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HomeMy WebLinkAboutOrd 91 ORDINANCE NO. 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY APPROVING AND ADOPTING A REDEVELOPMENT ENABLING PLAN FOR THE CATHEDRAL CITY REDEVELOPMENT PROJECT NO. 3 AS THE OFFICIAL REDEVELOPMENT ENABLING PLAN FOR SAID PROJECT WHEREAS, the Cathedral City Redevelopment Agency (the "Agency") has formulated, prepared and approved a proposed Redevelopment Enabling Plan for the Cathedral City Redevelopment Project No. 3 (the "Redevelopment Enabling Plan") and has recommended that the City Council of the City of Cathedral City approve and adopt said Redevelopment Enabling Plan; and WHEREAS, said Redevelopment Enabling Plan is a redevelopment plan prepared pursuant to California Redevelopment Law; and WHEREAS, the Planning Commission of the City of Cathedral City has submitted its report and recommendation on the proposed Redevelopment Enabling Plan, finding that the proposed Redevelopment Enabling Plan is in conformity with the Cathedral City General Plan, and has recommended approval of the proposed Redevelopment Enabling Plan; and WHEREAS, the Agency has adopted Rules Governing Participation and Preference by Property Owners, Operators of Businesses and Tenants within the Project area; and WHEREAS, the Agency has adopted a Relocation Plan providing for the relocation of persons, families and businesses from the Project area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and WHEREAS, the Agency has submitted the proposed Redevelopment Enabling Plan and L its Report thereon to the City Council, which said Report contains, among other things, the Planning Commission's reports and recommendations, the Report of the County Fiscal Officer and responses thereto by the Agency; and 000614 WHEREAS, the Agency has consulted with property owners and community organiza- tions within the Project area and taxing agencies which levy taxes, or for which taxes are levied, on property in the Project area; and WHEREAS, the Agency and this City Council have approved and adopted a Final Environmental Impact Report for the adoption of the proposed Redevelopment Enabling Plan and have certified as to their review and consideration thereof in accordance with the California Environmental Quality Act of 1970 and the state and local guidelines and regulations adopted pursuant thereto; and WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, all objections have been heard and passed upon by this City Council, the Agency and Council have received written and oral testimony concerning the proposed Redevelopment Enabling Plan and have duly considered all thereof and the proceedings for the adoption of the proposed Redevelopment Enabling Plan have been duly conducted and completed as provided by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY HEREBY RESOLVES AS FOLLOWS: 1. The purposes and intent of this City Council with respect to the Project areas are: (a) To eliminate the conditions of blight existing in the Project area. (b) To prevent recurrence of blighting conditions within the Project area. (c) To provide for participation by owners and tenants and preferences to persons engaged in business within the Project area to participate in the t redevelopment of the Project area; to encourage and ensure the redevelopment of the Project area in the manner set forth in the proposed Redevelopment Enabling Plan; and to provide for the relocation of any residents, if any, displaced by the implementation of the proposed Redevelopment Enabling Plan. - 2 - 000615 (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project area to the benefit of the Project area and the general public as a whole. (e) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. 2. The proposed Redevelopment Enabling Plan for the Cathedral City Redevelopment Project No. 3 is hereby approved, adopted and designated as the official redevelopment plan for the Cathedral City Redevelopment Project No. 3 Project, and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, three copies of which are hereby directed to be on file with the City Clerk. 3. The City Council hereby finds and determines that: (a) The Project area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California and specifically that the Project area is characterized by properties which suffer from economic dislocation, deterioration or disuse because of one or more of the following factors: (1) economic dislocation, deterioration or disuse resulting from faulty planning; (2) the existence of inadequate public improvements, public facilities, open spaces and utilities which cannot be remedied by private or governmental action without redevelopment; (3) the subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; - 3 - 000616 (4) age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses; (5) prevalence of depreciated values, impaired investments and social and economic maladjustment; and (b) The Redevelopment Enabling Plan will redevelop the Project area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety and welfare; (c) The adoption and carrying out of the Redevelopment Enabling Plan is economically sound and feasible; (d) The Redevelopment Enabling Plan conforms to the Cathedral City General Plan; (e) The carrying out of the Redevelopment Enabling Plan will promote the public peace, health, safety and welfare of the City of Cathedral City and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California; (f) The condemnation of real property, as provided for in the Redevelopment Enabling Plan, is necessary to the execution of the Redevelopment Enabling Plan and adequate provisions have been made for payment for property to be acquired as provided by law; (g) The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project area; (h) 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, if any, decent, - 4 - 000617 safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment; (i) Inclusion within the Project area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; and any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to California Health and Safety Code Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion; and (j) The elimination of blight and 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. 4. In order to implement and facilitate the effectuation of the Redevelopment Enabling 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, the vacating and removal of the streets, alleys and other public ways, the establishment of new street pattrens, the location and relocation of sewer and water mains and other public facilities, and other public action and, accordingly, the City Council hereby: (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 Redevelopment Enabling Plan; and (b) Requests the various officials, departments, boards, commissions and agencies of the City of Cathedral City having administrative responsibilities with respect to the Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Enabling Plan. - 5 - 000613 5. The City Council is satisfied permanent housing facilities will be available within three (3) years from the time occupants of the Project area are displaced, if any, and that pending the development of such facilities, there will be available to 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 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 comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. 6. The City Council is convinced that the effect of tax-increment financing, as provided for in Section 510 of the Redevelopment Enabling Plan and as described in the Report to the City Council submitted to the City Council in accordance with Health and Safety Code Section 33352, will not cause a severe financial burden or detriment to any taxing agency deriving revenues from the Project area. 7. The City Clerk is hereby 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 Enabling Plan, subject to the provisions of the Redevelopment Enabling Plan. 8. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this ordinance with the County Recorder of Riverside County a description of the land within the Project area and a statement that the proceedings for the redevelopment of the Project area has been instituted under the California Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. - 6 - 004619 9. The Building Department of the City of Cathedral City is hereby directed for a period of two (2) years after the effective date of this ordinance to advise all applicants for building permits within the Project area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. 10. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City 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-Controller and Tax Assessor of Riverside County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project area and to the State Board of Equalization. 11. The City Clerk shall certify to the passage of this ordinance and cause a copy thereof to be published as required by law in a newspaper of general circulation in the City of Cathedral City, and this ordinance shall take force and be in effect after its passage in the manner provided by law. ADOPTED, SIGNED AND APPROVED THIS 30thday of November , 198 4 Mayor CITY OF CATHEDRAL CITY ATTEST: _I. / _// Cit Clerk CITY OF CATHEDRAL CITY PSUSD-4 - 7 - 000620 STATE OF CALIFORNIN) COUNTY OF RIVERSIDE) SS CITY OF CATHEDRAL CITY) I, Maxine E. Clem, City Clerk of the City of Cathedral City, do hereby certify that the foregoing Ordinance had its first reading on November 21st, 1984 and had its second reading on November 30th, 1984 and was passed by the following vote: AWES: COUNCILMEMBERS: Krings, Smith and Mayor Case NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Martin and Murphy (2;7a ,kte' Z el%'11 Maxine E. Clem City Clerk (Seal) L - 1 - 000621 • I HEREBY CERTIFY that the foregoing Ordinance No. 9 i was duly adopted by the City Council of the City of Cathedral City, California, in a meeting thereof held on the,gyp u" day of 198 6/ . and that the same was posted within 15 days of the above date in at least the three public places specified for such postings by the said City Council. // � .� M ' I►4E E. CLE CITY CLERK CITY OF CATHEDRAL CITY 000622