in Section 5.8 "Earth", Section 5.9 "Water Drainage", Section 5.11 "Cultural" and Appendix "D" - Master Plan of Drainage. 48. The Southern California Association of Governments (SCAG) 1988 Draft Air Quality Management Plan defines PM10 as follows: PM10 refers to small suspended particulate matter, 10 microns or less in diameter, which can enter the lungs. Nitrates and sulfates, as well as dust particles, are major components of PM10. These small particles can be directly emitted into the atmosphere as a by- product of fuel combustion; through abrasion, such as wear on tires or brake linings; or through wind erosion of soil. they can also be formed in the atmosphere through chemical reactions. The particles may carry carcinogens and other toxic compounds, which adhere to the particle surfaces and can enter the lung. The maximum annual average PM10 concentration in the South Coast Air Basin was about 80 percent above the federal standard in 1987. The City of La Quinta appears to lie within the 50 to 60 percent gradient as shown on the attached map. Attached please find the SCAG produced table indicating major source categories of emissions. Mobile sources are the major contributor behind the category entitled "Miscellaneous Processes". No Significant data is available under the discussion of PM10 that indicates secondary aerosols are significant sources of particulate matter. The SCAG report indicates under the heading of "Impact of Growth"..."If the effects of growth were removed, emissions of criteria air contaminants would, with the exception of PM, be expected to decrease substantially between 1985 and 2010..." The amount of particulate matter from stationary sources located in the Project Area (608 locations) is insignificant. The projected population of the Project Area at build -out has been included in the previous analysis contained in the Draft EIR. The conclusions are considered to be valid and no change in the mitigation measures is anticipated. The City of La Quinta and the Redevelopment Agency have committed to the implementation of attainment strategies as setforth in the adopted General Plan. 49. Comment noted. See response Number 48. 50. As stated on page 53, data is provided to give the reader a concept of eventual air quality impacts that may face the area, should development occur. The requested framework to outline the potential impact of the project on the local air quality setting will be established to quantify impacts on a development/site specific 127 basis. Redevelopment financing has no direct negative effect. However, development activity and future inhabitants may generate impacts on the local air quality. It is premature to speculate on the kind and amount of air quality impacts at this time. The data you seem to be requesting will be evaluated on a site specific basis. 51. We have provided reference to the Agencies that will be used during the review process of site specific development. It is considered that future technology will include new mitigation measures heretofore incomprehensible. Listing mitigation measures rather than describing the review process deals with a level of specificity not achieved in this EIR. 52. See Table 6 for data concerning potential emissions generated as a result of the build out of the Project Area. The implication of that construction activity may add to the degradation of the air quality, however, that effect is short-term and has the potential of being mitigated. 53. It is not possible to calculate the volume of water that may be consumed as the direct result of using water trucks to control future grading activity over the next 40 years. The variables that would impact such a calculation include the amount of material to be graded, the area to be graded, the time of year such activity would take place (i.e., during the rainy season or during time of high wind, etc.). Your concern is well thought-out, however, the impacts can best be measured and mitigated at a site specific development project. 54. The mitigation measures which include the word should represent current acceptable mitigation policy and programs. It is assumed that future technology may improve situations wherein these mitigation measures may not be required. Perhaps future dust control will be implemented by the use of resources other than water. It is noted that future grading operations must comply with local regulations. Future projects may be subject to a "Statement of Overriding Consideration", thus mitigation measures stated here may not or cannot be used to address the identified impacts. It is not possible to assure the reader that every future project will be adequately mitigated to current standards of acceptability. 55. The EIR defines noise as an undesirable by-product of transportation systems and certain land uses. Construction noise and traffic noise are cited as examples only. The gist of this section is to note that the desirable noise level in residential areas is less than 70dBA. All future development projects will be analyzed in terms of meeting this standard or the standard in effect at the time of development. 56. Exhibit "3' has been attached in response to your comment. The noise and land use compatibility guidelines have been derived from the guidelines for the preparation and content of Noise Elements of the General Plan, California Department of Health, Office of Noise 128 Control, February 1976. These guidelines are contained in the La Quinta General Plan and will be used to evaluate future projects. 57. It is important that we not loose sight of the level of specificity of the EIR. The project to be analyzed is the financing of development within the Redevelopment Project Area No. 2. To that end, data has been presented for review and comment. Specific design and construction techniques will be implemented on a site specific basis. Local ordinances have been developed to control the intrusion of unwanted noise levels in to the residential living environment. The mere mention of these controls and, if you will, mitigation measures is not preceived to be rationalization. 58. The last word on page 57 has been changed from "add" to "allow". Thank you for identifying the typographical error. 59. All land uses when subjected to noise mitigation measures are compatible with projected noise levels. The future planning and building analysis of construction plans will provide for noise antinuation elements, such as the lack of windows adjacent to the location of significant noise generators, the use of insulation, the use of noise absorbing building materials, installation of landscaping, the proper location of parks and play grounds with respect to living environments, etc. 60. Areas that may be affected by significant noise levels are delineated on Figure 10. Mitigation measures are to be imposed on all development in the Project Area. 61. A more in-depth discussion of each public service has been presented in the previously prepared environmental documents. In an effort to minimize redundancy and in accordance with CEQA Guidelines, the material has been summarized here. Each public service agency and district have been contacted for review and comment. With the inclusion of their comments in this document, they have indicated that sufficient data has been provided to evaluate impacts. In the event that you require additional data, it is your responsibility, as set forth in the CEQA Guidelines, to be specific in terms of the nature and extent of the additional data needed. 62. The numbers contained on pages 68-71 provide criteria for determining significance and were obtained from the designated Agencies. In the event that additional information is required, please focus in on asking a direct question and/or supply data to substantiate the point that you are trying to make. 63. The comsumption of electricity by approximately 10,000 dwelling units over the next 40 years is considered significant. A letter from the Imperial Irrigation District dated April 15, 1988, (see Appendix B of the Draft EIR) states that the projected demand would exceed the existing system's ability to deliver service. 129 64. The consumption of natural gas by approximately 10,000 dwelling units is considered to be significant. 65. All other reviewing Agencies, including the water purveyor, have found the noted page 75 to be acceptable. Please be more specific as to the kind, extent and nature of the requested information. 66. The water conservation measures set forth in the April 19, 1988 letter from the State of California Department of Water Resources will be included in all development review. 67. The Highway 111 Specific Plan, the La Quinta General Plan and associated EIR contain additional data relative to sewage analysis. These documents are available for public inspection. 68. The general seismic values that should be used in the design calculations for structures located in the project area vary slightly by location. It is important to contact the local building department on a site specific basis to verify the correct values. The location of the project area, with respect to geologic and seismic hazards, can be found on Figures 12 and 13. 69. No response is possible because the comment is vague and ambiguous. 70. Figure 15 identifies various drainage facilities in and around the project area. It is felt that the relationship and proximity of drainage areas have been adequately defined. The 100 year storm areas are delineated on Figure 16 which includes the Bear Creek tributaries. 71. The major storm drain system for the City of La Quinta has been constructed south of the Project Area. The water collected in this system is directed via the evacuation channel to the Whitewater channel. The evacuation channel and the Whitewater River channel are unimproved in the Project Area and are not capable of handling the water generated off -site, or up -stream of the facilities. Please see' Appendix "D" for pertinent portions of the "La Quinta Master Plan of Drainage". 72. The Whitewater River channel has been improved easterly of the Project Area. The water collected in the Project Area and the run-off generated by development will be deposited in the Whitewater channel The improvements downstream in the City of Indio appear to be adequate to handle foreseeable demands, see Appendix 'D". Therefore, no additional habitat is anticipated to be lost downstream. 73. The Project Area development will be reviewed in terms of use of low pressure sodium vapor lights so as to minimize the impact on Mount Palomar Observatory. 74. The word "ontogical", on page 96, has been changed to ontological". The remainder of the comment is vague and no t . further response is possible. 130 75. When future development occurs, the site's specific information will address Native American Resources. The resolution of conflicts 40 between the General Plan, Redevelopment Plan and the Native American Resources will be accommodated through established Federal, State and Local environment review procedures and methods. 76. Your comment has been noted. As a result of responding to comments thus far, no significant modifications of the EIR conclusions are anticipated. 77. The alternative section of EIR provides discussion of "No Project", "Reduced Project" and "Alternative Financing" and compares these alternatives to the proposed project. It is unclear as to what issues the commentor wishes to have discussed. Comments and responses have not generated sufficient data to materially affect the discussion of Project Alternatives. 78. City representatives have been contacted relative to determining the ability of the city to fund the construction of the described infrastructure improvements. The Capital Improvement portion of the city Budget does not provide for such infrastructure improvements. Section 7.3 of the EIR does include methods of financing other than tax increment. It is also made clear that tax increment financing alone, cannot fully fund the anticipated improvements. It will require a combination of financial resources to reach the stated goal. 79. The majority of the proposed infrastructure improvements are key elements in regional facilities, such as storm drains and road systems. The lack of such improvements has an impact on the function of the total system. A reduced redevelopment project would alter the ability of regional agencies to meet their stated objectives. Water run-off generated from up -stream locations must flow through the Project Area in the Whitewater channel. Traffic generated in other areas must pass through the Project Area. It has been noted that these two facilities, within the Project Area, are inadequate and cannot handle the anticipated demand for service. Therefore, as stated in the Draft EIR..."the reduced redevelopment alternative is not an environmentally superior alternative to the Project." 80. The probability of modifying the proposed redevelopment Project Area boundary has been analyzed in the reduced alternative. 81. The probability that redevelopment activity, will accelerated development of the Project Area is acknowledged and documented. The referenced Policy and Environmental documents address the Long -Term Implications of development in the Project Area. In our judgement, and without specific data from the reviewer, the existing data in Subsection 8.1 has been left unchanged. 82. See comment Number 81 above. 131 83. It is acknowledged that the development goals and policies of the surrounding jurisdictions overlap, in terms of competing for similar development projects. The development of regional shopping malls in one jurisdiction may have an impact on the neighboring jurisdictions. The joint planning activities that have taken place in the recent past are indicators that common problems have been addressed on a cooperative basis. The regional planning agency is another opportunity which avails itself to local participation in problem solving for mutual benefit. The creation of a redevelopment Project Area in and of itself should not induce growth which will impact adjacent jurisdictions. When specific development projects are identified, the opportunity will exist for adjacent jurisdictions to submit and review data which addresses growth related problems. 13.2.3 Coachella Valley Water District September 28, 1988 COMMENTS: 1. Page 6, After the sentence "Current water supplies are limited." add the following; "A portion of the project is within the service area of Improvement District No. 1. Landscape irrigation will utilize Colorado River Water(canal water) in order to conserve ground -water supplies. Dedication of areas for ground -water recharge ponds may i be required as determined by the Coachella Valley Water District. 2. Page 20, Under WATER SYSTEM. Please describe the procedures used for the determination that $1,585,000 will be required for the Main Line Distribution Center. 3. Page 20, Under SEWER SYSTEM. The procedures used for the determination that $1,585,000 is appropriate for the main lines (to lift stations) should be identified. Recognizing that pipe materials for a water system and a sewer system are very different, the determination of identical costs for both of these systems is a surprise. 4. Page 33, A 100 year storm is contained within the storm channel. Watershed discharging into the Whitewater is located both on Mt. San Jacinto and San Gorgonio. 5. Page 77, under EXISTING CONDITIONS. The interim facility located west of Adams Street and north of Avenue 52 no longer exists. Treatment is provided at a Water Reclamation Plant 4 (WRP4), located at Fillmore Street and Avenue 63. 6. Page 78, A planned regional treatment facility (WRP4) has been constructed. 132 RESPONSES: 7. Page 85, The 100-year storm is contained within the Whitewater River. Portions of La Quinta may be flooded in the event of a 500- year storm. Is 8. Page 85, Off -site regional flood control systems have been completed. 9. Page 86, Flood control facilities are constructed and provide protection. 10. Page 89, Identify the dotted (shaded) area at Zone B. 11. Page 91, Off -site control facilities are completed. 12. Page 91, The Heritage Country Club storm facilities were completed. 13. Page 92, 'Buy" should be "by". 14. Page 93, Last line "previous" should be "pervious". 15. Page 101, under WATER. Add the following: Dedication of areas for groundwater recharge ponds may be required as determined by the Coachella Valley Water District. 1. Comment noted and added to page Number 6. 2. This number was generated by the engineering firm BSI in the draft document "Highway 111 Specific Plan 1987". The number is used for budgeting purposes and will be further evaluated when precise engineering design is initiated. 3. See comment Number 2 above. 4. Your comment has been noted and included in the EIR. 5. Your comment has been noted and included in the EIR. 6. Your comment has been noted and included in the EIR. 7. Comment noted and included in the EIR. 8. Comment noted and included in the EIR. 9. Comment noted and included in the EIR. 10. Figure 16 has been modified to denote Zone "B" and included in the EIR. 11. Comment noted and included in the EIR. 12. Comment noted and included in the EIR. 133 13. Comment noted and included in the EIR. 14. Comment noted and included in the EIR. 15. Comment noted and included in the EIR. 13.2.4 County of Riverside - Fire Department September 28, 1988 COMMENTS: Page 62, Section 5.6 1. Riverside County Fire Station No. 32 currently serves a portion of the La Quinta area and is located at 78-136 Avenue 52, about 1/4 mile west of Washington Street. 2. Additional fire protection to the area is provided from County Fire Stations No. 31, Bermuda Dunes; No. 38, Indio; and No. 55, Indian Wells. 3. Mutual Aid agreements with adjacent jurisdictions would provide back-up fire protection if available when summoned. 4. The County Fire Department completed an informal study of the Project Area needs and presented that information to City staff on July 14, 1988. 5. A separate paramedic study is not being conducted by the Fire Department. 6. Several new fire stations will be added to the County Fire Department's system within the next 1-5 years.A fire station may be located approximately five miles east of Lake Cohuilla and would probably be a relocation of County Fire Station #38 in Indio. None of the proposed County Fire Stations will be located within the Project Area or provide direct protection to the area. 7. The County Fire Department does not recommend the relocating of the existing fire station from Avenue 52 to the south end of the cove. 8. A survey was completed within the City of La Quinta in 1987 by Insurance Services Offices, which resulted in a Fire Protection Classification Rating of #6. If a new study is desired, the City should request a survey from ISO. RESPONSE: 1. Comments on 1 through 8 have been noted and included in the EIR. 134 13.2.5 State of California Department of Housing and Community Development August 26, 1988 COMMENT: 1. Section 5.1 - It is the position of this department that relocation activities should not be undertaken until funds are definitely available to finance such activities. Displacement of low- and moderate - income households shall not occur until suitable units are available and ready for occupancy by the displaces at an affordable cost to the displaced households. RESPONSE: 1. The redevelopment Agency will not undertake relocation activities until funds are available. In the event that a substantial number of low and moderate income persons are to be displaced, a relocation plan will be prepared before such activity takes place. 13.2.6 State of California Department of Transportation September 26, 1988 COMMENTS: 1. Page 21-A, Funding mechanism should be established for the listed improvements to State Route 111. Those improvements should include the widening of State 111 from 4 lanes to 6 lanes. 2. Off -site mitigations for the cumulative traffic impacts of project implementation should be provided. Specifically, pro rata funding for the widening of the Washington Street overcrossing of Interstate 10 should be coordinated with the County of Riverside. RESPONSES: 1. The funding mechanisms for the list of improvements have been identified in Section 7.3 (Pages 104 and 105). The General Plan recognizes the ultimate width of Highway 111 as 6 lanes. 2. The City of La Quinta and the Redevelopment Agency are fully prepared to work with the County of Riverside in the development of Washington Street to its full width. 13.2.7 State of California Department of Water Resources September 26, 1988 COMMENTS: 1. It is recommended that the Agency consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses that require high quality water. 2. Recommendations as they relate to water conservation and flood damage prevention are attached. 135 M, t 49 3. State laws that require water -efficient plumbing fixtures in structures have been attached. 4. In flood -prone areas, flood damage prevention measures required to protect a proposed development should be based on the attached guidelines RESPONSE: 1. Comments 1 through 4 have been noted and included in the EIR. The Agency will work with the Coachella Valley Water District to ensure that each project is reviewed in terms of meeting the requirements of state and local laws and policy. 136 APPENDIX A ENVIRONMENTAL INITIAL STUDY/NOTICE OF PREPARATION i - _ 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 I;. NOTICE OF PREPARATION DATE: April 6, 1988 TO: Responsible Agencies FROM: The City of La Quinta SUBJECT: NOTICE OF PREPARATION -- DRAFT EIR REDEVELOPMENT PLAN / REDEVELOPMENT PROJECT AREA NO. 2 The City of La Quinta Redevelopment Agency is beginning the process of preparing an Environmental Impact Report to evaluate the impacts of establishing Redevelopment Project Area No. 2. At this time, your agency is requested to comment on the scope and content of the environmental information which is related to your agency's statutory responsibilities in connection with the proposed project. The project description, location and Initial Study are provided in the attached materials. As mandated by state law, your comments must be submitted at the earliest possible time but not later than 30 days from receipt of this Notice. As part of your comments. please indicate the name, address and telephone number of the contact person for your agency. Comments should be addressed to: David Meyer Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, California 92701 Murrel Crump Planning Director City of La Quinta MC:sa attachments y MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 1® ATTACHMENT 1 PROJECT TITLE: Redevelopment Plan / Redevelopment Project Area No. 2 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY LEAD AGENCY: CITY OF LA QUINTA LOCATION: The proposed Redevelopment Area No. 2 is generally located north of Avenue 50 between Washington and Jefferson Streets. Property north of Avenue 48, west of Washington Street to the corporate boundary is also included. The proposed Project Area includes approximately 3,164 acres. PROJECT DESCRIPTION: The Redevelopment Agency proposes to adopt a Redevelopment Plan that establishes Redevelopment Project Area No. 2. The Agency intends to correct blighting influences that inhibit development in the Area including: - the need to improve and/or provide public facilities and utilities including but not limited to drainage facilities, telephone service, gas service, sewer facilities and water distribution facilities to service both developed and subdivided undeveloped properties; - the need to recycle and/or develop underutilized parcels to accommodate higher and better economic uses to improve the financial viability of the community as a whole; - the need to expand the commercial and industrial base of the community; inadequate street improvements, with roads varying in condition and degree of improvement as they cross the proposed Project Area; inadequate drainage improvements that constrain the development of various parcels in the proposed Project Area, the cost of which cannot be borne by private enterprise acting alone; parcels of property that are inadequately sized for contemporary development and are held in divided and widely scattered ownerships. PROBABLE ENVIRONMENTAL IMPACTS: The EIR will address the Project's impacts on land use, drainage, natural resources, population, housing, circulation, transportation, public services, and utilities. \ItaulnW\natWea l PEE. t I e 1 I ."Its 'AVE WE UQ j. lrr •zz 1I_ TWM$ ` 1 � �k 1 eortEEenus« zscuA«o AVENUE 50__ S o g A �= z j I TAMP¢a CRY OF LA!OUNTA EXHIBIT 23A'g M a r 2 2. 1 9 8 1 CITY OF LA OUINTA, CALIFORNIA ROPOSE® REDEVELOPMENT PROJECT AREA NO, 2 APPROX.:3.184AC REDEVELOPMENT PROJECT AREA BOUNDARY i®sia LIST OF RESPONSIBLE AGENCIES -- LA QUINTA a Agricultural Commissioner Coachel4Valley Community Coachella Valley Resource 49-613 Highway 86, Suite B-12 College Disrict Conservation Center Coachella, CA 92236 43500 Monterey Avenue 83-180 Requa Avenue, Suite 3 Palm Desert, CA 92260 Indio, CA 92201 Clerk of the Board of Supervisors Riverside County Air Resources Board County of Riverside Office of Education Anne Geraghty 4080 Lemon street Superintendent of Schools 1132 S Street Riverside, CA 92501 3739 13th Street Sacramento, CA 95814 Riverside, CA 92502 Chief Administrative Officer Coachella Valley Public Cemetery Department of Boating & County of Riverside District Waterways 4080 Lemon Street 82925 Avenue 52 Barbara Kierbow Riverside, CA 92501 Coachella, Ca 92236 1629 S Street Sacramento, CA 95814 Assessor Coachella Valley Mosquito California Energy Commission County of Riverside Abatement District Greg Newhouse 4080 Lemon Street 837733 Avenue 55 1516 Ninth Street, Room 200 Riverside, CA 92501 Thermal, CA 92274 Sacramento, CA 95614 Auditor -Controller Coachella Valley Recreation and CalTrans - Div. of Aeronautics County of Riverside Park District Earl Tucker 4080 Lemon Street 4630 South Jackson 1120 N Street Riverside, CA 92501 Indio, CA 92201 Sacramento, CA 95EI14 Treasure - Tax Collector Eastern Municipal Water District CaiTrans - Planning County of Riverside P.O. Box 858 Mary Kelly 4080 Lemon Street Hemet, CA 92343 120 N Street Riverside, CA 92501 Sacramento, CA 95814 Library District Riverside County Flood Control Department of Conservation County of Riverside District Dennis Bryant 3581 7th Street P.O. Box 1033 1416 Ninth Street, Room 1326-2 Riverside, CA 92501 Riverside, CA 92502 Sacramento, CA 95EI14 Fire Protection Distrit Citrus Pest Control District No. 2 Department of Housing & County of Riverside 49613 Highway 86, Suite B-12 Community Development 210 W. San Jacinto Coachella, CA 92236 Bill Murphy Perris, CA 92370 921 10th Street, 5th Floor ® Sacramento, CA 95EI14 ',iaaum,a,respagen LIST OF RESPONSIBLE AGENCIES -- LA OUINTA City Manager City of La Quinta 78--105 Calle Estado La Quinta, CA 92253 City of Indio Planning Department P.O. Drawer 1788 Indio, CA 92202 City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 City of Indian Welts Planning Department 44-950 El Dorado Drive Indian Wells, CA 92210 City of Coachella 1515 Sixth Street Coachella, CA 92236 Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 Imperial Irrigation Dist. Mr. Tom Hill P.O. Box 248 Coachella, CA 92236 Chamber of Commerce P.O. Box 255 La Quinta, CA 92253 Desert Sands Unified School District Richard Beck, Fac. Plan. 82-879 Highway 111 Indio, Ca 92201 General Telephone Company Mr. Mike Carrillo 82-901 Bliss Avenue Indio, CA 92201 Riverside County Sheriffs Department Bill Walker P.O. Box FFFF Indio, CA 92201 Coachella Valley Television Earl Abbott 74-175 El Paseo Palm Desert, CA 92260 CalTrans, District 11 Transportation Planning Br Gene Pound P.O. Box 85406 San Diego, CA 92212 Riverside County Road Department Leroy Smoot 4080 Lemon Street, 7th Floor Riverside, CA 92501 Southern California Gas Company Sunline Transit Agency Mr. R.E. Hird, Dist Manager Lee Norwin 211 N. Sunrise 32-505 Harry Oliver trail Palm Springs, CA- 92262 Thousand Palms, Ca 92276 Palm Desert Disposal P.O. Box 3876 Palm Desert, CA 92261 Riverside County Planning 46-209 Oasis Street, Room 304 Indio, CA 92201 Coachella Valley Unified School District Dennis Learn, Asst. Supt. 87-255 Church Thermal, CA 92274 CalTrans P.O. Drawer N Indio, CA 92202 CalTrans, District 11 P.O. Box 81406 San Diego, CA 92212 Riverside County Environmental Health 46-209 Oasis Street, Room 203 Indio, CA 92201 Water Quality Control Board Colorado River Basin Region 73-271 Highway 111, Suite 21 Palm Desert, CA 92260 Fire Marshall 46-209 Oasis Street, Room 405 Indio, Ca 92201 11 11 `Jaya:n;a ;mspagen LIST OF RESPONSIBLE AGENCIES -- LA QUINTA E, Native American Heritage Department of General Services Commission James Hargrove Loretta Allen 1125 Tenth Street 915 Capitol Mall, Room 288 Sacramento, CA 95814 Sacramento, CA 95814 Office of Historic Preservation Department of Health Hans Kreutzberg Peter Rank P.O. Box 2390 714 P Street, Room 1253 Sacramento, CA 95811 Scramento, CA 95814 Department of Parks and California Waste Management Recreation Board James M. Doyle Eric Maher P.O. Box 2390 1020 Ninth Street, Room 300 Sacramento, CA 95811 Sacramento, CA 95814 Public Utilities Commission State Lands Commission George Hersh Ted Fukushima 350 McAllister Street 1807 13th Street i ®San Francisco, CA 94102 Sacramento, CA 95814 Public Works Board Department of Water Resources Kirk Stewart Ken Fellows 1025 P Street 1416 Ninth Street Sacramento, CA 95814 Sacramento, CA 95814 Reclamination Board Office of Planning and Research Mel Schwartz Glen Stober 1416 Ninth Street 1400 Tenth Stret Sacramento, CA 95814 Sacramento, CA 95814 Department of Food and District 11 Agriculture 2829 Juan Street Harry Krade San Diego, CA 92138 1220 N Street Sacramento, CA 95814 Department of Forestry Department of Fish and Game Dennis Orrick Yountville Facility, Bldg C 1416 Ninth Street, Room 1516-2 B. Hunter Sacramento, CA 95814 Yountville, CA 94599 Is Division of Water Quality State Water Resources Control Board Joan Jurancich P.O. Box too Sacramento, CA 95801 Colorado River Basin .Region (7) 73-271 Highway 111, Suite 21 Palm Desert, CA 922,50 \lapomia\,es�agen ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. Background I. Name of Proponent La Quinta Redevelopment: Agen ( is 2. Address and Phone Number of Proponent 78-105 calle Estado La Quinta, Calfiornia 92253 (6 19 ) 564-2246 3. Date of Checklist Submitted March 22, 1988 4. Agency Requiring Checklist City of La Quinta, California 5. Name of Proposal, if applicable Redevelopment Project Area No. 2 Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached s1heets.) Yes Maybe No I. Earth. Will the proposal result in: a. Unstable earth conditions or in changes x in geologic substructures? _ b. Disruptions, displacements, compaction x or overcovering of the soil? _ c. Change in topography or ground surface x relief features? — d. The destruction, covering or modification x of any unique geologic or physical features? _ e. Any increase in wind or water erosion of x soils, either on or off the 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 x any bay, inlet or lake? _ 2. 3. is M-artE No g. Exposure of people or property to geolo- gic hazards such as earthquakes, landslides, X mudslides, ground failure, or similar hazards? Air. Will the proposal result in: a. Substantial air emissions or deterioration X of ambient air quality? b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperature, or any change in climate, X either locally or regionally? Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either X marine or fresh waters? b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface X runoff? C. Alterations to the course or flow of flood X waters? d. Change in the amount of surface water in X any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, X dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow X of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an X aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water X supplies? i. Exposure of people or property to water re- tidal waves.) X lated hazards such as flooding or Yes Maybe No 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 X plants)? b. Reduction of the numbers of any unique, X rare or endangered species of plants? c. Introduction of new species of plants into on area, or in a barrier to the normal X replenishment of existing species? d. Reduction in acreage of any agricultural X crop? 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 X shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, X rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the X migration or movement of animals? d. Deterioration to existing fish or wildlife X habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce X new light or glare? 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned X land use of an area? 9. Natural Resources. Will the proposal result in: i a. Increase in the rate of use of any natural X resources? Yes Maybe No b. Substantial depletion of any nonrenewable natural resource? 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? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of on area? 12. Flousing. Will the proposal affect existing hous- ing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people ancj/or goods? e. Alterations to waterborne, rail or air traffic? X X tI t7 0 X X X X X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govemmental services in any of the following areas: X a. Fire protection? X b. Police protection? X X c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon exist- ing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creatiog.of any health hazard or potential F e ftli`hazard (excluding mental health)? b. Exposure of people to potential health hazards? 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? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes Maybe No X X X X X X X X X X X M X X X KI Pal b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or X historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect X unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact X area? Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environments substantially reduce the habitat of a fish or wildlife species, case a fish or wild- life population to drop below self sus- taining 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 X of California history or prehistory? 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 X will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (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 X impacts on the environment is significant.) _ d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: find that the proposed project COULD NOT have a significant effect th16 e environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect I —I on the environment, there will not be a significant effect in this case — because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. 1 find the proposed project MAY ment, and an ENVIRONMENTAL March 22, 1988 have a significant effect on the environ- (x IMPACT REPORT is required. _ Date 'Signature For City of La Quinta (Note: This is only a sugge ted form. Public agencies are free to devise their own format for initial studies.) Prepared by: David JZr� Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E. Santa Ana, California 92701 El W *ATE)? '01STRICS ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1LI58 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398-2651 DIRECTORS RAYMOND R. RUMMONOS. PRESIDENT TELLIS COOEBAS, VICE PRESIDENT JOHN P. POWELL DOROTHY M. NICHOLS THEODORE J. FISH Henry Harvey, Finance Director La Quinta Redevelopment Agency Post Office Box 1504 La Quinta, California 92253 Dear Mr. Harvey: OFFICERS THCMAS E. LEVY. GENERAL MANAGER -CHIEF ENGINEER DERNARDINE SUTION. SECRETARY Y.EITH H. AINSWDRTH. ASSISTANT GENERAL MANAGER RED.MN E AND SHERRILL, ATTORNEYS June 2, 1988 Subject: Redevelopment Project Area No. 2 File: 11_90.141 On April 15, 1988, your agency wrote a memorandum informing the Coachella Valley Water District of the proposed formation of Redevelopment Project Area No. 2. Although the base year report had not been completed, your memorandum referenced the plan adoption based on the 1988-1989 Assessment Role. The Coachella Valley Water District wishes to tender their objection to limiting all general purpose taxes and growth increments for the coming years. We request the La Quinta Redevelopment Agency provide a pass through of all general purpose taxes including growth increments. If you have any questions please do not hesitate to contact Gene Perry, Finance Director. LC:ra Kill Yours very truly, Tom Levy General Manager-Ch TRUE CONSERVATION USE WATER WISELY APPENDIX B CORRESPONDENCE IN RESPONSE TO THE NOTICE OF PREPARATION STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Gf" evelopment 21 Tenth Street, Room 601 Sacramento, CA 95814 (916) 324-8657 April 19, 1988 Mr. David Meyer, Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 Dear Mr. Meyer: Murrel Crump, Planning Director, City of La Quinta, has asked this Department, in a letter of April 6, 1988, to send you our comments on the scope and content of the environmental information related to housing impacts anticipated as a result of the establishment of the proposed Redevelopment Project Area Number 2 in La Quinta. This Department has limited knowledge regarding the activities of the La Quinta Redevelopment Agency. Our files contain only the Schedule HCD forms submitted to us by that agency through the State Controller's Office for Fiscal Years 1985-86 and 1986-87. It appears that Redevelopment Project Number 1 was a flood plain construction/correction activity which the agency indicates benefitted every resident of the project area. The Fiscal Year 1985-86 report, submitted by the agency indicated that 20 percent of the tax increments from Project Number 1 were to be set aside in a Low and Moderate Income Housing Fund. The setaside was deferred, however, and the agency reported an indebtedness in that account of $250,809 as a result of the deferral. The Fiscal Year 1,986-87 report prepared by the agency indicated that the deferral of the setaside as previously reported was an error; that a finding had been made in September, 1985 that setasides would not be made; and there was no Low and Moderate Income Housing Fund. When the proposed project area plan is evaluated, the City should assess its potential to adversely impact the housing market through activities that, for example, remove housing now occupied by low- and moderate -income households; diminish vacant land available for housing development; or create a jobs/housing + imbalance. Mr. Meyer Page Two r, , The proposed project plans also have the potential to address existing or anticipated housing problems. All redevelopment project areas must set aside 20 percent of their tax increments in a Low and Moderate Income Housing Fund unless certain findings are made pursuant to Health and Safety Code Sections 33334.2 and 33334.6. Those findings must be consistent with the Housing Element of the local General Plan. La Quinta adopted a Housing Element in December, 1986, which this Department found to be in compliance with State law. It contains a statement of identified housing needs and lists programs to be used wherever possible to attain housing goals during the years 1985-1990. When evaluating the proposed redevelopment plan, consideration must be given to its potential impacts with regard to those goals. We appreciate the opportunity to comment with regard to the scope and content of the environmental review to be conducted on this proposed redevelopment project. Please feel free to contact this Department if we can offer any additional information or assistance. Sincerely, William Murphy, Manager Local Assistance and Review Section cc: Murrel Crump, La Quinta Planning Director Lawrence Stevens, Director of Community Development Joe Carreras, Southern California Association of Governments Kathleen Mikkelson, Deputy Attorney General Bob Cervantes, Governor's office of Planning and Research Tom Bannon, California Building Industry Association WJM:MB:fs STATE OF CAUFGRNIA-GEHCE OF THE GOVERNOR GEORGE OEUKMEIIAN, G..., OFFICE OF PLANNING AND RESEARCH IAM TENTH STREET ® NTO. CA 93414 DATE: April 15, 1988 TO: Reviewing Agencies RE: The City of Laquinta Planning Department's NOP for Redevelopment Plan/Redevelopment Project Area #2 SCH# 88041111 Attached for your comment is the City of La Quinta Planning Department's Notice of Preparation of a draft Environmental Impact Report (EIR) for the Redevelopment Plan/Redevelopment Project Area #2. Responsible agencies rmt transmit their concerns and comments on the scope and content of the EIR, 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 ccmments to: David Meyer City of La Quinta 414 W. Fourth Street, Suite E Santa Ana, CA 92253- 92'70t 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 John Keene at 916/445-0613. Sincerely, , ,L David C. Nuneakamp Chief Office of Permit Assistance Attachments cc: David Meyer N c3` I -A �I �� _UO rv�af .J�3/u �� SP � G iyY�P G �FiJ �$T.F �PN•O O G az�` ;i P2V '2a1�o� ]pY3S tp]o P pE P pS`uf$_x iS H•U aJ P OL•<O �1 TP OT •tl P •J O .i iw' VE My'• � 5'� < yy'' < _ � J� � � 5!d � 83 U 8 Sg3 d!3 S 9I 2O Q 77O �ry 601U rjO�P O .�O_ y H_ .i LyH N �L R ^ti �LL. ti de_ lfloy' yo �o �•T(raQE Ax I� .pae3p� y: � 76jj V`s>oe3 !S?oa� :»OO. <G.02P •��¢T Gai-F Oa—+^� I �l N amM13N Q inQ.. Y%GLWT dNSZE HIM G G Cvv O G C 3 G 0 0 0 s z o g A mill •' a S^ ,n � yyy tyy.`� ao 5:n oyc Np C/ ,pQA? 6-xa �c�8m:o airs$ �So.ry J{i- 3 i(<i-CT Oa�LP da..�< •.ada ia.. L,_ N N G G G G G O 0 0 0 O C C 8 E Y 8� N �a � ��P � � � .. far Z�� 4.Y:� �E`� � •fix f 2; �a� Ees �< a�< Ly=i y�8< C •> ��ppp C G LL< m $V M�yZ PUm LSUP Y•J_•�O �N •�UN Lt.3, .� S��r J� 3��•� ��iG io ao3T i mac^ oerc°• "..E.0•4 3..3yy ri Yi $'i' —occ"' � $— $ F LQp.e �..J ry o �e i �. yy ��gg 8 �i p a N ��s gi i L NO En'; 'pp�Vy��yy w� ry`�Sola Eeaa{{0 ..y`��3j`RSa 9;faw.a �.ypeEa Y3sR-= V,U a.i V1P I�PNm Od��A i�Lo�P En'; ��^.l P- �! �a r.'.A< ii82 O _© C\O �g O. ® 020 J N J Us H is ! D r�-� ? 'sit E < s p a p I *, tR n- s ao � I b.� � iba a s cA 14 - i:�aaiaaa��_ wawa \V STATE OF CALIFORNIA STATE BOARD OF EQUALIZATION { EA SERVICES SECTION NILLIAM u E •:_ F„n Cana, 171 STREET, SACPAMENTO, CALIFORNIA -^_`n.Av H CCLLS (PO. 90% 1711, SACRAMENTq CALIFORNIA 95812a713) S wana U�ara. Lo. <re A. TELEPHONE: (91e) 44S6950 3 RNE STJ CPOUEr3UPO .P m. May 3, 1988 Mr. Henry Harvey Finance Director La Quinta Redevelopment Agency P. O. Box 1504 La Quinta, California 92253 Dear Mr. Harvey: nC O�ara. San � qn PAUL G PICNR Founn ^rnna. LL..r �.•. 'PAY 711 iS This is to acknowledge receipt, on April 18, 1988, of your initial filing and $1,800 processing fee for the proposed Redevelopment Project Area No. 2 within the City of La Quinta. Your filing is accepted as of our date of receipt. ® Prints from the maps you provided are being sent to our assessees. When we receive their property inventories, we will furnish you and the Riverside County Auditor with 1987-88 base year values of the affected state -assessed properties. In your letter you also requested the 1988-89 assessment roll values. These values will not be available until after July 31, 1988. We will provide you and the County Auditor with the values as soon as they are available. In order for us to do this Work, we must receive an additional fee of $300. If you have any questions regarding this matter, please contact Mr. David Martin at (916) 322-7185. 3 John Wong, Supervi ax Area Services/ VALUATION DIVISION JW:kasn t cc: Riverside County Assessor Riverside County Auditor r f •en n.. S+c��ry STATE OF CAUFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gov mo, DEPARTMENT OF CONSERVATION DIVISION OF ADMINISTRATION DIVISION OF MINES AND GEOLOGY DIVISION OF Olt AND GAS DIVISION OF RECYCLING 14I6 Ninth Sheet SACRAMENTO, CA 95814 (916) 322-5873 May 12, 1988 TDD (916) 324-2555 Mr. David Meyer Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 Dear Mr. Meyer: Subject: Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) for the Redevelopment Plan/Redevelopment Project Area No. 2. The Department of Conservation has reviewed the City of La Quinta's NOP for the project referenced above. The Department is responsible for monitoring farmland conversion on a Statewide basis and also administers the California Land Conservation (Williamson) Act. Because the proposal involves the loss of valuable farmland and/or the termination of Williamson Act Contracts, the Department offers the following comments. The proposal will adopt a redevelopment plan for approximately 3,164 acres. The Department has some concern that the proposal may fail to meet the current legal definition of a redevelopment project area as defined by Section 33320.1 of the Health and Safety Code. This Section, in part, defines a redevelopment project area as "...a predominantly urbanized area of a community which is a blighted area." "Predominantly urbanized" is further clarified as "...not less than 80 percent of the privately owned property in the project area has been or is developed for urban uses". Since our Important Farmland Map of the redevelopment area indicates that currently a large portion of the area is undeveloped, this may weigh against a "blighted" designation for the project area. We believe that this issue will have to be resolved before the project progresses in any substantive manner. Mr. Meyer Page Two with regard to subsequent environmental review on this project, the Department recommends that the Draft Environmental Impact Report (DEIR) provide clarifying information to substantiate the project area as meeting the criteria for a redevelopment project area. The DEIR should also provide information on the number of acres of agricultural land to be developed; the potential agricultural value of the site; the impacts of the conversion of that land; the cumulative and growth -inducing impacts of farmland of higher value in the project area; and possible mitigation actions. The loss of prime agricultural land, if any, should be quantified and such loss should be identified as a significant, unmitigated impact pursuant to the California Environmental Quality Act. The impacts of required cancellations of Williamson Act contracts(s), if any, affecting the project area should also be discussed in the DEIR. Information should include a map which identifies the location of agricultural preserves in the planning area, the number of acres and type of land in each preserve, (i.e., prime/non-prime); location of Williamson Act contracts on lands within and adjacent to the redevelopment area; and discussion of the effects that cancellation of Williamson Act contracts would have on nearby properties also under contract. The Department recommends mitigation measures and alternatives that would lessen the farmland conversion impact of the redevelopment project. Some of the possibilities are directing urban growth to lower quality soils in order to protect valuable farmland; protecting other, existing farmland of equivalent, or better, quality through the use of Williamson Act contracts; establishing buffers such as setbacks, berms, greenbelts and open -space areas to separate farmland from urban uses; and implementing right -to -farm ordinances to diminish nuisance impacts of urban uses on neighboring agricultural operations, and vice -versa. Also, farmland trusts, such as the Santa Barbara Farmland Trust, can effectively preserve agricultural land and should be considered in the analysis of mitigation alternatives. [] Mr. Meyer Page Three The Department appreciates the opportunity to comment on 'the NOP. We hope that the farmland conversion impacts and the Williamson Act contract issues are given adequate consideration in the DEIR. If I can be of further assistance, please feel free to call me at (916) 322-5873. Sincerely, ps -,-k�iv Dennis J. O'Bryant Environmental Program Coordinator PG:DJO:dlw 0089q/0005q cc: Stephen Oliva, Chief Office of Land Conservation 83.733 Avenue 55 • Thermal, CA 92274 • (819) 398.0119 BOARD OF TRUSTEES April 27, 1988 PRESIDENT PRINCE PIERSON Indian Wells David Meyer, Senior Associate VICE PRESIDENT Rosenow Spevacek Group, Inc. MAX C. REEFER, P.E. 414 West Fourth Street, Suite E Rancho Mirage Santa Ana, CA 92701 SECRETARY BOBBY G. DUKE RE: La Quints. Redevelopment Project Area # 2 -- Draft EIR Coachella JUDITH A. COX Dear Mr. Meyer: La Ouinta THEODORE J. FISH Upon examination of the Environmental Checklist Form received County -at -large in our office on April 11, 1988, I note under item # 17 Human WILLIAM L. GIBSON Health that you marked NO to both questions. I believe there Desert Hot Springs are several aspects of Human Health which have not been taken HARRY KRINGS into consideration. Cathedral City BEN LAFLIN, JR. Throughout the Coachella Valley including LaQuinta, man is County -at -Large continuing to make conditions conducive for the production of . ROTTSCHAEFFER, M.D. mosquitoes and eye gnats through conversion and development Palm Desert of land for agricultural, commercial, recreational and B. TURLO residential uses. Springs LD WALKER, D.V.M. Eye gnats are an annoyance to anyone engagedin outdoor Indio activities whether they are playing golf, gardening or just sitting on their patio. Also, they transmit the disease, conjunctivitis or "pinkeye", to humans and animals. This painful disease frequently affects children and can result in loss time from school. Mosquitoes are both an annoyance and a disease! vector of encephalitis, which is endemic to this area of California. This disease can strike any age person but is extremely serious for the young and the elderly. These insects will breed in all types of situations capable of holding water such as golf course lakes, ponds, swimming pools, jars, buckets, -street drains, storm drains, underground drainage systems and many others. Considerable work is required to keep these insects and the diseases they transmit under control to protect the public's health. ADMINISTRATION MICHAEL J. WARGO Sincerely, District Manager- COACHELLA VALLEY MOSQUITO Entomologist ABATEMENT DISTRICT STEPHEN DURSO I,4lant Manager - urologist ;�fiCG(d Michael J. Wargo, District Manager r�}�yactor is any insect of other arthropod, rodent or other animal of public health significance capable of MJ W/c2u1 idg human discomfort, injury, or capable of harboring or transmitting the causative agent of human disease. t/ p`C /F V t�. _ I RIVERSIDE COUNTY \ FIRE DEPARTMENT IN COOPERATION WITH THE JCALIFORNIA DEPARTMENT OF FORESTRY RAY HEBRARD FIRE CHIEF April 22,1988 David Meyer Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 Re: Draft EIR - City of La Quinta Redevelopment Plan/Redevelopment Project Area No. 2 210 W EST SAN JAC INTO A V ENUF, PURRIS, CALIFORNIA 92170 TELEPHONE: (714) 657.3183 Planning & Engineering 46-209 Oasis, Room 405 Indio, CA 92201 (619) 342-8886 In regards to the above referenced document, the Fire Department has the following comments: Fire protection services are provided to the Project Area by the Riverside County Fire Stations listed below: I. Station #32; located south of the project boundary. 2. Station #55; located west of the project boundary. 3. Station #31; located north of the project boundary. 4. Station #38; located east of the project boundary. 1 These exisitng fire defense facilities provide for an acceptable level of coverage to the Project Area. Additional faciilities or equipment w�ld be required within the Project Area if developed with increased residential density, high-rise buildings,or heavy commercial/industrial use. Substantial improvements, repairs or alterations to the existing facilities and equipment will be required during the time period adopted with the Project Plan. Adverse impact on the Fire Department would be a loss of ongoing revenues during this time period. — — — — Any additional questions or requests for comments should be addressed to: Ray Regis Chief Planner Riverside County Fire Department 4080 Lemon St., Basement Room 11-L Riverside, CA 92501 Sincerely[,, DENNIS DAWSON Planning Officer to TEUYCHONE 398 5811 VO WER POWER D I V I S I O N L.. W. IIDPD-DDC Mr. David Meyer Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, California 92701 Dear Mr. Meyer: C O A C y F_ L L A April 15, 1988 11 DISIf1ICI C A L I F O R N I A 9 2 2 3 6 Subject: City of La Quinta, Draft EIR - Redevelopment Project Area No. 2 Please be advised, the Imperial Irrigation District has existing overhead and underground power facilities in the project area. The existing system and additions or extensions from same would be utilized to provide service in the project area. The additional loads that would be generated by development in the area would increase the peak demand on the District's existing power system beyond its capability. This would result in the need for additional transmission, distribution and substation facilities to provide service for the future growth in the area. The District will require one substation site south of Highway 111, possibly at Madison Street and Avenue 48, or Dune Palms Road and Avenue 48 in the very near future. It is paramount that this substation (LA QUINTA SUB) be established in order to avoid developmental service restrictions, which would stifle growth within the project boundary. It is not the intent, nor should it be construed as such, that any inference to service availability having been implied from existing facilities is a guaranty of same, but rather a declaration of intent to provide service within the limits or capacity of the existing system. Large projects and service in general may be subject to the timely acquisition of the substation site by the developer, and transfer of title of same to the District. Yours very truly, d�� THOMAS G. HILL Design & Distribution Supervisor Power Department Coachella Division STATE OF CALIFORNIA-4USINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN. Governor DEPARTMENT OF TRANSPORTATION 1ICT 11, P.O. BOX 85406. SAN DIEGO 92138-5406 ®' May 4, 1988 11-RIV-111 (VAR -La Quinta) David Meyer Rosenow Spevacek Group, Inc. 414 W. 4th Street, Suite E Santa Ana, CA 92701 Dear Mr. Meyer: Notice of Preparation of a DEIR for the Redevelopment Plan/Redevelopment Project Area No. 2 - City of La Quinta Caltrans District 11 comments are as follows: 1. Consideration should be given to setting aside properties along State Route ill for park -and -ride sites. If the properties are made available to Caltrans at no cost, the State will be willing to enter into agreements to develop and maintain park -and -ride improvements that support traffic reduction on the State Highway System. Our contact person is Manuel Demetre, Chief, Regional Ridesharing Branch, (619) 237-POOL (7665). 2. New homeowner packets should include information on transportation. alternatives. For example, the City of La Quinta is served by Commuter Computer in San Bernardino, (714) 684-7433. Sincerely, W. R. DOTSON District Director By '.�AMES T. CHESHIRE, Chief Environmental Planning Branch MO: fj 11 ti STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF BOATING AND WATERWAYS 1629 S STREET / RAMENTO, CA 95814-7291 ,/ O 6) 445-6281 May 6, 1988. Mr. David Meyer, Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 Dear Mr. Meyer: City of La Quinta Redevelopment Project Area No, 2 The Department of Boating and Waterways is not a regulatory agency and'. does not issue any permits. However, we do review and may comment upon u. S. Corps of Engineer public notices for proposed projects and environmental documents which are submitted to us by the State Clearinghouse. For review purposes, the Department's interests lie in the following areas: 1. Potential for Navigation Hazards - To what extent might the proposed project affect safe navigation in California's waterways? 2. Beach erosion - Will the project affect the stability of coastal or bay beaches? Flood control projects, including dams and reservoirs, can have an impact on the transport of sand from rivers to coastal beaches. All coastal projects that intrude into the ocean are analyzed by Department coastal engineers. 3. Boating and Boating Facilities - To what extent might the proposed project affect existing or planned small craft harbors or launching facilities? To what extent might recreational boating activities be affected? 4. Public Trust - Placement of permanent residences or other facilities that would not be open to the public is analyzed by the, Department in regard to public trust. The public trust doctrine holds that public lands and waterways are to be used for public benefit. If you have further questions, please contact Barbara. Kierbow at (916) 445-6281. Sincerely, VLF &._L� 1 �. //jL ^ MOB•\• � ty. oc: State Clearinghouse OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE LeRoy D. Smoot Road Commissioner and County Surveyor County Administrative Center 4080 Lemon Street, 8th Floor P.O. Box 1090 Riverside, CA 92502 (714) 787-6554 April 28, 1988 Mr. David Meyer, Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 RE: Notice of Preparation of an Environmental Impact Report - Redevelopment Project Area No. 2.- City of La Quinta Dear Mr. Meyer: The Riverside County- Road Department has reviewed the project referenced above and has the following comments. We request an opportunity to review and comment on the DEIR traffic/circulation section. If you desire additional information, contact me at (714) 787-1445. Very truly yours, John Johnson Associate Planner JJ:lg cc: Warren Stallard, Indio Road Dept Office 11 STATE OF CAUFORNIA GEORGE DEUKMEJIAN, Governor NATIVE AMERICAN HERITAGE COMMISSION / 915 Capitol Mall, Room 288 l/ California 95814 90ento, ,2-7791 April 25, 1988 Mr. David Meyer Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 RE: Notice of Preparation - Draft EIR Dear Mr. Meyer: I have reviewed the files of the Native American Heritage Commission to determine the cultural/archaeological impact of the Redevelopment Plan/Redevelopment Project Area No. 2. The cultural/archaeological impact of the proposed project appears to be insignificant at this time. ' ® Since it is not an uncommon experience to discover unrecorded cultural/arch- aeological sites during construction, renovation, or redevelopment projects, please include in your planning process the steps outlined in CEQA guidelines Appendix "K". Archaeological Impacts. For your information and records update, Larry Myers has been appointed as the Ex- ecutive Secretary of the Native American Heritage Commission. Thank you for your concern and an opportunity for the Native American Heritage Commission to respond and provide input into your planning process. If we can be of future assistance please do not hesitate to call (916) 322-7791. Sincerely, �L a,J Earl T. Green, Jr. Program Assistant ETG/gmc cc: State Clearinghouse I® STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF FISH AND GAME 245 W. Broadway, Suite 350 n1 onq Beach, CA 90802-4467 �* 213) 590-5113 May 5, 1988 David Meyer, Sr. Associate Rosenow Spevacek Group, Inc. 414 W. Fourth Street, Suite E Santa Ana, CA 92701 Dear Mr. Meyer: We have reviewed the Notice of Preparation of a Draft EIR for the Redevelopment Project Area No. 2. To enable our staff to adequately review and comment on this project, we recommend the following information be included in the Draft EIR: 1) A complete assessment of flora and fauna within the project area. Particular emphasis should be placed upon identifying endangered, threatened, and locally unique species; 2) documentation of direct, indirect, and cumulative impacts expected to adversely affect biological resources within and adjacent to the project site; 3) mitigation measures proposed to offset such impacts; and 4) assessment of growth -inducement factors potentially affecting natural open space and biological resources. Set aside natural open space in sufficient acreage to provide habitat for native wildlife and include landscape programs, with native trees and shrubs, to provide habitat for wildlife. A portion of the proposed Redevelopment Area No. 2 is within the Coachella Valley fringe -toed lizard mitigation fee area. The Draft EIR for this project should mention this and note that private developments within the fee area are required to pay $600 per developed acre to meet requirements of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Diversion or obstruction or changes in the bed, channel, or bank of any river, stream, or lake will require notification to the Department of Fish and Game as called for in the Fish and Game Code. This notification (with fee) and the subsequent agreement must be initiated prior to initiating any such changes. Notification should be made after the project is approved by the lead agency. Thank you for the opportunity to review and comment on this Notice of Preparation. If you have any questions, please contact Jack L. Spruill of our Environmental Services staff at (213) 590-5137. Sincerely, Fred Worthley Regional Manager Region 5 CC. Office of Planning & Research RIVERSIDE COUNTY COIS BYRD, SHERIFF in Sheriff 46-057 OASIS STREET • INDIO, CA 92201 • (619) 342-8800 April 21, 1988 David Meyer Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana CA 92701 RE: Draft E.I.R. Project Area No. 2 Dear Mr. Meyer: The scope of the city's draft E.I.R. is conceptual in nature and it does not address specific development sites and their existing police services. Police levels are related to independent: variables including residential type and density, business type and design, crime statistics, traffic volume and collision rates. Any growth within the proposed project area will affect the present service level. The Sheriff's Department has reviewed Police Protection, 14(b), and offers no further comment on the draft E.I.R. The Sheriff's Department requests the opportunity to review and comment on specific project proposals as they become available. gt Sincerely, COIS BYRD, SH�II'F Micha 1 R, ewis, Captain Indio Station Commander Mailing Address: P.O. Box FFFF, Indio, CA 92201 STATE OF CALIFORNIA—RESOURCES AGENCY GEORGE DEiUKMEJIAN. Governor DEPARTMENT OF WATER RESOURCES P O. Box 6598 AMOLNGELES 55-1598 i APR 2 5 1988 Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 Attention: David Meyer Subject: Notice of Preparation of DEIR for City of La Quints, Redevelopment Plan/Redevelopment Project Area No. 2, dated April 6, 1988. Your referenced document has been reviewed by our Department staff. Recommendations, as they relate to water conservation and flood damage prevention, are attached. The Department recommends that you consider implementing a comprehensive_ program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses that require high quality water. For further information, you may wish to contact John Pariewski at 213-620-3951• Thank you for the opportunity to review and comment on this report. Sincerely, 4 Ch ?1es Wh'te, Chief Planning Branch Southern District Attachments cc: Office of Planning and Research State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 K: DEPARTMENT OF WATER RESOURCES RECOMMENDATIONS FOR WATER CONSERVATION AND WATER RECLAMATION To reduce water demand, implement the water conservation measures described here. Required The following State laws require water -efficient plumbing fixtures in structures: o Health and Safety Code Section 17921.3 requires low -flush toilets and urinals in virtually all buildings as follows: "After January 1, 1983, all new buildings constructed in this state shall use water closets and associated flushometer valves, if any, which are water -conservation water closets as defined by American National Standards Institute Standard A112.19.2, and urinals and associated flushometer valves, if any, that use less than an average of 1-1/2 gallons per flush. Blowout water closets and associated flushometer valves are exempt from the requirements of this section." o Title 20, California Administrative Code Section 1604(f) (Appliance Efficiency Standards) establishes efficiency standards that give the maximum flow rate of all new showerheads, lavatory faucets, and sink faucets, as specified in the standard approved by the American National Standards Institute on November 16, 1979, and known as ANSI A112.18.1M-1979• o Title 20, California Administrative Code Section 1606(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations. No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards. o Title 24 of the California Administrative Code Section 2-5307(b) (California Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. o Title 24. California Administrative Code Sections 2-5352(i) and H ) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures. These requirements apply to steam and steam -condensate return piping and recirculating hot water piping in attics, garages, crawl spaces, or unheated spaces other than between floors or in interior walls. Insulation of water -heating systems is also required. 11 i o Health and Safety Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. Included is the requirement that, in most instances, the installation of the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water. o Government Code Section 7800 specifies that lavatories in all public facilities constructed after January 1, 1985. be equipped with self -closing faucets that limit flow of hot water. To be Implemented where applicable Interior: 1. Supply line pressure: Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure -reducing valve. 2. Drinking fountains: Drinking fountains be equipped with self -closing valves. 3. Hotel rooms: Conservation reminders be posted in rooms and restrooms." Thermostatically controlled mixing valve be installed for bath/shower. 4. Laundry facilities: Water -conserving models of washers be used. 5. Restaurants: Water -conserving models of dishwashers be used or spray emitters that have been retrofitted for reduced flow. Drinking water be served upon request only." 6. Ultra -low -flush toilets: 1-1/2-gallon per flush toilets be installed in all new construction. Exterior:* 1. Landscape with low water -using plants wherever feasible. 2. Minimize use of lawn by limiting it to lawn -dependent uses, such as playing fields. When lawn is used, require warm season grasses. 3. Group plants of.similar water use to reduce overirrigation of low -water -using plants. 4. Provide information to occupants regarding benefits of low -water -using landscaping and sources of additional assistance. "The Department of Water Resources or local water district may aid in developing these materials or providing other information. 5. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water -holding capacity of the soil by reducing evaporation and soil compaction. 6. Preserve and protect existing trees and shrubs. Established plants are often adapted to low -water -using conditions and their use saves water needed to establish replacement vegetation. 7. Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 8. Use pervious paving material whenever feasible to reduce surface water runoff and to aid in ground water recharge. 9. Grade slopes so that runoff of surface water is minimized. 10. Investigate the feasibility of using reclaimed waste water, stored rainwater, or grey water for irrigation. 11. Encourage cluster development, which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in ground water recharge. 12. Preserve existing natural drainage areas and encourage the incorporation of natural drainage systems in new developments. This aids ground water recharge. 13. To aid in ground water recharge, preserve flood plains and aquifer recharge areas as open space. Ll n L.J FLOOD DAMAGE PREVENTION In flood -prone areas, flood damage prevention measures required to protect a proposed development should be based on the following guidelines: 1. It is the State's policy to conserve water; any potential loss to ground water should be mitigated. 2. All building structures should be protected against a 100-year flood. 3. In those areas not covered by a Flood Insurance Rate Map or Flood Boundary and Floodway Map, issued by the Federal Emergency Management Agency, the 100-year flood elevation and boundary should be shown in the Environmental Impact Report. 4. At least one route of ingress and egress to the development should be available during a 100-year flood. 5. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially for hillside developments. 6. Revegetation of disturbed or newly constructed slopes should be done as soon as possible (utilizing native or low -water -using plant material). 7. The potential damage to the proposed development by mudflow should be assessed and mitigated as required. 8. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy i QPevelopment 21 Tenth Street, Room 601 Sacramento, CA 95814 (916) 324-8657 April 19, 1988 Mr. David Meyer, Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 Dear Mr. Meyer: Murrel Crump, Planning Director, City of La Quinta, has asked this Department, in a letter of April 6, 1988, to send you our comments on the scope and content of the environmental information related to housing impacts anticipated as a result of the establishment of the proposed Redevelopment Project Area Number 2 in La Quinta. ® This Department has limited knowledge regarding the activities of the La Quinta Redevelopment Agency. Our files contain only the Schedule HCD forms submitted to us by that agency through the State Controller's Office for Fiscal Years 1985-86 and 1986-87. It appears that Redevelopment Project Number 1 was a flood plain construction/correction activity which the agency .indicates benefitted every resident of the project area. The Fiscal Year 1985-86 report submitted by the agency indicated that 20 percent of the tax increments from Project Number 1 were to be set aside in a Low and Moderate Income Housing Fund. The setaside was deferred, however, and the agency reported an indebtedness in that account of $250,809 as a result of the deferral. The Fiscal Year 1986-87 report prepared by the agency indicated that the deferral of the setaside as previously reported was an error; that a finding had been made in September, 1985 that setasides would not be made; and there was no Low and Moderate Income Housing Fund. When the proposed project area plan is evaluated, the City should assess its potential to adversely impact the housing market through activities that, for example, remove housing now occupied by low- and moderate -income households; diminish vacant 1 land available for housing development; or create a jobs/housing _.� imbalance. Mr. Meyer Page Two The proposed project plans also have the potential to address existing or anticipated housing problems. All redevelopment project areas must set aside 20 percent of their tax increments in a Low and Moderate Income Housing Fund unless certain findings are made pursuant to Health and Safety Code Sections 33334.2 and 33334.6. Those findings must be consistent with the Housing Element of the local General Plan. La Quinta adopted a Housing Element in December, 1986, which this Department found to be in compliance with State law. It contains a statement of identified housing needs and lists programs to be used wherever possible to attain housing goals during the years 1985-1990. When evaluating the proposed redevelopment plan, consideration must be given to its potential impacts with regard to those goals. We appreciate the opportunity to comment with regard to the scope and content of the environmental review to be conducted on this proposed redevelopment project. Please feel free to contact this Department if we can offer any additional information or assistance. Sincerely, W. VU,4)( William Murphy, nager Local Assistance and Review Section cc: Murrel Crump, La Quinta Planning Director Lawrence Stevens, Director of Community Development Joe Carreras, Southern California Association of Governments Kathleen Mikkelson, Deputy Attorney General Bob Cervantes, Governor's Office of Planning and Research Tom Bannon, California Building Industry Association WJM:MB:fs E May 9, 1988 Mr. David Meyer, Senior Associate Rosenow Spevacek Group, Inc. 414 West Fourth Street, Suite E Santa Ana, CA 92701 RE: City of La Quinta - Draft EIR Redevelopment Plan/Redevelopment Project Area No. 2 Dear Mr. Meyer: The City of La Quinta is served by the Riverside County Free Library. The proposed Redevelopment Project Area No. 2 will impact the need for library services and the public facilities necessary to provide those services. The degree of this impact will depend on the actual impact of the Project on population distribution, density and growth in the area. The larger the population increase caused by the Redevelopment Project Area No. 2, the greater the impact on the need for increased library services and facilities. Our standards call for .5 square feet per capita and 1.2 volumes per capita. To the extent that the Project increases population in the area, mitigation should be provided for the impact on library services and library facilities. Sincerely, Linda M. Wood Library Director lm:ss attachments Linda M. Wood, Director. P.O. Box 468 T N N•• F4 L L O E +) 9 O C w O T C4 tp N T 'I) m O CU O C +� O O � O •0p� >: w U d :J 3•+ F. (U. gl O E N C'-+ 'O G 7 N ❑ E U L N m O O m -.+ � - -.+ 0 ti tp N 'O O E O Cp C (.. d an C •.a +•� -.+ o G 8 c G , T Oar O m••�� ? GL m "O O C. m Cw O d S7,d C. U vN 3 d C O a' N F. 4. f.. 44 41 m y N N 'b nnpp C w O -.+ O to N i C O E N v m yy C O C c CC C p m d C U O m 0 0 t a� v d w E -7 U m O EE N W •.a F. m 0. t0 -•+ •b T d d •+ L+ a)r1 C O U O 4� •-+ t0 O m +� 1) 4 O 3-� N 7 L G. 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U 3 •' N F N v jL. 1 t 4 y APPENDIX C NORTH LA QUINTA TRAFFIC STUDY RECEIVED AR USI CONSULTANTS, INC. i Consultants to Governmental Agencies March 31, 1987 Mr. Gary Price, Associate Planner City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 SUBJECT: AMENDMENT TO TRAFFIC STUDY FOR NORTH LA QUINTA Dear Mr. Price: Presented in this letter are responses to your comments of March 4, 1987. The six issues identified in your letter are consecutively addressed below. 1. The General Plan Amendment Traffic Scenario, Table III of the January 29 letter report, was arrived at via three separate steps. First, the original General Plan traffic volume forecasts 1 ® provided by the City were modified to reflect the pres- ence of all roadways planned in the area; and forecasted traffic was reassigned onto the new roadways included in the evaluation (as indicated in Table I of the January 29 letter report). This identified deficiencies on Miles Avenue as a Secondary arterial and on Washington Street from Fred Waring to I-10 as a Major arterial. Second, the identified deficiencies were upgraded to increase "reserve capacity" (i.e., roadway capacity that is available to accommodate trips generated by new devel- opment). As shown in Table II of the January 29 letter report, the upgrade of Miles Avenue to a Primary makes available 11,000 average daily traffic (ADT) for new dev- elopment, and the Washington Street upgrade makes avail- able 34,000 ADT capacity. Third, the average daily trip ends generated by the: pro- posed high density residential land use amendments (i.e., 12,456 for GPA 86-012 and 4,057 for GPA 86-016 net in- creases over existing general plan, as quantified in the first BSI report) was assigned to the upgraded arterial network. Capacity was found to be deficient on Miles Avenue between Washington Street and Adams Street, and on Washington Street between Miles Avenue and Fred Waring ( Drive. 2 1987 1415 East 17th Street Santa Ana, California 92701 (714) 558-1952 A Berryman 6 Stephenson Industries Company Mr. Gary Price March 31, 1987 Page Two It is understood that the City desires specific traffic generation numbers for each general plan land use amend- ment project. Table I shows the number of dwelling units, and average daily trip ends generated by project and in total for nine comparative build out scenarios of the respective 139 acre and 71 acre projects. Table I. Trip Generation Information GPA 86-012: DESERT ROYALE 139 ACRES GPA 86-016: MEISTERLIN'S 71 ACRES COMPARATIVE SCENARIO DWELLINGS NORMAL FORECAST -- TOTAL TOTAL AVERAGE AVG. DAILY TRIP ENDS DWELLINGS AVG. DAILY TRIP ENDS DWELLINGS DAILY TRIP ENDS 3/ACRE LOW DENSITY 417 3,119 213 1,593 630 4,772 6/ACRE MEDILM DENSITY 834 2,224 426 2,224 1,260 4,448 12/ACRE HIGH DENSITY 1,668 11,009 852 5,623 2,520 16,632 MIDRANGE FORECAST 4/ACRE LOW DENSITY 556 4,159 284 2,124 840 6,283 5/ACRE MEDIUM DENSITY 1,112 2,224 568 2,224 1,680 4,448 16/ACRE HIGH DENSITY 2,224 14,678 1,136 7,498 3,360 22,176 EXTREME FORECAST 5.4/ACRE LOW DENSITY 1,658 12,477 852 6,373 2,520 18,850 10.8/AC. MEDIUM DENSITY 2,224 13,811 1,136 7,055 3,360 20,866 21.6/AC. HIGH DENSITY 3,002 19,816 1,534 10,122 4,536 29,938 NOTE: AVG. DAILY TRIP END CALCULATIONS WERE BASED ON RATES OF 7.48/LOW DENSITY UNIT; 6.21/MEDIUM DENSITY UNIT; AND 6.60/HIGH DENSITY RESIDENTIAL UNIT. 2. Nine traffic scenarios, based on trip generation informa- tion from Table I above and traffic assignment percentage information documented in the January 29, 1987 letter report (i.e., Page four, Table III), are reviewed for traffic impact as detailed below. First it is necessary to subtract trip ends generated by build out of the subject properties per the existing gen- eral plan, so that no "double counting" occurs. GPA 86- 012 average daily trip end forecasts of 14,103 (based on 280 low density units 1,024 medium density units, and 856 high density units) and GPA 86-016 forecast of 3,487 average daily trip ends (based on 12 low density units and 547 medium density units) total 17,590 average daily trip ends (ADTEs). The next step involves comparison of the 17,590 ADTEs with total ADTEs in Table I above. It is noted that the three "Normal Forecast" scenarios are less than the ADTEs generated by build out of the existing general plan. 11 CI i� Mr. Gary Price March 31, 1987 Page Three Similarly, the "Midrange Forecast" low density and medium density build out scenarios are less than the existing general plan. Build out of low and medium density under both the normal forecast and midrange forecast would re- sult in significantly less ADTEs, and would not require Miles Avenue to be upgraded to a Primary. The differences in ADTEs for indicated below: * Midrange High Density * Extreme Low Density * Extreme Medium Density * Extreme High Density the remaining scenarios are = + 4,586. = + 1,260. = + 3,276. = +12,348. (Note: Land use amendments defined for evaluation in the June 1966 report totaled an ADTE difference of + 16,513.) The final step entails comparison of ADT assignments with "reserve capacity" (see # 3 below for definition). Given the existing General Plan land use build out/Miles Avenue Primary reserve capacity of 11,000 ADT, and the 70 per- cent assignment of traffic from the subject GPAs onto Miles Avenue, the task may be simplified to multiplying the ADTE differences by 0.7 (the Miles Avenue traffic assignment percentage) to see if it does not exceed the 11,000 reserve capacity. The worst case, extreme high density, calculates to 8,644. Thus any land use scenarios evaluated would result in average daily traffic that could be accommodated on Miles Avenue as a Primary. 3. "Reserve Capacity" is simply the roadway capacity avail- able for new development. Capacity implies the number of vehicles which may pass a given point on a roadway over a given period of time. The time period for this analysis is an average weekday 24-hour period. Calculation of the reserve/available capacity involves subtraction of exist- ing demand from the "assigned capacity". Capacity values are assigned based on consideration of several factors, including number of travel lanes, width of travel lanes, horizontal and vertical sight distance, number and spac- ing of intersecting driveways and streets, stop controls, presence of median islands and/or roaaway curbs and gutters, and amount of pedestrian/bicycle/truck/bus traf- fic. For this analysis, capacity values were assumed to be optimized through restrictive site planning procedures similar to those proposed in the on -going "Highway ill Specific Plan". Mr. Gary Price March 31, 1987 Page Four "Adjusted Reserve Capacity" describes the amount of capacity available after adjustment, or "corridor smooth- ing" was done. This process involved the reassignment of traffic onto general plan roadways not included in the Weston Pringle and Associates General Plan travel demand forecasts, and onto parallel facilities with available capacity (i.e., on the basis of "capacity restraint"). 4. Based on the analysis completed in the preceding pages of this letter, the previous evaluations were based on GPA land use densities significantly larger than the nine scenarios now under consideration. The previous conclu- sions are no longer appropriate. If area general plan roadways are constructed with "in- tensive Transportation Systems Management" (see # 5 below for definition), then capacity will be available for any of the build out scenarios. 5. Intensive Transportation Systems Management involves rel- atively low-cost measures to enhance and preserve capa- city. For example, rather than widen roadways to 8, 10, or 12 travel lanes, the following specific Transportation Systems Management measures may be applied: * Install raised median islands to restrict left turn movements to signalized intersections. * Limit signals to one -quarter mile spacing and re- quire signal interconnection. * Spot widen intersections for dual left turn poc- kets and right turn only lanes of sufficient lengths. * Permit right turn in/right turn out driveways to intersect general plan roadways only when minimum separation of 200 feet (near edge to near edge) can be provided. * Separate bicycle traffic from vehicles by provid- ing off street (Class I) bikeways. 6. In view of the traffic impacts projected for the nine land use scenarios evaluated, it is concluded that all of scenarios could be provided adequate capacity with Miles Avenue constructed as a Primary, and that low and medium density scenarios under the normal and midrange forecast could maintain the Secondary classification of Miles Avenue. Mr. Gary Price March 31, 1987 Page Five i� IN CONCLUSION I trust the information in this letter adequately responds to your requested clarifications. Thank you for the opportu- nity to complete this to your satisfaction. Sincerely, BSI CONSULTANTS, INC. John Lower, AICP Project Manger cc. Jeff Cooper, BSI Consultants, Inc. Bob Weddle, City of La Quinta 11 (® T-dy 4 .CL QuIltm 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 March 4, 1987 Mr. John Lower BSI Consultants, Inc. 1415 East Seventeenth Street Santa Ana, CA 92701 (619) 564 2246 SUBJECT: Traffic Study for North La Quinta Re: General Plan Amendment Nos. 86-012, 86-014, 86-016 Dear Mr. Lower: This letter is intended to identify and clarify needs regarding the above referenced traffic study. Relative to the text portion of the study, the following comments and questions are raised: - How was the General Plan Amendment Traffic Scenario arrived at and incorporated into the report? Specific traffic generation numbers are needed for each General Plan land use amendment project. - Only one (1) traffic scenario was apparently used in the report. In accordance with our agreement and previous correspondence, the report must provide a range of three (3) traffic scenarios based on varying density ranges in the General Plan. This is detailed in the letter to you dated December 24, 1986 (copy attached). - The "Methodology" Section of the report needs to be expanded to clarify "Reserve Capacity" and "Adjusted Reserve Capacity". Relative to the Conclusions and Recommendation Sections of the report, the following comments and questions are raised: - Conclusion No. 2 states that Miles Avenue, if upgraded to a Primary Arterial, would have a reserve capacity of 11,000 ADT. This contradicts Conclusion No. 6 which indicates that Miles Avenue, as a Primary Arterial, would exceed reserve capacity. The report needs to clarify conclusions and delineate existing General Plan conditions and proposed amended General Plan conditions. MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 100 CONSULTANTS, INC. Consultants to Governmental Agencies January 29, 1987 Mr. Murrel Crump, Planning Director City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 ATTN. Mr. Gary Price, Associate Planner SUBJECT: TRAFFIC STUDY UPDATE FOR NORTH LA QUINTA - GENERAL PLAN AMENDMENT NOS. 86-012, 86-014, AND 86-016 Dear Mr. Crump: This letter report is presented per your authorization of January 20, 1987. Separate sections are provided to document Background, Methodology, Forecast of Impacts, and Conclu- sions and Recommendations. ® BACKGROUND In a June 30, 1986 letter report, BSI forecasted traffic impacts associated with General Plan Amendment 86-012 (i.e., Desert Royale 70 acres north of Miles Avenue and 49 acres south of Miles Avenue for a proposed net increase of 1,864 units). The subject letter report also addressed what became General Plan Amendment 86-016 (i.e., Meisterlin's 71.42 acres north of Miles Avenue and west of Desert Royale for a proposed net increase of 584 units). A major conclusion of BSI's June 30, 1986 report was that Miles Avenue would need a General Plan designation upgrade even without the proposed land use intensifications. General Plan Amendment 86-014 was requested to upgrade Miles Avenue between Jefferson and Washington streets to a Primary Arterial. During scoping sessions with the City Planning Commission and City Council, the need was identified for a comprehensive evaluation of all three General Plan Amend- ment cases in terms of impacts to all. streets in La Quinta north of Highway 111. The City subsequently contracted with BSI for a North La Quinta Traffic Study Update, which is presented herein. 69-730 Highway 111 • Rancho Mirage, California 92270 • (6191 324-1111 A Berryman 6 Stephenson Industries Company Mr. Murrel Crump January 29, 1987 Page Two METHODOLOGY In the BSI report of June 30, 1986, General Plan traffic volume forecasts were modified for a more fine-grained analysis. Five links were added to the roadway network, and the concept of "capacity restraint" was used in the assign- ment of traffic generated by the General Plan designated land uses and the traffic generated by net increases associ- ated with the proposed General Plan Amendments. The Forecast of Impacts section below was premised on the concept of "reserve capacity" to evaluate the potential for increased development. Also, intensive application of transportation system management measures along all arter- ials was assumed in order to provide maximum physical carry- ing capacity. FORECAST OF IMPACTS Traffic impacts are best communicated in terms of reserve capacity. Reserve capacity may be defined as the roadway capacity available to new development while maintaining acceptable service levels for all traffic. Table I shows 16 arterial link segments in the north La Quinta area. The arterial designation, maximum average daily carrying capacity, General Plan forecasted average daily traffic (ADT), General Plan reserve capacity, adjusted ADT and adjusted reserve capacity of each link is listed. Table I. General Plan and Adjusted Reserve Capacity Values GEN PLAN ADJUSTED ADJUSTED ASSIGNED MAXI MIM GENERAL RESERVE GENERAL RESERVE LINK ARTERIAL SEGMENT DESIGNATION CAPACITY PLAN ACT CAPAD ITY PLAN AST CAPACITY 1 HIGHWAY Ill WASHINGTON TO ADAMS EXPRESSWAY 100,000 125,000 -25,000 100,000 0 2 HIGHWAY Ill ADAMS TO JEFFERSON EXPRESSWAY 100,000 125,000 -25,000 100,000 7 3 HIGHWAY Ill MILES TO WASHINGTON EXPRESSWAY 100,000 123,GCO -23,000 100,000 0 4 WESTWARD HO DRIVE ASAMS TO JEFFERSON COLLECTOR 15,000 0 15,000 15,000 0 5 MILES AVENUE WASHINGTON TO ADAMS SECONDARY 24,000 25.000 -1,000 25,000 -1,C00 6 MILES AVENUE ADAMS TO JEFFERSON SECONDARY 24,000 25,000 -1.000 25,000 -i,000 7 FRED WARING DRIVE WASHINGTON TO ADAMS MAJOR 54,000 29,000 25,000 54,000 J 8 FRED WARING DRIVE ADAMS TO JEFFERSON MAJOR 54,000 23,000 25,000 54,000 C 9 WASHINGTON STREET HMY Ill TO MILES MAJOR 54, WO 66,000 -12,000 54,000 0 10 WASHINGTON STREET MILES TO FRED WAR ING MAJOR 54,000 66,000 -72,000 54,000 O 11 WASHINGTON STREET FRED WAR ING TO 1-10 MAJOR 54,000 66,000 -12,000 68,000 -12,CCO 12 ADAMS STREET MILES TO FRED WAKING SECONDARY 24,000 0 24,000 12, GOO 12,000 13 ADAMS STREET WESTWARD NO TO MILES SECONDARY 24,000 0 24,000 12, 000 12,000 14 ADAMS STREET HWY III TO WESTWARD HO SECONDARY 24,000 0 24,000 12,000 12,000 15 DUNE PALMS ROAD HWY Ill TO FRED WAR ING SECONDARY 24,000 0 24.000 21,000 3,OCO 16 JEFFERSON STREET HWY 111 TO FRED WARING MAJOR 54,000 75,000 -21.000 54,000 0 Mr. Murrel Crump January 29, 1987 Page Three The final two columns in Table I, adjusted General Plan ADT and adjusted reserve capacity, were derived by application of capacity restraint - i.e., vehicles restrained by con- gested traffic conditions were diverted to parallel fa.cili- ties with less congestion. In this process, Link 1 was matched with Link 7; Link 2 with Link 8; Link 9 with Links 13 and 14; Link 10 with Link 12; and Link 15 with Link 16. It should be noted that Highway ill was designated as an Expressway in view of preliminary recommendations of the Highway Ill Specific Plan to limit turning movements to sig- nalized locations, thereby reducing the number of vehicular conflict points and increasing capacity to near -freeway values. Reference to Table I shows, in the final column, that the existing General Plan land use build out is forecasted to exceed reserve capacity of Miles Avenue (as a Secondary Arterial) from Washington Street to Jefferson Street (links 5 and 6), and to exceed the reserve capacity of Washington Street from Fred Waring Drive to I-10. This indicates a need to upgrade Miles Avenue's General Plan i ® designation to a Primary Arterial, and to upgrade Washington Street between Fred Waring Drive and I-10 to an Expressway. The resulting reserve capacity values are shown in Table II. Table II. Reserve Capacity of Proposed Arterial Upgrades GEN PLAN ADJUSTED ADJUSTED ASSIGNED MAXIMUM GENERAL RESERVE GENERAL RESERVE LINK ARTERIAL SEGMENT DESIGNATION CAPACITY PLAN ACT CAPACITY PLAN ACT CAPACITY 1 HIGHWAY 111 WASHINGTON TO ADAMS EXPRESSWAY 100.000 125,OCC -25.000 100,000 0 2 HIGHWAY 111 ADAMS TO JEFFERSON EXPRESSWAY 100.000 125,CCO -25,000 100.000 0 3 HIGHWAY 111 MILES TO WASHINGTON EXPRESSWAY 100. COO 123,000 -23,000 100,000 O - WESTWARD HO DRIVE ADAMS TO JEFFERSON COLLECTOR 15,COO O 15.000 15,000 O 5'•^MILES AVENUE WASHINGTON TO ADAMS PRIMARY 36,000 25.000 11,000 25,000 11,C10 6••^MILES AVENUE ADAMS TO JEFFERSON PRIMARY 35,000 25,CCC 11,000 25,000 11,000 7 FRED WAKING DRIVE WASHINGTON TO ADAMS MAJOR 54,000 29,000 25,000 54, GOO 0 3 FRED WARING DRIVE ADAMS TO JEFFERSON MAJOR 54,000 29,000 25,000 54, GOD 0 9 WASHINGTON STREET HWY 111 TO MILES MAJOR 54,000 66.000 -12,000 54.000 0 10 WASHINGTON STREET MILES TO FRED WARING MAJOR 54,C00 66,00 -i2,000 54,000 0 11•"•WASHINGTON STREET FRED WARING TO I-10 EXPRESSWAY 100,000 66,11CO 34,000 56.000 34,C00 12 ADAMS STREET MILES TO FRED WARING SECONDARY 24,COO 0 24,000 12,900 12,000 13 ADAMS STREET WESTWARD HO TO MILES - SECONDARY 24,000 0 24,000 12,100 12,OCO i4 ADAMS STREET HWY III TO WESTWARD HO SECONDARY 24,000 0 24,000 12,000 12,000 15 OUNE PALMS ROAD HWY 111 TO FRED WARING SECONDARY 24,000 0 24,000 21,000 3,000 16 JEFFERSON STREET HWY 111 TO FRED WARING MAJOR 54,000 75,000 -21,000 54, 000 0 Mr. Murrel Crump January 29, 1987 Page Four As noted in Table II, the proposed arterial upgrades would result in reserve capacities of 11,000 ADT on Miles Avenue and 34,000 ADT on Washington Street north of Fred Waring Drive to the I-10. Adams Street maintains a reserve capacity of 12,000 ADT without an upgrade in designation. The average daily trip ends forecasted for the net increase in proposed development, as calculated in the BSI June 30, 1986 report, is 12,456 for General Plan Amendment 86-012, and 4,057 for General Plan Amendment 86-016 (i.e., a total net increase of 16,513 average daily trip ends). Determination of traffic impacts is keyed to the distribu- tion and assignment of the 16,500 (rounded) average daily trip ends generated by the proposed General Plan land use amendments. Based on distribution assumptions of 20 percent orientation to/from the south, 20 percent to/from the north, 30 percent to/from the east and 30 percent to/from the west, assignments were made as noted in Table III. Table III also shows the resulting increase in traffic and impact in terms of reserve capacity on affected links. Table III. General Plan Plus Proposed Amendments ADT ASSIGNMENT PERCENTAGES NET GP AMENO- -- 2M 20% 37. 30% MENT ASSIGNED CUMULATIVE RESERVE LINK ARTERIAL SEGMENT NORTH SOUTH EAST WEST TRAFFIC (ADT) FORECAST CAPACITY 1 HIGHWAY ill WASHINGTON TO ADAMS 0% G% 0% 01. 0 100,000 0 2 HIGHWAY Ill ADAMS TO JEFFERSON 0% C% 0% G% 0 100,OGO 0 3 HIGHWAY Ill MILES TO WASHINGTON 01. OX 0% 01. 0 100,000 0 4 WESTWARD NO DRIVE ADAMS TO JEFFERSON a% 0% 0% C% 0 15,000 0 ® 5 MILES AVENUE WASHINGTON TO ADAMS a% lo% 30% 30% 11,550 36,550 -550 6 MILES AVENUE ADAMS TO JEFFERSON 0% 00. 30% 30% 9,900 34,900 1,100 7 FRED WARING DRIVE WASHINGTON TO ADAMS 0% 0% 0% 0% 0 54,000 0 8 FRED WARING DRIVE ADAMS TO JEFFERSON 0% 7. 0% 0% 0 54,000 0 9 WASHINGTON STREET HWY 111 TO MILES 01. C% O% 0% 0 54,000 0 •10 WASHINGTON STREET MILES TO FRED WARING 201. C 0% 30% 8.250 62,250 -8,250 11 WASHINGTON STREET FRED WAKING TO 1-10 20% C% 0% 30% 8,250 74,250 25,750 12 ADAMS STREET MILES TO FRED WARING G% 20% V. 0% 3,300 15"00 8,700 13 ADAMS STREET WESTWARD HO TO MILES 0% 20% C% G% 3,300 15,300 8,700 14 ADAMS STREET HWY 111 TO WESTWARD HO 0% 20% 0% 0% 3,300 15,300 3,700 15 DUNE PALMS ROAD HWY Ill TO FRED WARING 0% 0% 0% 0% 0 21,00G 3,000 16 JEFFERSON STREET WY Ill TO FRED WARING 0% 01. 01. 0% 0 54,000 0 1 Mr. Murrel Crump January 29, 1987 Page Five CONCLUSIONS AND RECOMMENDATIONS Major conclusions reached in this report are noted below. 1. Build out of existing General Plan land uses are pro- jected to result in average daily traffic volumes in excess of planned maximum physical carrying capacity on Miles Avenue between Washington Street and Jefferson Street, and on Washington Street between Fred Waring Drive and Interstate 10. 2. If Miles Avenue were built out to Primary Arterial stan- dards (upgraded from a Secondary Arterial), a reserve capacity of approximately 11,000 average daily trips would result. 3. If Washington Street were built out to near -expressway standards, as is being planned for all of Highway 111 through La Quinta, a reserve capacity of 34,000 average daily trips would result. 4. Adams Street is forecasted to provide a reserve capacity of 12,000 average daily trips upon build out of the ex- isting General Plan. 5. The proposed General Plan land use amendments are fore- casted to generate approximately 16,500 additional average daily trip ends. 6. The additional trip ends would exceed the reserve capa- city provided by Miles Avenue as a Primary Arterial, and would exceed the reserve capacity of Washington Street built out as a Major Arterial. Recommendations developed from the conclusions follow. 1. Approve General Plan Amendment 86-014 to upgrade Miles Avenue to a.Primary Arterial. 2. Provide intensive Transportation System Management meas- ures along Washington Street between Highway 111 and the Interstate 10 interchange, with emphasis on access restrictions to (well spaced) signal locations. 3. Require a minimum five percent redaction in units pro- posed in the General Plan land use amendments. 4. If General Plan Amendments 86-012 and 86-016 are approv- ed (after reduction of five percent of units), consider no other amendments for land use intensification. 5. Initiate study of the Washington Street Interstate-10 interchange to provide acceptable service levels. Mr. Murrel Crump January 29, 1987 Page Six IN CLOSING BSI Consultants, duct this Study. please feel free Sincerely, Inc. thanks you for the opportunity to con - If any questions arise upon your review, to call. BSI CONSULTANTS, INC. �+Lzsoov� John Lower, AICP E E Tom.. 4aa� .` 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 January 20, 1987 John Lower, Project Manager BSI Consultants, Inc. 1415 E. Seventeenth Street Santa Ana, CA 92701 (619) 564-2246 SUBJECT: General Plan Amendment Nos. 86-012, 86-014, and 86-016 Re: Traffic Study Update for North La Quinta Dear Mr. Lower: The City has reviewed your proposal to prepare a traffic study regarding the above referenced General Plan Amendment proposals and notifies you that the format of the report and cost estimates are satisfactory. Enclosed is an Agreement executed by the City for Preparation of said report. Upon your receipt of and signature on this Agreement, please proceed with the traffic study update. We request that you send us a copy of the signed Agreement as soon a■ possible for our records. As always, we appreciate your timely efforts and exceptional wort for the City of La Quinta. If you have any questions regrading this matter, please contact this office. Very truly yours, MURREL CRUMP PLANNING DIRECTOR Gary W. Price Associate Planner GVP:dmv Atch: As Noted Above cc: Ronald L. CiedrowsKi, City Manager Robert W. Weddle, City Engineer Wallace H. Nesbit, Planning Assistant Files; GPA Nos. 86-012, 86-014, and 86-016 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Mr. John Lower BSI Consultants, Inc. March 4, 1987 Page 2. - Additional information and clarification needs to be provided for Recommendation No. 2. For example, what is "Intensive Transportation System Management; what specifically is 'well spaced' access restrictions?" - Recommendation No. 3 specifies the need to reduce the number of units in both General Plan Land Use Amendment projects by five (5) percent. Although the reserve capacity data provided indicates an excess in service levels on Miles Avenue, no specific numbers are given to support the five (5) percent reduction in project densities. Would it be more appropriate to further expand Miles Avenue to a Major Arterial to accommodate projected traffic levels? This comment would also apply to Recommendation No. 4. As you should be aware, this series of General Plan Amendments will be going to public hearing in March of 1987, so timing is of the essence. We would request a revised traffic study which responds to these identified concerns to be submitted by March 10, 1987. Should you have any questions or comments regarding this matter, or need any further information, please contact our office. Very truly yours, MURREL CRUMP PLANNING DIRECTOR 6� w� Gary W. Price Associate Planner Atchs: 1. Ltr. Form Traffic Study, Dated 1/29/87 2. Notice to Proceed W/Traffic Study; Ltr. Dated 1/20/87 3. Traffic Study Proposal by BSI; Ltr. Dated 1/6/87 4. Request for Proposal/Traffic Study; Ltr. Dated 12/24/87 cc: Robert W. Weddle, City Engineer Wallace H. Nesbit, Assistant Planner Files, GPA86-012, 86-013, 86-016 TRAFSTYI E CONSULTANTS, INC. Consultants to Gnvernmental Agencies i� January 6, 1987 JAN 7 1987 Mr. Gary Price, Associate Planner r„�nrI City of La Quinta compu41ly p6yt'�Up-iNT O:'1 78-105 Calle Estado P.O. Box 1504 La Quinta, California 92253 SUBJECT: NORTH LA QUINTA TRAFFIC STUDY UPDATE - GENERAL PLAN AMENDMENT CASE NO.'S 86-012, 86-014, AND 86-016 Dear Mr. Price: Your request for the subject traffic study update can be completed no sooner than Friday, January 16, 1987. It is proposed that the Study procedures, findings, conclu- sions and recommendations will be documented in letter report format, and that 10 copies will be forwarded to the City for review and distribution. As understood from your December 24, 1986 letter, the report ® update is to quantify the individual and cumulative traffic impacts of two proposed General Plan Amendments (GPA.'s): 1. GPA 86-012: J.C.C. Enterprises Desert Royal north phase of 70 acres and south phase of 49 acres; and 2. GPA 86-016: Meisterlin's 71.42 acres. Both of the GPA proposals are to be evaluated for three sce- narios: normal/middle of density range, midrange/top end of density range, and extreme/density bonus of 35 percent. This effort will use General Plan forecasts as base condi- tions, and recalculate volume to capacity ratios for each GPA proposal scenario (i.e., traffic demand generated in areas of north La Quinta not proposed for GPA will be re- flected in the travel demand forecast completed as part of the General Plan). Capacity values will initially be prem- ised on Dune Palms Road as a secondary, Adams Street as a secondary, Westward Ho Drive as a collector, and Miles Ave- nue as a secondary. Recommendations will be made for arterial classifications and GPA development site access requirements per forecasted scenario.- 6 1415 East Seventeenth Street • Santa Ana, California 92701 • 17141 556-1952 A Berryman S Stephenson Industnes Company 6 CITY OF LA QUINTA TRAFFIC STUDY UPDATE GENERAL PLAN AMENDMENT NOS. 86-012, 86-014, AND 86-016 AGREEMENT This Agreement is made and entered into this -jr oth day of 1987, by and between the City of La Quinta, a municipal corporation of the State of California (hereinafter referred to as "City"), and BSI Consultants, Inc., a California corporation (hereinafter referred to as "Consultant"), WITNESSED: Said parties do agree as follows: A. In accordance with Exhibit "A", as attached, letter dated January 6, 1987, from John Lower, Consultant, to Gary Price, City, the Consultant shall prepare a traffic study update for General Plan Amendment Nos. 86-012, 86-014, and 86-016. B. The Traffic Study shall be prepared at a cost, not to exceed $1,920, to be paid by the City upon review and satisfaction of services rendered. C. The Consultant's work on the traffic study shall be completed in a timely manner, not to exceed 10 working days, upon which the City has notified the Consultant to proceed with work. 0. The Consultant hereby designates John Lower,.AICP, Project Manager, as principal -in -charge of services to be performed by Consultant. The City hereby designates Murrel Crump, Planning Director as a City representative for the purpose of this Agreement. IN WITNESS HERETO, the parties cause this Agreement to be executed on day and year set forth herein. ATTEST: // By: "-- -/ Ron L. Kiedrowskl, City Manager By• John Lower, Project Manager City of La Quinta A Municipal Corporation BSI Consultants, Inc. A California Corporation E 11 Mr. Gary Price January 6, 1987 Page Two Cost estimates were developed on the basis of 32 hours (four days) of Transportation Planner labor. At our rate of $60 per hour, a total cost is estimated at $1,920 It is noted that GPA 86-012 will comprise two analysis zones, and GPA 86-016 will consist of one analysis zone. Costs may therefore be equitably distributed at two-thirds to J.C.C. Enterprises (i.e., $1,280), and one-third to Carl Meisterlin (i.e., $640). If any questions arise upon your review of this proposal, please feel free to call me. Sincerely, BSI Consultants, Inc. John Lower, AICP Project Manager r fuy. 4 ,(u,Qu(xfw 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 December 24, 1986 Mr. John Lower B.S.I. 1415 East Seventeenth Street Santa Ana, CA 92701 SUBJECT: Traffic Study Update for North La Quinta; General Plan Amendment Case No.'s 86-012, 86-014 and 86-016 Bear Mr. Lower: The City of La Quinta is currently reviewing several general plan amendment proposals concurrently which effect the north area of the City. The Critical Analysis Traffic Study, dated June 30, 1986, that: your fire prepared for General Plan Amendment No. 86-011 Justifies the need to upgrade Miles Avenue to a Primary Arterial, regardless of the approval of this project. The General Plan Amendment No. 86-012 has recently been revised to eliminate the need for expanding the High Density Residential Land Use designation beyond current land use map boundaries. However, this project still includes apartment uses. We are requesting a cost estimate and time frame for completion of an updated traffic report. This report should include consideration of the new Carl Meisterlin General Plan Amendment proposal to change a 71.42 acre site from Low and Medium Density Residential to High Density Residential, to accommodate an 1,136 unit apartment complex. During the Planning Commission and City Council seeping sessions, it was determined that all general plan amendment proposals which effect Miles Avenue should be reviewed concurrently in terms of impacts on all streets in La Quinta north of Highway 111, including as follows: Dune Palms Road (Secondary Arterial) Adams Street (Secondary Arterial) Westward Ho Drive (Collector) Miles Avenue (Secondary Arterial) MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 John Lower, BSI December 24, 1986 Page 2 The Planning Commission requested that the report be structured with three (3) projection scenarios which include: a Normal Build -Out Traffic Forecast, a Midrange Build -Out Traffic Forecast, a Extreme or Vorst case Forecast. These scenarios should be keyed to residential land use density distributions in accordance with the ranges permitted in the General Plan. An example of several build -out scenarios based on General Plan Land Use categories is provided below: COMPARATIVE SCENARIO Projected Development Land Use Categories: Cumulative Count Circumstances Count on 40 acres High Density Medium Density Low Density Normal Forecast 480 (units) 240 (units) 120 (units) (middle of density range) Midrange Forecast 640 (units) 320 (units) 160 (unit I (top and of density range) Extreme Forecast 864 (units) 432 (units) 216 (units) (density bonus of 35%) These scenarios should be keyed to volume to capacity ratios given the present circulation designations for the subject streets. The same format may be used with points addressed as with the previous traffic report you prepared. Attached for your review are the following items: ■ Scoping Reports to City Council and Planning Commission for General Plan Amendment Proposals (SPA No. 86-012, 86-014 8 86-016) e Traffic Study Prepared for SPA No. 86-012 (dated June 30, 1986) a Letter to John Lower, BSI Inc. (dated June 12, 1986) e Revision Proposal for General Plan Amendment No. 86-012 (Racisz i Gould, Inc., letter dated December 4, 1906, and project map proposed). The cost of this study will be paid for by the proponents of the general plan amendments. In your cost estimate, we request that you break down the costs of the study according to project contribution. John Lower December 24, 1986 Page 3 As you should know, this series of general plan amendment applications will be going to public hearing in January of 1987, so timing is of the essence. Thank you for your efforts on this project. If you have any questions or comments regarding this matter, or need any further information, please contact our office. Very truly yours, MURREL CRUMP PLANNING DIRECTOR G�wX- Gary W. Price Associate Planner GWP:psn Attch: as noted ® CC: Wallace Nesbit, Planning Assistant �}. HOUSING AUTHORITY of the COUNTY of RIVERSIDE 5555 Arlington Avenue, Riverside, CA 92504 Fu05 February 4,1988 Mr. Ronald L. Kiedrowski, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Kiedrowski: Attached, for your information, is a copy of the latest report showing the number of units leased and occupied by Section 8 tenants in your city. If you have any questions regarding this report, please contact this office. Sincerely, William A. Rosenberger Executive Director WAR:jm Attachment E Number of Units Leased and Occupied by Section 8 Tenants By Bedroom Size Period: January 1 - January 29, 1988 Date: February 1, 1988 AREA Number of Families Assisted by Bedroom Size TOTAL UNITS LEASED Elderly Family 0 Eld 1-Eld 1 2 3 4 5 Riverside 28 332 185 657 289 86 4 1581 Corona 57 7 32 16 6 ` Norco 3 2 5 Unincorp 10 194 96 288 150 46 784 'OTAL 38 586 290 977 455 138 5 2489 Perris 24 5 43 46 17 2 137 Elsinore 39 3 17 5 1 65 Unincorp 10 3 9 1 2. 25 'OTAL 73 11 69 52 20 2 227 17-met 80 8 54 17 `i 164 cinto 113 15 19 8 2 157 Umncorp 3 1 2 1 7 'OTAL 196 24 75 26 7 328 Beaumont 34 7 23 4 2 70 Bammng 27 11 41 30 l't 123 Unincorp 5 4 1 1 11 'OTAL 66 18 68 35 17 204 ;UBTOTAL 38 921 343 - 1189 568 182 7 3248 Palm Springs 1 93 7 32 7 2 142 Indio 9 32 16 76 38 19 2 M Palm Desert 3 9 12 2 26 Rancho Mirage 2 1 3 Des Hot Spgs Coachella Unincorp Cat City La Quinta 1 1 1;; 27 4 g 67 1 E 56 40 14 23 12 16 25 G 15 12 9 6 5 3 2 119 77 36 125 29 'OTAL 25 237 52 266 121 46 2 749 Blythe 31 10 46 14 2 103 '' corp 7 6 16 2 1 32 38 16 62 16 3 135 ,UBTOTAL 25 275 68 328 137 49 2 884 AND TOTAL: 63 1196 411 1517 705 231 9 4132 POPULATION GROWTH TRENDS 40,000 35,000 30,000 25,000 20,000 15,000 1 5,000 g 36,08 POSSIBLE, HIGH + / 25,396 25,3 23,250 / 23,640 CONSERVATIVE PROJECTION 16,057.E 18,900 / �-I5,000 6, 643 1,190 \,3,328 1970 1980 1985 1990 1995 2000 2010 SOURCE: 1970 and 1980 U. S. 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Also shown on Plate 4 are the subareas used in the hydrologic analysis described in Section III - Hydrology. Area Four is bounded by Calle Tampico to the south and. the City limits to the north, east and west. Proposed Facilities Subarea One: This subarea is bounded by 50th Avenue and. the La Quinta Evacuation Channel to the south, a natural high point intersecting 50th Avenue and La Quinta Golf Estates to the west, and the property line of the Groves development to the north and east. It is recommended by this master plan to drain subarea one into the La Quinta Evacuation Channel either at Washington Street or at 50th Avenue. Elevations in this basin vary from 84 feet in the northern part to 33.74 feet in the La Quinta Evacuation Channel in the southern part of the subarea. The 10-year and 100-year storms generate flows of 173 and 304 cubic feet per second (cfs), respectively. Runoff within this area flows toward Washington Street. The recommended storm drain facility in Washington Street begins 3200 feet north of the La Quinta Evacuation Channel. I:t is a 78" diameter Reinforced Concrete Pipe (RCP). Ultimately the runoff from subarea one will be conveyed to the La Quinta Evacuation Channel. There is no alternate facility recommended for the above. The cost for draining this subarea is shown in Table XV-1. Although Plate 4 shows the storm drain extending from 50th Street to the La Quinta Evacuation Channel, it can also follow 50th Avenue from Washi:gton Street to the La Quinta Evacuation Channel. Since sewer lines exist in both streets, the final alignment shall be chosen by the design engineer of this project. Subarea Two: It is recommended by this master plan to drain subarea two into the La Quinta Evacuation Channel at its intersection with Eisenhower Drive. This subarea is bounded by Calle Tampico to the south, a natural highpoint. on Washington Street to the east, the north side of Laguna De La Paz to the north, and the Oleander Reservoir to the east. In addition, the mountains to the north and west contribute kAy runoff. Elevations in this basin vary from 1253 in the 41 - B northwest to 35 feet in the La Quinta Evacuation Channel in the south. The 10-year and 100-year storms generate flows of 367 and 741 cfs, respectively. The Unit Hydrograph Method was used to determine the peak flows. Storm runoff from this area flows to Eisenhower Drive. (See Plate 4). The first interception point is recommended at the entrance of the Laguna De La Paz development. The facility on Eisenhower Drive ranges from 66" diameter RCP to a 10, wide and 6' high Reinforced Concrete double Box (RCB). There is no alternative to the above recommended facility. The cost for the drainage of this subarea is shown in Table XV-1. It is anticipated that there might be interference with the existing sewer lines servicing the La Quinta Hotel Golf and Tennis Resort area. It is recommended that the final location and alignment of the storm drain be determined by the design engineer of this project. In examining the La Quinta Golf Estates development and its five existing fairways, it was found that the runoff generally drains away from the golf courses. This is inconsistent with the recommendations of the General Plan, therefore this development was included in subarea two. The Laguna De La Paz development drains into lakes and dry wells. The use of dry wells is considered an interim �� condition by the City of La Quinta. Therefore the Laguna De La Paz was also included as a contributing watershed to subarea two. The area north of Calle Tampico and south of the La Quinta Evacuation Channel is also part of this subarea. It is also being developed at the present time. It is bisected by the 60" RCP, (part of the La Quinta stormwater Project) which drains the Crystal Canyon Detention Basin. The section west of the 60" RCP drains naturally to the La Quinta Evacuation Channel. This trend shall be kept during development. However, the developer is planning to drain 20 to 30 acres of this area of commercial development toward Calle Tampico. This small change is considered compatible with the Master Plan of Drainage.. . Subarea Three: It is recommended to drain subarea three to the northeastern low point at the city boundary. Eventually a system in the City of Indio should tie in with this facility and drain to the Whitewater River. This subarea is bounded by Fred Waring Drive (also known as 44th Avenue) to the north, Jefferson Street to the east, a natural high point north of Miles Avenue to the south, and a natural high point in the Reflections development to the west. Elevations in this basin vary from 127 feet in the southwest �) to 38 feet in the east. The 10-year and 100-year storms generate flows of 213 and 383 cfs, respectively. - 42 - Storm runoff within this subarea flows to Fred Waring Drive. It is then intercepted and conveyed to the City boundary at Jefferson Street. There is a lateral recommended in Jefferson Street midway between Fred Waring Drive and Miles Avenue. This lateral drains a sump. The facility in Fred Waring Drive ranges from 36" to 72" diameter RCP. Ultimately, the runoff should be conveyed through the City of Indio to the Whitewater River. Since the natural grade of this subarea drains to the northeast there is no recommended alternative drainage solution. The cost for this subarea is shown in Table XV-1. It is anticipated that there might be interference problems with the existing sewer line currently servicing the Horizon Palms development. This shall be investigated and resolved by the design engineer of the facility. Subarea Four: Elevations in this subarea vary from 165 feet in the northwest in the City of Indian Wells to 33.5 feet in the east. The maximum 10-year and 100-year storms that discharge directly into the Whitewater River generate flows of 338 cfs and 611 cfs, respectively. It is recommended by this Master Plan to drain subarea four into the Whitewater River. This subarea is bounded State Highway 111 to the south, the City boundary to the east, a natural high point south of Miles Avenue to the north, and Washington Street and part of the City of Indian Wells, to the west. The subarea includes about 310 acres of tributary drainage, from the City of Indian Wells. If the City of Indian Wells diverts their area directly to the Whitewater River, a. much smaller facility can be used in Washington Street. This off -site tributary area was assumed to have 1/4 acre single family development. A General Plan for State Highway Ill corridor is currently being prepared. This Master, Plan recommends drainage from this corridor to the Whitewater River. The proposed storm drain facility in Washington Street begins, at the northwestern corner of the City. It mainly receives off -site runoff from the City of Indian Wells and drains it into the Whitewater River. The fac:ility ranges from 45" to 72" RCP. There is no alternative recommendation for subarea four. The cost of these facilities are shown in Table XV-1. Subarea Five: This subarea is bounded at the north by a natural high point south of Fred Waring Drive. I:n the east it is bordered by Dune Palms Road, a high point north of the Whitewater River to the south and a natural high point east of Washington Street to the west. Elevations in the watershed vary from 127 (+/-) in the west to 42 (+/-) in the south. The 10-year and 100-year storms generate flows of 327 and 617 CFS, respectively. The Unit Hydrograph Method was used to calculate these peak flows. Ultimately, runoff is conveyed from subarea five to the Whitewater River. The proposed storm drain facility begins about 500 feet east of Washington Street and Miles Avenue - 43 - intersection. It follows Miles Avenue from west to east, then it turns south on Dune Palms Road to pick up flows in the large sump area(shown on Plate 4) and discharges into the Whitewater River.- Its size varies from a 42" diameter RCP to a double 10' wide and 6' high RCB. There is no alternative recommended for this facility. Its cost is given in Table XV-1. A sump of about 40 acres is located at the northeastern corner of the trailer park on the north side of Miles Avenue. It is feasible to drain this sump into the main storm drain line in Miles Avenue. The profile of the mainline shall be designed such that positive slope is secured for the lateral draining the sump. Subarea Six: This subarea is bounded by State Highway 111 to the north, the city boundary to the east, future 48th Avenue to the south, and the mountains to the west. Elevations in this basin range from 1253 feet in the southeast to 31.25 feet in the La Quinta Evacuation Channel. The 10-year and 100-year storms generate flows of 481 cfs and 907 cfs, respectively. The Unit Hydrograph Method was used to determine the peak flows.. Storm runoff within the area flows in a storm drain system south in Washington Street, then east on future 48th Avenue. The proposed storm drain facility begins just south of the intersection of State Highway 111 and Washington Street. A 11.8 acre feet detention basin with an 18" drain is proposed to store and then convey runoff from the mountains north of the Laguna De La Paz development. The 18" outflow will intercept the mainline at Washington Street and 48th. The facility on Washington Street ranges from an 18" RCP to a 12' wide and 6' high double RCB. Its size was determined from the Hydraulic method discussed in Section III. Ultimately the runoff from this subarea is recommended to be conveyed to the La Quinta Evacuation Channel. There is no alternative to this recommendation. The cost of the system is shown in Table XV-1. Subarea Seven: It is recommended by this Master Plan of drainage to drain subarea seven through the City of Indio into the All -American Canal. . This subarea is bounded by 50th Avenue to the south, Jefferson Street to the east, and the Groves developement to the north and west. Elevations in this subarea vary from 68 feet in the northwest to 32 feet in the southwest. The 10-year and 100-storms generate flows of 97 cfs and 172 cfs, respectively. Storm runoff within this area flows toward 50th Avenue where a storm drain will intercept and convey the water to Jefferson Street. Eventually a facility in the City of Indio should continue to convey flows to the All -American Canal. A 54" diameter RCP facility is recommended. An alternative is to require the developer of this property to retain the 100-year on -site runoff. The cost of this storm - 44 - drain facility is shown in Table Xv-1. RJ Subarea Eight: It is recommended be this Master Plan of Drainage to drain subarea eight through the City of Indio to the Whitewater River. This subarea is bounded by Dune Palms Road to the west, natural high points to the north and south and the City Boundary to the east. Elevations in this subarea vary from 82 feet in the west to 50 feet in the east. The 10-year and 100-year storms generate flows of 105 and 183 cfs, respectively. Storm runoff within this area flows toward Miles Avenue. It is intercepted by a storm drain facility and conveyed to Jefferson Street. Eventually a facility in the City of Indio should convey the runoff to the Whitewater River. A 33" diameter RCP is recommended for subarea eight. An alternative is to require the developer of the area to retain the 100-year storm on -site. The cost of the storm drain is shown in Table XV-1. Method of Ultimate Runoff Disposal The total 100-year runoff from subareas one, two, and six will be discharged into the La Quinta Evacuation Channel at four different points along the canal. The total 100--year storm runoff from subareas three, four, five, and eight will be conveyed to the Whitewater River. Subareas three and eight will drain through the City of Indio before reaching the Whitewater River. Subarea seven will also drain through the City of Indio before reaching the All -American Canal. The Reflections and the Groves development will retain the 100-year storm on -site. Alternatives There are no alternate drainage facilities recommended for Area Four by this Drainage Master Plan. =19.- M Table XI LA QUINTA MASTER PLAN RECOMMENDATIONS FOR OF DRAINAGE AREA 4 Recommended Facilities Subarea Node Q Q Tributary Facility Facility Average Number Number 10 100 Area Length Slope (cfs) (cfs) (Acres) Size Type (feet) M 1 1 29.6 52.6 28.0 2 27.4 51.7 51.0 3 15.9 27.1 10.0 78' RCP 2700 0.25 4 172.8 304.2 150.0 78' RCP 1100 0.25 5 172.8 304.2 150.0 2 6 74.9 127.8 110.0 7 60.4 105.1 72.0 8 8.0 13.6 7.0 9 140.5 250.5 172.1 66' RCP 2000 0.40 � 90' RCP 1500 0.15 10 173.0 309.8 218.1 6x7 DOUBLE RCS 1100 0.15 11 314.9 566.1 389.1 6x10 DOUBLE RCS 2100 0.10 12 367.4 741.2 546.9 6x10 DOUBLE RCS 1200 0.10 13 367.4 741.2 546.9 3 14 9.8 16.7 7.0 36' RCP 24CO 0.90 15 68.5 121.7 69.0 60' RCP 2700 0.90 16 135.1 241.5 147.0 724 RCP 2700 0.90 17 M ----12-7-----23-0------'6-0- 201.0 360.7 230.0 18 42' RCP 1900 0.10 17 L 12.7 23.0 16.0 AS - 46 - Table X111-1 (continued) LA QUINTA MASTER PLAN OF DRAINAGE RECOMMENDATIONS FOR AREA 4 Subarea Node Q Q Tributary Recommended Facilities Number Number 10 100 Area Facility Facility Average (cfs) (cfs) (Acres) Length Slope Size Type (feet) M 4 19 117.9 211.4 114.0 45' RCP 1200 1.40 20 117.9 211.4 114.0 72' RCP 2200 1.40 21 320.4 578.5 335.0 72' RCP 1400 1.40 22 338.6 610.5 352.5 23 9.3 15.8 7.5 24 78.2 137.9 103.0 25 132.9 234.3 175.0 26 33.8 60.5 50.0 27 47.9 91.7 106.0 28 4.8 9.3 11.0 29 18.5 35.4 42.0 5 32A 40.0 70.0 40.0 54" RCP 1000 0.20 32 L ---------------------------------- 40.0 70.0 40.0 30 13.1 22.3 10.0 424 RCP 2000 0.50 31 96.5 167.5 94.6 32 M 240.6" 418.0 240.6 754 RCP 700 0.50 84' RCA 1300 0.50 33 290.5 505.6 295.E 34 313.3 545.7 93, RCP 1300 0.50 321.6 35 327.2 616.9 501.7 81' RCP 1800 0.50 6x10 DOUBLE RCB 2400 0.10 36 327.2 616.9 501.7 E - 47 - Table XIII-1 (continued) LA QUINTA MASTER PLAN OF DRAINAGE RECOMMENDATIONS FOR AREA 4 Subarea Node Q Q Tributary Recommended Facilities Number Number 10 100 Area Facility Facility Average (cfs) (cfs) (Acres) Length Slope Size Type (feet) M LIM 6 37 21.2 33.9 9.0 480 RCP 700 0.35 38 94.8 153.8 46.1 6x8 SINGLE ROB 2100 0.35 39 326.8 550.0 212.7 6x12 DOUBLE ROB 2700 0.10 40 M 470.6 896.7 575.8 6x12 DOUBLE RCB 5400 0.10 41 481.2 907.1 792.9 42 50.5 86.1 49.0 43 89.7 152.9 87.0 ---------------------------------- 44 142.7 255.9 120.4 180 RCP 2600 1.50 40 L 11.2 11.2 120.4 1 7 45 10.0 17.1 7.0 54' RCP 2400 0.63 46 97.4 171.8 101.0 8 47 14.5 24.7 10.0 33" RCP 1300 1.19 48 104.9 182.9 87.5 NOTES: RCP Indicates Reinforced Concrete Pipe, CSP Indicates Corro- gated Steel Pipe, and RCS Indicates Reinforced Concrete Box. L refers to lateral and M refers to mainline. mllllu-� D 1I Section XIV ESTIMATED COSTS OF PROPOSED FACILITIES AREA FOUR The following tables summarize the discussion of recommended facilities in Section XIII. Cost estimates required to construct the recommended storm drain facilities are also included. Unit costs of storm drain pipe and manholes were based on the 1985 Lee Saylor, 'Inc. Current Construction Costs, 22nd Edition. The costs were inflated 20% to make them current with January 1986 levels (this is in accordance with what BSI CONSULTANTS has experienced). They included a vertical trench four feet of depth in the unpaved streets for reinforced concrete pipes. Unit costs of storm drain pipes larger than 75 inches in diameter and reinforced concrete boxes were based on the Los Angeles Flood Control District Cost and Estimating Manual, January 1.983. According to the recommended practice of Los Angeles Flood Control District, these costs were inflated 20% to make them current to January 1986 levels. All adjusted costs were increased 28% for Engineering, Inspection and Administration in accordance with what BSI CONSULTANTS has experienced.. The cost calculations and corresponding assumptions are included in the technical appendix. - 49 - Table XIV-1 LA QUINTA MASTER PLAN OF DRAINAGE AML CONSTRUCTION COSTS FOR RECOMMENDED FACILITIES FOR AREA 4 Node Number Approximate Location Proposed Facilities length - size Unit Cost/ft Total Costs 3 to 4 Washington Street 2700 - 78 ' RCP $324 $874,800 4 to 5 Washington Street 1100 - 78 ' RCP $324 $356,400 Subtotal for subarea 1 - $1,231,200 8 to 9 Eisenhower Street 2000 - 66 ° RCP $245 $490,000 9 to 10 Eisenhower Street 1500 - 90 ° RCP $399 $598,500 10 to 11, Eisenhower Street 1100 - 6x7 Double RCS $557 $612,700 11 to 12 Eisenhower Street 2100 - 6x10 Double RCS $835 $1,753,500 12 to 13 Eisenhower Street 1200 - 6x10 Double ROB $835 $1,002,000 Subtotal for subarea 2 - $4,456,700 14 to 15 Fred Waring Drive 2400 - 36 RCP $163 $391,200 15 to 16 Fred Waring Drive 2700 - 60 RCP $225 $607,500 16 to 17 Fred Waring Drive 2700 - 72 RCP $264 $712,800 18 to 17 Jefferson Street 1900 - 42 RCP $174 $330,600 Subtotal for subarea 3 - $2,042,100 19 to 20 Washington Street 1200 - 45 ° RCP $181 $217,200� 20 to 21 Washington Street 2200 - 72 ' RCP $264 $580,800 21 to 22 Washington Street 1400 - 72 ° RCP $264 $369,600 Subtotal for subarea 4 s $1,167,600 32Ato 32 E. Side of Trall Pk 1000 - 54 ° RCP $206 $206,000 30 to 31 Mlles Avenue 2000 - 42 ° RCP $174 $348,000 31 to 32 Mlles Avenue 700 - 75 ' RCP $283 $198,100 32 to 33 Mlles Avenue 1300 - 84 ' RCP $367 $477,100 33 to 34 Miles Avenue 1300 - 93 ' RCP $410 $533,000 34 to 35 Dune Palms Road 1800 - 81 ' RCP $343 $617,400 35 to 36 Dune Palms Road 2400 - 6x10 Double ROB $835 $2,004,000 Subtotal for subarea 5 m $4,383,600 Subtotal e $13,281,200 LZ - 50 - Table XIV-1 (continued) LA QUINTA MASTER PLAN OF DRAINAGE CONSTRUCTION COSTS FOR RECOMMENDED FACILITIES FOR AREA 4 Node Approximate Proposed Facilities Unit Total Costs Number Location length - size Cost/ft 37 to 38 Washington Street 700 - 48 • RCP $189 $132,300 38 to 39 Washington Street 2100 - 6x8 Single RCB $369 $774,900 39 to 40 Washington Street 2700 - 6x12 Double RCS $1,084 $2,92.6,800 40 to 41 Future 48th Street 5400 - 6x12 Double RCS $1,084 $5,853,600 44 to 40 West of 48th Street 2600 - 18 ' RCP $83 $228,800 44 Retention Basin - 2.5 acres $50,000/ac $125,000 44 Excavation - 23,653 cy $10/cy $236,530 ■ 45 to 46 50th Street 47 to 48 Mlles Avenue Subtotal for subarea 6-$10,277,930 2400 - 54 ' RCP $206 $494,400 Subtotal for subarea 7 . $494,400 1.300 - 33 ' RCP $149 $193,700 Subtotal for subarea 8 - 51 - $193,700 GRAND TOTAL - $24,247,230 Section XV CONCLUSION AND RECOMMENDATION AREA FOUR IThe recommendations for each of the subareas of Area Four are shown on Plate 4. Runoff from subarea one will be drained through an RCP in Washington Street to the La Quinta Evacuation Channel. Runoff from subarea two will be drained through an RCP and RCB-facility in Eisenhower Drive to the La Quinta Evacuation Channel. The drainage from subarea three will be picked by an RCP facility in Fred Waring Drive and taken east through the City of Indio to the Whitewater River. Discharge from subarea four will generally drain to the Whitewater River. Runoff from subarea five will be drained though an RCP facility; in Miles Avenue and Dune Palms Road through a large sump area to the Whitewater River. The drainage from subarea six is conveyed in a RCP and RCS facility in Washington Street and the future street of 48th Avenue to the La Quinta Evacuation Channel. The runoff from subarea seven will be drained in a RCP through the City of Indio to the All -American Canal. Finally, the drainage from subarea eight will be drained in an RCP through the City of Indio to the Whitewater River. Although these recommended facilities have been investigated for feasibility of construction they should be analyzed in detail for location and required easements, and construction ■■ interferences by the design engineer. The cost of these facilities is $24,247,200. The cost breakdown is shown in Table XIV-1. It should be noted that the cost of these facilities can be greatly reduced (as well as the discharge draining into the major flood control facilities) if developers are required to retain on -site runoff. 0 C C I - 52 - i RESOLUTION NO. 85-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A COMMUNITY {� INFRASTRUCTURE FEE POLICY TO BE IMPOSED ON NEW DEVELOPMENT. WHEREAS, the City of La Quinta was incorporated in 1982 and, on an interim basis, the City has adopted the existing County General Plan and the City is now in the process of preparing its own complete General Plan, consisting of all required elements; and WHEREAS, since its incorporation, the City has been and continues to experience significant development pressure in the form of applica- tions and proposals for new residential and commercial land development within the City; and WHEREAS, new development does not currently pay it's reasonable share for infrastructure improvements while development is occurring in La Quinta at a rapid rate adding further deterioration and impacts on the City's existing infrastructure; and WHEREAS, there are inadequate drainage facilities in the City and there is a need to develop a drainage system since La Quinta is located in several flood zones and is therefore subject to serious flooding of both a local and regional nature; and WHEREAS, there is a lack of public improvements and facilities, including a deficiency in public safety facilities, and the City is responsible for maintaining an appropriate level of service to the present and future citizens of La Quinta; and WHEREAS, the City of La Quinta currently has no permanent public buildings, such as a City Hall and a Municipal Library, to conduct government business and provide for quality service to the community and there is a need to acquire land for and construct such public buildings; and WHEREAS, there is no specific funding source to acquire :Land and develop city parks and recreation facilities, and maintain and improve its existing park facilities and there is a need to provide for the public's park and recreation needs to accommodate the City's growing population; and WHEREAS, the City's existing circulation system is inadequate to handle current and future traffic patterns and it is essential to widen City streets which have inadequate width, improve the circulation system to accommodate an anticipated increase in traffic, and improve and develop bridges and traffic signals for suitable traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian movement; and WHEREAS, existing City revenues and fees imposed upon new devel- pment, including the existing development fee collected for fire and police facilities and equipment and traffic signalization pursuant to Section 3.17.020 of the La Quinta Municipal Code, are inadequate to provide needed infrastructure for future anticipated development; and ..SOLUTION NO. 85- 26 WHEREAS, the City has recently adopted a Public Facilities and 'Juilding Element of the General Plan, the goal and objective of which s to provide a comprehensive public services and facilities and pub- lic building program for the citizens of the City of La Quinta now and in the future so as to ensure that all necessary public facilities will be available concurrent with need in connection with the develop- ment of the City pursuant to the balance of the General Plan. The provisions of said Public Facilities and Building Element are incorpor- ated in this Resolution by this reference; and WHEREAS, the continued and cumulative development of the City, with the consequent increase in population and in the use of public facilities, will impose increased requirements for such facilities, including but not limited to park and recreation facilities, major thoroughfares and bridges and traffic signalization, public safety facilities and other public buildings; directly from new development and the need cannot be met and financed from ordinary City revenues; and WHEREAS, the most practicable and equitable method of paying for such needed facilities is to impose a fee upon new development within the City and the payment of such a fee will enable the City to fund a construction program to provide such public facilities as they are required and demanded; that if a development agrees to pay the community infrastructure fee established by this policy, the Council will be able to find that all necessary public facilities nd services will be available concurrent with need and, in the )' event such finding cannot be made, the City Council will be required to disapprove the development as being inconsistent with the General Plan; and WHEREAS, it is deemed necessary and desirable to hereby estab- lish a policy regarding the requirements which must be met before the City Council will find that the Public Building and Facilities Element has been satisfied and to establish a policy that will allow development to proceed in an orderly manner while insuring that the requirements of the Public Building and Facilities Element will be satisfied by estab- lishing a fee to fund the cost of the above stated City provided facilities which will insure the availability of said facilities concurrent with need. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: 1. Findings. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. The City Council further finds that: a. The report entitled "Infrastructure Fee Study", dated March 19, 1985, accurately states the City's need of and lack of ability to provide for the described public buildings, facilities and services to serve new development. Said report sets forth a necessary and reasonable method of funding said buildings and facilities. Said report is hereby approved. SOLUTION NO. 85- 26 b. The categories of community infrastructure and the percent of said infrastructure fee attributed to each i category of infrastructure is as follows: Public Buildings 10.6% Public Safety Building 8.7% Recreational Facilities 11.8% Bridges 14.0% Major Thoroughfares 46.5% Traffic & Pedestrian Signals 2.4% C. In order to allow residential and commercial land development to proceed in an orderly manner, while insuring that all new development is consistent with the General Plan, including the Public Building and Facilities Element, it is necessary and appropriate to establish the following infra- structure fee to be imposed upon new development. Said fee will assist the City in funding a construction program to provide such needed public buildings and facilities as they are required and needed. If said infrastructure fee is imposed upon and paid by new development in accord with the provisions of this resolution, then and in that event, the City is enabled to make a required finding that all necessary public facilities and services will be available concurrent with need. On the other hand, if said infrastructure fee is r not so imposed and paid, the City shall be required to disap- prove such development as not consistent with the General Plan. 2. Community Infrastructure Fee Policy. Amount. Prior to approval of any zoning, rezoning, subdivision, or development proposal, the applicant shall pay or agree to pay a Community Infrastructure Fee in the following amount for the following type development: a. Residential - An amount equal. to 1�% of the building permit valuation for each dwelling or structure, with a maximum fee of $2,000.00. b. Commercial, Industrial and all other non-residential- $6,000.00 per gross acre. The fee shall be paid prior to issuance of building or other similar permits and shall be based on the permit valuation at that time. 3. Use of Funds. Capital Outlay. All proceeds from fees collected pursuant to the community infrastructure fee policy shall be paid into special capital outlay funds to be established by the City. Said fund or funds shall be used only for the purpose of acquiring, building, improving, expanding and equipping { public property and public improvements and facilities described as community infrastructure in this Resolution, as the City Council may deem necessary and appropriate. Designation of ,ZSOLUTION NO. 85-26 expenditures of funds available from the special capital outlay fund'(s) shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct. 4. Exclusions and Exceptions. There is excluded from the fees imposed by policy, the following: (a) Any person when imposition of such fee upon that person would be in violation of the constitution and laws of the United States or the State of California. (b) The construction of any building by the City of La Quinta, the United States or any department or agency thereof or by the State of California or any department, agency or Political subdivision thereof. (c) The City Council may grant an exception for a low cost housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing, the City Council may attach conditions, including limitations on rent or income levels of tenants. If the City Council finds a project is not being operated as a low cost housing project in accordance with all applicable conditions, the fee, which would otherwise be imposed by this chapter, shall immediately become due and payable. 5. Credits. Other Methods of Providincf Infrastructure. Unless otherwise specifically provided herein, the community infra- structure fee shall be in addition to and not in lieu of other valid exactions imposed upon new development through the sub- division or other approval processes. Provided, however, that payment of the infrastructure fee shall be in lieu of payment of the public facilities and equipment and traffic signaliza- tion fund pursuant to La Quinta Municipal Code, $ 3.17.020. Provided further, that in the event developer is required to directly provide infrastructure improvements specifically provided for in the fee structure (e.g. major thoroughfare widening or fire station construction), developer shall receive a fair and equitable credit against the fee. City hereby determines that the infrastructure fee is not intended to be the exclusive method of installation of needed Public buildings and facilities and the City will consider alternative proposals (such as the Mello -Roos Community Facil- ities Act of 1982, and Subdivision Map Act provisions for major thoroughfares, bridges and parks), to provide needed infrastructure to particular development and, to the extent such alternative proposal is discretionarily approved by the City Council, developer shall receive a fair and equitable 00 credit against payment of the infrastructure fee. Any developer seeking alternative methods of installation shall submit such proposal to the City at the time of submittal of an application RESOLUTION NO. 85-26 for development. 6. Validity. Severance, If any section, subsection, sentence, ` clause or phrase of this resolution is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this Resolution. The Council declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or mare sections, subsections, sentences, clauses or phrases be declared invalid. In determining the amount of infrastructure fee, the City Council has been guided by the report entitled "Infrastructure Fee Study", but has reduced the fee from the amount recommended therein in order to reduce the overall. cost of housing in the City. In the event any category of such fee shall be declared invalid, such determination shall not affect the validity of any other category. The Council further finds, declares and determines that the infrastructure fee on all remaining valid fee category shall be increased by the amounts of the fee categories declared invalid. Provided, however, that the amount of the remaining valid fee categories shall not be so increased over and above the amount recommended by said report for each category. 7. Administration and Enforcement. Effective Date. Repealer. The Community Development Director shall be responsible for the administration and enforcement of this policy. His decision may be appealed to the City Council whose decision shall be final. The City Manager is hereby authorized to execute necessary agreements for the administration of this policy. This Resolution shall become effective May 19, 1985, and shall remain in effect for a period of ten (10) years (through May 17, 1995) at which time it is repealed. Provided, however, that such period of time shall be extended by any period of time during which a residential development moratorium is in existence within the City. APPROVED and ADOPTED this 19th day of March 1985. ATTEST: MAYOR CITY L WPROVED AS TO FORM• CITY TO APPROVED AS TO CONTENT: CITY Y AGER u APPENDIX E NOTICE OF COMPLETION 0 f�%ITGI-�f�N,.d4 State of California Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 Project Title Redevelopment Plan / Redevelopment Project Area No. 2 Project Location - Specific The area north of Avenue 50 between Washington and Jefferson Streets and property north of Avenue 48 west of Washington Street to City limi Project Location - City Project Location -• County City of La Quinta Riverside Description of Nature, Purpose, and Beneficiaries of Project -- Commercial and infrastructure improvement effort for benefit of Project Area residents and the City as a whole. Lead Agency Division City of La Quinta Address Where Copy of 8IR is Available - 78-105 Calle Estado, La Quinta, CA. 92253 Review Period August 15 thru September 28, 1988 Contact Person Area Phone Extension t 40 Murrel Crump (619) 564-2246 APPENDIX F COMMENTS SUBMITTED ON THE DRAFT EIR Ic BEST. BEST & KRIEGER • ••,,,LMno u¢,aO,MG .,P.[...... LAWYERS ARTMUR L. LITTLEWORTN' WILLIAM W. FLOVO,JR JOHN R. ROTTSCM.EFC9 .ANOY LEE ALLEN GLEN E. STEPHENS' MICMAEL A. CRISTE' • V N A MVELLER ELISE X. TRAYNUM WILLIAM R. D[ BARYON GRCGORT L. HINInE MICMAEL SUMMEROUR OAVID A. BRANOEBURG N C. GAUTO UT• CMARLES O. FIELD' KENDALL N. M.CVEY HOWARD 8. GOLDS WILLIAM O. OANLING. JR, PAULTSEL2ER• CLAP. M. ALSO- EUGENE TANAKA TERESA J. PRISTOJROVIC OA LEAS HOLMES' DAVID A ERWIN' MARGARET E TANA.A VICTORIA N..ING CHRISTOPHER CARPENTER' MICMAEL J. ANOELSON' BASIL i CHAPMAN BETTY S. N. ALTON RICHARD T. ANDERSON- DOUGLAS S. PNILLIPS' JEFFERY J, CRANDALL MATT M. MDR." JOHN D. WAMLIN' CMARLES M. ELLIS' SCOTT C. SMITH JEFFREY V, D.A. MICMAEL D. MARRIS' LANTSOM E. ELDRED' LANCE A. AOAIR JAMES E. NEUEPBURG W. CURT EALY' IRW W L. GOLDS JACK S. CLAR.E STEVEN C OEBAUN THOMAS S. SLID~ ANTONIA G. WEINER JEANNETTE A. PETERSON BRANT N. OVEININ JOMN E BROWN' GREGORY A. WILKINSON TERI L. VOLLNOGLC ERIC L. GARNER RONALOJ..OMUT WYNNE S. FURTM BARBARA C.RISTAL DAVID L. BARON BRIAN M. LEWIS „ ICHAEL T. RIDDELL' VIRGINIA A. ETTINGER TIMOTHY M. CONNOR EREOITM A, JURY' VICTOR L. WOLF GEORGE M. CHANTII MICMAEL GRANT' OAwEL E. OLIV-ER RONALD A. VAN BLAR Co. FRANCIS J. BAUM. DANIEL J. M'HUON BRADLEY E, NEUFELO ANNE T. THOMAS. O. MARTIN NET.E.Y- CARL F HERBOLO CECILIA S. Wu A1.O.O BEST II16B.I95)) GEORGE M. REYES STEPHANIE A. HARLAN MICMAEL E. MULME. JR. JAMES N..RIEGER II.ID'I 9,5 ) MARC E. EMPEY GEOFFREYA. WILDS EUGENE BEST(IBBJnBBI) .. A,D,....... I<O.....NR. October 6, 1988 Mr, Merrill Crump, Director Planning Department City of La Quinta 78-105 Calle Estado La Quinta, California 92253 O r T 7 1988 ORI.E. SUITE 312 "A159,19f FICE BOX 1555 RANCMO MIRAGE.CALIFORNIA 92270 TELEPHONE(609) 566 26R TELEX 752935 TELECOPIER (61D) 3�0.669B GORDON COLOGNE, OF COUNSEL JAMES R CORISON, OF COUNSEL RICHARD A. OSMINS. OF COUNSEL 'O,n. n[vAOA Sw GTON. O~C. COY,Y O/ CLAI.. OFFICES IN rvCRS1OI.I BB . PALM SPRININGf IBrflI 3 Z3 VZ6• ONTA.C,W........... SAN DIEGO (8191 .3)•GIS ® Dear Mr. Crump: Pursuant to Public Resources Code, Section 21092, we hereby request notice of any and all proceedings or draft or final documents having to do with the environmental requirements of the proposed Redevelopment Plan for Project Area Number 2. Sincerely, BEST, BEST & KRIEGER�� c,iG�-l'S'C�� KANDY4LLLE4�'N KLA3/34/mpb CITY OF Z44b& CALIFORNIA 100 CIVIC CENTER MALL . P.O. DRAWER 1788 . INDIO, CALIFORNIA 92202 W. PHILLIP HAWES CITY MANAGER TO: City of LaQuinta, City of LaQuinta Planning Commission, City of LaQuinta City Council FROM: City of Indio, Citizens of the City of Indio, Jim FitzHenry, Vice -Mayor of the City of Indio DATE: September 28, 1988 On behalf of the City of Indio and its citizens, we submit the following comments and concerns as relates to the proposed Redevelopment Plan for Project Area No. 2 and its Draft Environmental Impact Report. The City of Indio feels that the proposed Redevelopment Plan fails to meet the current legal definition of a Redevelopment Project Area as defined by Health 5 Safety Code §33320.1. This section defines a Redevelopment Project Area as ". a predominately urbanized area of a community which is a blighted area." "Predominately urbanized" is further defined as ". . not less than 80% of the privately owned property in the Project Area has been or is developed for urban uses." Since the proposed Redevelopment Area is for the most part undeveloped, the City feels that the Project Area is not by definition a "blighted" area and is therefore not a proper subject for redevelopment. The Draft Environmental Impact Report ("DEIR") does not provide information or substantiating datathat the Project Area meets the criteria for a Redevelopment Project Area. The DEIR does incorporate by reference a June 1988 Preliminary Report prepared by Rosenow Spevacek Group, Inc. and states that that report shows evidence that the Project Area is blighted. Pursuant to State CEQA guidelines, Section 15150(c): "Where an EIR . uses incorporation by reference, the incorporated part of the referenced documents shall be brieflv summarized where possible or briefly described if the data or information cannot be summarized. The relationship between the incorporated part of the referenced document in the EIR shall be described." (Emphasis This document, however, does not summarize or describe the data or information contained in the referenced report but merely states that "the preliminary report indicates that the Project Area exhibits characteristics of blight as defined in the California Health & Safety Code." (DEIR, pg. 10) Since the required purpose of a Redevelopment Project is the elimination of blighting conditions within a designated project area, data and analysis of what constitutes blight in this Project Area should be an essential subject of this DEIR. The document instead, without any analysis, "assumes" that the area is blighted and that the Redevelopment Project is therefore necessary and essential in order to eliminate blighted conditions. The City of Indio and its citizens further submit, as Attachment A, detailed comments as to the inadequacies of the Draft Environmental Impact Report. 0 �V A- L4�� / - 0 Jim itzHen , Vi -Mayor Cit of Indio ATTACHMENT A COMMENTS ON THE REDEVELOPMENT PLAN/ REDEVELOPMENT PROJECT AREA NO. Z DRAFT ENVIRONMENTAL IMPACT REPORT LEAD AGENCT: CITY OF LA QUINTA Introduction The Citof La Quint regarding thegreferenced Draft Envi omentalnts arsubmitted tohlmpact Report (EIR). These comments are page specific, but some common inadequacies are found throughout the document that can be summarized as follows: a. The project is so poorly defined (even for a very general proposed project) that the Draft EIR has no focus and no real analysis. As a consequence, much of the discussion in the text consists of rehashed General Plan issues and no focus on any potential consequences. The potential impacts attributable to the proposed plan are never adequately characterized for the reader in the text of .this document. In most eases, noise is a notable exception, no criteria are Amok ® provided for determining what is and what is not a significant adverse environmental impact. b. The document provides generic descriptions of resources (with a few exceptions) and infrastructure systems that contain few facts that can be confirmed and independently evaluated. Almost all impact sections contain unsupported or undocumented conClusionary statements. e. Incorporation by reference requires summaries of data or discussions of the data (CEQA Guidelines, Section 15150 (c)) in order to allow the Draft EIR to stand alone and be independently evaluated. This EIR fails to provide such data throughout its sections. d. Current EIR texts must address alternative locations, cumulative impacts, and the impacts of the project after mitigation, including the consequences, if any, of proposed mitigation measures. This document fails to present clear conclusions of impacts that are factually based and then to provide some assessment of mitigation measure consequences. e. This document contains a bias throughout the text that makes it appear that a positive environmental benefit of the redevelopment project will be additional development. This ® assumption and bias prevents an evaluation of actual environmental impacts and too often shifts the focus of the document from the required evaluation of potential adverse environmental impacts --to benef-ita that mayaccruefrom - 1 - redevelopment. This is an inappropriate focus for a document that is intended to an unbiased disclosure of information regarding potential adverse impacts. f. Many of the mitigation measures identified in this document are legal requirements that do not provide any real Mitigation. If Some action is mandated by law, regulation, ordinance or standard condition, citing it as mitigation is misleading because it does not really achieve any additional mitigation beyond that which a project proponent must perform. Comments pae 1: All of adeh quate responses to themsectionsary commentsprovided her rewriting in area dressed• Pagored in the project (inea2sub equentgseotion)t this h generally nsection acknowledges description that the Preliminary Report has identified a number of "specific projects proposed to be undertaken in the redevelopment of the Project Area." This is one basis for identifying locations of projects, singling out the resources to be impacted in such areas, and generally describing impacts related to such projects. such The icificity, even though document fails tinclude such spe addressails to ar proect are kn. impact o that areuripeiforfevaluationat this iand time s Pages 3-7: The Summary of Impacts and mitigation measures must be recrafted after developing additional information nand aft ed er new conclusions are reached based upon fact, unsu pP .00nelusionary statements. of on must beg addressed tisrtoodefine t those hspecific blightede project iare sat both develowhatevere analysis d and dthe 1i City la has toannot be justify such a ed (based an conclusion) without this redevelopment project. This would allow focus on such areas as separate from the General Plan and zoning designations that are used interchangeably with the proposed redevelopment project. Once defined, resources at risk in these areas could be characterized and quantified in a more specific evaluation than provided in this document. Pages 9 and 10: Note that wholesale incorporation by reference without providing any summary or discussion of the data in such documents makes it impossible for an intelligent person to follow the danalysis and he Californiaindependent Environm nt 1 Quality Act as intenedbyt(CEQA). Page 10: The second paragraph contains a conclusionary statement - 2 •- ' regarding the existence of blight in the City. No data is presented in this document to justify such a conclusion and it is essential that such a project underpinning be presented in this text and tested against the blight criteria, including the amount of undeveloped.acrsage within the project area. Again at the bottom of the second paragraph, no reference is made to the location of specific blighted areas and the type of blight being experiences. In the bottom paragraph the description of the Plan is general and ignores the specific projects identified In the Preliminary Report. Page 14: At the bottom of this page the rationale for selecting the proposed Project Area is defined. This section, as Well as the alternatives section at the and of this document, fail to address why these boundaries were selected. Is this the only blighted area within the City? Why were the boundaries located as shown? Where are the specific blight areas and what is the basis for determining each of them as blighted? Page 15: Item i4 on this page discusses specific infrastructure ® (not environmental) system inadequacies. If these were defined in some detail, the project description would be adequate enough to allow an appropriate level of evaluation for the actual project being considered by the City. Identify the areas of inadequate drainage improvements and which of these are assumed to be undevelopable without the creation of this redevelopment area. See Item 96 on this page. Item V , which areas are economically stagnating that need to be redeveloped? Item P8, define underutilized as meant in the Plan and relate to environmental conditions. It almost appears as if "underutilized" areas are those that contain undisturbed habitat. Please clarify. Pages 18 and 19: This dicussion of project characteristics should discuss the concept of direct impacts due to the specific actions envisioned under the project and indirect impacts due to the projects supported by the redevelopment envisioned or supported by this project. It is the latter that has tangible impacts on the environment. Page 20: For each of the projects listed (is this the list in the Preliminary Report?) identify the location of the proposed is improvement. Page 23: The discussion regarding Table 2 fails to identify the 3 - hat are ted d dependent portioae of the project sect for future �implenmentation. upon By the redevelopment prof providing percentage breakdowasof this ot ra,aurcestatmriskncouldtbe and location of such areas the type examined. Page 24: The term "unintensive land uses" appears to mean undisturbed habitat that may support important biological resources. Please describe what is actually meant. Where are areas with "dilapidated structures" that the project envisions redeveloping? the e factor the reaideatlal or areas whtions are ich maderegarding the largest rpercentagefof the project area? please provide this and evaluate within the text where appropriate. Page 25: The conclusions on this page are not supported with any analysis that can be independently evaluated by the reader. These conelusionary statements are inconsistent with the CEQA which has as its f issues 30 that information p is aprovh i ed to clear definition e the readerfor independent evaluatin and judgement as to significance. Please provide the data necessary to with the City General sPlan and the air qualitytain the conclusions plan. arding consistency plan. Page 26: It is not clear that they type of development envisioned in the City is for a permanent population or for second home development which may contradict the conclusion regarding decreases in vehicle miles. Please address the envisioned market n the City ent population.Netherthe City intends to serve a large p. Page 29: Identify the amout of land the has been subdivided by remans to be suchi iareas to bevincluded inwthees this affect the eligibility of redevelopment area? Page 32: The reference to Figures 12 and 13 on this page pointed out the failure to explain whatin format en is to cinta ontained in these these figures. No legend or key i Figres; thus andu uthis portion hof the ey nenvironmental d alone w usetting cIsninadequate. etatlon The reference to Figure 15 does not make sense since the graphic on this figure does not make sense in terms of the reference. of Pleas tanding rifthe ndata in this sectionlofcthe eElR, this figure to under Page 33: The top sentence isdoes shownoonmFigurey167halt hasane rewrite to clarify. legend. Are there other areas with 100 year flood plains beside the Whitewater River? Please --illustrate is they exist. - 4 - In the second paragraph is the City's population expected to more than double in 11 years? Please provide the growth rate data to sustain this figure. What is the ultimate population anticipated in the redevelopment planning area? Under the housing discussion is the statement that 1,306 units are available for occupancy factual or are these units that are second homes? This whole issue of permanent and temporary whichoccupancy and the us@ of statistics misleads g needs to be clarified in the textat thiac tually be Page 35: The biological setting is far too narrow. It fails to address the vegetation communities and animal habitats that occur in the prposed Of sensitive° habitats eorlospecies pment rthat ea n could ben t impacted bythe proposed project. Page 40 year life.isThis should ha ethe first o t beenpre ethe nt do indtho e ject has aprevious two sections to provide a context for understanding projected population, housing and other features of the proposed project relative to the life of the Plan. Please revise the text to provide this information. Also, at the ry statement is made that tom only general impacts f the first paragraph e n bedescribed. If the modifications in the project description outlined above are ntitative analysis can bep prresented. much QA indicates i that d all "relevant information" (CEQA Section 21005) must be provided and that "the sufficiency of an EIR is to be reviewed in light of what is reasonably provides and relate f tomaa swell defined project on requested above i as v outlined ery i abovble e Please provide this information as it is essential to conducting any independent analysis of the proposed project. Page 3T: It is not clear from the data presented on this page whether land with tentative and final maps, but still undeveloped, fall into the developed or undeveloped categories discussed. The vague, conolusionary statement that "blight is causing a lack of proper utilization of the aa to such an economically extent that the community is physically, socially burdened" is totally unsupported in this document. Please provide or summarize data for other documents that allows an Independent conclusion to be drawn regarding this concl rivate Also, what "serious burdens" cannot be alleviated by p enterprise action alone and where do they occur. Finally, the land use discussion provides no actual analyses of uses,land u3eq land ny text and poll ies relatedto existing the red-evel pment conflicts a and its consistency - 5 - with "all" of the text of La Quintals General Plan. Such an analysis must be provided. in the Environmental Effects discussion is the first example of a biased, unobjective evaluation of this project. The project may be beneficial from a development standpoint, but not necessarily to the natural environment that will be altered by the proposed project. This is not an impact analysis based on fact; it is self-serving oonclusionary statements that have no place in an environmental document and must be corrected. The documentation is not only inadeqbeinguate in this misi formed E=notit is informedmisleading reviewers who and up required by the CEGA. This section also does not contain an analysis of land use consequences in relation to surrounding jurisdictions in terms of conflicts and impacts. Please provide such an analysis. page 40: The third sentence on this page is invalid, based on the input provided above and as applied lead to an open-ended discussions with no content relative to the proposed, only cgeneric ould descriptions impacts text boo, cka few exceptions) that havebeen lifted from a sed on sure is law nd therefore doespnoto constituteirealamitigation datit should a The ouldbe deleted. Also, no evaluation of the effectiveness of mitigation is provided and potential impacts from implementing proposed mitigation are not assessed. This inadequacy occurs in each subsequent section and will not be restated again. It is assumed that a response will be provided to this issue here and in each subsequent section. Page 42: A major assumption is made on this page that is not supported by any facts. Does the Project Area actually represent the population and housing? On what basis were these conclusions assumed? Please provide independently verifiable justification. Page 43: This section provides no analysis of how this project wilyet In the supportdescriptionitwas pointed or impact gout rthat al osome t areas ion rw uld not be able to develop without the project. Please analyze the project's potential impact on population, particularly growth, race and other demographic and. socioeconomic features. Even though these are not necessarily significant in their own right, an adequacossbnof housi g petc )acannotebeereached(such as types of housing, and 3) Page 44: Two of the mitigation measures are mandated (1 and do not constitute real mitigation. page 48: This section suffers from addressing all growth and not r1. segregating out the impacts from the proposed project which is feasible as outlined above. in essence, no analysis of project impacts is provided, only generic data which appears to have been lifted from other documents and not cited. very major mitigation measures are identified an this and the next page and the consequences (lost habitat, increased runoff, etc.) needs to be described to understand the consequences of implementing these measures. Page 50: The discussion regarding particulate emissions and contributors skews the real data. The health impact is related to ambient air concentrationsof particulates that exceed standards on many days in which fires make no contribution. This is a misleading statement and must be corrected in the final. Recent PM10 data clearly indicate that secondary aerosols, not just carbon particles -from fires and dust, are a major contributor to particulate exceedences. What kind of perspective is being created by the comparison of emissions? Regardless of source, this area has degraded air, and much of the particulate problem is probably of area origin, not regional. Page 51: Provide quantitative data indicating the severity of local non -attainment pollutants and the health problems related to them. Note that other sources besides wind blow dust constitute the particulate problem. This is a misleading statement. Page 52: The discussion on this page is generic nonsense. It does not describe how local construction will impact adjacent parcels or areas that would be particularly sensitive. This discussion does not provide any framework to outline how the proposed project will contribute to or impact the local air quality setting. Pages 53 and 54: Please provide a list of the measures ideachieving mitigation 53nTableappendix assumeethat from chof all ment valid? emissions sIfr so ttpleaseble to the support withedatapthat program. an beanalyzed- Whatis the implication of the volume of emissions that can ultimately be attributable to the proposed project. Page 55: Mitigation measures with assured mitigation. Please address Also, note what volume of water will water spraying mitigation and how consumption of water. should statements are not this issue in the Final EIR. be consumed by the proposed does it impact cumulative - 7 - - se to osed Page 56: This section again at tributes from all ifuturetdevelopment project when it can be distinguished noise. Also, this section focuses on traffic and construction noises when andeothers)igenerateanoise at pfrom & vari tyiof activities, activities. page 57: Where will construction noises occur as a result of this project. This issue is ignored and must be corrected. Again, the generic noise description does not aid the reader in understanding the location and level of expoaurs to construction noises None of the data cited in raph in this document. Thereforethit Sistimpossiba impossible to confirmre pdthe coaclusionary statement made here. Please supply the necessary data to draw such conclusions. The last sentence on the page is not analysis, it is rationalization fact, noiselevels along slevels alongmanyroads may be unacceptable fora many uses. Please correct this comment. Page 61: The first sentence on the page does not make sense. Please clarify. The conclusion regarding compatibility is not supported by any analysis. evelopment o ectedAre l noise levels; are l Uses within the Blots deep area compatible with p ate mitigation; enought to ensure adequon; can this conclacted sioa be drawn without comparing land uses that may be impacted by the redevelopment hindependeevaluationprojected noise inthis document. None data are available for n document. Under mitigation measures, mitigation-h® arena and are they Please provide. Pages 61-67: None of the public service issues have sufficient descriptions of existing conditions to permit an assessment of their capacity in relation to consumption, use or capacity oclihe various systems. Such data as the number of responses for p and f ire and the time forpo r schools s(insquantitative evaluation)The capacity of the library, presented.not provided that canbee used ltoshoudbevaluatre readdressed sofa the data proposed project. Pages 68-71% None of these sections contains an analysis of the impacts of the proposed project. A few numbers aaaca thtrow any related to anythe text but these are not significance. Citations for criteria for determining aonclusionary statements are lacking and contradictory number (6.0 lbs. of trash generation versus 9+ lba.). to Again, many of the mitigation measures are mandated requirements and do not constitute project mitigation. Page 74: What are the additional long-term electrical loads; will new power lines be required and if so, where; c nd what is the basis for concluding that cumulative energy consumption impacts will be the California Energy Commission �conclusions This appears forthe nextto t20 contradict Page 74 and 75: No quantitative data are provided for natural gag Consumption or as cumulativeimpa is regarding natural is not supported by any data. Page 75: This water section is replete with eonelusionary statements that are not supported with quantitativermation. A- analysis that Canbe revision is needed to supply used to evaluate actual local and cumulative impacts, based on proposed project related projections. Page 76: The impact section contains no analysis or data to support any conclusion. Mitigation measures identified as requirements do not constitute +; real mitigation. Pages 77 and T8: The whole sewage generation analysis suffers in the same manner as described for the water analysis above. The in/waterwater assumption i quantities ofwater are used in theareanfunjustified since or exteriorirrigation and swimming pools. Page 80: The most important piece of seismic data is ignored in then project dareat13 may bethe exposedpotential toseismic the shaking level text values (obviously general at this point) that should be used in the UBC equation. Also, no depiction of locations of other geoteehnieal hazards is provided or an assessment of their severity. Page 84: The analysis Of impacts Contains e same described above for the discussion on present inadequacies setting Page 85: Figure 15 is unintelligible and needs to be redrafted to be readable and interpretable. Do 100 year flood areas exist along either of the Sear Creek tributaries? Page 86: The existing facilities discussion does not make sense. in one location it states that no on -site drainage facilities exist and below It discusses flood control ( systems When discussing completed o pleted within the City. Please clarify. protection from facilities at the bottom of the page is this curent or future and andrin.the future when wimprovements-are hat about ream ions at present completed? - 9 - 0 Pe 93: The discussion Of eo environmental limited elusionary statements regarding alleviation of dinage problems. Please describe what is entailed in alleviating impacts; what impacts will be downstream of these new facilities, and most important what impacts to the existing environment these envisioned facilities will cause. If a conclusion can be drawn that they will alleviate problems, then it must be known what will be habitat losses t and nimpacts rcan rbe specific provided. please provide this information. PS$e 95: The light and glare discussion ignores Mt. Palomar rea whereacontrol tofs light s is ed tbei bhat eing mandated toQuints is t hin the a Protect its operational capability. Page 98: what in the world is "ontogical" literature? This section contains no evaluation of potentially sensitive areas in relation substantiating data ot ide forthepconcareas.roject lusionarystatements made invthis section. Page 99: What happens when a conflict occurs between redevelopment project objectives and Native American resources, including burial places. How does this coincide with the City's General Plan goals, objectives and policies? Page 100: This whole section requires revision based on trovide afterthe reanalysis lof the eis completed. sections f the documen. Please p page 1o2: The no project evaluation spends more time evaluating the impact to lost development than the alteration in impacts posed by this alternative. Please revise accordingly and provide a short comparative analysis for each issue evaluated within this theudifferences iin impacts between s alternative. halternative is is tial to understand Also, there is no basis in this document for the conclusionary statement regarding inability to City to fund improvements without redevelopment. As previously noted, such data must be provided. Page 103: This alternatives evaluation contains a contradiction. If demand for facilities does not increase because growth cannot occur, then new facilities are not necessarily required. The conclusion that the proposed alternative is more environmantail� beneficial la far from datat andisanalysihed in a botdem nstrate suext and will chra substantially conclusion. - 10:'- Also, if additional property is not developed, natural habitat grebe at d and sso on., This analysis isless runoff nalso coless flood hazard ntradictory and needs a full explication before a final conclusion is drawn. Finally, the alternatives section requires an evaluation of alternative locations (boundaries) that could have been selected for the proposed project and why they were not selected. Phase provide this analysis as previously noted. Page 106: This long-term vs. short-term discussion will need completed revision based on additional data being provided in response to the comments above. page 107: The Irreversible impact analysis will need similar revision. It is refreshing to review such an up -front acknowledgment of prospective growth inducement. However, the consequences of this requi required endiwas notCprovids .onpleaseadjacent provide this jurisdictions analysis - The The above comments were written to give the City direction in developing adequate responses. Obviously, it is our conclusion that the document is not adequate at this time and requires substantial additional data and analysis in order to bring the document up to a point where it adequately informs all the interested proposed parties about the consequences of approving to these coents rode elopmenbe sedoject on "So dNotefaiththat �h reason analysis", not mus"conclusionary, statements unsupported y factual ct(CEQA fGuidelines� .•much of this document presently Section 15088). z ESTABLISHED IN I9)8 AS A PUBL:C AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398-2651 DIRECTORS RAYMOND R. RUMMONDS. PRESIDENT OFFICERS OFFICERS E LEW, GENERAL MANAGER -CHIEF ENGINEER JOHNTELLICOOEKAS. VICE PRESIDENT P PONELL BERNARDINESUTTON. SECRETARY ]GROHN S KEITH H. AINSWORTH, ASSISTANT GENERAL MANAGER THEODORJTHYM FISH THEODORE J. FISH September 28, 1988 REDWINE AND SHERRILL, ATTORNEYS File: 0034.19 REEIVED I : 1988 La Quinta Redevelopment Agency Post Office Box 1504 CITY Q'F LA QUINIA La Quinta, California 92253 d Gentlemen: t 1 This letter is in response to the draft environmental impact report prepared for the Redevelopment Development Project Area No. 2. The Coachella Valley Water District appreciates the opportunity to comment on the draft EIR. Our comments can be found in Attachment "A", enclosed. If you have any questions or require additional information, please call Robert Robinson, planning and management engineer, extension 424. RAR:lmf Enclosure/1/as Yours very truly zi p� Tom Levy General Manager—, TRUE CONSERVATION USE WATER WISELY 1 LEI ATTACHMENT "A" 1. Page 6, fifth paragraph. After the sentence "Current water supplies are limited." Add the following: "A portion of the project is within the service area or Improvement District No. 1. Landscape irrigation will utilize Colorado River Water (canal water) in order to conserve groundwater supplies. Dedication of areas for groundwater recharge ponds may be required as determined by the Coachella Valley Water District. 2. Page 20, under WATER SYSTEM. Please describe the procedures used for the determination that $1,585,000 will be required for the Main Line Distribution Center. Under SEWER SYSTEM. The procedures used for the determination that $1,585,000 is appropriate for the main lines (to lift stations) should be identified. Recognizing that pipe materials for a water system and a sewer system are very different, the determination of identical costs for both of these systems is a surprise. 3. Page 33, first paragraph. A 100-year storm is contained within the storm channel. Watershed discharging into the Whitewater is located both on Mt. San Jacinto and San Gorgonio. 4. Page 77, under Existing Conditions. The interim facility located west of Adams Street and north of Avenue 52 no longer exits. Treatment is provided at a Water Reclamation Plant 4 (WRP4), located at Fillmore Street and Avenue 63. 5. Page 78, last sentence. A planned regional treatment facility (WRP4) has been constructed. 6. Page 85, fourth paragraph. The 100-year storm is contained within the Whitewater River. Portions of La Quinta may be flooded in the event of a 500-year storm. Fifth Paragraph. Off -site regional flood control systems have been completed. 7. Page 86, last paragraph. Flood control facilities are constructed and provide protection. , 8. Page 89. Identify the dotted (shaded) area as Zone B. 9. Page 91, first paragraph. Off -site control facilities are completed. Third paragraph. The Heritage Country Club storm facilities were completed. 10. Page 92, third paragraph. "Buy" should be "by". 11. Page 93, last line, "previous" should be "pervious". 12. Page 101, under Water. Add the following: Dedication of areas for groundwater recharge ponds may be required as determined by the Coachella Valley Water District. (9 RIVERSIDE COUNTY F[RE DEPARTMENT t?v; �'• ; ,�' r `=.' .f- a,,,' ^ RlVERSI Planning & Engineering Office 46-209 Oasis Street, Suite 405 Indio, CA 92201 (619) 342-8886 City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 Attention: Murrel Crump IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTWT AND FIRE PROTECTION r e RAY HEDRARD TIRE CHIEFnc,;cillnMCVTLEPT.��1 Fo�� fMi OF September 28, 1988 Planning & Engineering Office 4080 Lemon Street, Suite 1 I L Riverside, CA 92501 (714) 787-6606 Re: Draft Environmental Impact Report Redevelopment Project Area No. 2, July, 1988 Dear Mr. Crump: With regard to the statements contained:on Page-62 of Section'5.6 of -the -.above referenced document, the Fire Department has the following comments: 1. Riverside County Fire Station No. 32 currently serves a portion of the La Quinta area and is located at 78-136 Avenue 52, about 1/4 mile west of Washington { Street. 2. Additional fire protection to the area is provided from County Fire Stations No. 31, Bermuda Dunes; No. 38, Indio; and No. 55, Indian Wells. 3. Mutual Aid agreements with adjacent jurisdictions would provide back-up fire protection if available when summoned. 4. The County Fire Department completed an informal study of the Project Area needs and presented that information to City staff on July 14, 1988. 5. A separate paramedic study is not being conducted by the Fire Department. 6. Several new fire stations will be added to the County Fire Department's system within the next 1-5 years. A fire station may be located approximately five miles east of Lake' Cahuilla and would probably be a relocation of County Fire Station #38 in Indio. None of the proposed County Fire Stations will be located within the Project Area or provide direct protection to the area. 7. The County Fire Department does not recommend the relocating of the existing fire station from Avenue 52 to the south end of the Cove. 8. A survey was completed within the City of La Quinta in 1987 by Insurance Services Offices, which resulted in a Fire Protection Classification Rating of 116. If a new study is desired, the City should request a survey from ISO. Alk Sincerely, ne., ec&w�_ DENNIS DAWSON Deputy Fire Marshal to 0 W u. n.0 6.u1•q�, Ino n.0 Nye. �. ul. si. �., ro. o Ivlt — Nvtuau ]� VR ulu, amn m maarAO xm aim�amu, Os.aA D...almr Aw 18 80 4 1111 Redevelopment Plan/Redevelopment Project 1. >moR nm� Area No. 2 1 tee , City of La Qulnta 1 m un e a Murrel Crump v .u.a.ev�.�7B-105 Calle Esstado 4. ut1, La Qulnta x. �m Riverside ,d tn, 92253 1.. Am. (619) 564-2246 Riverside mtri��lm La Quinta Ia ..a. • kov b. n/a i.. 0,.u, •a•�t , t. vluM 1 nla� .. b• y w u W •• t- T• 6 re 1. mm¢� •. ml.�o$� •. ✓1�e_]$ N/Aa ' fE! LI. _WILL Iln µbu a. aaa m. Ja111 m`• m. �JOC m. �aatLL 11n ..sd•n[ ,1um W9•w o m. Jml a.e m. -Jm a. �.e.. III m. �n.W W�•uLL� A. R a. X II. m m. �V.•mua M ,&Nq.a .sp1�V m. �iu. Ilw a. tea• W. 4. R m. _,ao.y.e•t a ' V•la iY W m. �Oa.nitl llm —a amlN•m n. x,`e.ua�.t I .... - m. _A..• atulua� Aa uL net a. fie. m. _ae.a•uua. m- a. mil{ 10. yN mmVlry� m. �a• w•LL i I.. _Jm•m li F, tt.at W. wc.l m. Jm'••. Ta wtu U. _Ala p.arrt ll. mat. ITt Iln 10. �Ip .YL W ' N. _Juvl ms_rt D. _avl p I•rm U. �e0.r� 3116 u. �..—�. N/A ll. u. plc Trle D. I pmll a m. lLnalNvawa D. �.r.• quq D. tea.. µµy m. �o<lwwLL I.w m. _ywylarealc D. Xaau✓Cul turalA. Iu.. 71�w al•v PPop cation A. —..alwm x. _Irunu. a. �u�lalmWaalal u_ �W W D. J.I+a w D. _cto.m w•l•y m. _m..al xa ll. eta D. �e.leAa.tau D. �smun• Wa m. �Jes1e n. 2LIau. n. A [fi .ul.ua D. _Or1.U•. RI.R. X�al, n. _1.auua v. X Public Utilities. U. D•mlr lax- ,11•a,uI Land Use, Earth. I u. moQaly®, 1 Tne Proiect is intended to eliminate blighting conditions in the Project Area by providing new or expanded public 1 improvements and facilities. Blighting conditions are also j anticipated to be alleviated by encouraging and assisting in the expansion of existing cPmmercial/dnd industrial uses which will strengthen the economic/.viabi)(Pity/.9f_the, community. CL- RI Gam" CONTACT: ]O4N %EENE �„� 916/445-06113 1 STATE REVIEW BEGAN: DEPT. REVIEW TO AGENCY: AGENCY REVIEW TO SCH: SCH COMPLIANCE: 9_ZLj tRa.,Ircea: 0 /x •••Plea.,& return Chi. tom with any m•mmc.. ® (RerBs,&G 1/87) APm/AQno _RESOURCES • BOATING ° FISH a GAME • FORESTRY ° DEPT WATER RESOURCES s RECLAMATION BD e PARKS d REC / OHP. 0 NATIVE AM HERIT COMM • ENERGY COMM _STATE LANDS COMM AIR RESOURCES 80 SOLID WASTE BG ST WAY RES CONT BD: _ WATER DUAL (Atn FI) WATER RTS (31O FI) • CLN WTR GRANTS (2E • RE GL WOCB % ( ) • CALTRANS /1L _DEPT TRANS PLANNING • ]COIINdii'ifC • HOUSING 8 COM DEV HEALTH SERVICES ° FOOD d AG .,PUB UTILS COMM L5ENERAL SERViCES GCT -MUNNAOMPR B STATE OF CALIFORNIA--OFFICE OF THE GOVERNOR GEORGE DEUKM EIIA N, Go.e.rwr OFFICE OF PLANNING AND RESEARCH IAOO TENTH STREET' St "kMENTO, CA 95814 September 29, 1988 Murrel Crump j 1583 City of La Quinta 78-105 Calle Esstado Laquinta, CA 92253 Subject: Redevelopment Plan/Redevelopment Project Area #2 SCHn 88041111 fear Mr. Crump: the State Clearinghouse has submitted the above named draft Environmental Impact Report (EIR) to selected state agencies for review. The review period is now closed and the comments from the responding agency(ies) is(are) enclosed. Cn the enclosed Notice of Completion form you will note that the Clearinghouse has checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the comment package is not in order, please notify the State Clearinghouse immediately. Remember to refer to the project's eight -digit State Clearinghouse number so that we may respond promptly. Please note that Section 21104 of the California Public Resources Code requires that: "a responsible agency or other public agency shall only make substantive comments regarding those activities involved :in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency." Commenting agencies are also required by this section to support their comments with specific documentation. These comments are forwarded for your use need more information or clarification, we agency(ies). in preparing your final EIR. Should you recommend that you contact the commenting This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact John Keene at 916/445-0613 if you have any questions regarding the environmental review process. Sincerely, David C. t2kamp �._.�Chief Office of Permit Assistance Enclosures cc: Resources Agency State of California Business, Transportation and Housing Agency Memorandum , State Clearinghouse oO1e August 26, 1988 1400 Tenth Street, Room 121 c..ame o, CA 95814 Telephone: ATSS nr ef, ousing Policy Development Wiliam Mury nager, Local Assistance and Review Section From Department of ousmg n Community Development Subject: SCH 488041111 City of La Quinta EIR, Redevelopment Plan, Project Area 2 This EIR contains a copy of our April 19, 1988 letter to the consultant author of the Plan, with a copy to the La Quinta Planning Director who requested our comments prior to the completion of the EIR. La Quinta reports a substantial number of unoccupied dwelling units in the city which should facilitate the relocation of households displaced through redevelopment. The EIR points out that residential displacement will be mitigated "as described in Section Ah 5.1 of this report." 11� Section 5.1 refers specifically only to relocation advisory assistance and payments which will be made to any businesses displaced by the Project. It also states that additional financial assistance could be provided where necessary, subject to the availability of funds for such purposes. This Department believes that this mitigation statement is not adequate with regard to the Project's potential impact on housing. It should specify that relocation advisory assistance and payments will be furnished by the Agency to displaced households as well as businesses. It should also specify that no households will be displaced until suitable housing is made available at a cost affordable to the displaced households. The mitigation of impacts on residents of the project area should not be contingent on the availability of funds. A redevelopment plan should ensure that such funds are available. Article 9 of Community Redevelopment -Law requires redevelopment agencies to develop plans for. the.,relocation of displaced households. It specifies that displacemeq�,of low- and moderate - income households shall not occur unti2j suitable units are available and ready for occupancy by the.`,displacees at an affordable cost to the disp aced households. {Aftf.; re fl Page Two The law permits a redevelopment agency to assist housing outside a project area in order to relocate households and/or provide housing for low- and moderate -income households. Among other things, that assistance can be used to rehabilitate existing housing. Aside from the requirements of Redevelopment Law regarding displacement, any public entity conducting activities which displace persons from their homes, businesses or farms, has responsibilities to provide relocation assistance pursuant to the California Relocation Assistance and Real Property Acquisition Guidelines, California Code of Regulations, Title 25, Chapter 6, Sections 6000-6198. This Department suggests that the Environmental Impact Review document be much more specific with regard to the La Quinta Redevelopment Agency's plan for mitigation of anticipated impacts on project area housing. cc: Murrel Crump, La Quinta Planning Director Lawrence Stevens, Director of Community Development E LI 11 tuteof California Business, Transportation and Housing Agency Memorandum STATE CLEARINGHOUSE 9 ATTENTION John Keene District 11 From . DEPARTMENT OF TRANSPORTATION Date September 26, 1988 He No.11-RIV-111 (La Quinta) Subject: Redevelopment Project Area No. 2, SCH 88041131 Caltrans District 11 comments on the DEIR are as follows: 1. Page 21-A funding mechanism should be established for the listed improvements to State Route Ill. Those improvements should include the widening of State 1.11 from 4 lanes to 6 lanes. 2. Off -site mitigations for the cumulative traffic impacts of project implementation should be provided. Specifically, pro rata funding for the widening of the Washington Street overcrossing of Interstate 10 should be coordinated with the i County of Riverside. Our contact person for State 111 and Interstate 10 .is Tom Westbrock, District Project Management Engineer, (619)237-6708. S T. CHESHIRE., Chief Environmental Planning Branch MO:yg State of California Memorandum Date 1988 1� SEP Z 6 1. Gordon F. Snow Ph D Assistant Secretary for Resources 2. City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 Attention: Murrel Crump From . Department of Water Resources Los Angeles, CA 90055 Subject: DEIR for Redevelopment Project Area No. 2, SCH# 88041111. The Resources Agency Your subject document has been reviewed by our Department of Water Resources staff. Recommendations, as they relate to water conservation and flood damage prevention, are attached. After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses that require high quality water. For further information, you may wish to contact John Pariewski at (213) 620-3951• i Thank you/ for the opportunity to review and comment on this report. Charles R. White, Chief Planning Branch Soutkfern District Attachments DEPARTMENT OF WATER RESOURCES RECOMMENDATIONS ' qP FOR WATER CONSERVATION AND WATER RECLAMATION To reduce water demand, implement the water conservation measures described here. Required The following State laws require water -efficient plumbing fixtures in structures: o Health and Safety Code Section 17921.3 requires low -flush toilets and urinals in virtually all buildings as follows: "After January 1, 1983, all new buildings constructed in this state shall use water closets and associated flushometer valves, if any, which are water -conservation water closets as defined by American National Standards Institute Standard A112.19.2, and urinals and associated flushometer valves, if any, that use less than an average of 1-112 gallons per flush. Blowout water closets and associated flushometer valves are exempt from the requirements of this section." o Title 20, California Administrative Code Section 1604(f) (A22liance Efficiency Standards) establishes efficiency standards that give the maximum flow rate of all new showerheads, lavatory faucets, and sink faucets, as specified in the standard approved by the American National mr Standards Institute on November 16, 1979, and known as ANSI A112.18.IM-1979• o Title 20, California Administrative Code Section 1606(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations. No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards. o 'Title 24 of the California Administrative Code Section 2-5307(b) (California Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. o Title 24, California Administrative Code Sections 2-5352(i) and (i) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures. These requirements apply to steam and steam -condensate return piping and recirculating hot water piping in attics, garages, crawl spaces, or unheated spaces other than between floors or in interior walls. Insulation of water -heating systems is also required. t_ 0 FLOOD DAMAGE PREVENTION 40 In flood -prone areas, flood damage prevention measures required to protect a proposed development should be based on the following guidelines: 1. It is the State's policy to conserve water; any potential loss to ground water should be mitigated. 2. All building structures should be protected against a 100-year flood. 3. In those areas not covered by a Flood Insurance Rate Map or Flood Boundary and Floodway Map, issued by the Federal Emergency Management Agency, the 100-year flood elevation and boundary should be shown in the Environmental Impact Report. 4. At least one route of ingress and egress to the development should be available during a 100-year flood. 5. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially for hillside developments. 6. Revegetation of disturbed or newly constructed slopes should be done as soon as possible (utilizing native or low -water -using plant material). 7.. The potential damage to the proposed development by mudflow should be assessed and mitigated as required. 8. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. t o Health and Safety Code Section 4041 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. Included is the requirement that, in most instances, the installation of the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water. o Government Code Section 7800 specifies that lavatories in all public facilities constructed after January 1, 1985, be equipped with self -closing faucets that limit flow of hot water. To be Implemented whore applicable Interior: 1. Supply line pressure: Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure -reducing valve. 2. Drinking fountains: Drinking fountains be equipped with self -closing valves. 3. Hotel rooms: Conservation reminders be posted in rooms and restrooms." Thermostatically controlled mixing valve be installed for bath/shower. t 4. Laundry facilities: Water -conserving models of washers be used. 5• Restaurants: Water -conserving models of dishwashers be used or spray emitters that have been retrofitted for reduced flow. Drinking water be served upon request only.* 6. Ultra -low -flush toilets: 1-1/2-gallon per flush toilets be installed in all new construction. Exterior:* I. Landscape with low water -using plants wherever feasible. 2. Minimize use of lawn.by limiting it to lawn -dependent uses, such as playing fields. When lawn is used, require warm season grasses. 3• Group plants of .similar water use to reduce overirrigation of low -water -using plants. 4. Provide information to occupants regarding benefits of low -water -using landscaping and sources of additional assistance. -The Department of Water Resources or local water district may aid in developing these materials or providing other information. (0 LJ 5. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water -holding capacity of the soil by reducing evaporation and soil compaction. 6. Preserve and protect existing trees and shrubs. Established plants are often adapted to low -water -using conditions and their use saves water needed to establish replacement vegetation. 7. Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 8. Use pervious paving material whenever feasible to reduce surface water runoff and to aid in ground water recharge. 9. Grade slopes so that runoff of surface water is minimized. 10. Investigate the feasibility of using reclaimed waste water, stored rainwater, or grey water for irrigation. 11. Encourage cluster development, which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in ground water recharge. 12. Preserve existing natural drainage areas and encourage the incorporation of natural drainage systems in new developments. This aids ground water recharge. 13. To aid in ground water recharge, preserve flood plains and aquifer recharge areas as open space. 11 APPENDIX G REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 111 E PROPOSED REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Prepared for: La Quinta Redevelopment Agency P. O. Box 1504 78-105 Calle Estado La Quinta, CA 92253 619/564-2246 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 July, 1988 TABLE OF CONTENTS SECTION I. (100) INTRODUCTION I SECTION If. (200) GENERAL DEFINITIONS 1 SECTION Ill. (300) PROJECT AREA BOUNDARIES 2 SECTION IV. (400) REDEVELOPMENT PLAN OBJECTIVES .................2 SECTION V. (500) REDEVELOPMENT ACTIONS 4 A. General B. Property Acquisition ............................. 4 C. Participation by Owners and Tenants . . . . . 4 D. ............................................................. ................................. .......................... Certificates of Conformance 5 E. Cooperation with Public Bodies 6 F. Property Management .................... 6 G. Payments to Taxing Agencies to"Alleviate - - - - ............................................... ....... 6 H. Financial Burden Relocation of Persons Displaced by a 6 Redevelopment Project ............................. 7 I. Demolition, Clearance, Public improvements, J. and Site Preparation Rehabilitation and Moving Of Structures by the 8 K. Agency........................................................9 Property Disposition and Development L. .............. ............. ............ I ................. Provisions for Low and Moderate Income ... H.-ousing ...................................... 10 12 SECTION V1. (600) USES PERMITTED IN THE PROJECT AREA........ 15 A. Map and Uses Permitted B. Urban Land Use 15 C. Public Uses .................................................... ....................... ..... 15 D. Conforming Uses/Properties; . . ....................................................................... 15 Certificates of Conformance ....................................... ................................... E. ... Nonconforming Uses . ................... 16 F. Interim Uses 16 ............................................I............ . 16 G. General Controls and Limitations ................................................................. 16 H. Design for Development ............................................................................... 19 I. Building Permits 19 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ....... 20 A. General Description of the Proposed Financing Methods ......................20 CB. Tax Increments...............................................................................20 . Agency Bonds........................................................................ 22 D. Other Loans and Grants...............................................................................22 E. Rehabilitation Loans, Grants and Rebates....................................................22 SECTION VI11. (800) SECTION IX. (900) SECTION X. (1000) SECTION XI. (1100) ACTIONS BY THE CITY..........................................23 ADMINISTRATION AND ENFORCEMENT ............ 23 DURATION OF THIS PLAN.....................................23 PROCEDURE FOR AMENDMENT .........................24 11 PROPOSED ( ® REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 SECTION I. (100) INTRODUCTION This is the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 located in the City of La Quinta, County of Riverside, State of California. This Plan consists of the text (sections 100 through 1100), the Redevelopment Plan Map (Exhibit A), the legal description of the Project Area Boundaries (Exhibit B) and a listing of the proposed public agency redevelopment projects (Exhibit C). This Redevelopment Plan has been prepared by the La Quinta Redevelopment Agency pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000, et. M.), the California Constitution and all applicable laws and ordinances. It provides the Agency with powers, duties and obligations to implement and further the program generally formulated for the redevelopment, rehabilitation and revitalization of Project Area No. 2. This Plan 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 Redevelopment Plan is based upon the Preliminary Plan formulated and adopted by the La Quinta Planning Commission on March 22, 1988: and by the La Quinta Redevelopment Agency on April 5, 1988. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Redevelopment Plan unless otherwise specified herein: A. "Agency" means the La Quinta Redevelopment Agency. B. "Agency Board' means the governing body of the La Quinta Redevelopment Agency. C. "City" means the City of La Quinta, California. D. "City Council' means the City Council of the City of La Quinta, California. E. "County" means the County of Riverside, California. F. "Disposition and Development Agreement' means the contractual agreement between the owner participant and/or developer that sets forth terms and conditions for redevelopment. G. "Map" means the Redevelopment Plan Map, attached hereto as Exhibit A. is H. "Person" means an individual(s), or any public or private entities. \I QUIWA\PDPUN\SECT1s I. 'Plan" means the Redevelopment Plan for the La Quinta Redevelopment Project Area No.2. J. 'Planning Commission" means the Planning Commission of the City of La Quinta, California. K. 'Project Area" means the territory this Plan applies to as shown on Exhibit A. L. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Sections 33000 et. sec.) as it now exists or is hereafter amended. M. "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 OBJECTIVES Implementation of this Plan is intended to achieve the following objectives: o To remedy, remove, and prevent physical blight and economic obsolescence in the Project Area through implementation of the Plan. o To expand the commercial base of the community. o To encourage the cooperation and participation of residents, business, business persons, public agencies and community organizations in the redevelopment/revitalization of the Project Area. o To upgrade the general aesthetics of the commercial enterprises to improve their economic viability. o To provide for the expansion, renovation and relocation of businesses within the Project Area to enhance their economic viability. o To improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. o To recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. o To address inadequate street improvements and roads that vary in width and degree of improvement as they cross the Project Area. \L QUIWA\RCPL \SEC-ri 4 2 o To alleviate inadequate drainage improvements that constrain the development of ® various parcels in the Project Area, the cost of which cannot be borne by private enterprise acting alone. U Ell o To address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. o To remedy depreciating property values and impaired investments. o To provide opportunities and mechanisms to increase sales tax, business license tax and other revenues to the City. \L QUINTA\RDP N\=1-4 3 SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the spread of blighting influences, and to strengthen the economic base of the Project Area, and the community through: 1. The installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements. 2. The rehabilitation, remodeling, demolition or removal of buildings, structures and improvements. 3. The rehabilitation, development or construction of affordable housing in compliance with State law. 4. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to occupants desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. Managing of any property acquired by the Agency. 8. Assisting in providing financing for the construction of residential, commercial and industrial buildings to increase the residential, commercial and industrial base of the City and surrounding area, and the number of temporary and permanent jobs in the City and surrounding area. To accomplish these actions and to implement this Plan, the Agency is authorized to use all the powers provided in this Plan and all powers now or hereafter permitted by law. B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law including eminent domain. The Agency may acquire structures without acquiring the land upon which those structures are located. The Agency may acquire any interest in real property. The Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present \LAIXIINTA\RDPLAN\SECT-5 4 form and use without the consent of the owner, unless, (1) such building Ah i requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification is size, shape or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. 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 ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. 2. (504) Acquisition of Personal Property Where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. C. (505) Participation by Owners and Tenants 1. (506) Owner and Tenant Participation The Agency shall promulgate rules for owner and tenant participation which may be amended from time to time. The Agency shall consider reasonable preference to persons who are owners or tenants in the Project ® Area to continue in or re-enter the redeveloped area if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry; such rules allow for "Owner Participation Agreements" with the Agency. The Agency desires participation in redevelopment by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities; elimination and changing of land uses; realignment of streets; the -ability of the Agency and/or owners to finance acquisition and development in accordance with this. Plan; and any reduction in the total number of individual parcels in the Project Area. 2. (507) Participation Agreements Under a participation agreement the participant shall agree to rehabilitate, develop, or use the property in conformance with the Plan and be subject to the provisions hereof. In the 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 a participation agreement, the Agency shall declare the agreement terminated and may acquire the real property or any interest therein. ® 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 MQUINTA\RQPIAN\SECT-5 5 to E. F G redevelopment can best be accomplished without affording an owner or tenant an opportunity to execute a participation agreement, the Agency shall not be required to execute such an agreement with that owner or tenant. (508) Certificates of Conformance The Agency is authorized to make determinations of those properties which conform to this Plan. If such a determination is made by the Agency, the Agency may issue a Certificate of Conformance to qualifying properties and such property will not be subject to acquisition by eminent domain under this Plan so long as the property continues to conform to this Plan and to such further terms and conditions as the Agency may require, by conditioning the issuance of a Certificate of Conformance as necessary or appropriate to carry out this Plan. (509) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate with or without consideration, in the planning and implementation activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate Plan implementation activities with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without consent of such public bodies. The Agency, however, 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 Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and otherwise) assist to public entity in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) which land, buildings, facilities, structures, or other improvements are of benefit to the Project. (510) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its final disposition for redevelopment. (511) Payments to Taxing Agencies to Alleviate Financial Burden As provided for in Health and Safety Code Section 33401, the Agency may pay an amount of money in lieu of taxes in any year during which it owns property in the Project Area. Such payment shall be made directly to the City, County or special ®; district, including, but not limited to, a school district, or other public corporation \LACUIWA\ROPL \SECT-5 6 for whose benefit a tax would have been levied upon such property had it not j ® been exempt. The Agency may also pay to any taxing agency with territory located within a project area other than the community which has adopted the project, any amounts of money which the Agency has found are necessary and appropriate to alleviate any financial burden or detriment caused to any taxing agency by a redevelopment project. The payments to a taxing agency 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, except that a greater payment may be established by agreement between the Agency and one or more taxing agencies, except a school district, if the other taxing agencies agree to defer payments of 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 be approved by a resolution, adopted by the Agency, which shall contain findings, supported by substantial evidence, that the redevelopment project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. The requirement that the Agency may make payments to a taxing entity only to alleviate a financial burden or detriment, as defined in Section 33012 of the Redevelopment Law, and only after approval by a resolution which contains specified findings, shall apply only to payments made by the Agency pursuant to an agreement between the Agency and a taxing entity which is executed by the t ® Agency on or after the effective date of amendments to Section 33401 of the Redevelopment Law enacted by the Statutes of 1984. A proportionate share of any amount of money paid by the Agency to any city and county pursuant to this subdivision shall be disbursed by the city and county to any school district with territory located within a redevelopment project area in the city and county. 'Proportionate share", as used in this section, means the ratio of the school district tax rate, which is included in the total tax rate of the city and county. H. (512) Relocation of Persons Displaced by a Redevelopment Project (513) Relocation Program In accordance with the provisions of the California Relocation Assistance Act (Government Code Section 7260 et. sea.) the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Relocations Rules, procedures and guidelines 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. Such relocation assistance shall be provided in the manner required by the Relocation Guidelines. 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 \WQUINTA\FDPIAN\SECT-5 7 shall make a reasonable effort to relocate displaced individuals, families, and commercial and industrial establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. 2. (514) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Relocation Guidelines, Relocation Assistance Act, and the Redevelopment Law. (515) Demolition. Clearance, Public Improvements, and Site Preparation (516) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or with the approval of the owner thereof, to demolish, clear or move buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. 2. (517) Public Improvements 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. A list of proposed public agency redevelopment projects is set forth in Exhibit C. The Agency, with the prior 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, or other improvements which is publicly owned either within or outside the Project Area upon a determination by resolution of the Agency Board and the City Council: (1) that such buildings, facilities, structures and other improvements are of benefit to the Project Area or the immediate neighborhood in which the Project Area is located; (2) that no other reasonable means of financing such buildings, facilities, structures or other improvements are available to the City. When the value of such land or the cost of the installation and construction of such building, facility or other improvement, or both, has been, or will be, paid or provided for initially by the community 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 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. \L QUINTA\PDPIAN\SECT-5 8 ® 3. (518) Preparation of Building Sites 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, undertake or make provisions with other agencies for the installation, or construction of parking facilities, streets, utilities, parks, playgrounds and other public improvements necessary for carrying out the Plan in the Project Area. (519) Rehabilitation and Moving of Structures by the Agency (520) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to add to 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 following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plan. b. Rehabilitation and conservation activities on a structure must be carried out 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 and the City. C. The expansion of public improvements, facilities and utilities. d. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. The Agency shall not assist in the rehabilitation or conservation of properties which, in its opinion, are not economically and/or structurally Wr feasible. \LAQUINTA\POPt \SECT-5 9 2. (521) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved any standard structure or building which can be rehabilitated to a location within or outside the Project Area owned by the Agency. K. (522) Property Disposition and Development (523) Real Property Disposition and Development a. (524) 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. Before any interest in real property of the Agency acquired in whole or in part, directly or indirectly with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council and Agency Board after public hearing. Except as 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, unless the Agency determines that such lesser consideration is necessary to effectuate the purposes of the Plan. 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 redevelopment 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 amount less than fair market value. All purchasers or lessees of property shall be obligated to use the property for the purposes designated in this Plan, to begin and complete redevelopment 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 development in the Project Area, the Agency shall insure 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. \LAOUIWA\PDPIAN\SEC -5 10 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; and must receive the approval of all other appropriate public agencies. b. (525) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning 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. ® The Agency shall reserve such powers and controls in Disposition and Development agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that redevelopment is carried out pursuant to this Plan. All property in the Project Area is hereby subject to the restriction that there shall be no 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 nonsegregation clauses as are required bylaw. . C. (526) Development of Publicly Owned Improvements To the extent now or hereafter permitted by law, the Agency, with the consent of the City Council, is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or outside the Project Area for itself or for any public body or entity to the extent that such improvement would be of benefit to the Project Area. AOL The Agency is authorized to financially (and otherwise) assist any Mr public entity in the cost of public land, buildings, facilities, structures \=UINTA\RDPL \=E 11 or other improvements (within or outside the Project Area) to the extent permitted by law. 2. (527) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. L. (528) Provision for Low and Moderate Income Housino (529) Definition of Terms The terms "affordable rent," 'replacement dwelling unit," "persons and families of low or moderate income" 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. (530) Authority Generally The Agency may, inside or outside the Project Area, acquire land, donate land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. 3. (531) Replacement Housing Whenever dwelling units housing persons and families of low or moderate income, as defined by the Redevelopment Law, are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the City in accordance with all of the provisions of Section 33413 and 33413.5 of the Redevelopment Law, and as otherwise required by law. 4. (532) New or Rehabilitated Dwelling Units Developed Within the Project Area Pursuant to Section 33413 of the Redevelopment Law at least thirty percent (30%) of all new or rehabilitated dwelling units developed within the Project Area by the Agency shall be available at affordable housing costs for persons and families of low and moderate income; of such thirty percent (30%), not less than fifty percent (50%) thereof shall be available to and occupied by very low income households. At least fifteen percent (15%) off all new or rehabilitated units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing costs for persons and families of low and moderate income; and of such fifteen percent (150/6), not less than forty percent (40%) thereof shall be available for very low income households. The percentage requirements set forth in this Section shall apply independently of the requirements of Section 531 and in the aggregate to ®. the supply of housing to be made available pursuant to this Section and \LAQUINTA\RDPLAN\SECTS 12 not to each individual case of rehabilitation, development or construction of ® dwelling units. 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 and moderate income displaced by a redevelopment 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. (533) Duration of Dwelling Unit Availability The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 531 and 532 of this Plan shall remain for persons and families of low and moderate income and very low income households, respectively, for not less than the period set forth in Section 609 of this Plan in relation to residential uses. 6. (534) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a redevelopment project, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing i units within the City, both inside and outside the Project Area. 7. (535) Increased and Improved Supply Pursuant to Section 33334.2 of the Redevelopment Law, not less than 20 percent of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2) of this Plan shall be used by the Agency for the purposes of increasing and improving the City's supply of low and moderate income housing available at affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the Health & Safety Code, and very low income households, as defined in Section 50105 of the Health & Safety Code, unless one or more of the following findings are made annually by resolution: (1) that no need exists in the City to improve or increase the supply of low and moderate income housing in a manner which would benefit the Project Area and that this finding is consistent with the housing element of the City's General Plan; or (2) that some stated percentage less than 20 percent of the taxes which are allocated to the Agency pursuant to Section 702(3) of this Plan is sufficient to meet such housing need of the community and that this finding is consistent with the housing element of the City's General Plan; or (3) that a substantial effort to meet low and moderate income housing needs in the City is being made and that this effort, including the obligation of funds currently available for the benefit of the City from the state, local, and federal sources for low and moderate income housing alone or in combination with the taxes allocated under Section 33334.2 of the Redevelopment Law, is equivalent in impact to the funds otherwise required to be set aside pursuant to said Section. \LAQUINTA\R1)PIAN\SECT-5 13 In carrying out the purposes of Section 33334.2 of the Redevelopment Law, the Agency may exercise any or all of its powers including, but not limited to, the following: Acquire land or building sites; 2. Improve land or building sites with on -site or off -site improvements; 3. Donate land to private or public persons or entities; 4. Construct buildings or structures; 5. Acquire buildings or structures; 6. Rehabilitate buildings or structures; 7. Provide subsidies to or for the benefit of persons or families of very low, low or moderate income; and 8. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 531 above. These funds may be used inside or outside the Project Area provided, however, that funds may be used outside the Project Area only if findings of benefit to the Project Area are made, as required by Section 33334.2 of the Redevelopment Law. The funds for this purpose shall be held in a separate low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. 11 \LAOUINTA\RDPLAN\SECT-5 14 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA A. (601) Mao and Uses Permitted 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 City of La Quinta General Plan. Land uses set forth in this Plan shall be those permitted by the City of La Quinta General Plan may be revised from time to time upon approval by Resolution of the governing board of the Agency, provided, however, that all such uses shall be consistent with the City of La Quinta General Plan. B. (602) Major Land Uses Major land uses in the Project Area include: Residential, Commercial, and Public. The areas shown on the map may be used for any of the various levels of uses specified for or permitted within such areas of the General Plans and local codes and ordinances. C. (603) Public Uses 1. (604) Public Street Layout Rights -of -Way and Easements ® The public street system for the Project Area is illustrated on the Map. 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 Fred Waring Avenue, Miles Avenue, Highway 111, Westward Ho Drive, Avenue 48, Avenue 50, Washington Street Adams Street, Dune Palms Road, and Jefferson Street. The Project Area also includes many local collector streets. 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 public streets, alleys and 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 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. 2. (605) Other Public Quasi -Public and Open Space Uses Both within and where appropriate outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, quasi -public, institutional, or non profit uses, including schools, community center, auditorium and civic center facilities, criminal justice facilities, park and ® recreational facilities, parking facilities, transit facilities, libraries, hospitals, and educational, fraternal, philanthropic and charitable institutions or other \t QUINTA\ROPL \SECT&7 15 M E. 119 G 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. (606) Conforming Properties The Agency may, at 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 a participation agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. A certificate of conformance to this effect may be used by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or 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. (607) Nonconforming Uses 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 authorize additions, alterations, repairs or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, and in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and development. (608) Interim Uses Pending the ultimate development of land Agency is authorized to use or permit the us interim uses not in conformity with the uses use shall conform to all applicable City codes. (609) General Controls and Limitations by developers and participants, the e of any land in the Project Area for permitted in this Plan. Such interim 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 the Plan except in conformance with the provisions of this Plan. The land use controls of this Plan shall apply for a period of forty (40) years for uses other than residential uses. For residential uses, the land use controls of this Plan shall apply for a period of twenty (20) years with respect to all of the Project Area. The type, size, height, number and use of buildings within the Project Area will be controlled by applicable City planning and zoning ordinances consistent with the General Plan, and as provided in Section 601 of this Plan. D \IACUINTA\RORAN\SECT&7 16 ® 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 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 redevelopment activities in the Project Area. 2. (611) Rehabilitation Any existing structures 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 Buildings and Dwelling Units The total number of buildings in the Project Area shall be regulated by the City General Plan. The Project Area currently includes approximately 608 dwelling units. 4. (613) Open Spaces and Landscaping 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 the City of of La Quinta General Plan, and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with City standards. 5. (614) Limitations on Type Size and Height of Buildirs Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by the applicable federal, state and local statutes, ordinances and regulations. 6. (615) Si ns All signs shall conform to City requirements. Design of all proposed new signs shall be submitted prior to installation to the Agency and/or City for review and approval pursuant to the procedures 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. \LACUINTA\RCPIAN\SECT 7 17 0 91 10. 11 (617) Incompatible Uses Except as permitted by the City, no use or structure which is by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. (618) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation sex, marital status, religion, national origin, or sale, lease, sublease, transfer use, occupancy, property in the Project Area. (619) Subdivision of Parcels based upon race, color, ancestry permitted in the tenure, or enjoyment of 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 appropriate City body, and, if necessary for purposes of this Plan, the Agency. (620) Minor Variations 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 that: a. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the Plan. b. There are exceptional circumstances or conditions applicable to the 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 the 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 the Plan. Any such variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. rlf` ILI E \I QUTWA\ROPL \SECT&] 18 ® H. (621) Design for Development Within the limits, restrictions, and controls established in the 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, traffic access, and other development and design controls necessary for proper 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 and architectural, landscape and site plans submitted to and approved in writing by the Agency. Additionally, in the case of property which is the subject of a Disposition and Development or 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. (622) Building Permits Any building permit that is issued for the 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. 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. \I QUIMA\RDPL \SECTS-) 19 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT (� A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance this Plan with assistance from local sources, the State of California and/or the Federal Government, property tax increments, 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, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increments or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment 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 assistances shall be at terms established by an agreement between the Agency, City and/or other public agency. As available, gas tax funds from the State of California and the County of Riverside may be used for the street system. The Agency may issue bonds and expend their proceeds to carry out the Plan. The Agency is authorized to issue bonds if 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 of the Agency as it becomes due and payable. The Agency is authorized to obtain advances, borrow funds and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. B. (702) Tax Increments All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State of California, County of Riverside, City of La Quinta, and district or other public corporation (hereinafter called "taxing agencies") after the effective date of the ordinance of the City approving this Plan, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the 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 such ordinance but to which such territory has been annexed or otherwise included after such \tACU1WA\RDPIAN\SECT67 20 effective date, the assessment roll of the County of Riverside last equalized • on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date); and 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 bonds, loans, moneys advanced to, or indebtedness (whether funded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, 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 properly in the Project Area shall be paid to the respective agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project Areas shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. 3. That portion of tax revenues allocated to the Agency pursuant to paragraph (2) above which are attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency which levy occurs after the tax year in which the ordinance adopting this Plan becomes effective shall be allocated to such affected taxing agency to the extent that the affected taxing agency has elected in the manner required by law to receive such allocation. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Plan. 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 shall not exceed $400 million dollars, except by amendment of this Plan. Such limitation is exclusive of: Any payments to taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan; 2. Any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Housing Fund as a result of such payments to taxing agencies. No loan, advance of indebtedness to be repaid from such allocation of taxes established or incurred by the Agency to finance in whole or in part the Plan shall be established or incurred after thirty (30) years following the date of adoption of the ordinance approving and adopting this Plan. Such loan, advance or \IACUINTA\:DPIAN\SECT&➢ 21 indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only be amendment of this Plan. C. (703) Agency Bonds The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementations activities . Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, 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 funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed $100 million adjusted annually in accordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, without an amendment of this Plan. Such limitation is exclusive of (1) any payments to the taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan and (2) any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Income Housing Fund as a result of such payments to taxing agencies. D. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the Federal Government, the State of California, 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. E. (705) Rehabilitation Loans. Grants. and Rebates The Agency and the City may commit funds from any source to programs of residential and commercial rehabilitation 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 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. 11 \IAOUINTA\RDP \SECTS 7 22 SECTION Vlll. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the reoccurrence of spread in the area of conditions causing blight. Actions by the City may include, but shall not be limited to, the following: 1. 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 considered to require the cost of such abandonment, removal, and relocation be borne by others than those legally required to bear such costs. 2. Institutions and completion of proceedings necessary for changes and improvements in publicly -owned 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 carried 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 their proper development and use. ® 5. Provisions for administration/enforcement of this Plan by the City after 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 the Plan. 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 or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions, or 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, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for 40 years from the effective date of adoption of this Plan by the City Council; provided, however, that the \L QUIWA\RDPLAN\SECT&10 23 Agency may issue bonds and incur obligations pursuant to this Plan which extends beyond the termination date, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations, as determined by the City Council. 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. 11 I \LAQUWA\RDPLAN\Se�10 24 II I .0 I 1 _ ' rain � LT•I-C_ f � 11-% 1 .-e 1�1,IIT tC_:il .. v[ry ` O'O\ I .• � .1 �. '/ / 'IY r To l- •. .'.i^r-- = t o1r.NnL� �i.� O[zTA/L•.q �1 4 Kai 1 nuaI AIL ^ PPOJECT aPEa CONr11N5 09 5.116 RCaE 5• n 4� 1 uOaE_. 1 a no raw[<r .au. scunour C ----C.TT aalnwar r ' Ex15G Pa OJECTAKA NO.1 L.J OCKINO.aY CITY OF LA QUlr*JTA REDEVELOPMENT PROJECT AREA NO. 2 JUNE. 1988 EXHIBIT A EXHIBIT B LA QUINTA ® REDEVELOPMENT PROJECT AREA 2 THE BOUNDARY OF THE REDEVELOPMENT PROJECT AREA 2 IS ILLUSTRATED ON THE MAP ATTACHED HERETO. THE LEGAL DESCRIPTION OF THE BOUNDARY OF SAID AREA IS DESCRIBED AS FOLLOWS; ALL THAT AREA IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF SECTIONS 19,20,28,29,30,31 AND 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST AND OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32, SAID POINT BEING AT THE INTERSECTION OF THE CENTERLINE OF JEFFERSON STREET AND THE CENTERLINE OF AVENUE 50 AS SHOWN ON PARCEL MAP NO. 20469, PARCEL MAP BOOK 140, PAGES 95 THROUGH 100 INCLUSIVE, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN. BERNAR- DINO BASE AND MERIDIAN AND THE POINT OF BEGINNING OF LA QUINTA REDEVELOPMENT PROJECT OF THE LA QUINTA REDEVELOPMENT' AGENCY, SAID CITY OF LA QUINTA; 1. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 32 AND SAID CENTERLINE ® 2. 0F AVENUE THENCE, N8951'5 05 W,22620.300, N89 51FEETWT026THE4SOUTHEAST OF SAID SECTION 31; CORNER 3. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 31 AND CONTINU- ING ALONG SAID CENTERLINE OF AVENUE 50, N89 58'39"W, 2656.69 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 31 AS SHOWN ON TRACT NO. 3448, MAP BOOK 58, PAGES 20 AND 21, RECORDS OF SAID COUNTY; 4. THENCE, CONTINUING ALONG SAID SOUTH LINE OF SECTION 31 AND SAID CENTERLINE OF AVENUE 50, S89 59'54"W, 25.00 FEET TO THE CENTERLINE 5. OF WASHINGTON STREET; THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 00'06"W, 1293.71 FEET TO THE BEGINNING OF' A CURVE CONCAVE 6. WESTERLY AND HAVING A RADIUS OF 2000.00 FEET;; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 28'00" 7. AN ARC DISTANCE. OF 470.08 FEET; THENCE, N13 28'06"W, 92.1R FEET TO THE BEGINNING OF A CURVE. CONCAVE EASTERLY AND HAVING A RADIUS OF 1989.00 8. FEET; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 9. 40'00" AN'ARC DISTANCE OF 648.01 FEET; THENCE, N05 11'54"E, 109.08 FEET TC AN ANGLE POINT IN SAID CENTERLINE OF WASHINGTON STREET AS SHOWN 10. ON TRACT NO. 3455, MAP BOOK 58, PAGES 30 AND 31, RECORDS OF SAID COUNTY; THENCE, CONTINUING ALONG SAID CENTERLINE OF WASHINGTON STREET, N06 11'54"E, 715.99 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 4500.00 FEET; 11. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 25'00" AN ARC DISTANCE OF 503.96 FEET TO A POINT ON A LINE PARALLEL WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF THE WEST LINE OF THE NORTHEAST ONE —QUARTER OF SAID SECTION 31 AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469; 12. THENCE, ALONG SAID PARALLEL LINE AND ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 13'06"W, 1469.67 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 31 AND THE CENTERLINE OF 48TH STREET AS SHOWN ON PARCEL MAP NO. 13975, PARCEL MAP BOOK 66, PAGES 26 AND 27, RECORDS OF SAID COUNTY; 13. THENCE, ALONG SAID NORTH LINE OF SECTION 31 AND SAID CENTERLINE OF 48TH STREET, S89 24'12"W, 2692.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION 31' 14. THENCE, ALONG THE WEST LINE OF SAID SECTION 31, SOO 51'09"E, 188.70 FEET TO THE SOUTHEAST CORNER OF ABOVE SAID SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST AS SHOWN ON TRACT NO. 3249, MAP BOOK 56, PAGES 35 AND 36, RECORDS OF SAID COUNTY; 15. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 25,N89 29'43"W, 2646.64 FEET TO THE SOUTH ONE —QUARTER CORNER OF SAID SECTION 25 AND A POINT ON THE WESTERLY BOUNDARY OF SAID CITY OF LA QUINTA; THENCE, ALONG SAID WESTERLY BOUNDARY, N54 43'28"E, 4907.92 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE—HALF OF THE. NORTHWEST ONE —QUARTER OF ABOVE SAID SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST AS SHOWN ON TRACT NO. 2117, MAP BOOK 40, PAGES 81,82 AND 83, RECORDS OF SAID COUNTY; 17. THENCE, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE —QUARTER OF SECTION 30, N89 30'45"E, 1333.82 FEET TO THE CENTER OF SAID SECTION 30 AND THE CENTERLINE OF ABOVE SAID WASHINGTON STREET; 18. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE—OUARTF.R OF SECTION 30 AND SAID CENTERLINE OF WASHINGTON STREET, N00 21.15':Fa, 2652.98 FEET TO THE NORTH ONE —QUARTER CORNER OF SAID `SECTION 30 AND THE SOUTH ONE —QUARTER CORNER OF ABOVE SAID SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 25, PAGE 89 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; k,cf. THENCE, ALONG THE WEST LINE OF THE SOUTHWEST ONE —QUARTER OF SAID SECTION 19 AND ALONG THE CENTERLINE OF WASHINGTON STREET, NOO 19'30"W, 199.55 FEET TO A POINT ON THE CENTER— LINE OF STATE HIGHWAY 111, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL OF SAID CARVE TO SAID POINT BEARS N34 10'57"E; Al THENCE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 47'06" AN ARC DISTANCE OF 1168.72 FEET; THENCE, N82 36'09"W, 364.57 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID CITY OF LA QUINTA; 22. THENCE, ALONG SAID WESTERLY BOUNDARY N26 11'00"F., 295.03 FEET TOP THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET; 23. THENCE, NORTHF.ASTEFLI ALONG SAID CURVE THROUGH A CENTRAL 2 J 11 ANGLE OF 62 44'26" AN ARC DISTANCE OF 328.51 FEET TO THE ® SOUTHERLY LINE OF THE COACHELLA VALLEY STORMWATER CHANNEL; 24. THENCE, ALONG SAID SOUTHERLY LINE AND CONTINUING ALONG SAID WESTERLY BOUNDARY, N88 55'26"E, 261.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2000.00 FEET; 25. THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 00'42" AN ARC DISTANCE OF 803.26 FEET TO THE CENTER- LINE OF ABOVE SAID WASHINGTON STREET AND A POINT ON THE BOUNDARY OF. SAID CITY OF LA QUINTA AS DESCRIBED IN ANNEXA- TION NO. 1 TO SAID CITY; THE FOLLOWING COURSES 26 THROUGH 60 INCLUSIVE ARE ALONG SAID BOUNDARY OF THE CITY OF LA QUINTA AS DESCRIBED IN SAID ANNEXATION NO. 1. 26. THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, NOO 19'30"W, 22.50 FEET TO THE BEGINNING OF A CURVE. CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2000.00 FEET; 27. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 00'00" AN ARC DISTANCE OF 1570.80 FEET; 28. THENCE, N45 19'30"W, 366.56 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MILES AVENUE; 29. THENCE, CONTINUING N45 19'30"W, 1780.92 FEET TO THE BEGIN- NING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; 30. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 04'57" AN ARC DISTANCE OF 1538.77 FEET TO THE ® NORTH LINE OF SAID SECTION 19, SAID NORTH LINE ALSO BEING THE CENTERLINE OF FRED WARING DRIVE; THENCE, ALONG SAID NORTH LINE AND SAID CENTERLINE N89 40'49"E, 5347.98 FEET TO THE NORTHWEST CORNER OF ABOVE SAID SECTION 20; -32. THENCE, ALONG THE NORTH LINE OF SAID SECTION 20 AND SAID CENTERLINE, N89 40'49"E, 5306.32 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20 AND THE CENTERLINE OF JEFFERSON STREET; 33. THENCE, ALONG THE EAST LINE OF SAID SECTION 20 AND SAID CENTERLINE OF JEFFERSON STREET, SOO 19'11"E, 2652.69 FEET TO THE EAST ONE -(QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF MILES AVENUE; 34. THENCE, ALONG THE SOUTH LINE OF THE NORTH ONE-HALF 017 SAID SECTION 20 AND SAID CENTERLINE OF MILES AVENUE, S89 40"49"W, 2654.00 FEET TO THE CENTER OF SAID SECTION 20 AND THE CENTERLINE OF DUNE PALMS ROAD; 35. THENCE, ALONG THE WEST LINE OF THE EAST ONE-HALF OF' SAID SECTION 20 AND SAID CENTERLINE OF DUNE PALMS ROAD, SOO 19-11"E, 2644.00 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF 4FTH AVENUE.; 36. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 20 AND SAID CENTERLINE OF 46TH AVENUE, N89 40'49"E, 2654.00 FEET 7-0 THE NORTHEAST CORNER OF ABOVE SAID SECTION 28 AND THE CENTERLINE OF JEFFERSON STREET; ® 37. THENCE, ALONG THE NORTH LINE OF SAID SECTION 28 AND THE 3 CENTERLINE OF 46TH AVENUE, N89 40'49"E, 1315.52 FEET TO THE NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28; 38. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 28, SOO 13'45"W, 215.41 FEET TO THE NORTHERLY LINE OF ABOVE SAID COACHELLA VALLEY STORMWATER CHANNEL; 39. THENCE, ALONG SAID NORTHERLY LINE, S44 36'15"W, 530.60 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3000.00 FEET; 40. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 55'00" AN ARC DISTANCE OF 100.36 FEET; 41. THENCE, SOO 13'45"W, 651.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID COACHELLA VALLEY STORMWATER CHANNEL, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3500.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"F,; 42. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 51'27" AN ARC DISTANCE OF 113.47 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 3505, MAP BOOK 57, PAGES 7 AND 8, RECORDS OF SAID COUNTY; 43. THENCE, ALONG THE EASTERLY LINE OF SAID TRACT NO. 3505, S33 41'05"E, 120.00 FEET TO A POINT ON A CURVE: CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3620.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 44. THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 40'40" AN ARC DISTANCE OF 42.82 FEET; 45. THENCE, S34 21'45"E, 212.90 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT NO. 3505; 46. THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3505, S71 23142"W, 171.16 FEET; 47. THENCE, S55 41'15"W, 140.85 FEET; 48. THENCE, S63 05'45"W, 278.73 FEET; 49. THENCE, S82 32'25"W, 127.18 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 325.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS N89 42'04"E; 50. THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 37'43" AN ARC DISTANCE OF 60.29 FEET; 51. THENCE, N89 29'14"W, 169.87 FEET; 52. THENCE, SOO 30'46"W, 20.00 FEET; 53. THENCE, N89 29'14"W, 160.00 FEET TO THE EAST LINE OF ABOVE. SAID SECTION 29 AND THE CENTERLINE OF JEFFERSON STREET; 5A. THENCE, ALONG SAID EAST LINE OF SECTION 29 AND SAID CENTER- LINE. OF JEFFERSON STREET, SOO 30'46"W, 659.08 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 29; 55. THENCE, ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 29 AND ALONG; THE. CENTERLINE. OF STATF, HIGHWAY 111;_ I 56. THENCE, SOO 30'40"W, 1371.54 FEET; 57. THENCE, N89 02'35"W, 56.84 FEET; 58. THENCE, S45 23125"W, 479.28 FEET; 59. THENCE, S89 52'06"F., 1152.45 FEET TO THE EAST LINE OF SAID 4 SECTION 29 AND THE CENTERLINE OF JEFFERSON STREET; ® 60. THENCE, ALONG SAID EAST LINE OF SAID SECTION 29 AND SAID CENTERLINE OF JEFFERSON STREET, S00 35'25"W, 1049.62 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 29 AND THE END OF ANNEXATION NO. 1 OF SAID CITY OF LA QUINTA; 61. THENCE, ALONG THE ORIGINAL EASTERN BOUNDARY OF THE CITY OF LA QUINTA AND ALONG THE EAST LINE OF ABOVE SAID SECTION 32 AND ALONG SAID CENTERLINE OF JEFFERSON STREET AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469, S00 03'12"E, 2664.05 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 32; 62. THENCE, S00 02'48"F, 2587.48 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32 AND THE POINT OF BEGINNING. CONTAINING AN AREA OF 3116 ACRES, MORE OR LESS. EXHIBIT C ® PROPOSED REDEVELOPMENT PROJECTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel $3,530,000 La Quinta Evacuation Channel 1,200,000 General Storm Drains - various locations 9,000,000 WATER SYSTEM 13,730,000 Main Line Distribution Center 1,585,000 SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) 125,000 Main Lines (to lift stations) 1,585,000 BRIDGES 1,710,000 Washington Street at Whitewater 3,240,000 Jefferson Street at Whitewater 4,500,000 Avenue 50 at La Quinta Channel 4,500,000 Adams at Whitewater 4,500,000 Avenue 48 at La Quinta Channel 4,500,000 ® Dune Palms at Whitewater 4,500,000 25,740,000 STREET IMPROVEMENTS East/West Streets Fred Waring Drive Westward Ho Drive Highway 111 Avenue 48 Avenue 50 North/South Streets Washington Street Adams Street Dune Palms Road Jefferson Street 10,804,000 RAISED MEDIANS Highway 111 1,245,000 Washington Street 1,500,000 Jefferson Street 1,500,000 TRANSIT TURNOUTS 14 Locations 140,000 \L QUINTA\ROP( N\E ISITC TRAFFIC SIGNALS Route 111 at Washington Route 111 at Adams Route 111 at Dune Palms Route 111 at Jefferson Washington at Fred Waring Washington at Miles Jefferson at Fred Waring Jefferson at Miles Jefferson at Avenue 48 Jefferson at Avenue 50 COMMUNITY DEVELOPMENT PROGRAMS Provide commercial development funds Provide funds for demolition of dilapidated structures Provide funds for planning services to conduct design/implementation program studies COMMUNITY FACILITIES Develop new fire department facility and related equipment to service the Project Area Develop new parks to service Project Area residents TOTAL HOUSING PROGRAMS 60,000 100,000 100,000 60,000 100,000 100,000 100,000 100,000 100,000 100,000 All housing programs will be funded by the 20% housing set aside program. Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program 10,000,000 500,000 1,000,000 2,500,000 5,000,000 $77,874,000 Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta. El 11 \=UNTA\RDPLA \EXHIBrrC New Housing Affordability ® Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. 11 Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Relocation Housing Provide Relocation Housing Assistance when necessary. \t QUMTA\RCPLAN\IXMBRC E._ E APPENDIX H PRELIMINARY REPORT Ell PRELIMINARY REPORT FOR THE PROPOSED CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Prepared for: La Quinta Redevelopment Agency P.O. Box 1504 78-105 Calle Estado La Quinta, California 92253 619/564-2246 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 JUNE, 1988 L INTRODUCTION The La Quinta Redevelopment Agency ("Agency") is taking steps leading to the adoption of the Agency's second Redevelopment Plan. The Redevelopment Plan ("Plan") would: (1) establish a 3,116 acre Redevelopment Project Area entitled Project Area No. 2 ("Project Area") as outlined in Figure 2, and (2) establish the legal and financial mechanisms to address the blighting conditions present in the Project Area. The Plan does not initiate any changes in land use nor does it directly implement any particular private development proposal. Instead, it is designed to correct public infrastructure and facility deficiencies, to promote property rehabilitation and economic development, and to facilitate redevelopment/revitalization activities. The Plan would be implemented over a 40 year period. Pursuant to the Community Redevelopment Law ("Health and Safety Code") this ® document is the Preliminary Report as required by Section 33344.5 of the Health and Safety Code. This Report must be submitted to each taxing agency that levies taxes in the Project Area and presents the following: A. The reasons for selecting the Project Area. B. A description of the existing physical, social, and economic conditions in the Project Area. C. A preliminary assessment of the proposed method of financing the redevelopment of the Project Area, including an assessment of the economic feasibility of the redevelopment project and the reasons for including a provision for the division of taxes pursuant to Section 33670 of the Health and Safety Code. D. A description of the specific project or projects now proposed by the Agency for the Project Area in sufficient detail and specificity to permit a fiscal review committee, if one is created, to review the potential impacts of the proposed Plan. E. A description of how the project or projects to be pursued by the Agency will improve or alleviate the conditions described in Sections A and B { above. \?e U11 a\prelrytVMro 1 SECTION A REASONS FOR SELECTING THE PROJECT AREA The proposed Project Area includes 3,116 acres of commercial and residentially zoned property in the northern section of the City of La Quinta. Generally, the Project Area boundaries are Avenue 50 to the south, Fred Waring Drive (Avenue 44) to the north, Washington Street to the west and Jefferson Street to the east. The Project Area 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. The City of La Quinta has experienced development dating back to the early 1920's. Development occurred at the base of the Santa Rosa Mountains in coves that were protected from the severe desert winds and other hostile elements. Since the 1920's development has continued and moved north towards the proposed Project Area. Limited development has occurred in the Project Area, however, due to severe flooding conditions. The Project Area is part of a drainage basin through which run-off from the Santa Rosa Mountains flows. The lack of improved flood control facilities allows drainage waters to sheet -flow and flood many of the properties within the Project Area. Due to the amount of storm water flowing through the area, the cost of constructing flood control facilities to accommodate the peak flows is greater than the private sector acting alone can economically bear. Cl \J=uinta\pmlV\xc a 2 The Project Area also suffers from other infrastructure deficiencies. Project Area streets are in various stages of improvement and are lacking in travel lanes, traffic signals, curbs, gutters and medians. The two major north -south arterials for both the Project Area and City, Washington and Jefferson Streets, cross the Coachella Valley Flood Control Channel. Jefferson Street crosses through rather than over the channel due to the lack of a bridge. Jefferson Street is often closed during winter rains. The Washington Street bridge is substandard because of its width. The ultimate width of Washington Street is two lanes in each diretion; the bridge can only accommodate two lanes. Various parcels throughout the Project Area are subdivided in a manner that limits development as permitted by the La Quinta General Plan. These parcels are either irregularly shaped, inadequately sized, or subdivided in deference to surrounding topographical features. The aforementioned conditions have limited development throughout the Project Area. Limited existing infrastructure improvements combined with the cost and scope of needed improvements require solutions that are beyond the capability of private enterprise acting alone to solve. Without redevelopment, the Project Area will continue to stagnate. Evidence of stagnation is apparent by reviewing development in adjoining communities that are not burdened by the deficiencies present in the Project Area. When the City of La Quinta incorporated in 1982, various studies were completed that identify and detail the extent of the infrastructure deficiencies. Flood control, traffic/circulation and utility system deficiencies are problems of major concern to the community. The City Council in a desire to resolve community problems is proposing to use redevelopment to address significant problems. To this end the boundaries of the Project Area were selected. The primary reasons for selecting the proposed Project Area include: o The need to remedy, remove and prevent physical blight and economic obsolescence in the Project Area. o The need to expand the commercial and residential base of the community through assisting and promoting new and continuing private sector investment. o The need to encourage the cooperation and participation of residents, businesses, business persons, public agencies and community organizations in the redevelopment of the Project Area. C o The need to address environmental deficiencies including substandard vehicular circulation systems, inadequate water service, sewer and storm drainage systems, and other similar public improvements. o The need to improve and/or provide utility services such as gas, electric and telephone services where such deficiencies are adversely affecting the Project Area. o The existence of 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. 11 \laquinta\prelrpt\ae 4 o The need to replan, redesign and redevelop areas within the Project Area that are economically stagnating and/or improperly utilized. o The need to recycle and/or develop underutilized parcels to accommodate higher and better economic uses thereby improving the financial viability of the community as a whole. o The desire to achieve an environment reflecting a high level of concern for contemporary urban design principles including architecture and landscaping. o The need to promote the creation of new employment opportunities. o The need to provide opportunities for the expansion of the community's ® supply of housing (on a citywide basis) including housing opportunities for ail low and moderate income households. o The need to plan and implement new development and infrastructure that will result in improved service to the Project Area. The area included in the proposed Project Area contains pervasive detrimental physical characteristics which require the tools provided by the Community Redevelopment Law to remedy. Private enterprise acting alone has not and cannot remedy these conditions. Without the provisions and tools provided through adopting the Plan, it is foreseen that the existing blighting conditions will limit the future economic viability of the Project Area. \lagainta\prelrpt\sect-a 5 If problem conditions are not resolved through redevelopment, the problems will Ol continue to impact the quality of life and economic environment of the City of La Quinta. The authority set forth in the Community Redevelopment Law would enable the implementation of redevelopment in the Project Area by: o Providing tools and mechanisms to assist existing property owners and tenants to upgrade their deteriorating structures and properties. o Addressing the current economic stagnation by providing funding to eliminate blighting conditions that constrain development. o Addressing the problem of inadequate, insufficient and deteriorated infrastructure. The Agency in partnership with private enterprise would assist in funding infrastructure improvements to correct existing problems and suppress further deterioration of the flood control and circulation systems, sewers, waterlines and utilities. o Arresting economic blight to ensure that properties in the Project Area attain their true market potential. 2 \1aGulnta\pm1rM\e -a 6 SECTION B A DESCRIPTION OF THE PHYSICAL, ECONOMIC AND SOCIAL CONDITIONS IN THE PROJECT AREA Regional Location The City of La Quinta is located on the west side of the Coachella Valley in Riverside County, California. The Valley comprises one segment of the Colorado Desert in southeastern California. The City is bordered to the south and west by the Santa Rosa Mountains, and to the north and east by agricultural areas and the communities of Indio, Coachella, and Thermal. Palm Springs is located approximately 15 miles northwest of La Quinta (see Figure 1). Project Area Characteristics The proposed Project Area is located in the northern portion of the City, north of Avenue 50; at 3,116 acres in size the Project Area encompasses 21.4 percent of the total acreage of the City (14,528 acres). The Project Area is urbanized in terms of Section 33320.1 of the Health and Safety Code. The definition of urbanized includes privately owned property that has been developed, areas that are part of recorded or tentative subdivision maps and areas that are serviced by utilities. Additionally, properties within the Project Area that are privately owned are either: (1) an integral part of an area developed for urban uses; (2) include lots which are subdivided in disregard to the contours, topography or physical characteristics of the ground and surrounding conditions; or (3) are subdivided into parcels of inadequate size and shape for proper usefulness and development. \laquinta\prelrpt\s d-b 7 1\DESERT HOT SPRINGS 1 Q RNERSIDE Rtvarside County n PALM SPqINGS 11 LA OLI" CITY OF LA QU1NTA REGIONAL LOCATION 0 2 4 S MILES INS FIGURE -I X. 17 '- 'FREDWARING DRIVE I h MlC E9 AVENUE 1 N V ENUE 46 I. -- F cc ccf� f 03 m ::: mil'— oErAic—a Hwy m 3 AVENUE 48 �xr' W cc W IJL _. IL :3 i I Uao �� W \ -'m AVENUE 50 PROJECT ePEP CJNiL N O� t 0.N6 <TRES MORE ON LES, P/ 1 U- RRR PROJECT dREf. OCI,I Rl `j --CITY BOIINOARY U EXIST PROJECTAREA NO.1 BOUNDARY CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 FIGURE 2 E Blighting Conditions Within The Project Area The Community Redevelopment Law identifies two categories which define blight: physical blight and economic blight (as set forth in Attachment A). The law also states that a blighted area is characterized by one or more specific conditions which cause a reduction of, or lack of proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. Blighting conditions present in the Project Area are economic in nature. A combination of the existing topography, irregularly shaped and sized parcels, deficient public infrastructure and facilities and the existence of economic maladjustment through the inability of property owners to bear special assessments has limited development in the area. ® The following narrative summarizes the blighting conditions present in the Project Area. This data has been compiled from an exhaustive review of prior studies and reports, interviews with City and Riverside County staff, and field surveys conducted in April, 1988, by David Meyer of RSG, Inc. RSG has conducted numerous project area field surveys and its principals have over 30 years of cumulative municipal government experience in redevelopment and planning services. Economic Bliaht Properties within the Project Area suffer from economic dislocation, deterioration or disuse due to: irregularly formed or shaped lots, lots subdivided in disregard to the contours, topography or physical characteristics of the ground and surrounding conditions, and inadequate public improvements and facilities. \1a uinte\pmlry \s -b 10 Irregularly Formed or Shaped Lots u As a result of the location of the Coachella Valley Stormwater Channel and the La Quinta Evacuation Channel certain parcels of land have assumed shapes and sizes that do not easily lend themselves to the type of development as designated by the adopted General Plan. These parcels were subdivided prior to the adoption of the General Plan, and are either too small or are configured in a manner that will not accommodate development at the densities permitted by the General Plan. Through redevelopment, the Agency may reparcelize these properties to facilitate permitted development. The northwest corner of the Project Area includes the Highway 111 commercial corridor and is adjacent to the rapidly developing community of Indian Wells. Commercial development in this corridor is moving east and as such, is increasing the desirability of developing the property located in this portion of the Project Area. The Santa Rosa Mountains also traverse this area and due to their location, impose severe topographical constraints on the developable parcels in this area. The topographical constraints result in odd -shaped parcels of varying sizes. Agency assistance through redevelopment would benefit these properties by reconfiguring properties into developable parcels. Various parcels throughout the Project Area are also inadequately sized to accommodate necessary drainage sumps to address the flooding hazards. Individual developments must provide on -site sumps to handle the additional surface run-off created by development. The size and shape of many properties do not lend themselves to this development requirement and as such can only be minimally developed. Lots Laid Out in Disregard to Physical Characteristics Portions of the Project Area include lots laid out in disregard of topographical and site physical features which limit access and effective private use. Physical barriers such as \1aqumte\Prelrpl\fed-b 11 the Coachella Valley Stormwater Channel, the La Quinta Evacuation Channel and the Santa Rosa Mountains establish physical constraints that result in parcels of irregular form and shape. Early subdivisions were subdivided in disregard of these features resulting in parcels with limited contemporary development potential. Inadequate Public Improvements In order for development to occur in the Project Area the drainage, circulation and utility problems must be resolved. The scope of the needed improvements is so extensive that it transcends the ability of individual property owners to adequately address the problems. An entity of more regional responsibility must become involved in the problem solving process. Storm Drain System ® The flood control/storm drain system in the Project Area has structural deficiencies and does not have the capacity to handle flood water flows. A major portion of the Project Area is subject to flooding because the major drainage channels are unimproved. These conditions are not only hazardous to existing development but also impact the economic feasibility of developing underutilized properties. To date the City and private enterprise have not been able to construct the needed drainage infrastructure improvements due to the magnitude of the improvements and the limited financial resources for capital facilities construction. A primary objective of the redevelopment project is the improvement of the drainage system and elimination of flood hazards. Two key elements to the completion of such a system are the improvement of the La Quinta Evacuation Channel and the Coachella Valley Stormwater Channel. Both of these drainage courses accept storm run-off v�uinta\P�ro\�b 12 initiated in the area south of the Project Area at the base of the Santa Rosa Mountains. 40 The water then flows in a natural northerly direction through the Project Area. The aforementioned facilities are unimproved channels as they traverse the Project Area. During periods of heavy rain, they often overflow and flood an extensive area. In addition to the major storm drain channels that need improvement, a network of storm drains are needed to channel surface run-off from private property and deposit it into the channels. In short, a comprehensive flood control/storm drain system needs to be constructed in the Project Area. Street/Circulation System Improvements According to the City of La Quinta City Engineer, the circulation system throughout the Project Area is deteriorated, substandard, congested and needs to be upgraded and improved to service the existing and growing transportation needs of the community. To date, the City has been unable to generate sufficient revenue to both maintain and improve the street network. Due to scope and area -wide nature of the improvements, traditional financing vehicles cannot successfully generate sufficient revenue to fund all of the needed improvements. Washington and Jefferson Streets are the major north -south arterial links from Interstate 10 to both the Project Area and the City. Both streets have only two travel lanes and vary in degree of improvements as they traverse the Project Area. Bridge improvements are needed for both streets at the Coachella Valley Stormwater Channel crossing to provide safe access during the winter season; currently Jefferson Street travels through the Channel and is blocked when the channel is flooded. Further, both streets need to be widened to two travel lanes in each direction with turn pockets, landscaped center medians, curbs, gutters and sidewalks. 40 \1a ulnta\Prelrpt\s -b 13 1 U Other streets that need improvement include Fred Waring Drive, Miles Avenue, Adams Street and Dune Palms Road. All of these streets need to be widened and improved with curbs, gutters, storm drains, sidewalks, medians and turn lanes. Adams Street and Dune Palms Road also need bridges over the Coachella Valley Stormwater Channel. Intersection and traffic signal improvements are needed throughout the Project Area. Major intersections that are deficient include Washington Street at Fred Waring Drive, Miles Avenue and Highway 111. Traffic signals and improvements are needed at the following locations: Highway 111 at Washington Street, Jefferson Street, Adams Street and Dune Palms Road; Jefferson Street at Fred Waring Drive, Miles Avenue, future Avenue 48 and Avenue 50. Other Infrastructure Improvements Improvements to the Project Area's utility system are needed if development is to occur. Water mains must be constructed from well sites to the proposed users. Wastewater lines and a lift station must be constructed to service the area. Natural gas mains must be installed, and an electrical sub -station must be constructed as well as a distribution main line network. Inadequate Public Facilities Schools, parks libraries and the other government facilities such as a fire station will be required to handle demand generated by the development of the Project Area to General Plan densities. Due to the limited potential for growth in local governmental funding levels combined with explosive demands for increased public facilities and services, the City cannot fund facility improvements. \ia uinta\p®trq\o -b 14 Inability of Property Owners to Bear Special Assessments 40 The City has explored the possibility of special assessments to fund the needed improvements in the Project Area. Due to the extent of the improvement needs combined with their associated cost, special assessments would not generate sufficient revenue to construct the needed improvements. Further, similar improvements in Redevelopment Project Area No. 1 are being funded with tax increment financing. The City does not want to create an inequitable situation wherein the owners of property within the subject Project Area would be confronted with a cost not imposed on their neighbors. The disparity in financing would cause additional economic maladjustment in the subject Project Area. Finally, certain properties in the Project Area have been offered for sale for extended periods of time with no viable offers being submitted. The most prevalent disparity can be observed by driving on Highway 111. The communities to the east and west of the Project Area are developed with thriving commercial businesses. The Project Area along Highway 111 is significantly underdeveloped primarily due to the infrastructure deficiencies. Land Use, Social and Economic Conditions Land Use Data Table 1 presents a summary of the General Plan Land Use and Zoning Designations, and Existing Land Uses in the Project Area. Data presented under the category of "General Plan Land Use Designations" has been compiled from the 1985 General Plan Land Use Map as amended through June 17, 1986. The City is currently reviewing the existing General Plan and intends to revise the document in the near future. 40 umwnw\Pmlmt\�15 TABLE 1 LAND USE SUMMARY GENERAL PLAN LAND USE DESIGNATIONS Classification ACRES % of Total 1. Residential a. Low Density 1,512 48.5% b. Medium Density 430 13 8% C. High Density 120 3.9% 2. Commercial a. General Commercial 45 1.4% b. Mixed Commercial 650 20.9%° 3. Public Owned a. b. Streets 203 6.5% Flood Control Channel 156 5.0% 3,116 100.0% ZONING DESIGNATIONS ® Classification ACRES % of Total K] 1. Agricultural 97 3.1% 2. 3. R-1 R-2 1,120 35.9% 4. R-3 1,124 36.1 % 5. R-T 110 3.5% CPS 30 1.0% . 7, W-1 Flood Control 152 4.O% 8. Streets 203 203 6.5% //° TOTAL 3,116 0.0 100.0% \laquima\p®Irpt\sx 16 EXISTING LAND USE Classification ACRES % of Total 1. Agricultural 177 5.7% 2. Residential (Low Density)* 466 15.0% 3. Residential (Medium Density)* 920 29.5% 4. Commercial* 40 1.3% 5. Public 40 1.3% 6. Flood Control 152 4.9% 7. Streets 203 6.5% 8. Vacant 1,115 35.8% TOTAL 3,116 100.0% *Include Tentative & Final Maps Sources: City of La Quinta General Plan, 1985 as amended through June 17, 1986 City of La Quinta Zoning Map, 1982 as amended through October 15, 1987 RSG Land Use Survey, 1988 Social and Economic Data Tables 2 through 5 present demographic information which was derived from the Housing Element of the La Quinta General Plan (November, 1985). No Project Area specific data is available; as such the demographic information is for the entire City. TABLE 2 POPULATION SINCE INCORPORATION 1982 - 1984 Year Population % of Increase 1982 4,232* N/A 1983 5,400 27.5% 1984 6,325 17.1 % 1985 6,456 2.0% 1986 7,170 11.0% 1987 8,100 12.9% *Estimate based on population growth between 1980-1983. Source: California Department of Finance Coachella Valley Association of Governments n U \i�utnta\o,alMt��-b 17 TABLE 3 AGE CHARACTERISTIC OF THE POPULATION 1970-1980 AGE RANGE 1970 1980 Change 0-4 5 - 19 51 236 4.3% 388 19.8% 734 11.7% 660.7% 20 - 24 53 4.5% 345 22.0% 10.4% 211.0% 550.9% 25 - 54 379 31.8% 1,346 40.4% 255.1 % 55 - 64 233 19.6% 274 8.2% 17.5% 65 - 74 185 15.5% 195 5.9% 5.4% 75+ 53 4.5% 46 1.4% -13.2% Total 1,190 100.0% 3,328 100.0% 179.6% Median Age 39.0% 27.1% Source: 1970, 1980 U.S. Census TABLE 4 RACE AND ETHNICITY 1970-1980 RACE/ETHNICITY 1970 % 1980 American Indian N/A 35 1.0% Asian N/A - 21 0.6% Black 3 0.3 94 2.8% White 1,174 99.7 3,008 90.4% Other N/A 15 0.5% TOTAL 1,190 100.0% 3,328 100.0% Hispanic 170 14.3 155 4.7% Source: 1970, 1980 U.S. Census The racial and ethnic characteristics of La Quinta have changed between 1970 and 1980. The proportion of persons reporting themselves as White has decreased by 12 percent and the proportion reporting themselves as Hispanic has decreased as well. The number and proportion of those reporting themselves as Black have increased. Vl ulna\prelrpt\sect-b 18 Table 5 shows the income distribution of households in La Quinta. TABLE 5 FAMILY/HOUSEHOLD INCOME 1970-1980 INCOME 1970 1980 Riverside County Median $8,997 $16,037 La Quinta Median $3,000 $19,681 Families/Households Very Low Income 72 21.2% 295 24.7% Low Income 46 13.6 164 13.8 Moderate Income 60 17.7 357 30.0 Upper Income 161 47.5 376 31.5 Total Families/Households 339 100.0% 1,192 100.0% Households Below Poverty Level 34 10.0% 83 6.5% Source: 1970 (extrapolation) and 1980 U.S. Census. 1970 figures are family income, while 1980 figures refer to household income. 0 C \ia uinte\pm]Tt\sect-b 19 SECTION C PROPOSED METHOD OF FINANCING THE REDEVELOPMENT OF THE PROJECT AREA Redevelopment of the Project Area is proposed to be financed as follows: Financial assistance from the City, State of California and/or Federal Government; Property tax increments; Agency bonds; and Any other available and appropriate source. Financial Assistance from the City State of California and/or the Federal Government 0 The funds shall include loans and advances for planning, construction and operating capital for implementation until such time that sufficient tax increment is raised to repay loans and provide other means of operating capitol. As available, other funds such as gas tax funds and Community Development Block Grants may also be used to pay the costs of project implementation. The Agency and City will work together to pursue available grants and loans to assist with project implementation. Property Tax Increments The Agency is proposing to use property tax increments as provided for in Article 6, Section 33670 of the Health and Safety Code as the primary financing mechanism to \IaGulnta\pml pt\sad 20 implement the Plan. The Agency is currently discussing the effects of the proposed Project Area with affected taxing entities. Preliminary tax increment projections for the Project Area have been generated and are presented in Table 6 of this Report. The projections are based on the 1987-88 Assessment Roll information from the County of Riverside. The tax increment projections assume a 4 percent annual growth rate. Bonded Debt The Agency, with the approval of the City Council, may from time to time issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the principal and interest are payable in whole or in part from tax increments. Other Available Sources Any other loans, grants or financial assistance from the United States, or any other public or private source will be utilized, as available. The Agency will also consider use of the powers authorized by Chapter 8 (Redevelopment Construction Loans) of the Health and Safety Code to provide construction funds for appropriate projects. u \1B .mta\pw'pt\se 21 TABLE 6 u CM (F 1A QJRM TAX 71,UMUi7 FX11F CNS PIdAL RF):vUJII N7 FRCI]fI.T ARFA JOLY, 1988 Year Annual Forecasted Total AV Net Inaantl E•tiimted 2: Ramming Agt-y Assrs�d Lr m9e Valuation Tax Lrimt Phs th" To Agency Qmilat lv Valuation 47 0 0 BY1988-89 91,205,932 1989-% 91.235.932 3,648,237 94.854,169 3,648,237 44,536 23,618 20.891 X.891 19901-91 94,854,1f9 3,79±,167 98,648,336 7,442,404 90,797 47, 7M 43,09J 63,9F11 1991-92 98,648,336 3,(Y5,933 102,594,259 11,338,337 138,933 72,279 66,658 M, 639 1992-93 102,594,269 4,103,771 106.695, 040 15,492,1C8 189,CD� 97,343 91,661 222.3C0 1993-94 IC6,f9 .W 4,267,922 110,%5.%2 19,763,COO 241, 072 122,907 118,165 340,465 1994-95 110,%5,962 4,433,635 115,".6D 2,4,198,668 295,224 m'C' 3 146, 241 486, 705 1995-% 115,404,WD 4,616,184 ld),C20,784 28,814,852 351,541 175, 590 175,%1 (,62,666 199 i-97 123,02),784 4,8)0,831 124,821,616 33,6L5,6B4 410,111 302,710 207,402 FV,059 1997-% 124,821,616 4,992,%5 129,814,49) 39, ff8.M 471,C24 230, 392 240,643 1,110,711 1996-99 129,814,480 5,192,579 135,CO7,060 43,EI31,128 534,374 258,677 275,767 1,3%,47B 1993-CD 135,C07,C60 5,400, 292 140,407,342 49,a)1.410 6CO,257 297,397 312,861 1,699,339 2030-01 140,407,342 5,616,294 146,023,635 54,617.79, 668,776 316,762 352,014 2,051,352 2XI-M 146,023,636 5,840,945 - 151.854,581 60,658,649 740,035 346,715 393.323 2,444,672 2002-03 151,864,581 6,074,583 157,939,164 66,733,Z32 814,145 377,267 436,878 2,881.551 W03-04 157,939,164 6,317,567 164,2%,7.31 73,050,799 891,220 408,43J 492,790 3.354,341 23Y,k]5 164,256,731 6,570,269 170,827,07) 79,621.068 971,377 W.216 531,161 3,895,501 2ab-Tj 170,827,000 6,833,090 177,6W,6.D 86,454,148 1,C54,741 472,638 582,102 4,477, 6Y, 23Y>-07 177,663,080 7,IC6,403 184,766.483 93,563,551 1,141,439 505,7C9 635,730 5,113,333 2307-W 184,766,483 7,390,659 192,157,143 100,951,211 1,231,f05 539,441 692,164 5,EO5,498 2)03-09 192, 157,143 7, 686, 286 199,843,428 1(8,637,4% 1,325,377 573,847 751,533 6,557,028 2179-10 199,&3,428 7,993,737 207,837,1666 116,631,234 1,422,901 68,942 813,959 7,370,937 2010-11 207,837,166 8,30,487 216,150,652 124,944,72) 1,524,326 644,738 879,587 8,250.575 2)11-12 216,60,652 8,6.6,C26 224,7%.678 133.590,746 1,629,EC)7 691,251 948,557 9,199,131 2012-13 27,4,796,678 8,991,867 233.7E8,545 142,582,613 1,739,503 718,493 1,021,015 30,2Z0,146 2)0-14 233,788,545 9,351,542 243,140,C97 151,934, 155 1,853,597 756.491 1,037,116 11,317,262 2014-15 243, 140),C67 9,725,603 252,865,691 161,659,759 1.972,249 795,223 1.177,021 12,49,,283 2015-16 7.52,865,691 10,114,628 262,93).318 171,774,366 2,035,648 834,750 1,350,897 17,755,180 2016-17 262,980,318 10,519,213 273,499,531 182,293,599 2,223,962 875,063 1,348,919 15,104,099 2017-18 273,499,531 10,939,981 784,439,512 193,233,590 2,357,450 916,182 1,441,269 16,`45,YJ 2018-19 234,439,512 11,377,59) 295,817,093 24.611,161 2,4%,L% 958, 1Z3 1,538,133 18,f R3,_ln 2019-23 295,817,033 11,832,684 307,649, T76 216,443,854 2, W, 615 1,R0,933 1,639,712 19,23,211 2323-21 307, 649, T76 12,305,991 319,955,768 228,749,836 2, 790, 74B 1,044,539 1,746, 2C9 21,469,420 2021-22 319,955,768 12,798,231 332,753,938 241, 548,056 2,946,8% 1,C89,C47 1,857,839 23,327,259 2022-23 332, 753,998 13,310,160 _ 346,064,158 254, 854, 226 3,109,270 1, 134,446 1,974,824 25,302,OB4 2D23-24 346,(64,158 13,B42,566 359,9U6,724 -268,7 O, 792 3,278,M 1,18),753 2,Q37,397 77,399,481 2324-25 359,9C5,724 14,3%,269 374,371,993 283,037,C61 3.453,784 1,227,%5 2,215,793 29,675,279 2325--2i 374,302,993 14,972,127 339,275,113 298.09,181 3,636,444 1,Z76,163 2,360,281 31,935,561 2325-27 399,275,113 15,571,E ", 846,118 313,640,185 3,826.410 1,325,3Y+ 2,501,107 34,4%,667 2)27-28 " 846,118 16,193,M 421,639,%2 329,834,030 4,023,975 1.375,427 2,648,548 37,135,215 2M-29 421,039,962 16, 841,5� 437,881,561 346,675,629 4,229,443 1,Q5,55a 2,802,859 39,938. 104 A9anes a 47 gtw[h rate, a 1.27X tax rate, and the Proposition 13 allo. d Z7. growth is pass dt to all taxing entities excep[ the City. lq/txpro j4a Assessment of the Economic Feasibility of the Project A listing and description of the potential projects to be utilized by the Agency in the Project Area is presented in Section D of this Report. The overall cost of the proposed projects (cost estimates do not take into account costs related to agreements with taxing agencies, unknown future private development assistance, financing costs, nor the 20 percent housing set -aside requirements) is estimated to be approximately $77.8 million. These projects will be phased over time as funding is available. The Agency recognizes that although the entire list of projects that have been enumerated are needed, improvements can only be implemented as funds become available. Also, it may be of benefit to fund smaller projects with available monies, rather than waiting until the Agency has accumulated funds sufficient to implement the more costly projects. The estimated tax increment generated in 40 years at a 4 percent growth assumption is approximately $43.9 million. It will be necessary to prioritize the projects from time -to - time to take advantage of market conditions and best utilize the Agency's resources. Tax allocation bonds will be used as feasible to assist in project financing. Reasons for Including_Tax Increment Provisions in the Plan Tax increment provisions must be included in the Plan because other funding sources are not available to finance the costs of redevelopment. The City's budget alone cannot fund this level of need and other financing programs such as assessment districts are not workable for the kinds of improvements which are needed. Without the tax increment component, sufficient revenue would not be available to fund the needed programs and improvements. \ta uinta\pralrpt\aa 23 0 11 KI SECTION D AND E DESCRIPTION OF SPECIFIC PROJECTS PROPOSED BY THE AGENCY AND HOW THESE PROJECTS WILL ALLEVIATE CONDITIONS DESCRIBED IN SECTIONS A AND B ABOVE The types and nature of projects to be undertaken by the Agency will evolve over time and are dependent on such contingencies as owner -participation interest and capability, developer interest and marketability, and funding levels. Table 7 presents a list of potential projects and the problem conditions as described in Sections A and B of this Report that will be alleviated. The estimated costs reflect 1988 dollars and are subject to inflationary increases. TABLE 7 PROPOSED REDEVELOPMENT PROJECTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel La Quinta Evacuation Channel General Storm Drains - various locations WATER SYSTEM Main Line Distribution Center SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) Main Lines (to lift stations) BRIDGES Washington Street at Whitewater Jefferson Street at Whitewater Avenue 50 at La Quinta Channel Adams at Whitewater Avenue 48 at La Quinta Channel Dune Palms at Whitewater $3,530,000 1,200,000 9,000,000 125,000 1,585,000 3,240,000 4,500,000 4,500,000 4,500,000 4,500,000 4,500,000 13,730,000 1,585,000 1,710,000 25,740,000 \*uinta\ml"\s td< 24 STREET IMPROVEMENTS 0 East/West Streets Fred Waring Drive Westward Ho Drive Highway 111 Avenue 48 Avenue 50 North/South Streets Washington Street Adams Street Dune Palms Road Jefferson Street 10,804,000 RAISED MEDIANS Highway 111 1,245,000 Washington Street 1,500,000 Jefferson Street 1,500,000 TRANSITTURNOUTS 14 Locations 140,000 TRAFFIC SIGNALS Route 111 at Washington 60,000 Route 111 at Adams 100,000 Route 111 at Dune Palms 100,000 Route 111 at Jefferson 60,000 Washington at Fred Waring 100,000 Washington at Miles 100,000 Jefferson at Fred Waring 100,000 Jefferson at Miles 100,000 Jefferson at Avenue 48 100,000 Jefferson at Avenue 50 100,000 920,000 COMMUNITY DEVELOPMENT PROGRAMS Provide commercial development funds 10,000,000 Provide funds for demolition of dilapidated structures 500,000 Provide funds for planning services to conduct design/implementation program studies 1,000,000 E \l quinta\prolnX\s da 25 COMMUNITY FACILITIES Develop new fire department facility and related equipment to service the Project Area 2,500,000 Develop new parks to service Project Area residents TOTAL HOUSING PROGRAMS All housing programs will be funded by the 20% housing set aside program. Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program 5,000 000 $77,874,000 Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta. 0 New Housing Affordability Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Relocation Housing Provide Relocation Housing Assistance when necessary. The proposed improvement projects listed in Table 7 have been developed to halt and ameliorate the conditions responsible for creating and spreading blight in the Project Area. They specifically address the detrimental and deteriorating physical and economic conditions identified in Sections A and B of this report. \1,u;nM\PmIrW\s�d< 26 Public Improvement Program 0 The proposed public improvements have been delineated to address and remedy the severe, adverse, deficient conditions outlined in Section A and B of this report. This program has been developed by the Agency to encourage the rehabilitation, redevelopment and development of properties by addressing those elements which limit or impair the ability of the infrastructure to provide adequate service in the Project Area. Improvements to the Project Area's and City's deficient storm drain system must be accomplished to remedy the dangerous storm water conditions. This will provide an adequate level of health and safety for the Project Area's residents and businesses, and help develop the economy of the Project Area. The rehabilitation, improvement and construction of new elements of the Project Area's circulation system will upgrade and improve the operations of the system. This will reduce hazardous traffic conditions present in the area characterized by congestion, deficient intersection design and control. Inadequate access to the Project Area in the form of deficient bridges must be addressed to alleviate congestion, improve safety conditions and curb economic stagnation and impairment. Projected growth in regional traffic will further congest the area. Therefore, improvements to ameliorate these problems must be accomplished. The inadequacy of the Project Area's sewer system must be addressed to prevent further economic impairment and disinvestment. The water system serving the Project Area has existing and projected distribution deficiencies which require major improvements so that adequate service can be maintained and further impairment does not take place. \la9v4nta\Preltpt\s de 27 Community Development Programs The Agency intends to study, plan and coordinate programs to arrest the spread of blight, to promote the rehabilitation of existing buildings and site amenities, to eliminate incompatible land uses, and to address out-of-date and obsolete structures and parcel size and shape within the Project Area. Where possible the Agency will seek to rehabilitate and recycle land uses, however, when this is not feasible the Agency may assemble land for recycling. This program will eliminate the physical, and economic problems associated with lot sizes, irregular shaped parcels, and unmaintained parcels. This program would include funding for relocation and demolition, if required. Community Facilities Improvements proposed by the Agency are designated to alleviate identified existing and 1101 projected deficiencies within the Project Area. Their focus is to achieve the upgrading of existing facilities, construction of needed new facilities and the provision of additional KI services for the benefit of the Project Area. By providing these facilities, the Agency would improve the quality of life for area residents, businesses and the entire community. Housing Programs The Agency has plans to increase the housing supply within the area. The Agency will implement a multifaceted program to address the various housing needs, and to meet the identified need of promoting housing opportunities and upgrading the existing housing stock of the city. Program components are: A Senior Housing Program to provide more affordable senior housing units while also seeking to retain existing senior housing. \mawme\are�rpt\s�a< 28 A First -Time Buyer Program that will provide a mechanism by which young families can purchase homes in La Quinta. In cooperation with the City, the New Housing Affordability Requirements as required by the Redevelopment Plan will be implemented. The program will include both rental and ownership housing, and families with members who presently work in La Quinta will be given highest priority. The Agency will assist the City in providing a series of developer incentives and concessions the purpose of which is to reduce the cost differential between market value and the sale or rental prices of the affordable units. Child Care The Agency will assist the City in providing facilities and programs for child care to the extent allowed by law. A \I�uiMe\,ml,M\� da 29 KI Section 33320.1: "Project area" means, except as provided in Section 33320.2, 33320.3, or 33320.4, a predominantly urbanized area of a community which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this part, and which is selected by the planning commission pursuant to Section 33322. As used in this section, "predominantly urbanized" means not less than 80 percent of the privately owned property in the project area has been or is developed for urban uses, is characterized by the conditions described in subdivision (a), (b), or (e) of Section 33032, or is an integral part of an area developed for urban uses. For the purposes of this section, a parcel of property as shown on the official maps of the county assessor is developed if that parcel is developed in a manner which is either consistent with zoning or is otherwise permitted under law. For the purposes of this section, if property is acquired by the community less than 180 days prior to the date of adoption of the survey area resolution and is not dedicated or devoted to a public use on the date the survey area resolution is adopted, that property shall be deemed privately owned property. The requirement that a project be predominantly urbanized shall apply 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 an amendment to a redevelopment plan, which amendment is adopted on or after January 1, 1984. \Iaqulnta\PmITt\a Cha E Ll AY t� Q f P _ 1x xllwlww RlwR OA r IN' -E-R-R-E •�. v 1. Jy; I 1, t I1 OET-A/L-A � R � IROJECi 1REA BP1M1OYfi CItY BWINCAPY E. IST aPOJE[T ANEA NO.I B NDARY CITY OF LA QU1NTA REDEVELOPMENT PROJECT AREA NO. 2 GENERAL PLAN LAND USE RESIDENTIAL COMMERCIAL MISCELLANEOUS ElLOW DENSITY EDGENERAL MEDIUM DENSITY COMMERCIAL Is03 NIGH DENSITY ® MIXED COMMER 12 WATER COURSE - CEAL FLOOD CONTROL rk an 5 C 2 m S U__E%I$T pgp.1ERPIlE. N0.1 BMWOIPY CITY OF LA OUINTA - REDEVELOPMENT PROJECT AREA NO. 2 EXISTING ZONING 9 A-1 0 R-3 Q R-'1Q R-T ® W-7 R-2 ® CPS` 'INCLUDES SR u U Ell s+ i M ,E Safi fJ.! 15 e � �a r � .. � 9 r✓ z II gip{"°� - P�w�v - ox 000 pENOE oa as IW It a � �fii:ti)iWf.�Lfftriticii rrf � < ,m P / OEiAIL—A . (HSCp-a A O)fR N.E. fPIMONT PNp1ECi pNEn C°MiNINS ) � L ��`_•_CITT pO,INWN1 ),I'E a E 1E53 )-, �_ E[IST. PXp1ERAPE, NO.1 LJ ea)NBAAr CITY OF LA MUINTA I REDEVELOPMENT PROJECT AREA NO. 2 II C� EXISTING LAND USE N _AGRICULTURE COMMERCIAL m ESIDENTIAL ((LOW 0E NSITY) PUBLIC ® FINAL MAPS II RESIDENTIAL ® (MEDIUM DENSITY) FLOOD CONTROL ® TENTATIVE MAPS A l- a +y t x I PROJECT LFE SECO <iw9 R ..R6 RtAE5 WRE ,I _ T . ` � IIf.TR.!P y� OETA/L-A aI ERUE �� 'nRo m _ C TVs;: I CITY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 III G) BLIGHTING CONDITIONS C SRIDOE9 HEEDED O SIGNALS NEEDED III m It!i BRIDGE --• STREET •••••FLOOD CONTROL CHANNEL �Y IMPROVEMENTS NEEDED IMPROVEMENTS NEEDED IMPROVEMENTS NEEDED r 11 ME 17 rj ' 101 — O .... ....... Ihl Y I � t e^ ryp pry ft 19 ` 20 1—. 1i•• z� N�( �1 Indian Weis J 1�! an Va C 11 m CITY OF LA QUANTA REDEVELOPMENT PROJECT AREA NO. 2 FLOOD HAZARD AREA 11 V 11 u I - F AIL .1 4 SI .-1 VARING DRIVE - MILES AVENUEi !� [IEltof�to" fIIIII It 1 z - .o ♦ 2 :,♦fA S f vgOJECE6 aP LCOPInix9 55 AVENUE 56 - KJ Q; W U q oErn/L.—A. I CITY OF LA QUINTA mn REDEVELOPMENT PROJECT AREA NO. 2 L7 CIRCULATION SYSTEM C INIMAJOR ARTERIAL —COLLECTOR 120 FOOT RIGHT OF WAY 64-72 FOOT RIGHT OF WAY 31 r ■UNPRIMARY ARTERIAL PROJECT AREA m100-110 FOOT RIGHT OF WAY •• BOUNDARY --SECONDARY- ARTERIAL 04. FOOT RIGHT OF WAY u ATTACHMENT A Definitions of blight and urbanized areas as described in the Community Redevelopment Law, Sections 33030, 33031, 33032 and 33320.1. Section 33030: It is found and declared that there exists in many communities blighted areas which constitute either physical, social, or economic liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of such communities and of the state. A blighted area is one which is characterized by one or more of those conditions set forth in Sections 33031 or 33032, causing a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic or ® alleviated by private enterprise acting alone. U Section 33031: A blighted area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: (a) Defective design and character of physical construction. (b) Faulty interior arrangement and exterior spacing. \Iaquinta\prelrpt\a ac a (c) High density of population and overcrowding. (d) Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities. (e) Age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses. Section 33032: A blighted area is characterized by properties which suffer from economic dislocation, deterioration, or disuse because of one or more of the following factors which cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone: (a) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development. (b) The laying out of lots in disregard of the contours and other topography or Physical characteristics of the ground and surrounding conditions. (c) The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. (d) A prevalence of depreciated values,, impaired investments, and social and economic maladjustment. 40 \Iaquinta\prehpt\atlacha Ul 11 APPENDIX I EXHIBITS 3 THROUGH 7 11 r] Land Use Category Community Noise Exposure Ldn or CNEL. .: Residential Density a - Family, Duplex. Mobile Homes aaiaii. i Residential - Multiple Family aaaai Transient Lodging - Motels, Hotels �—��iaaai aaaii Hospitals, Nursing Homes Schools. (�Auditoriums, Concert Halls, Amphitheaters Sports Arena, Outdoor Spectator Sports Playgrounds, Neighborhood Parks WNW Golf Courses. Riding Stables. Water Recreation, Cemeteries iiiriiira►iiiiiirrii 0 Itice Buildings, Business, Commercial and Professional '■�.�—' Industrial, Manufacturing, Utilities. Agriculture Normally ryZ Acceptable Specked L o U. u Srlahaory, 11 x Upon iM Aaaumpaon dW Any IIWldl.p Imaleed art of Normal Cuii e,.. W Coemr.alm, Wuhom My Spinal Noix Ll wm Repri ,.m p,\\\V Conditionally Normally Clearly Acceptable Unacceptable Unacceptable N.w Cmlmrwim or R.elapmenl :Todd E Undm . GNy Aft". 17avled Malyv of the Noix lYducuan Rcq..,w o Mtl end IViceded M. [m nim F,n IoaJud mNe Rven c..�Uantl Cmc>uction, ho wrrh Ooxd 'W'ug and Finaa Are Supply Sya<ma a Au CoMraaunQ, WW Nme W y Su?�o<. New c.n ai.. or De.elo . Shwdd Gcner y 4 Disaounycd. If New Con on a R•dopmem Doe. Raced, a [)coiled Artily= of We Noix Reduawn Rega ,riu Mcm h. MWe v Needed Nor. Inadaaon Feay.a Irrcuded io Ih. I1mry New foawwon ar R•dopmem StwWd GeneNly noc 4 Undcruken. SOURCE: Guidelines for the Preparation and Content of Noise Elements of the General Plan„ California Department of Health, Office of Noise Control, February, 1976. Noise & Land Use Compatability Guidelines Exhibit 3 El !I PM10 In 1987, the Environmental Protection Agency replaced the standard for total suspended particulates (TSP) with a new PM10 standard. PM10 includes only particles 10 microns or less in diameter which are capable of penetrating the body's defense system and reaching the lungs. PM10 exceeded the federal annual standard over a large part of the Basin. The highest annual average PM10 concentration was 80 percent above the standard. PM10 also exceeded the federal 24-hour standard (24-hour average greater than 150 µg/m3) in a large part of the Basin. All locations recorded exceedances of the more stringent state standards (annual geometric mean PM10 greater than 30 µg/m3, and 24-hour average PM10 greater than 501;g/m3). Figure 2-7 shows the 1987 annual average PM10 concentrations in different areas of the Basin. Concentrations were highest in the inland valleys, reaching a maximum at Riverside-Rubidoux (90µg/m'). I I r' 60 I 70 +' 80 _ so ' r _ _....... -- 90 50 4r«'tea`"' :«««««.«.......«............� � . — — — r.dWW Mw \ FIGURE 2-7 PMIO 1987 Annual Average Concentration Compared to Federal Standard (Annual arithmetic mean concentration greater than 50µg/m3) September, 1988 Current Air Quality Exhibit 4 Air pollution levels in the South Coast Air Basin remain high compared to standards set to protect public health. There are six federally -regulated air pollutants. In 1987, four pollutants --carbon monoxide, nitrogen dioxide, ozone, and PM10--exceeded the standards. Lead and sulfur dioxide concentrations met the standards. Figure 2-1 shows the maximum concentrations of each pollutant as a percentage of the federal standards. Sulfate, for which no federal standard exists, is shown as a percentage of the California standard. 300 quo 100 D3 % FEDERAL STANDARD OZONE CARBON PM70 NITROGEN SULFATE' LEAD SULFUR MONOXIDE DIOXIDE DIOXIDE POLLUTANT PERCENT OF STATE,STANDARD FIGURE 2.1 1987 Basin Maximum Pollutant Concentrations As Percent Of Federal Standards Current Air Quality September, 1988 Exhibit 5 A ail,.., 4 DRAFT 1988 AQMP TABLE 3-1 Summary of Emissions By Major Source Categories: 1985 Base Year (tons/day) SOURCE CATEGORY ROG NOx Sox CO Stationary Sources Fuel Combustion 17 Waste Burning 1 Solvent Use 382 Petroleum Process; 81 Storage & Transfer Industrial Processes 24 Miscellaneous Processes 85 Total Stationary Sources 590 Mobile Sources On -Road Vehicles, 578 Other Mobile 78 Total Mobile Sources 656 PM* PM10* 254 18 67 11 10 1 1 4 1 1 1 1 10 27 3 4 3 9 8 6 17 12 11 2 110 1,514 652 285 56 190 1,548 679 620 35 4,752 84 50 135 30 488 13 12 755 65 5,240 97 62 Total 1,246 1,040 121 5,430 1,645 741 `PM and PM10 emissions from paved road dust are listed under stationary sources. September, 1988 Exhibit 6 DRAFT 1988 AQMP TABLE 3-2 Summary of Baseline Emissions For the South Coast Air Basin (tons/day) SOURCE CATEGORY ROG NOx sox CO PM* YEAR 1985 Residential/Commercial/Services 280 142 13 82 210 Industrial/Manufacturing; 310 144 43 108 1,338 On -Road Mobile Sources 578 619 35 4,751 84 Other Mobile Sources 78 135 30 489 13 Total 1,246 1,040 121 5,430 1,645 YEAR 2000 Residential/Commercial/Services 294 164 16 74 261 Industrial/Manufacturing; On Mobile Sources 356 90 53 123 1,855 -Road 257 477 28 3,006 96 Other Mobile Sources 112 173 36 682 15 Total 1,019 904 133 3,885 2,227 Change from -227 -136 +16 -1,545 +582 1985 Emissions YEAR 2010 Residential/Commercial/Services 322 184 19 65 287 Industrial/Manufacturing 377 87 52 140 2,011 On -Road Mobile Sources 326 570 30 3,938 111 Other Mobile Sources 129 192 38 781 16 Total 1,154 1,033 141 4,924 2,425 Change from -92 -7 +28 -506 +780 1985 Emissions *PM emissions from Paved road dust are listed under stationary sources. September, 1988 Exhibit 7 in RULES GOVERNING PARTICIPATION M. OWNERS OF REAL. PROPERTY AND PERSONS ENGAGED IN BUSINESS Jlil,l y LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 June,1988 Prepared for: City of La Quinta Redevelopment Agency 78-105 Calle Estado La Quinta, California 92253 619/564-2246 Prepared by: Rosenow Spevacek Group, Inc. 414 West 4th Street, Suite E Santa Ana, CA 92701 714/541-4585 �J TABLE OF CONTENTS 1.0 GENERAL............................................................................................. 1 2.0 TYPES OF PARTICIPATION................................................................. 2 3.0 PARTICIPATION PROCEDURES.......................................................... 2 A. Determination of Conformance....................................................... 2 B. Participation Agreement................................................................. 2 C. Statements; of Interest.................................................................... 2 4.0 AMENDMENT OF OWNER PARTICIPATION RULES ........................... 3 r� L ® 1.0 GENERAL These Rules are promulgated to implement the provisions of the Redevelopment Plan for the La Quinta Redevelopment Project Area ("Project Area") regarding participation by owners of real property and persons engaged in business in the Project Area. These Rules set forth the procedures governing such participation. The La Quinta Redevelopment Agency would prefer that all such owners and persons engaged in business in the Project Area become actively involved in its improvement and further development. Therefore, the Agency shall extend preference to such owners and persons to continue in or, if the Agency acquires the land of an owner or the land on which a person engaged in business is located, to re-enter the Project Area if any such owner or such person otherwise meets the requirements prescribed in the Redevelopment Plan and in these Rules. Owners of real property in the Project Area shall, as feasible, be given the opportunity to participate in redevelopment by retaining all or a portion of their properties, by purchasing adjacent or other properties in the Project Area, or by selling their properties to the Agency and purchasing other properties in the Project Area. The Agency desires and urges participation in the growth and development of the Project Area by as many owners of real property, persons engaged in business and residential tenants as possible. Participation opportunities, however, may be subject to and limited by factors such as the following: A. The appropriateness of some land uses, (i.e., compatibility with existing and planned uses in the area). B. The realignment, widening, opening and/or elimination of public rights -of - way per the City of La Quinta General Plan, as it now exists or is hereafter amended. C. The removal, relocation, and/or installation of public utilities and public facilities. D. The ability of participants to finance and/or complete proposed developments. E. The change in orientation and character of the Project Area. F. The necessity to assemble areas for public and/or private development. G. Other factors which may be deemed appropriate by the Agency depending on circumstances. If more that one participant desires the same location, the Agency is authorized to establish reasonable priorities and preferences; the Agency is also authorized to formulate and determine a solution through consideration of such factors as the length of time in the area; accommodation of purpose of the Redevelopment Plan ® and these Rules. Participants may also join in partnerships, joint ventures, and �w��d„in\nAnnnn corporations with each other or with others to maximize the participation opportunities. 2.0 TYPES OF PARTICIPATION Participation includes remaining in substantially the same location by retaining all or portions of the property and redeveloping in accordance with the Redevelopment Plan, or by retaining all or portions of the property and purchasing adjacent property and redeveloping in accordance with the Redevelopment Plan. An owner who participates in the same location may be required to rehabilitate or demolish all or part of the existing buildings or the Agency may acquire the buildings only and then remove or demolish the buildings, if they are found to be substandard or not in conformance with the Redevelopment Plan. Participation also includes the Agency buying land and improvements at fair market value from existing owners, and offering other parcels for purchase by such participants. Participation also includes business and residential tenants obtaining preference to re-enter the Project Area if displaced. 3.0 PARTICIPATION PROCEDURES A. Determination of Conformance The Project Area is large and contains many parcels of real property. As a ® result, there is a need to simplify the processing of participation opportunities. Therefore, as an alternative to requiring an owner participation agreement for each property not to be purchased by the Agency, the Agency is authorized to make determinations as to which properties would conform to the Redevelopment Plan if existing buildings and uses remain or if constructed consistent with criteria established by the Agency. B. Participation Agreements The Agency is authorized to enter into owner participation agreements regarding properties not purchased by the Agency. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency may require in order to insure such development and use. Participation agreements will be effective only if approved by the Agency's Governing Board. C. Statement of Interest Before making offers to purchase property in the Project Area, the Agency shall notify the owners of any such properties by certified mail, return ® receipt requested, that the Agency is considering the acquisition of such property. The Agency shall include a form entitled "Statement of Interest in ua4 me �Am ie 2 11 11 Participating" with the notification. Within 30 days of receipt of such notification, any owner interested in participating in the Project Area shall file a "Statement of Interest in Participating'. The Agency may disregard any Statements received after such 30-day period. Any owner or tenant may also submit such a Statement at any time before such notification. The Agency shall consider such Statements as are submitted on time and seek to develop reasonable participation for those submitting such Statements whether to stay in place, to move to another location, to obtain preference to reenter the Project Area, etc. 4.0 AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these Rules after a public hearing scheduled therefore at any meeting held after their adoption but only after notice of such public hearing has been published in a newspaper of general circulation in the City and mailed by first class mail to any one who has submitted a Statement of Interest. V�m�ima\nemmc 3 METHOD OF RELOCATION FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 June,1988 Prepared for: La Quinta Redevelopment Agency 78-105 Calle Estado La Quinta, California 92253 619/564-2246 Prepared by: Rosenow Spevacek Group, Inc. 414 West 4th Street, Suite E ® Santa Ana, CA 92701 714/541-4585 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 METHOD OF RELOCATION INTRODUCTION Section 33352.(d) of the State Redevelopment Law requires that the La Quinta Redevelopment Agency prepare a method or plan for the relocation of families and persons to be temporarily or permanently displaced from the La Quinta Redevelopment Project Area No. 2. While no relocation of businesses or residents is anticipated at this time, it may be necessary for the Agency to undertake relocation actions at some time during the implementation of specific redevelopment projects. As an Agency formed under the provisions of State law, the Agency is required to follow the California Relocation Assistance and Real Property Acquisition Guidelines ("Guidelines") as established in the California Administrative Code, Title 25, Chapter 6. The Agency intends to adopt by resolution these Guidelines as they exist or are amended from time to time as the method of relocation to be followed if relocation actions are needed. A copy of these Guidelines follows for your information. To the extent appropriate, the Agency may supplement those provisions provided in the Guidelines to meet the particular relocation needs of a specific project. Such supplemental policies WILL NOT involve reduction of the relocation benefits required by State Law. VlaqulntaAr=iomem 0 CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES CALIFORNIA ADMINISTRATIVE CODE, TITLE 25, CHAPTER 6 1 11 D E X Article 1. General Sections Page 6000. Order of Adoption 2 6002. Statement of Purpose and Policy 2 6004. Applicability and Supersedure 2 6006. Regulations 3 6008. Definitions 3 6010. Prior Determinations 6 6012. Citizen Participation 7 6014. Prerequisite to Displacement 8 6016. Remedies 8 6018. Priority of Federal Law 8 6020. Severability 8 Article 2. Relocation, Assistance Advisory Program and Assurance of Comparable Replacement Housing Sections 6030. Purpose 8 6032. Relocation Assistance Advisory Program 9 6034. Eligibility 9 6036. Rehabilitation, Demolition, Code Enforcement 10 6038. Relocation Plan 10 6040. Minimum Requirements of Relocation Assistance Advisory Program 11 6042. Replacement Housing Prior to Displacement; Notices to Displaced Persons 12 6044. Temporary Move 13 6046. Informational Program 13 6048. Survey and Analysis of Relocation Needs 14 6050. Failure to Conduct Timely and Effective Survey 15 6052. Survey and Analysis of Available Relocation Resources 16 6054. Last Resort Housing 17 6056. Termination of Relocation Assistance 18 6058. Eviction 18 ® 6060. Evaluation of Relocation 18 -I- Paae Article 3. Relocation Payments 20 Sections 6080. Purpose 20 6082. Relocation Payments by Public Entity 20 6084. Basic Eligibility Conditions 20 6086. Notice of Intent to Displace 20 6088. Filing of Claims; Submission of Tax Returns 20 6090. Actual Reasonable Moving Expenses 20 6092. Actual Direct Losses of Tangible Personal Property 23 6094. Actual Reasonable Expenses in Searching for a Replacement Business or Farm 23 6096. Moving Expenses -- Outdoor Advertising Businesses 23 6098. Alternate Payments -- Individuals and Families t4 6100. Alternate Payments -- Businesses and Farm Operations 24 6102. Replacement Housing Payments for Homeowners 26 6104. Replacement Housing Payments for Tenants and Certain Others 29 6106. Proration of Payments 31 6108. Condition of Replacement Dwelling 31 6110. Certificate of Eligibility 32 6112. Mobile Homes 32 6114. Affected Property 33 Article 4. Last Resort Housing 33 Sections ® 6120. Purpose 33 6122. Determination of Need for fast Resort Housing 34 6124. Development of Replacement Housing Plan 34 6126. Submission of Plan for Comment 35 6128. Determination by Displacing Public Entity of Feasibility and Compliance 35 6130. Implementation of the Replacement Housing Plan 35 6132. Housing Production 36 6134. Jointly Sponsored Development 36 6136. Last Resort Housing in Lieu of Payments 36 6138. Conformity with the Act and Other Statutes, Policies and Procedures 36 Article 5. Grievance Procedures 36 Sections 6150. Purpose 35 6152. Right of Review 36 6154. Notification to Complainant. 37 6156. Stages of Review by a Public Entity 37 6158. Formal Review and Reconsideration by the Public Entity 38 6160. Refusals to Waive Time Limitation 39 -2- Page 6162. 6164. Extension of Time Limits Recommendations by Third Party 39 39 6166. Review of Files by Claimant 39 6168. Effect of Determination on Other Persons 39 6170. Right to Counsel 39 6172. Stay of Displacement Pending Review 39 6174. Joint Complainants 40 6176. Judicial Review 40 Article 6. Acquisition Policies 40 Sections 6180. Purpose 40 6182. Acquisition 40 6184. Notice of Decision to Appraise 43 6186. Time of Offer 43 6188. Notice of Land Acquisition Procedures 43 6190. Notice of Public Entity's Decision riot to Acquire 44 6192. Incidental Expenses 44 6194. Short Term Rental 44 6195. Public Information 44 6196. Service of Notice 44 6198. Nonpossessory Interest Exception 44 LJ 73 -3- sro 400♦ r,•nl CONTINUATION SHIRT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY Of STATE (►w.w.l IN CWw.neo,M C.d. S.efin MOM- A Ghapter b. Relocation Assistance an Real Property Acquisition Guidelines Article 1. General. 6000. Order of Ado tion. This subchapter is adopted pursuant to the provisions o�ection 1 Health and Safety 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. 6002. Statement of Purpose and�Polic . (a) The purpose of the Guide- lines is to assist public entities In the development 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 persons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer dis- proportionate injury as a result of action taken for the benefit. of the public as a whole; and (2) In the acquisition of real property by a public entity, to ensure consistent and fair treatment for owners of real property, to be acquired, to encourage and expedite acquisition by 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 replacement dwell- ings (see subsection 6008(c)) will be available within a reasonable period of time prior to displacement. (d) The Guidelines are intended to establish only minimum requirements for relocation assistance and payments. They shall not be construed to limit any other authority or obligation which a public entity may have to provide additional assistance and payments. (e) The Act and the Guidelines are intended for the 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 designed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent. 6004. Applicability and Supersedure. (1Except 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 defined in Public Resources Code, Section 30103, Stats. 1976, c. 1330) for use as park lands or open space, the provisions of the Guidelines speci- fically relating to last resort housing shall not be effective until January 1, 1978. STO 400A to.71, CONTINUATION MIT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►unuam to Ge.arawam Cad, SMi" 11300.1) (b) These Guidelines supersede those adopted by the commission of housing and Community Development on October 17, 1973. The guidelines so superseded shall not apply to any displacement or acquisition occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall 46 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 obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines. For the purpose of this section 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 last resort 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. 6006. Regulations. (a) Each public entity before undertaking or partici- pating in activity which will result in the displacement of persons shall adopt rules and regulations that implement the requirements of the Act, are in accor- dance with the provisions of the Guidelines, and prescribe additional procedures 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 Guidelines. 6008. Definitions. The following terms shall mean: Acquisition. Obtaining ownership or possession of property by lawful means. Business. Any lawful activity, except a farm operation, conducted primarily: (1) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, 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, resale, manufacture, process- ing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. Lc) Comparable Replacement Dwelling. A dwelling which satisfies each of the following standards: (1) Decent, safe and sanitary (as defined in subsection 6008(d)), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, 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 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 displaced -3- Sao STD. 400A I8.TtI CON TINYAMN SNIIT FOR RUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE LJ tr...... to o..... ce" s..x« 11360.1) person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility require- ment if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environ- mental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental character- istics, 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 or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relative, friends, services or organizations with whom there is an existing dependency relationship. (3) Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title V111 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 recurring expenses) minus any replacement housing payment available to the person (as provided in sections 6102 and 6104) does not exceed twenty- five percent (25%) of the person's average monthly income (as defined in subsection 6008(l)). A replacement dwelling is within the financial means of a displaced person also if the purchase price of the dwellin including related increased interest costs and other reasonable expenses ?as described in section 6102) does not exceed the total of the amount of just compensa- tion provided for the dwelling acquired and the replacement housing paymert 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. (, Decent Safe and Sanitary. (1 Housing n sound, clean and weather tight condition, in good repair and adequately maintained, in conformance with the applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following minimum standards: (A) Each housekeeping unit shall include a kitchen with a fully usable sink, a stove or connection for a stove, a separate and com- plete 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. -4- . c =.. STU 400♦ CONTINUATION SNSST FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (h.nueN 1e Oewreeuue, Cede Seeliw 11000.1) (2) When the term decent, safe and sanitary is interpreted, under local, state or federal law, as establishing a higher standard, the elements of that higher standard, which exceed the provision of paragraph (1) of this subsection, are incorporated herein. tment. Department of Housing and Community Development. Ulgjr Dis lacedPerson. Any person who moves from real property, or.who movess personal property from real property, either as a result of the acqui- sition 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 displaced 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 carry out the public use. (1) Dwelling. The place of permanent or customary and usual abode of a person, including a single-family 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 nonhousekeeping unit, a mobilehome, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment for moving and related expenses (as provided in section 6090). Lh) Economic Rent. The amount of rent a tenant or homeowner would have to pay far a dwe ing similar to the acquired dwelling in a comparable area. L) Elderl Household. A household in which the head of household or spouse is 6 years or o der. (,i) Family. Two or more individuals who by blood, marriage, adoption, or mutual consent live together as a family unit. (k) Farm Operation. Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products 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 parents or adult heads of household, less the following: (1) A deduction of $500 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, defined for this purpose to mean medical expenses in excess of three percent of total income, where not compensated for or covered by in- surance 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 determined 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 released. Gross income is divided by twelve to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for the determination of financial means. Ro. ♦OOA urn !OOMNYATION 51111T FOR FILING ADMINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (R,nv.m N Oewr moot cod. Sulbe 11310.1) ® (m) Ha�ndicaFDed- Household. A household in which any member is handi- capped or ism (n) Initiation of News. The initial written offer made by the acquiring ent�t�y to the owner off real property to be purchased, or the owner's representative. (9.) Mobile Home. A structure, transportable in one or more sections, which is bum aon permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A self-propelled vehicle is not a mobile home. (P) Mo�rtga_ge. !Such classes of liens as are commonly given to secure advances on, o e unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (g) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: 1) A fee title. 2) A life estate. (3) A 50-year lease. (4) A lease with at least 20 years to run from the date of acqui- sition of the property. (5) A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling. (6) A proprietary interest in a mobilehome. (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 ownership, but ® not occupancy, of the succeeding owner shall include the tenure of the preced- ing owner. = _r) Person. Any individual, family, partnership, corporation, or asso- ciation. a (s) Public Entice. Includes the state, the Regents of the University t of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in S the state when acquiring real property, or any 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. Nil. Prior Determinations. (a) Displacement. No public entity may proceed with any pie of a project or other activity which will result in the displacement of any person, business or farm until it makes the following determinations: (1) fair and reasonable relocation payments will be provided to eligible 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 procedures, including grievance proce- dures, provided for in these Guidelines. -6- .,...,k...,. _ 51c •coy CONTINUATION SNSSi FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Mnvom to Govemn.M Cad, Stolen 11380.11 (4) Based upon recent survey and analysis 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 reasonable 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 status, 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 project or any other activity which will result in the acquisition of real prcperty until it determines that with respect to such acquisition and to the greatest extent practicable, (1) Adequate provisions have been made to be guided by the pro- visions of Article 6 of the Guidelines, and (2) Eligible persons will be informed of the pertinent benefits, policies and requirements of the Guidelines. 6012. Citizen Participation. (a) All persons who will be displaced, neighborhood groups and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in 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 organ- izations in the displacement area to form a relocation committee. The com- mittee shall include, when applicable, residential owner occupants, resi- dential tenants, business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are 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 advice of resi- dents and community organizations and make the relocation plan available to such persons and organizations prior to 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 reloca- tion program. A public entity may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is pro- hibited 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 effect the right of the person to which the information relates (or any other person author- ized in writing by such person) to inspect such documents. (2) The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. rl -7- 1*D. •ooA (nn) tONTINYATION SMIIT FOR RUNG ADMINSTRATIVE REGULATIONS WITH, THE SECRETARY OF STATE (tw M Is Oe ffl Code set"" 11710.1) ,] (3) The right to submit written or oral comments and objections, including 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 p=Tic en ,ty as u i e the obligations imposed•by the Act and Guide- lines. 6016. Remedies. (a) If the public entity has not fulfilled or is not subs tantialIY—T7 711 Ing its relocation responsibilities, it shall cease dis- placement until such time as its responsibilities are fulfilled. When appropri- ate project implementation shall be suspended or terminated. (b) Eligible persons who move without offers of assistance and benefits, 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 attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a suc- cessful administrative appeal or judicial action. (d) The enumeration of remedies in this section is not intended to discourage or preclude the use of other remedies consistent with the intent of the Act and Guidelines. Rather a public entity is encouraged to consider and adopt other remedies. 6018. Priority of Federal Law. If a public entity undertakes a project with Te3ein ral ancia assistance and consequently must provide relocation assistance and benefits as required 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. 6020. Severabilit . If any provision of the Guidelines or the applica- tion thereof ss he invalid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the in- valid provision or application, and to this end the provisions of the Guide- lines are severable. Article 2. Relocation Assistance Advisory Program and Assurance of comparable Replacement Housing 6o30. Purpose. The purpose of this part is to set forth requirements with respect to t e evelopment and implementation of a relocation assistance advisory program for the provision of specified services and to prescribe the obligation of a public entity not to displace or cause the displacement of any person from his dwelling without adequate notice and unless comparable replacement housing is available. -8- ... _:. SID 400.. CONTINUATION SM!!T FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►anaaM ro Ci *'M"w Coda swig I IS80.1) 6032. Relocation Assistance Advisory Program. Public entities shall develop and implement a relocation assistance advisory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 40 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 as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that (a) all persons displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing, and (b) all persons displaced from their places of business or farm operations are assisted in reestablishing with.a minimum of delay and loss of earnings. 6034. Eligibility. (a) Relocation assistance and benefits shall be availa6Te to: (1) Any person who occupies property from which he will be displaced. 2) Any person who will move from real property or will move his personal property from real property, because he will be displaced from other real property on which he conducts a business or farm operation. (3) Any person who moves from real property as a result of its acquisition 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 property is subsequently acquired by the public entity; if it is not acquired, such a person, at the discretion of the public entity, may be declared eligible. (5) Any person who moves as the result of pending acquisiton by a public entity either following receipt of a Notice of Intent to Displace (see section 6086) or as a result of inducement or encouragement 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 public entity that the property has been acquired for a public use and will be available as housing only in the interim between acquisition and development and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. When post -acquisi- tion tenants are so informed 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 projected date of displacement and, periodically, should inform post -acquisition 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 assistance and benefits, except where they are evicted in accordance with the provi- sions of section-6058. (2) When the displacement of a post -acquisition tenant causes a hardship for that person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or other circumstance, 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. -9- 37D 400• isnn CONTNWTION SNSQ POR PIING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (F,,"nt N Gawrnw,M Cade Sec -Nan I ISS0.1) ® (3) Where a public entity, on property it owns, is making housing available on a permanent basis (i.e., not pending development), a post - acquisition tenant who moves as the result of a written order from the ifblic the orderytoovacateeissrelateditofarp anototion demolishstance and benefits or-rehabilitate such units. Sale of such units to a private person establishes eligibility without need.for a written order to vacate. 6036. Rehabilitation Demolition Code Enforcement. If a public: entity, Undertakes a rehabi itation or demolition program or enforcement of building codes and as a result a person or business is displaced from privately owned property, the public entity may provide assistance and benefits, but 'it is not required to do so. If a person or business is displaced by such an undertaking from property acquired by a public entity, the public entity shall provide assistance and benefits. 6038. Relocation Plan. (a) As soon as possible following the initia- tion of negotiioratT ns and prior to 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 displace- ment, the requirements of this section 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 required by section 6048) and a detailed explanation as to how these needs are to be met., (4) A written analysis of relocation housing resources (as required by section 6052). (5) A detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible g 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 displaced (as required by section 6046). (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 resources will be available as required. -10- _t 5-c .00. ens CONTINUATION SHIAT- FOR FIUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (► ,"M to Oow,nm ., Cod. sM4a. 11380.1) 8 (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 1, Subchapter 5.) (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 for review to the reloca- tion committee and the department 30 days prior to submission to the local legislative body or head 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 designed to reach the occupants of the property; it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval. 6040. 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 following the initiation of negotiations for a parcel as to the avail- ability of relocation benefits and assistance and the eligibility require- ments therefor, 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 sec- tion 6048. (3) Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing, meeting 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 com- parable 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 pay- ments and benefits. (6) Assist each eligible, displaced person to obtain and move to a comparable 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 re- placement dwelling standard, the public entity has not fulfilled its obligation to assist the displaced person to obtain such a dwelling. Whenever this occurs the public entity shall offer to locate such a dwelling for the 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 assistance and benefits on the basis of that unit's failure to satisfy the comparable replacement dwelling standard. C �J STO •OOA 16.711 11 Ll S CONTINUATION ENIET FOR HUNG ADMINISTRATIVE RIGULATIONS WITH THE SECRETARY OF STATE (►unw.M ti 0ew.eeleo Code Lelice 117E0.1) (7) Assist each eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location. (8) Provide any services required to insure that the relocation process does not result in different or separate treatment'on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. (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 programs, offering assistance to displaced persons. (10) Provide other advisory assistance to eligible persons in order to minimize their hardships. It is recommended that, as needed, such assistance 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 number of persons will be dis- placed and the relocation staff's office is not easily accessible to those per- sons, 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 office during normal business hours. (c) Each displacing entity shall establish and maintain a formal griev- ance procedure for use by displaced persons seeking administrative review of the entity's determinations. The procedure shall be in accordance with the requirements of Article 5. 6042. Re lacement Housin Prior To u1s iacemenr notices io u15idutu Persons. (a No eligible person shall be required to move from his dwelling unless within a reasonable period of time prior to displacement comparable re- placement 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 person. (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 criteria set forth in the Guidelines. The offers shall be in writing, in a language understood by the displaced person. The number of offers determined to be reasonable should be not less than three. (d) Notice. No eligible person occupying property shall 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 owner -occupant. (These requirements are in addition to those contained in sections 6040 and 6046.) -12- S-0 •004 CONTINUATION SHIIT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Vonobo to C.,""w Coda Soch." 11380.1 (e) Waiver. The requirement in subsection (a) above may be waived only when immediate possession of real property is of 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 or state emergency. 6044. Temporary Move. (a) General. (1 pub is 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 relocation 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 public entity to provide relocation assistance, services and benefits designed to achieve permanent relocation of displaced persons into com- parable replacement dwellings. (b) Requirements. (1) Temporary replacement housing may not be relied upon if compara- ble 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 to extend the 12 month limitation but, if they do not, the public entity shall ensure that comparable replacement dwell- ings are available within the 12 month period. (B) Comparable replacement housing will be made available, on a priority basis, to the individual or family who has been temporarily rehoused. (C) The move to temporary housing will not affect a claimant's eligibility 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 reloca- tion payments to which a displaced person is entitled. (0) 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 estab ish and maintain an information program that provides for the following: r 1 U -13- _ e FTC e00A fe-7-1 CONTINUATION SNSST FOR RUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Nmoen n, G~ftwen, code Section 11380.1) D (1) Preparation and distribution of informational material as early as practicable, to each occupant of the property. This material shall be distributed within 15 days following the initiation of negotiations (see paragraph 6040(a)(1)) and not less than 90 days in advance ,of displace- ment except for those situations described in subsection 6042(e). ' Where appropriate, separate informational statements shall be prepared for resi- dential 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, newsletters, and other mechanisms, including local media available to all persons, for keeping occupants of the property informed on a continuing basis. The criterion for selecting among various alternatives shall be the likelihood of actually communicating information 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- guage 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 native 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 material, the local agency should arrange to have the material either hand -delivered 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 dis- placing entity should include any additional information that it believes would be helpful. (See Attachment A.) 6048. Surve and Anal sis of Relocation Needs. 7(1 equirement. mme late y following the initiation of negotiations interview all eligible persons, business concerns, including nonprofit organ- izations, and farm operations to obtain information upon which to plan for housing and other accommodations, as well as counseling and assistance needs. (2) Coordination with Other Agencies. Other agencies may also be con- ducting surveys in the area at the same time. Coordination will be necessary to avoid duplication and to ensure that necessary information -is available at 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 discuss fully with each person interviewed the purpose 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 information and assistance. -14- o ... STD •00•e.in CONTINUATION small FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE ^► .M to Geeerae. " Cade swi" 11390.1) (4) Relocation Records. Based on information obtained during the survey 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 repeated efforts indicate that is not possible. When a person cannot be in- terviewed or the interview does not produce 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 updated at least annually. (c) A public entity shall endeavor to obtain the following information: income; whether a person i@ elderly or handicapped; size of family; age of children; location of job and factors limiting accessibility; area of preferred 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 trans- portation and schools) and neighborhood conditions (including municipal ser- vices). Other matters that concern a household 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 avail- ability for all potential displacees of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning homeownership and rental units shall be provided separately. The number of units needed shall be identified by cost for each size category. 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 facilities. 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 employment sources, medical and recreational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amen- ities is essential to ensuring that no residents are incapacitated by the relocation and such information also should be provided. 6050. Failure to Conduct Timel and Effective Surve . When a survey is not conducted in a timely an a fective manner, the pub is 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 accurately determined. The public entity shall offer such persons all relocation assistance and benefits for which they otherwise qualify and, in addition, shall compensate such persons for all costs occasioned by the entity's failure to provide timely notice and offers of relocation assistance and benefits. u STD 400A ic.n) COOMNYATNNi SH997 FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE �J (►YwwM 10 13~r M Ceb LcH" 11390.1) 6052. Survey and Analysis of Available Relocation Resources. (a) (1) To enable a public entity reasonably to determine that the requisite comparable replacement dwellings will be available, the public entity, within 15 days following the initiation of negotiations, shall initiate a survey and analysis of available comparable relocation re- sources. If a recent survey that provides the information identified in this section 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 survey shall be updated or it shall not be relied upon. (2) When more than 25 households will be displaced, survey results shall be submitted for review 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 characteristics (see subsection 6008(c)) which equal or exceed those of the neighborhood from which persons are to be displaced. (c) A written analysis of relocation housing resources shall be prepared in sufficient detail to enable determination of the availability for all poten- tial displacees of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning homeownership and rental units shall be provided separately. The number of units available shall be identified by cost for each size category. Resources available to meet the needs of elderly and handicapped household's shall be shown separately and shall include information on the number of units with special facilities and the nature of such facil- ities. The analysis of resources shall include a description of the locational characteristics of the survey area neighborhoods corresponding to the require- ments of comparable replacement housing. Information shall be provided con- cerning proximity to present employment sources (with the consent of the displaced person a potential employer may be substituted), medical and re- creational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities is essential to ensuring that residents are not incapacitated by the relocation and such information should also be provided. (d) (1) Units which do not satisfy the standards of comparable replace- ment housing, including the locational criteria, shall not be counted as a relocation resource. (2) 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 available shall be discounted to reflect both concurrent displacement and the extent to which turnover is represented. Concurrent displacement by the federal government and its agencies, including federally -assisted projects, as well as displacement by other public entities shall be taken into account. Turnover is the 1 -16- STD aDo. ..n S CONTINUATION SNIIT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►en..m to Gewm.nt Cede Se9ien 117/0.1) dynamic operation by which occupancy changes occur within a standing inven- tory over a period of time and theoretically could occur in the complete absence 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)) re- presents 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 figure is a more accurate assumption. (4) Publicly subsidized housing, including public housing, shall not be counted as 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 writing, a reasonably binding commitment of assistance; and (C) The units have been inspected and determined 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 number 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 resort housing will be developed as required the public entity must have site control with permissive zoning, pre- liminary plans and conditional commitments for subsidy and financing or the equivalent. The public entity also must identify ownership. (c) Uncompleted new construction or rehabilitation which is subsidized by public funds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. 6054. Last Resort Houses. (a) No eligible person shall be required to move Trom his weiling because of the action of a public entity unless compara- ble replacement housing is available to him. (b) If on the basis of its survey and analysis of relocation needs and resources a public entity cannot determine that comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project or other activity which will result in displacement unless it provides such housing. (See Article 4.) (c) If the action of a public entity has resulted displacement and comparable replacement housing is not public entity shall use its funds, or funds authorized such housing (see Article 4), or shall terminate or sus of the project activity in accordance with the provisio (d) Temporary relocation resources may be relied if the provisions of section 6004 are satisfied. _17- or is resulting in available as needed, the for the project to provide pend further implementation ns of section 6018. upon in the interim only STO 400A,8-111 CONTINUATION SHIRT FOR HUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►W "m N 09w M Cod, SwN" 1I380.1) Ll 8 11 6056. Termination of Relocation Assistance. A public entity's reloca- tion o lb igations cease under the following circumstances: (a) A displaced iperson 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 reasonable 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 displaced person shall not lessen the obligation to provide last resort housing. (See 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 or farm refuses reason- able offers of assistance, payments and comparable replacement housing. 6058. Eviction. (a) Eviction is permissible only as a last resort. It in no way affects the eligibility of evicted displaced persons for relocation payments. Relocation records must be documented to reflect the specific cir- cumstances surrounding the eviction. (b) Eviction shall be undertaken only for one or more of the following reasons:. (1) Failure! to pay rent, 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 or retaliatory action or is the result of discontinuation 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 reason- able time following notice. (5) Refusal! to accept one of a reasonable number of offers of replacement dwellings. (6) The eviction is required by State or local law and cannot be prevented 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, assessing the quality and quantity of services provided as well as diisplacee satisfaction, to determine the adequacy of pro- gram planning and to ascertain whether any persons have been denied the full benefits and services to which they are entitled. The evaluation should be based upon an annual or continual inspection of files and records, case inter- views, and inspection of replacement housing and business and farm replacement locations and discussions with local individuals or organizations familiar with relocation issue's. 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 cases 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 review. -18- ...,..,.:...... _. FOR FILING ADMINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Nmoom to Cq r.e,enf Code Section I1080.1) (1) The relocation sample should include cases In wnicn ali pay- ments have been completed and cases in which the person has been displaced but all payments have not yet been made. The sample should provide a basis for the reviewer to determine not only whether payments were computed properly and made promptly, but also whether displaced persons received proper notice of the full range of relocation assistance and services to which they are entitled. Priority attention should be given to cases in which a grievance has been filed or the agency has determined that a person is ineligible for relocation benefits. (2) The acquisition sample should be based on cases in which settle- ment has been completed. However, if necessary to provide a representa- tive sample of acquisition activities, the reviewer should include in- complete 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 displaced persons and/or owners and the inspection of housing to which persons have moved. The interviews and housing inspections should serve both to spot check the accuracy of the information obtained in the examination of the records and files and give the reviewer a better perspective on the agency's performance. The number and type of cases for which interviews and housing inspections are to be carried out should reflect the reviewer's judgment based on the informa- tion he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five cases for which the files and records have been reviewed. Only where the number of persons displaced is less than 25 should the number of interviews and inspections be less than 10. In no case should the number of interviews 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 workload: e.g., relocation cases involving families of various sizes as well as individuals and business concerns (including both owners and tenants), and acquisition transactions involving residential, commercial and industrial properties. (d) In addition to the above, the following factors are among those which should be considered: (1) The effectiveness of efforts to provide relocation services to displaced persons, including timeliness of notice and correctness of eligibility 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 minimized. (4) The effectiveness of efforts to provide relocation services to business concerns, including counseling services and SBA loans to aid in their reestablishment. (5) The promptness of processing claims and the making 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 resolve difficulties ex- perienced by site occupants. (8) The effectiveness of the public entity's grievance procedures. (9) The extent of resident involvement in planning the relocation program. El -19- ... ,_ 1 STo 400♦ le-71) N>,IrMUATHM /MIIT FOR FILING ADMINSTRATIVE REGULATIONS WITN THE SECRETARY OF STATE (Iw.eee, to 19e.ecese.e1 Cede SecNea 11380.1) ® (10) The effectiveness in assuring equal opportunity for displaced persons and in reducing patterns of minbrity-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 counseling services, in helping residents adjust to relocation and in helping solve individual and family problems. (13) The impact on those segments 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, an eligibility criteria for, relocation payments to displaced persons. Basic eligibility conditions are set forth in section 6084. Speci- fic conditions relating to particular payments are described in later sections. 6082. Relocation Payments by Public Entity. A public entity shall make relocation payments to or on behalf of eligible displaced persons in accordance with and to the full extent permitted by this Article. The obligations des- cribed in this Article are in addition to those in Article 6. U 6084. Basic Eligibility Ionditions. A person establishes basic etigi- ;I bility for relocation payments if he satisfies the conditions described in section 6034. A person who moves from real property or who moves his personal property from real property because he will be displaced from other real property on which he conducts a business or farm operation, establishes eligibility on the basis of the move from such other property only fo1 payments made pursuant to section 6090. S6086. Notice of Intent to Disolace. A public entity may issue a written Notice of Intent to Displace at any time after forming a reasonable expecta- tion 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. 6088. Filin of Claims- Submission of Tax Returns. All claims filed with the pub7c entity shall be submitted within eighteen 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 displacing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be re- quired to submit a copy of his tax returns in support of a claim for reloca- tion payments. 6090. Actual Reasonable Moving Expenses. (a) General. A public entity shall make a payment to a displaced person who satisfies the pertinent eligi- bility requirements of section 6084 and the requirements of this section, for actual reasonable expenses specified below and subject to the limitations set -20- . FOR HUNG ADMINSTRATIVEREGUTATIONS WITH THE SECRETARY OF STATE (OWeaaa, to OowrmaaM Coda Saoiaa 110/0.1) N 8 forth in subsection (c) of this section for moving himself, his tamiiy, business, farm operation or other personal property. In all cases the amount of a pay- ment 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 beyond 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 exceed 12 months, as determined by the public entity to be necessary in connection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolen or damaged (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 utilities for starting utility service. (b) Actual Reasonable Moving Expenses -- Displaced Business Concerns and Farm Operations. In addition to those compensable expenses set forth in sub- section (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, directly related to displacement and subject to the limitation imposed by paragraph (b)(2), of: (A) Any addition, improvement, alteration or other physical change in or to any structure or its premises in connection with w the reassembling, reconnection or reinstallation 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 physical 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 replacement location or modifying the power supply. (2) Claims for payment under this subsection shall be subject to the following 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 reestablish- ment of the displaced business or farm. (C) The cost could.not be avoided or substantially reduced at an alternate available and suitable site to which the business was referred. (D) The public entity shall deduct, on the basis of a reason- able estimate, the amount, if any, realized by the displaced business concern as compensation for comparable additions, improvements, alter- ations or other physical changes to the structure and premises acquired, as part of the payment made for the acquisition of such structure and premises. -21- s 0 400A r..71' COM MYAMN SN{ST FOR FIUNG ADMINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (FVMM" 09 o.w.. M Cad* S.cfi" 11790.1) 2 a (3) The cost of any license, permit or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment 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 con- sultants' 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, minus any net proceeds received from its sale„ or (2) the estimated cost of moving, whichever is less. (c) Advance Payments. A displaced person may be paid for his anticipated 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 diffi- culties experienced by low and moderate income persons and small farm and business operations. (d) The specific provisions contained in this section are not intended to preclude a public entity's reliance upon other reasonable means of effec- ting a move, including contracting moves and arranging for assignment of moving expense payments by displaced persons. (e) Self -moves. Without documentation of moving expenses actually in- curred, a dis;laced 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 Fare) 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 disproportionate in relation to its value, the allowable reimbursement for the expense of moving such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received for such property 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. (1) General. Except in the case of a displaced person conducting a self -move as provided in subsection (e) above, a claim for a payment under this section shall be supported by a bill or other evidence of ex- penses incurred. By prearrangement between the public entity, the site occupant, and the mover, evidenced in writing, the claimant or the mover may present 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 requirement is impractical or if estimates in an amount of less than $1,000 are obtained, a claim may be supported by estimates in lieu of bids. -22- :. G eta. e r CONTINUATION $NUT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►u nuaM to 0n.o.tuooet Cad* SoeGae 111/0, 1. 3 di Ni z W a of z; 21 (h) Whenever a public entity must pay the actual cost of meving a dis;',aceo person the costs of such move shall be exempt from regulation by the -uolic Utilities Commission as provided by section 7262(e) of the Act. The Public entity may solicit competitive bids from qualified bidders for perferTnance of the work. Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Commission. 6092. Actual Direct Losses of Tan ible Personal Property. ;aj General. A pub�entlty shall make a payment to a dI placed Person who satisfies the eligibility requirements of section 6090 and this section, for actual direct losses of tangible personal property as a result of moving 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 continuea use at its location 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 effort to sell the property or it may permit the owner not to do so. The proceeds realized from any sale of all or part of the property snail be deducted from the determination of loss. In calculating payment under this section the reasonable cost of an effort to sell shall be adced to the determination of loss. (c) Documentation to Support Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals, certi- fied prices, bills of sale, receipts, cancelled checks, copies of advertise- ments, offers to sell, auction records, and other records appropriate to support the claim or the public entity may agree as to the value of the pro- perty left in place. 6094. Actual Reasonable Exoenses in Searchinq for a Replacement Business or Farm. A displaced person who satisfies the pertinent eligibility require- ments of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed $500, 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 searching, based on the hourly wage rate of the salary or earnings of the displaced person or his representative, but not to exceed $10 per hour; and (d) Fees paid to a real estate agent or broker to locate a replacement business or farm. 6096. Movin Ex enses -- Outdoor AdvertisingBusinesses. A displaced person who conducts a lawfu activity primarily for assisting 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. -23- Ll STD. 400♦ „.sn CONTINUATION SNIIT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE ^mwro 1a Oa.aranaM Cad. Seol" 11]50.1) En' a 1 6098. Alternate Payments -- Individuals and Families. A person or family, who is Tisplace�from a dwe- ing and is eligible for a payment for actual rea- sonable moving expenses under section 6090, may elect to receive and shalt be paid, in lieu of such payment: (a) A moving expense allowance not to exceed $300, and determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation, and (b) A dislocation allowance of $200. 6100. Alternate Payments -- Businesses and Farm Operations. (a) General. (1 A person who is displaced from his place of business or farm operation and is eligible for payments under sections 6090, 6092, 6094, or 6096, and complies with the requirements of this section, may elect to receive 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 including a business as described in section 6096) as determined in accordance with subsection (b) below, except that such payment shall be not less than $2,500 nor more than $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 le al entities. (2) Loss of Goodwill. When payment under this section will precede settlement of a claim for compensation for loss of good will under the Eminent Domain Law, the public entity before tendering payment shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedure, Sections 1265.510 et seq. (the Eminent Domain Law, Chapter 9, Article 6 - "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 6090, 6092, 6094, and 6096. Failure to provide such written statement and explanation shall consti- tute a conclusive indication that no portion of the payment is considered 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 section unless the public entity determines that: (1) 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 nature of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitable relocation 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 engaged in the same or similar business. Whenever the sole remaining facility of a business which has been displaced from its principal location: -24- . L :.. STO aOOA 4�1� CONTINUATION SMSST FOR HUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE ('VHYOM 10 GM r1."M COAO SMIM 11350.1)- 8 (A) Has been in operation for less than two years; (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 than $1,000 during the two taxable years prior to the displacement of the major component of the business, the remaining facility will not be con- sidered another "establishment" for purposes of this section; and (3) The displaced business: (A) Had average annual gross receipts of at least $2,000 during the two taxable years prior to displacement; or (B) The displaced business had average annual net earnings of at least $1,000 during the two taxable years prior to displacement; or (C) The displaced business contributed at least 33-1/3 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 prior to displacement is not representative of average receipts, earnings or income, it may make use of a more representative period. (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 are shared. (2) The extent to which substantially identical or intimately inter- related business functions are pursued and business and financial affairs are commingled. (3) The extent to which such entities are 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. (d) 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 part of the farm operation, the operator will be considered to have been displaced from a farm operation if: the part taken met the definition of a farm operation prior to the taking and the taking caused such a substantial change in the nature of the existing farm operation as to constitute a displacement. (e) Requirements -- Nonprofit Organizations. In the case of a nonprofit organization, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a substan- tial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, per- sons, 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. -25- "TG 400A u-Tn ROWINYATION SI/3ST FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE rl 1 u i z 0 z S (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 during such other period as the head of the public entity determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or hi.s dependents during such -period. The term "owner" as used in this section includes the sole proprietor in a sole proprie- torship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the public entity. For purposes of deter- mining a principal 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 under this section, he shall provide proof of his earnings from the business or farm operation to the agency concerned. Proof of earnings may be established by income tax returns, financial statements and accounting records or similar evidence acceptable to the public entity. 6102. Replacement Housing Payments for Homeowners. (a) General. A public entity slall mace to a person who is displaced from a dwelling and who satisfies the pertinent eligibility requirements of section 6084 and the condi- tions of subsection (b) of this section, a payment not to exceed a combined total of $15,000 for: (1) The amount, if any, which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost, as deter- mined 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 circum- 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 increased interest costs, as determined in accordance with subsection (c), he is required to pay for financing the acquisition of a replacement dwel.ling. The payment shall not be made unless the dwelling acquired by the public entity was encumbered by a bonafide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initation of negotiations 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 purchase of the replacement dwelling. (4) In accordance with section 6106, the cost of rehabilitating a dwelling which does not satisfy the decent, safe and sanitary standard. (b) Eligibility Conditions. (1) A displaced person is eligible for payment under this section if such person: -26- S-0 400• CONTINUATION 51411T FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (PYOYYO, to Gew,mua,.M Coda Sectim 11550.1) (A) Is displaced from a dwelling that is acquired; (B) Has actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acqui- sition; and (C) Purchases and occupies a replacement dwelling within one year subsequent to the date on which he received final payment from the public 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 satisfies all but the 130 day requirement and can establish to the satisfaction of the public entity that he bought the dwelling with the intention of making it his place of residence, 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 for reasons beyond the control of the displaced person completion 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 displaced person enters into a contract for such construction, rehab- ilitation, or relocation or for the purchase, upon completion, of a dwelling to be constructed or rehabilitated, if, in fact, the displaced person occupies the replacement dwelling when the construction or re- habilitation is completed. (4) Where, for reasons of hardship or circumstances beyond the control of the displaced person, such person is unable to occupy the replacement dwelling by the required date, the public entity may extend the deadline 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 occupancy requirements. (c) Computation of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. (A) In determining the reasonable cost of a comparable replace- ment dwelling, the public entity concerned shall use one of the fol- lowing methods: 1. Comparative Method. On a case -by -case basis by deter- mining 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 comparative method is not feasible, it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings. If more than one entity is administering a project causing displacement in the area, it shall cooperate with the other entities in establishing a uniform schedule for the area. The schedule shall be based on a current J _27_ _ STO AOOA i0.711 COPMNOATION SHIRT FOR HUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►um"M to Oe "M Code Sft-Noa 113S0.1) L, 1 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 confined to the sub -area from which persons are displaced or may cover several different sub -areas, If they satisfy or exceed the criteria listed in subsection 6008(c). To.assure the greatest comparability of dwellings in any 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 deter- mines 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. (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 replacement dwelling, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for purposes of this paragraph shall be the lesser of the remaining term and amount of the mortgage on the acquired dwelling, or the actual term and amount of the mortgage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt service cost based on the cost required for a 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 under this section shall include the amount necessary to reimburse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limited to the following: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paled incident to recordation; lender, FHA, VA or similar appraisal cost; FHA, VA or similar application fee; cost: for certification of structural soundness; credit report charges; charge for owner's and mortgagee'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 expenses shall be reasonable and legally required or customary in the community. Reimbursement shall not: be made under the provisions of this paragraph for any fee, cost, charge, or expense which is determined to be a part 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. -28- 11. id.... o S*D •00♦ ems CONTINUATION LN[{T FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►en„anf to 0"ern~t Code Sedi" I1380.1) (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 compara- ble one -family unit in a multi -family building of approximately the same density or 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 single-family structure. (e) Owner Retention. (1) If a displaced homeowner elects to retain, move, and occupy his dwelling, the amount payable under this 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 sani- tary deficiencies, if any, and the actual purchase price of a comparable relocation site. A public entity may limit the payment made under this subsection to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. (2) The payment shall not exceed $15,000. (f) Provisional Payment Pending Condemnation. If the exact amount of a replacement housing payment cannot be determined because of a pending condem- nation suit, the public entity concerned may make a provisional replacement housing payment to the displaced 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 agreement that upon final adjudication of the condemnation suit the replace- ment housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price 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 determined by the court is less than the maximum offer upon which the provisional replacement housing �. payment is based, the difference will be paid to the homeowner. (g) Lease of Condominium. For the purposes of this section, the leasing 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 most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Welfare, shall be deemed a purchase of the condominium. 6104. Replacement Housing Payments for Tenants and Certain Others. (a) Genera- A pu is entity sh__aTT make to a displaced person who satisfies the eligibility requirements of section 6084 and the conditions of subsection (b) below, a payment not to exceed $4,000 for either: (1) An amount, computed in accordance with paragraph (d)(1) of this section, necessary to enable such person to lease or rent a replacement dwelling for a period not to exceed 4 years; or (23 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 incidental expenses des- cribed in section 6102). If such amount exceeds $2,000, the displaced person shall equally match any such amount in excess of $2,000 in making the downpayment. E *TO 400A inns CONTINUATION SNSST POR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE ii , 8 11 (►en,ww to Gevernn,ew Code Secdeo 11550.1) (b) Eligibility Conditions. A displaced person is eligible for the 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 not less than 90 days prior to the initiation of negotiation for acqui- sition of such dwelling. (2) Is not: eligible to receive a replacement housing payment for homeowners under section 61.02 or elects 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 payment 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 dwelling9. (c) The provisiions 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 comparable 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 (as determined in accordance with this subsection): Provided, that in no case 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) (lase Monthly Rental. The base monthly rental shall be the lesser of the average 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(l).) Where the displaced person was the owner of the dwelling from which he was displaced or was not required to pay rent for that dwelling, the economic rent (see subsection 6008(h)) shall be used in lieu of the average monthly rental to calculate base monthly rental. (8) Comparable Rental. The monthly rental for a comparable replacement: dwelling shall be the amount of rent determined by the public entiity 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 replacement 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 a downpayment 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 entity. -30- SID 100A,.m CONTINUATION INERT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (hneanl ro Oo.eenmew Code seefie. 11]10.1) (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 specified in subsection (b) is eligible for the payment specified in paragraph (a)(1). (2) Dependents. A dependent who is residing separate and apart from the person or family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under this section, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. At the time the displaced dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes of this paragraph a 'dependent' shall be a person who derives fifty-one percent or more of his income in the form of gifts from any private person or any academic scholarship or stipend. Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that fifty percent or more 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 are a part shall not be entitled to any payment except as a part of the family. (f) Disbursement. Except where specifically provided otherwise, the public entity shall have the authority to disburse payments under this section in a lump sum, monthly or at other intervals acceptable to the displaced person. 6106. Proration of Payments. For the purpose of calculating an alternate payment under section 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 single-family dwelling with an owner -occupant and paying the owner -occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental supplement otherwise payable. The owner -occupant shall not be required to share the payment to which he is entitled or accept a prorated amount. 6108. Condition of Re lacement Dwellin (a) When a displaced person qualifies for a replacement ousing payment under section 6102 or 6104) by purchasing or renting a replacement dwelling, the unit, as a general rule, must be decent, safe and sanitary. There are three exceptions. One is described in paragraph 6040(a)(6). 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 replace- ment 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 effect eligibility for a replacement housing payment. (2) If the purchase of such a dwelling is not the result of a public entity'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 this situa- tion payment shall be limited to the amount that would be provided in connection with the purchase of a similar, comparable replacement dwelling or the sum of the actual costs of acquisition (including related expenses) and rehabilitation, whichever is less. Ell -31- s D 4004 16.711 CONTINUATION SHIRT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY Of STATE (h.nwM N O~amoen, Code SOCH" 11300.1) z_ W a 0 z (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 Eli' ibilit Upon request by a displaced homeowner or tenant who as no yet purc: ase and occupied a replacement dwelling, but who is otherwise eligible 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, assur- ance and payments as a person displaced from a conventional dwelling.. (b) Moving Expenses. If a mobile home is moved to another site, the dis- placed person shall be compensated for moving expenses in accordance 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 housing payment in accordance with section 6102. A person who owns a mobile 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 accordance with section I5104. (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 accordance with sections 6102 and 6104. The payment shall be limited to the lesser of: (A) The amount necessary to purchase a conventional comparable replacement dwelling; and (B) The amount necessary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to rent a replacement 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 paragraph 6104(d)(1)). (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: -32- -Vv FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (N...aM to C.,..om Ced* soli.. 11380,1) (A) If a mobile home is not available the amount required 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 section 6104); or (C) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with section 6104. In calculating this payment, 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 combina- tions of ownership and tenancy upon which a claim for payment might be based. 6114. Affected Pro ert . (a) In addition to the payments required by Section 7262 of the Act see sections 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of acquisition, the public entity shall make a payment to any af- fected property owner meeting the requirements of this section. (b) Such affected property is immediately contiguous to property acquired 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. (c) Such payment, not to exceed fifteen thousand dollars ($15,000), shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of such property. (d) The amount, if any, of actual decline in fair market 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 declines 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 property acquired by the public entity. Article 4. Last Resort Housing. 6120. Purpose. The purpose of this part is to set forth the criteria and procedures or assuring that if the action of a public entity results, or will result in displacement, and comparable replacement housing will not be available as needed, the public entity shall use its funds or funds author- ized for the project to provide such housing. 11 IA -33- "1..,_, ... - STO aooA COM"NU3,TION $MEET FOR PIUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (tinwM M Gew M C.H 3"N" 11330.1) ILI 6122. Determination of Need for Last Resort Housing. If on the basis of data moved romurveys an analyses which satisfy the requirements of sections 6048 and 6052, the public entity is unable to demonstrate that compara- ble 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. 124. Development of Replacement Housin, Plan. (a) General. (1 Following the determination pursuant to section 6122, the head of the displacing public entity shall develop or cause to be developed a replacement housing plan to produce a sufficient number of comparable replacement dwellings. The plan shall specify how, when and where the housing will be provided, how it will be financed and the amount of funds to be diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements for housing management and social services as appropriate, the suitability of the location and environmental impact of the proposed housing, the arrangements for maintaining rent levels appropriate for the persons to be rehoused, and the disposition of proceeds from rental, sale, or resale of such housing. If a referendum requirement or zoning presents an obstacle, the issue shall be addressed. (2) All contracts and subcontacts for the construction, rehabilita- tion or management of last resort housing shall be let without discrimina- tion as to race, sex, marital status, color, religion, national origin, ancestry or other arbitrary circumstance and pursuant to an affirmative action program. The public entity shall encourage participation by minority persons 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, opportunities 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 participa- tion 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 appropriate public groups (for example, 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 be displaced. These representatives may be appointed by the displacing entity or elected by the residents, as the residents wish. Resident repre- sentatives shall, at a minimum, constitute one-third of the committee membership. Votes shall be allocated so that the total votes of resident representatives shall equal one-half of the total votes of the comrittee membership. -34- ......_ ..,. ,..., SID •00. a.vn CONTINYATIVN gnu, FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE tftm,M IQ G..'---M COd' S-iia 1 11360 11 el (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 Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organization having experience in the administration or conduct of housing programs to provide technical assis- tance and advice in the development of the replacement housing plan. 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 local housing and planning agencies for comment 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 6046(b); and it shall be provided 30 days prior to submission to the committee, or the local govern- ing body or head of state agency for approval. . 6128. Determination b Dis lacin Public Entit of reasioiiit ano ..om- lpite. anUpon receipt an cons ration eof 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 pro- cedures. (c) The plan is compatible with the local general plan and housing element and the areawide 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 for timely implementation of the plan or execution of the project, the head of the displacing public entity may shorten the time allowed in section 6126 for review of modifications. 6130. lmnlementation 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, rehab tate, or construct replacement housing pursuant to the approved replacement housing plan through methods including 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 experience in the administration or conduct of similar housing programs. -35- 11 11 s 0 400♦ „•111 CON"NUATWN SUNIT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Nm.ew N. Cwwt.,wom Cade Secgea 113110.1) 6132. Housin Production. The head of the displacing public entity shall monitor7he pro uct ono t e last resort housing to ensure that it is in accordance with the plan. 6134. yJointl, Sponsored Development. Where several agendies are adminis- tering programs resulting in residental displacement, opportunities shall.be sought for joint 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. Last 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 acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. 6LU. Conformity with the Act and Other Statutes, Policies aDig Froce- dur s. (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 seg.), the Rumford Act (Health and Safety Code, Section 35700 et seg.), Section 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982), Title VI of the Civil Rights Act of 1964, Title 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 pursuant to section 6122 and any plan developed and implemented for providing 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 guide- lines for processing appeals from public entity determinations as to eligi•- bility, the amount of payment, and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate temporary replacement housing. Public entities shall establish procedures to implement the provisions of this Article. 6152. Right of Review. (a) Any complainant, that is any person who believes himse aggrieve try a determination as to eligibility, the amount of payment, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property management practices may, at his election, have his claim reviewed and re- considered 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 procedures the public entity shall establish for such review and reconsideration. _36- 570 •ooA a.nh CONTINUATION $"M FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►vnuoet to G~rt#vwont Coda Section 11380.1) (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 guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section may be informal or may follow the pro- cedures outlined in Government Code, Sections 11180 et seq. Before conducting an investigation under the Government Code sections, the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seek judicial review. (c) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may desig- nate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. UL4, Notification to Complainant. If the public entity denies or refuses to consider a c aim, ie pu is entity's notification to the complain- ant of its determination shall inform the complainant of its reasons and the aoplicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English in accordance with section 6046. Wj 6156. Stases of Review by a Public Entity. (a) Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis there- i' fore, if he feels that the explanation accompanying the payment of the claim or Z! notice of the entity's determination was incorrect or inadequate. The public W; entity shall provide such an explanation to the complainant within three weeks aI of its receipt of his request. (b) Informal Oral Presentation. A complainant may request an informal :I oral presentation before seeking formal review and reconsideration. A request gifor an informal oral presentation shall be filed within the period described in subsection (d) of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney 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 public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. (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 complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant's request should be granted. -37_ _ RD AOOA r.nn li.,, u z 0 CONTINUATION SHEET FOR FLUNG ADMINISTRATIVE REGULATIONS WITH TIME SECRETARY OF STATE (PV, 60 N, Oe Mr ftf Ce" SMi" 113S0.1) (d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he naves from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration b the Public Entit (a) General. The public entity sha cons e:r t e request or review and shall decide whether a modification of its initial determination is necessary. 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 inform 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 as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. (b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: (1) All material upon which the public agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. (2) The reasons given by the claimant for requesting review and reconsideration of the claim. (3) Any additional written or relevant documentary material sub- mitted by the claimant. (4) Any further information which the public entity in its dis- cretion, obtains by request, investigation, or research, to ensure fair and full review 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 rests, including any pertinent explanation or rationale. (C) A statement to the claimant of the right to further admin- istrative appeal, if the public entity has such an appeal structure, or if not, a statement 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 ma- terial submitted for consideration by the claimant or the date of the hearing, whichever is later. _38_ .,......:,_,.. __.. STD a00Aenn CONTINUATION BNttT FOR FILING THE S1ECRTETARYEOFESTATEIONS (hnueM ro 0s 1."M Cads 56eli" 1I780.1) (2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public entity shall furnish a written statement to the claimant stating the reason for the dismissal 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 review 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 goo cause by the public entity. 6164. Recommendations b Third�ParrtY. Upon agreement between the claimant an the pu is entity, a mutualiY acceptable third party or parties may review the claim and make advisory recommendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provisions of this ArticTe. 6166. Review of Files by Claimant. Except to the extent the confiden- tiality 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 re- cords bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied 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 estab- lished in all determinations by a public entity shall be considered as prece- dent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determina- f41 and available for public review. tions shall be kept on i e 6170. Right to Counsel. Any aggrieved party has a right to representa- tion by—Tegalror of er counsel at his expense at any and all stages of the pro - din s set forth in these sections. cee 9 6172, St1 of Dis lacement Pendin Review. If a complainant seeks to prevent wisp acement, the public entity shall not require the complainant to move until at least 20 days after it has made a determination and the com- plainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. C Ll -39- STO IOOA i..vii u� 81 CONTINUATION SHIRT FOR RUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (w wWM N oe.ororel code sWSW 11380.1) bl/4. joint t,omt,oM , nan Where more than one person is aggrieved by the afire oTthe pul> c entity to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing single written request for review. 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 administrative remedies as are available under this Article. Article 6. Acquisition Policies 6180. -PurpDose--. The purpose of this Article is to set forth the practices to be�Tlowe�t�1 respect to acquisition of real property by a public entity. Public entities shall„ to the greatest extent practicable, be guided by these practices. 6182. Acquisition. (a) A public entity shall make every reasonable efforT to acquire property by negotiation and to do so expeditiously. (b) Before negotiations are initiated (see subsection 6008(n)) a public entity shall: (1) Have the property appraised, giving the owner or his represen- tative designated in writing an opportunity, by reasonable advance written notice, to accompany the appraiser during the inspection of the property; (2) If the owner of real property is also the owner of a business conducted on the real property to be acquired or on the remainder, inform him of his possible right to compensation for loss of goodwill„ The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et sec.). (3) Establish an amount it believes to be just compensation for the property, which amount shall, 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 considera- tion of: (1) The real property being acquired; (2) Where the real property acquired is part of a larger parcel, the injury, 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 pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. -40- S'D 400A e.n CONTINUATION SN@T FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Peneen, to Government Cede Section 11700.1) (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 statement of the basis for determination of just compensation. The statement shall in- clude the following: (1) A general statement of the public use for which the property is to be acquired. (2) A description of the location and extent of the property to be taken, with sufficient detail for reasonable 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 be just compensation for the property taken; (6) 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 public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and (D) Does not reflect any consideration of or allowance for any relocation 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 provided in accordance with Section 6100. (5) If the real property is a portion of a larger parcel, the state- ment shall include an apportionment of the total estimated just compensa- tion 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 or the 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 conducted 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 compensation 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) (1) If after receiving .the public entity's offer the owner requests additional 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: -41- RD AOOA CONTINUATION $14M FOR RUNG ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE MMOOO ti 0~wme.I Code belie. 11790.1) El 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 (1)(D) above, the following data should be provided: (A) The names and business or residence addresses, if known, of the parties to the transaction. MC The location of the property subject to the transaction. 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 circumstances, the public entity may, if the document is avail- able 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 as 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 remnant" shall be a parcel of real property in which the owner retains an interest after partial acqui- sition 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. (1) (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 relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presenta- tion. (2) Prior to commencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the charac- ter or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation, the public entity shall have its appraisal updated. If a modification in the public entity's determination of just compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner. _42- .......K ..... FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (pane*.t to ce",eetont Code Sea%en 11770.1) (j) (1) In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation on the deposit of funds in court for the use of the owner, or take any other action coercive or misleading 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 to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property. 6184. Notice of Decision to Appraise. The public entity shall provide the owner with written notice of its decision 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. 6186. Time 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 Acquisition Procedures. (a) At the time the public entity notifies an owner of its decision to appraise real property it shall furnish the owner a written explanation of its land acquisition procedures, describing in non -technical, understandable terms the public entity's acqui- sition procedures and the principal rights and options available to the owner. (b) The notice shall include the following: (1) A description of the basic objective of the public entity's land acquisition 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 writing 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 pro- perty would leave the owner with an uneconomic remnant as defined in subsection 6182(g) the public entity will offer to acquire the unecon- omic 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, as soon as possible, will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property, giving notice of the latter as provided in section 6190. u -43- E 0 400A u.•m CONTINUATION {IITCT FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►on"M N Oe,emment Code section 11790.1) (5) A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by these Guidelines will be available) or to move his business or farm operation without at least 90 days written notice from the public entity 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 termination by the public entity on short notice, the rental will not exceed the lesser of the fair rental value of the property to 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).) 6190. Notice of Public Entit 's Decision Not to Acquire. Whenever a public entity which has forwardeda o:Me 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 writing on the owner, all persons occupying the property and all other persons potentially eligible for relocation 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. ",1. Incidental Ex enses. If the real property is acquired by purchase, W the public entity shal pay all reasonable expenses incident to transfer. Among u.1the expenses requiring payment are: recording fees, transfer fees and similar :;expenses incident to the conveyance of real property, and the pro raga portion of F'charges for public service such as water, sewage and trash collection which are z allowable to a period subsequent to the date of transfer of title to the public L 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 for a rebate of the pro rata portion of any real property taxes paid. 0 g6194. Short Term Rental. (a) If the public permits an owner or tenant to occupy the rea property acquired on a rental basis for a short-term or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a 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 term- ination of the tenancy. 6195. Public Information. The purchase price and other consideration paid by the public entity is pub is information and shall be made available upon request. §14¢. 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. 98. Non ossessor Interest Exception. The provisions of 6181(b), (c), (d)(4), and f and 1 shall not apply 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, main- tenance, renewal, repair or replacement of sub -surface sewers, waterlines or ..-._..•... appurtenance, drains, septic tanks, or storm water drains. -44•• S•o 400A 15.n1 CONTINUATION SMIST 1IOR FILING AD MINSTRATIVE REGULATIONS WITH TX1 S§LAETART OF STATE (VuneaM to Cp ,ntuent Code Section 11750.1) S Attachment A Minimum Contents of Informational Statement(s) Business Item To Be Included Displaced Concerns Persons and Others General description of the nature and types of activities that will be undertaken, including an identification of areas which may involve displace- ment. A diagrammatic sketch of the project area should be attached. 2. Statement that public action may result in dis- placement but that no one lawfully occupying property will be required to surrender possession without at least 90 days' written notice from the public entity and no one will be required to move until 90 days after the provision of information. 3. Assurance that families and individuals will not be X required to move before reasonable offers of decent, 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 accordance with section 6053.) 4. General description of types of relocation payments X X available, including general eligibility criteria and a caution against premature moves that might result in loss of eligibility for a payment. 5. Identification of the agency's relocation program X X and a description of the relocation services and aids that will be available. 6. Encouragement to visit the agency's relocation X X office and cooperate with the staff. The address, telephone number, and hours of the relocation office should be specified. -45- E LJ STD ♦OOL 4.11� 8 CONTIMUATIOM SHUT FOE! FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►„n w M O~o M Cady $@t,IM 11340.1) For Distribution To Business Item To Be Included Displaced Concerns Persons and Others 7. Information on replacement housing, including: a. Brief description of what constitutes com- parable replacement housing, including physical standards. b. Laymen's description of Federal fair housing law (Title VIII of Civil Rights Act of 1968), and applicable State and local fair housing laws, as well as rights under Title IV of the Civil Rights Act of 1964. C. Statement that the public entity (or its agent) will identify comparable replacement dwellings within the financial means of and otherwise available to displaced persons and will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of complaints of discrimination to the appropriate Federal, State or local fair housing enforcement agency. d. Statement that persons may seek their own housing accommodations and urging them, if they do so, to notify the relocation office prior to making a commitment to purchase or occupy the property. 8. Statement that the public entity will provide maxi- mum assistance in locating relocation accommodations, including consultation with the Small Business Admin- istration and other governmental agencies which might be of assistance. 9. Statement describing requirement for prior notifica- tion to the agency of the business concern's inten- tion to move. -46- SIC ♦00. '.�1 CV WTIW YW.IVW iW li. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE c.d. S.cno. na®o.0 For Distribution To Business Item To Be Included Displaced Concerns Persons and Others 10. Summary of the local agency's eviction policy, X X which shall be in accordance with the provisions of section 6058. 11. Statement describing the agency's grievance pro- X X cedure, its purpose, and how it may be used, which procedure shall be in accordance with the i j provisions of Article 5. W� Uib a' i W 3 Oi of 11 -47-