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HomeMy WebLinkAboutOrd 39 ORDINANCE NO. 39 ORDINANCE OF THE CITY OF CATHEDRAL CITY APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CATHEDRAL CITY REDEVELOPMENT PROJECT NO 1 WHEREAS , the Redevelopment Agency of the City of Cathedral City, hereinafter referred to as the ("Agency") , has formulated and prepared the proposed Redevelopment Plan for the Cathedral City Redevelopment Project No. 1 (herein- after referred to as the "Redevelopment Plan") pursuant to the California Community Redevelopment Law (California Health & Safety Code Section 33000 et seq. ) ; and WHEREAS , the Planning Commission of the City of Cathedral City submitted its report and recommendation finding the proposed Redevelopment Plan to be in conformity with the General Plan and recommending approval of the proposed Redevelopment Plan; and WHEREAS , the Agency has adopted rules governing participation and rules for reasonable reentry preferences to property owners , operators of businesses and tenants in the Project Area; and WHEREAS , pursuant to the requirements of the Com- e munity Redevelopment Law, the Agency has adopted a Reloca- 4 tion Method or Plan which is to be extended to all persons who may be caused to be displaced resulting from Agency acquisition of certain property, although such displacement is not contemplated; and 000340 WHEREAS , the Agency submitted to the City Council of the City of Cathedral City, hereinafter referred to as the "City Council , " the proposed Redevelopment Plan; and WHEREAS , the Agency has submitted its Report to h City Council accompanying the Redevelopment Plan to the City Council ; and WHEREAS , that Report describes conditions of blight existing within the Project Area; and WHEREAS , after due notice, a Joint Public Hearing was held by the Agency and the City Council on August 4, 1982; and WHEREAS , said public hearing was continued for the purpose of affording the Agency additional opportunities to consult with each of the affected taking agencies as required by California Health & Safety Code Section 33328 ; and WHEREAS , all actions required by law have been taken by all appropriate public agencies ; and WHEREAS , following the continued Joint Public Hearing, the Agency approved said Redevelopment Plan and recommended adoption of said Redevelopment Plan to the City Council . I: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the City Council with respect to the Cathedral City Redevelopment -2- 000341 Project No . 1 Area hereinafter referred to as the "Project Area" are: (a) To eliminate and prevent the spread of physical and economic blight and deterioration by promoting and encouraging the rehabilitation, revitalization, con- servation or redevelopment of currently deteriorating or underutilized buildings and areas within the Project Area that create a prevailing image of depreciated values , impaired investments and social and economic maladjustment . (b) To encourage new private sector investment and development within the Project Area and to provide additional residential housing at affordable prices and affordable financing terms . (c) To encourage development of office, indus- trial, commercial and permanent uses within the Project Area in order to reinforce, strengthen and complement economic growth and development in the City of Cathedral City. (d) To provide for construction which in turn will provide short-term and long-term employment opportuni- ties for local residents . (e) To mitigate and address the existence of inadequate public improvements , open spaces , utilities and public facilities , including but not limited to, parking, flood control, sewer, traffic signal control and street improvements . SECTION 2. The Redevelopment Plan for the Cathedral City Redevelopment Project No . 1 is hereby approved -3- 000 42 and adopted and designated as the official Redevelopment Plan for the Cathedral City Redevelopment Project No. 1 Area, and is incorporated herein by reference. SECTION 3 . The City Council hereby finds and 3' determines that (a) The Project Area is a blighted area for the reasons described in the Preliminary Plan, Redevelopment Plan and the Report to the City Council accompanying the Redevelopment Plan, including all documentary evidence and written and oral testimony contained therein, the redevelop- ment of which is necessary to effectuate the public purposes declared in the California Health and Safety Code, Sec- tion 33000 et seq. ; (b) The Redevelopment Plan will redevelop the Project Area in conformity with the California Health and Safety Code, Section 33000 et seq. in the interests of the public peace, health, safety, and welfare; (c) The adoption and carrying out of the Redevel- opment Plan is economically sound and feasible in that available projections of tax increment revenue which are currently available and which will be available in the future indicate that Agency will be able to fiscally under- take redevelopment efforts ; (d) The Redevelopment Plan conforms to the adopted General Plan of the City of Cathedral City. (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety, and welfare -4- 000343 of the City of Cathedral City and will effectuate the pur- poses and policies of the California Community Redevelopment Law (California Health & Safety Code Sections 33000 et seq. ) .. enabling Agency to plan, develop, replan, redesign, clear, reconstruct and rehabilitate the Project Area and provide or assist in the provision of such new and rehabilitated residential commercial, industrial , public or other struc- tures or spaces as may be appropriate; (f) The condemnation of real property, as pro- vided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan in order to undertake replanning and land assembly and adequate provisions have been made for payment for property to be acquired as part of Agency' s Relocation Method or Plan as required by law; (g) The Agency has adopted a feasible method or plan for the relocation of families and persons who are temporarily or permanently displaced from facilities in the Project Area, although such displacement is not contemplated by the Redevelopment Plan; (h) There are or are being provided in the Proj- ect Area or in other areas not generally less desirable in regard to public utilities and public and commercial facili- ties 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 such displaced families and persons and reasonably accessible to their places of employ- -5- 000344 ment , although displacement is not contemplated by the Redevelopment Plan. (i) Inclusion of any land, buildings , or improve- ments which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part ; in that conditions of blight predominate and injuriously affect the entire Project Area. Such land, buildings or improvements are included because they are necessary for effective redevelopment and are not included for the purposes of obtaining the alloca- tion of tax increment revenues from such area pursuant to Health and Safety Code, Section 33670. The Agency finds and determines that there is other substantial justification for the inclusion of such lands , buildings and improvements , including but not limited to the need to develop a compre- hensive plan to redevelop the entire Project Area to improve traffic circulation and traffic safety, to encourage land assembly through reparcelization and acquisition of prop- erties for resale to private investors and to eliminate public health and safety hazards that can only be addressed by exercising the powers of redevelopment to halt or correct the process of deterioration by redeveloping the entire Project Area. (j ) The elimination of conditions of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency for the -6- 000345 reasons set forth in the Preliminary Plan, Report to the City Council and Redevelopment Plan, including, but not limited to , the fact that the redevelopment of such blighted areas cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisi- tion of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to employ the power of eminent domain, to advance or expend public funds for these purposes , and to provide a means by which blighted areas may be redeveloped or rehabilitated. Such conditions of blight are chiefly found in areas sub- divided into small or landlocked parcels , held in divided and widely scattered ownerships and historic land use patterns in the Project Area indicate the private assembly of the land for redevelopment is so difficult and costly that it is uneconomic and as a practical matter impossible for private owners to undertake because of excessive costs . The remedy- ing of such conditions will require the public acquisition at fair prices of adequate areas for redevelopment , the clearance of the areas through demolition of existing obso- lete, inadequate, unsafe and insanitary buildings , and the redevelopment of the areas suffering from such conditions r under proper supervision, with appropriate planning and continuing land use and construction policies . Private enterprise acting alone has not and cannot be expected to bear these excessive costs or exercise these powers . -7- 000346 (k) The Agency is authorized by California Health and Safety Code Section 33445 to pay all or part of the value of the land for and the cost of the installation and FPconstruction of any building, facility structure , or other improvement which is publicly owned either within or without the redevelopment Project Area necessary to carry out this Redevelopment Plan. It is contemplated that acquisition of property and the installation and construction of the build- ings , facilities and structures set forth in Section 506 of the Redevelopment Plan or other similar public improvements may be undertaken as part of this Redevelopment Plan. The Agency and the City have determined that such buildings , facilities , structures , or other similar improvements are of benefit to the Project Area or the immediate neighborhood in which the project is located, and that no other reasonable means of financing such buildings , facilities , structures or other improvements , are available to the community of Cathedral City. SECTION 4. Although no displacement is contem- plated by the Redevelopment Plan, the City Council is satis- fied permanent housing facilities will be available within three years in the event occupants of the Project Area are displaced and that pending the development of such facili- ties , there would be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Cathedral City at the time of their displacement . No persons or families of low and moderate -8- 000347 income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents com- parable to those at the time of their displacement . Such housing units shall be suitable to the needs of such dis- placed persons or families and must be decent , safe, sanitary, and otherwise standard dwellings . The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 5 . The Redevelopment Plan for the Cathedral City Redevelopment Project No. 1 Area provides for the expenditure of money by the City of Cathedral City in carrying out the Redevelopment Plan, and authorizes the City to financially assist the Agency by way of loans , grants , or other financial assistance. The City Council hereby pro- vides that such financial assistance to the Agency shall be made from time to time as the City Council shall determine to be necessary, and that all such financial assistance shall be deemed to be loans to the Agency based on terms to be established by an agreement between the City and Agency, unless the City Council shall provide in specific cases that such assistance shall be treated other than as a loan. SECTION 6 . In order to implement and facilitate r the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things , to changes in zoning, the location and -9- 000348 relocation of sewer and water mains and other public facili- ties and other public action, and accordingly, the City Council hereby: 11", (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Cathedral City under the provisions of the Redevelop- ment Plan; and (b) Requests the various officials , departments , boards , and agencies of the City of Cathedral City having administrative responsibilities for the City likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redeve- lopment Plan. SECTION 7 . The City Council finds that pursuant to Section 33334. 2 of the California Health and Safety Code, the use of tax revenues received by the Redevelopment Agency outside of the Cathedral City Redevelopment Project No . 1 Area for purposes of increasing and improving the community' s supply of low- and moderate-income housing for persons and families of low or moderate income will benefit the Cathedral City Redevelopment Project No . 1. SECTION 8 . Pursuant to Health and Safety Code Section 33328 and 33353 and prior to publication of the notice of the Joint Public Hearing, the Agency and City consulted with each affected taxing agency with respect to the Plan and the allocation of taxes pursuant to Section 33670 of the Health and Safety code. This City Council has -10- 000349 read, reviewed and considered written and oral objections of all affected taxing agencies and the report of the Fiscal Review Committee prepared pursuant to Section 333535 of the Health and Safety Code and, the report of the Riverside County Fiscal Officer as required by Health and Safety Code Section 33328 and has found and determined that the tax revenue losses identified therein do not in and of them- selves identify any specifc evidence of fiscal effects which may be detrimental or constitute a burden to such affected taxing entities . This City Council has further found and determined that the existence of blighted areas within the Project Area characterized by all of the conditions identi- fied in Health and Safety Code Section 33032 is injurious and inimical to the public health, safety and welfare of the people of Cathedral City, including the citizens and tax- payers of each affected taxing agency. These blighting conditions contribute substantially and increasingly to the problem of, and necessitate excessive and disproportionate expenditures for, crime prevention, correction, prosecution, and punishment , the treatment of juvenile delinquency, the preservation of the public health and safety, and the main- taining of adequate police, fire and accident protection and t other public services and facilities by all such affected taxing agencies . The benefits which will result from the remedying of such conditions and the redevelopment of these blighted areas will accrue to the inhabitants , taxpayers and property owners of each of these affected taxing agencies . -11- 00035 Since a fundamental purpose of this Redevelopment Project is to expand employment opportunities for jobless , underemployed and low-income persons , to provide an environment for the social , economic and psychological growth and well being of all citizens and to expand the community' s supply of housing. The City Council is convinced based upon its review of all available evidence that the effect of tax increment financ- ing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 9 . All written and oral objections to the Redevelopment Plan hereby are overruled. SECTION 10. The City Clerk hereby is directed to send a certified copy of this ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan. SECTION 11. The City Clerk hereby is directed to record with the County Recorder of Riverside County a description of the land within the Project Area and a state- ment that the proceedings for the redevelopment of the Project Area have been instituted under the California Health and Safety Code, Section 33000 et seq. The Agency hereby is directed to effectuate recordation in compliance 1[ with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 12 . The Planning Department is hereby directed for a period of two years after the effective date of this ordinance to advise all applicants for building -12- C'00351. permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a Redevelopment Project Area SECTION 13 . The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance and a map or plat indicating the boundaries of the Cathedral City Redevelopment Project No . 1 to the Auditor and Tax Assessor of the County of Riverside ; to the officer or officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes , do not use the County Assessment Roll or do not collect its taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any property in the Cathedral City Redevelopment Project No. 1 and to the State Board of Equalization. Such documents shall be trans- mitted as promptly as practicable following the adoption of this Ordinance, but in any event , such documents shall be transmitted within 30 days following the adoption of the Redevelopment Plan. - 13- 000352 SECTION 14. The City Clerk shall certify to the adoption of this ordinance and cause the same to be pub- lished once in the newspaper of general circulation. The foregoing ordinance was approved and adopted L at a meeting of the City Council held on November 29 , 1982, by the following vote: AYES : Councilmembers Case, Krings, Martin, Smith, Mayor Murphy NOES : None ABSENT: None CITY • CATHEDRAL CITY L.41.1., YAP. AILLA ../..e,- MA OR ATTEST: //s L1 C TY C ERK APPROVED AS TO FORM: AP/ROVED AS TO CONTENT: i .,-,r :t-- L --el-el", ,.-- : r „,./w CITY ORNEY Y MANAGER L A -14- 000353 • I HEREBY CERTIFY that the foregoing Ordinance No. 7 was duly adopted by the City Council of the City of Cathedral City, California, in a meeting thereof held on the 29 day of , 198 £- , and that the same was posted within 15 days of the a•ove date in at least the three public places specified for such postings by the said City Council.e CL M CITY CLERK CITY OF CATHEDRAL CITY 000354