HomeMy WebLinkAbout554ORDINANCE NO. 554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING
THE 2000 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CITY
INDUSTRIAL DEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Irwindale ("City" or "City Council' as
appropriate) heretofore has acknowledged that the Irwindale Redevelopment Agency ("Agency")
has initiated proceedings for the adoption of the 2000 Amendment ("2000 Amendment") to the
Redevelopment Plan for the City Industrial Development Project ("Plan"); and
WHEREAS, the Plan delineates the redevelopment project area for the City Industrial
Development Project ("Project Area"); and
WHEREAS, the 2000 Amendment does not propose to modify the boundaries of the
Project Area; and
WHEREAS, the City Council consented to hold a joint public hearing with the Agency
with respect to the 2000 Amendment, at which hearing any and all persons having any objections
to the 2000 Amendment, or the regularity of any prior proceedings concerning the 2000
Amendment, would be allowed to appear before the City Council and show cause why the 2000
Amendment should not be adopted; and
WHEREAS, notice of the joint public hearing of the Agency and City Council with
respect to the 2000 Amendment and the negative declaration prepared therefor was given in
accordance with applicable law; and
WHEREAS, the joint public hearing was duly held on September 28, 2000; and
WHEREAS, all legal prerequisites to the passage of this ordinance have occurred and
been taken in accordance with applicable law;
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds and determines that:
a. All facts set forth above are hereby found to be true and correct.
b. The Project Area was previously determined by the City Council to be a blighted
area, the redevelopment of which is necessary to effectuate the public purposes declared in the
CRL, and because the 2000 Amendment does not affect the foregoing, such determination is
conclusive and no further determination concerning the foregoing is required for the 2000
Amendment.
Ordinance No. 554
Page 1
C. The Plan, as amended by the 2000 Amendment, would redevelop the Project Area
in conformity with the California Community Redevelopment Law, Division 24, Part 1 of the
California Health and Safety Code (Health & Safety Code § 33000 et seq.) (hereinafter, the
"CRL"), and in the interests of the public peace, health, safety, and welfare.
d. The adoption and carrying out of the Plan, as amended by the 2000 Amendment,
is economically sound and feasible.
e. The Plan, as amended by the 2000 Amendment, is consistent with and conforms
to the General Plan of the City of Irwindale, including but not limited to the Housing Element of
the General Plan.
f. The carrying our of the Plan, as amended by the 2000 Amendment, would
promote the public peace, health, safety, and welfare of the City of Irwindale and would
effectuate the purposes and policies of the CRL.
g. The condemnation authority as provided in the Plan, as amended by the 2000
Amendment, is necessary to the execution of the Plan and adequate provisions have been made
for payment for property to be acquired, if any, and provided by law.
h. The Agency has a feasible method and plan for the relocation of families and
persons displaced from the Project Area if the Plan, as amended by the 2000 Amendment, should
result in the temporary or permanent displacement of any occupants of housing facilities in the
Project Area.
i. 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, if any, 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.
j. Families and persons shall not be displaced prior to the adoption of a relocation
plan pursuant to California Health and Safety Code Sections 33411 and 33411.1, and dwelling
units housing persons and families of low or moderate income shall not be removed or destroyed
prior to the adoption of a replacement housing plan pursuant to California Health and Safety
Code Sections 33334.5, 33413, and 33413.5.
k. It has been previously found and determined by the City Council that all
noncontiguous areas of the Project Area are either blighted or necessary for effective
redevelopment and are not included for the purpose of obtaining the allocation of taxes from the
Project Area pursuant to Section 33670 without other substantial justification for their inclusion,
and because the 2000 Amendment does not affect the foregoing such determination is conclusive
and no further determination concerning the foregoing is required for the 2000 Amendment.
W
Ordinance No. 554
Page 2
W
1. It has been previously found and determined by the City Council that the
inclusion of any lands, buildings, or improvements which are not detrimental to the public
health, safety, or welfare is necessary for effective redevelopment of the Project Area, and that
any area included is necessary for effective redevelopment and is not included for the purpose of
obtaining the allocation of tax increment revenues from the Project Area pursuant to Health and
Safety Code Section 33670 without other substantial justification for its inclusion, and because
the 2000 Amendment does not affect the foregoing, such determination is conclusive and no
further determination concerning the foregoing is required for the 2000 Amendment.
M. The elimination of blight and the redevelopment of the Project Area could not be
reasonably expected to be accomplished by private enterprise acting alone without the aid and
assistance of the Agency.
n. It has been previously found and determined by the City Council that the Project
Area is predominantly urbanized and because the 2000 Amendment does not affect the foregoing
such determination is conclusive and no further determination concerning the foregoing is
required for the 2000 Amendment.
o. It has been previously found and determined by the City Council that the time
limitation and, if applicable, the limitation on the number of dollars to be allocated to the Agency
that are contained in the Plan are reasonably related to the proposed projects to be implemented
in the Project Area and to the ability of the Agency to eliminate blight in the Project Area, and
because the 2000 Amendment does not affect the foregoing described provisions of the Plan,
such determination is conclusive and no father determination concerning the foregoing is
required for the 2000 Amendment.
P. 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 the facilities there will be available to the displaced occupants
adequate temporary facilities at rents comparable to those in the City of Irwindale at the time of
their displacement.
q. It has been previously found and determined by the City Council that the effect of
the tax increment financing as used to implement the Plan will not cause a significant financial
burden or detriment on any taxing agency deriving revenues from the Project Area, and because
the 2000 Amendment does not affect the foregoing, such determination is conclusive and no
further determination concerning the foregoing is required for the 2000 Amendment.
SECTION 2. The purposes and intent of this City Council with respect to the 2000
Amendment is to (i) conform the permitted land uses under the Plan to the City's General Plan,
and (ii) protect and promote the sound redevelopment of the Project Area and the general welfare
of the inhabitants of the City of Irwindale by providing a method of property acquisition through
the potential use of eminent domain in order for the Agency to be able to attract private
redevelopment interest by insuring its ability to deliver property for that purpose.
Ordinance No. 554
Page 3
SECTION 3. The City Council hereby approves and adopts the 2000 Amendment, a
copy of which is on file with the Deputy City Clerk, and which 2000 Amendment is incorporated
herein by reference, and the City Council designates the Plan, as amended by the 2000
Amendment, as the official redevelopment plan for the City Industrial Development Project.
SECTION 4. The City Council hereby authorizes and provides for the City of
Irwindale's expenditure of money provided for in the Plan as amended by the 2000 Amendment.
SECTION 5. The City Council hereby declares its intention to undertake and complete
any proceedings necessary to be carried out by the City of Irwindale under the provisions of the
Plan as amended by the 2000 Amendment.
SECTION 6. The Deputy City Clerk of the City of Irwindale shall cause a copy of this
Ordinance to be transmitted to the Agency.
SECTION 7. The Deputy City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published or posted, as required by law.
APPROVED AND ADOPTED this 28`h day of June 2001.
ark A. Breceda, Mayor""
ATTEST:
NI
Ordinance No. 554
Page 4
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California do hereby certify that
the forgoing Ordinance No. 554, was duly introduced at a regular meeting of the City Council
held on the 14th day of June, 2001, and was duly approved and adopted by the City Council at a
regular meeting of said Council on the 28th day of June 2001, by the following roll call vote:
AYES: Councilmembers: Miranda, Ramirez, Garcia, Tapia, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
t AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 554, adopted by the City Council of the
yk
s reular meeting held June 28, 2001, to be posted at the City Hall, Library, and Post Office on July 2, 2001.
C Dated: July 2, 2001
Ordinance No. 554
Page 5
t REDEVELOPMENT PLAN
f for the
CITY INDUSTRIAL DEVELOPMENT PROJECT
I. (S 100) INTRODUCTION
The Redevelopment Plan ("Plan") for the City Industrial Development Project ("Project")
consists of Part I ("Text") and Part II ("Map"). This Redevelopment Plan has been prepared by
the Irwindale Community Redevelopment Agency ("Agency") pursuant to the community
redevelopment laws of the State of California ("Redevelopment Law"), and all applicable local
laws and ordinances.
II. (S 200) PROJECT AREA BOUNDARIES
The boundaries of the Redevelopment Project Area ("Project Area") are illustrated on the
Map. The legal description of the boundaries of the Project Area is set forth in Exhibit "A"
attached hereto.
III. (S 300) PROPOSED REDEVELOPMENT ACTIONS
A. (S 301) General
The Agency proposes to eliminate and prevent the continued spread of physical and
economic blight in the Project Area by:
(1) Encouraging owner participation agreements between the Agency and
major landowners within the Project Area to facilitate development of
completed sites in particular, to more beneficial and economic land uses;
(2) Acquisition of real property as may be necessary to achieve the objectives
of this Plan;
(3) Demolition or removal of buildings and improvements as may be
necessary to achieve the objectives of this Plan;
(4) Installation, construction or reconstruction of streets, utilities, and other
public improvements;
(5) Disposition of any property acquired for uses in accordance with this
Plan;
(6) Redevelopment of land by private enterprise and/or public agencies for
uses in accordance with this Plan.
L i,d,,\ ..&doma, DII.b.Oo W701
(S 302) Property Acquisition
(1) (S303) Acquisition of Real Property
Except as specifically exempted herein, the Agency may acquire but is not
required to acquire, any real property located in the Project Area, by gift,
devise, exchange, lease, purchase, eminent domain or any means
authorized by law.
It is in the public interest and is necessary in order to execute this Plan, for
the power of eminent domain to be employed by the Agency to acquire the
real property in all portions of the Project Area. Any exercise of its power
of eminent domain by the Agency shall be subject to all of the limitations
set forth in this Plan. The Agency shall not exercise its power of eminent
domain to acquire parcels that are improved with structures currently and
actually occupied with residential uses nor residentially zoned properties.
No eminent domain proceedings to acquire property within the Project
Area shall be commenced after twelve years following the date of
adoption of the ordinance approving and adopting the 2000 Amendment to
the Redevelopment Plan for the City Industrial Development Project.
The Agency is authorized to acquire structures without acquiring the land
upon which those structures are located. The Agency is authorized to
acquire either the entire fee or any other interest in real property less than
a fee, for street and utility purposes and all uses appurtenant thereto.
The Agency shall not acquire real property on which an existing building
is to be continued on its present site and in its present form and use
without the consent of the owner, unless (1) such building requires
structural alteration, improvement, modernization, or rehabilitation, or (2)
the site or lot on which the building is situated requires modification in
size, shape, or use, or (3) it is necessary to impose upon such property any
of the standards, restrictions and controls of the Plan and the owner fails or
refuses to participate in the Plan by executing a participation agreement.
(2) (S304) Acquisition of Personal Property
Generally, personal property shall not be acquired. However, where
necessary in the execution of this Plan, the Agency is authorized to
acquire personal property in the Project Area by any lawful means.
IminMcl ff indom ndumendndredplen\endm 60701 2
C. (S 305) Participation by Owners and Lessees
(1) (S306) Opportunities for Owners and Lessees
The Agency shall extend preferences to persons who are owners and
lessees for a term in excess of one year from the date of adoption of this
Plan, in the Project Area, to continue in or reenter the redeveloped area if
they otherwise meet the requirements prescribed in the Plan.
Owners and such qualified lessees 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 acquiring adjacent or
other properties in the Project Area, or by selling their properties to the
Agency and purchasing other properties in the Project Area.
In the event a participant fails or refuses to rehabilitate or develop his real
property pursuant to this Plan, the real property or any interest therein may
be acquired by the Agency and sold or leased for rehabilitation or
development in accordance with this Plan.
(2) (S307) Rules for Participation Opportunities Priorities and
Preferences
The Agency shall provide an opportunity to owners and qualified lessees
in the Project Area to participate in the growth and development of the
Project Area, and shall promulgate rules for owner and lessee
participation. If conflicts develop between the desires of participants for
particular sites or land uses, the Agency is authorized to establish
reasonable priorities and preferences among the owners and lessees.
Participation opportunities shall necessarily be subject to and limited by
optimum assembled -land development opportunities available to the
Agency, the expansion of public utilities and facilities, improvement of
streets; and the opening of new streets, if any.
(3) (S308) Participation Agreements
Each participant shall enter into a binding agreement with the Agency by
which the participant agrees to rehabilitate or develop, and use the
property in conformance with the Plan and Owner Participation Rules and
to be subject to the provisions thereof. Whether or not a participant enters
into a participation agreement with the Agency the provisions of this Plan
are applicable to all public and private property in the Project Area.
ro'�'
IN
E.
F.
(S309) Cooperation with Public Bodies ?
Certain public bodies are authorized by state law to aid and cooperate with or
without consideration, in the planning, undertaking, construction, or operation
of this Project. The Agency shall seek the aid and cooperation of such public
bodies and shall attempt to coordinate this Plan with the activities of such public
bodies in order to accomplish the purposes of redevelopment and the highest
public good.
The Agency, by law, is not necessarily authorized to acquire real property not
already devoted to a public use owned by public bodies without the consent of
such public bodies. The Agency, however, will seek the cooperation of all
public bodies which own or intend to acquire property in the Project Area. Any
public body, which owns or leases property in the Project Area, will be afforded
all the privileges of owner participation if such public body is willing to enter
into a participation agreement with the Agency. The Agency is authorized to
financially (and otherwise) assist any public entity in the cost of public land,
buildings, facilities, structures, or other improvements (within or outside of the
Project Area) which land, buildings, facilities, structures or other improvements
are of benefit to the Project.
(S310) PropertManagement
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 disposition for
redevelopment.
The Agency is authorized, but not required, to make payments to taxing
agencies in lieu of property taxes.
(S311) Relocation of Business Concerns Displaced by the PIoiect
(1) (S312) Assistance in Finding Other Locations
The Agency shall assist all business concerns displaced by the Project in finding
other locations and facilities. In order to carry out the Project with a minimum
of hardship to business concerns, if any, displaced from their places of business
by the Project, the Agency shall assist in finding anew location that is within its
financial means, in reasonably convenient locations, and otherwise suitable to
its needs.
W
IrnindaWk nm��de&edpl=� 0701 4
(2) (S313) Relocation Payments and Relocation Advisory Assistance
The Agency is authorized and shall pay all relocation payments and shall
provide relocation advisory assistance to any business concerns displaced by the
Project as authorized by law and in the best interest of the Project.
G. (S 314) Demolition Clearance Public Improvements Building and Site
Preparation
(1) (S315) Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or with the
approval of the owners, to demolish and clear buildings, structures, and other
improvements from any real property in the Project Area as necessary to cant'
out the purposes of this Plan.
(2) (S316) Public Improvements
The Agency is authorized to install and construct or to cause to be installed or
constructed the public improvements and public utilities (within or outside the
Project Area) necessary to carryout the 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, water distribution
systems, parks, plazas, playgrounds, motor vehicle parking facilities, and
landscaped areas.
(3) (S317) Preparation of Building Sites
The Agency is authorized to prepare or cause to be prepared as building sites
any real property in the Project Area owned by the Agency.
H. (S 318) Rehabilitation and Moving of Structures by the Agency
(1) (S319) Rehabilitation
The Agency is authorized to rehabilitate or to cause to be rehabilitated any
building or structure in the Project Area.
(2) (S320) Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized to move or to
cause to be moved any structure or building to a location outside the Project
�..� Area.
IrvinM,%. indOnunwndu &&.Ill nk.Om 701
I.
(S321) Property Disposition and Development
(1) (S322) Real Property Disposition and Development
(a) (S 323) 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 leases or sales without pubic bidding.
All real property acquired by the Agency in the Project Area shall be sold
or leased to public or private persons or entities for development for the
uses permitted in the Plan. Real property acquired by the Agency may be
conveyed by the Agency without charge to the City and, where beneficial
to the Project Area, without charge to any other public body.
All purchasers or lessees of property from the Agency shall be made
obligated to use the property for the purposes designated in this Plan, to
begin and complete development of the property within a period of time
which the Agency fixed as reasonable, and to comply with other
conditions which the Agency deems necessary to carry out the purposes of
this Plan.
(b) (S 324) 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, is subject to the provisions of this Plan.
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 cant' out this Plan.
All property in the Project Area is hereby subject to the restrictions that
there shall be no discrimination or segregation based upon race, color,
religion, national origin, or ancestry, 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 a participation agreement
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) (S 325) Development
To the extent now or hereafter permitted by law, the Agency 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, which buildings, facilities, structures, or other
improvements would be of benefit to the Project Area.
All development plans shall be submitted to the Agency for approval and
architectural review. The Agency may delegate to the Planning
Commission the responsibility for architectural review. All development
in the Project Area must conform to this Plan and all applicable Federal,
State, and local laws and must receive the approval of the appropriate
public agencies.
(2) (S326) 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.
IV. (S 400) USES PERMITTED IN THE PROJECT AREA
A. (S 401) Man
The Map attached hereto as Exhibit `B" and incorporated by reference herein,
illustrates the location of the Project Area, the immediately adjacent principal
streets, the proposed public rights-of-way and public easements. The land uses
permitted by this Plan shall be those permitted by the City's General Plan and
the Irwindale Municipal Code, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended.
B. (S402) Public Uses
(1) (S403) Public Street Layout Rights -of -Way and Easements
The public rights-of-way and principal streets for the Project Area are illustrated
on the Map.
Such streets and rights-of-way may be widened, altered, abandoned, vacated, or
closed by the Agency and the City as necessary for proper development of the
Project. Additional public streets, alleys and easements may be created by the
IwindalekmindomemenQlencnEed�edPV^���^d°mW 0]01
C.
Agency and the City in the Project Area as needed for proper development and 100)
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) (S404) Other Public Improvements
The Agency may cause, provide or undertake or make provisions with other
agencies for the installation, or construction of parks, playgrounds and other
public improvements necessary for carrying out the redevelopment plan,
(3) (S405) Quasi -Public
Quasi -Public uses shall be permitted in areas as may be determined jointly by
the Agency and the City. All such uses shall conform so far as possible to the
provisions of this Plan applicable to the uses in the specific area involved. The
Agency shall impose such other reasonable restrictions upon such uses as are
necessary to protect the development and use of the Project Area.
(S 406) Neighborhood Impact
A primary intent of this Plan is to avoid any adverse impact on community
residents.
The objective of this Plan is to actively facilitate development of completed
sand and gravel sites, as well as other existing under-utilized lands within the
Project Area for purposes of increasing employment opportunities, property tax
revenues, sales tax and other related revenues and benefits to the City. The
short-term positive impact to residents in the community is the establishing of
an economically viable city, with an overall revenue base sufficient to provide
needed and desired public services to the community. The land uses
contemplated in this Plan will contribute to the long-time economic viability of
the City by attracting purchasing power available from consumers and users of
the proposed industrial and recreational facilities. The long-term impact
depends upon the City's ability to devise and implement a long-term strategy,
via this Plan, that will insure the economic viability of the city over the long-
term by providing for land uses which will result in economic returns to replace
the revenues which will be lost as sand and gravel operations diminish with the
completion of quant' sites. With the City's continued economic viability,
adequate streets, utilities, storm drainage systems and other such community
services maybe assured Since the City's projected resident population is
expected to remain static, proposed commercial/recreational uses will be
particularly important to generating sales tax revenues from a regional market 110)
IrwiMelckmindomemendamendedredplankmdomD60)01
f0**�' area.
The land uses permitted in this Plan have been so designed to reduce adverse
impacts and maximize positive impacts to residential areas adjacent to the
Project Area. Where development sites abut single-family homes, light
industrial and recreational uses have been recommended. Buffering will be
implemented to protect the integrity of residential neighborhoods, with
exceptions to this being the commercial uses on Ramona Boulevard in the
vicinity of Hombrook Avenue in Baldwin Park, and commercial/recreational in
the vicinity of Meridian Street. Where proposed uses abut existing or future
industrial sites, impacts are anticipated to be slight.
Rehabilitation of the quarry sites will result in interim impacts from
construction. Most significant may be noise from construction vehicles and
grading equipment. This can be mitigated by limiting hours of operation to
daylight hours. Dust is controllable by periodic application of water.
The proposed method of backfilling sites to natural grade is a slurry operation.
This will significantly reduce the potential adverse impacts to residents in the
community of a truck hauling operation. It will, however, result in using
significant amounts of water, the impact of which could be mitigated by
requiring recirculation.
f^ With a large commercial/recreation area significant numbers of automobiles and
subsequent emissions will be generated - especially on weekends. While this
will impact on air quality in the immediate vicinity, the proposed development
may reduce regional impacts by encouraging leisure time activities relatively
closer to home. Furthermore, more recent technology, together with existing
Federal requirements, suggests that pollution from motor vehicles may be
controllable to satisfactory levels in the very near future.
The major impacts of this Plan, together with other effects, are further discussed
in the Environmental Impact Report prepared for this Plan.
D. (S 407) General Controls and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan.
No real property shall be developed, rehabilitated, or otherwise changed after
the date of the adoption of the Plan except in conformance with the provisions
of this Plan.
(1) (S408) New Construction
IrvimlelekmindomemcndW�w�dedmdVlmkmdom060'/0l 9
All new construction in the Project Area shall comply with all applicable
State and local laws in effect from time -to -time including, without FI
limitation, the Building, Electrical, Heating and Ventilating, Housing, and
Plumbing Codes of the City.
All sites shall be landscaped with the City's zoning ordinance to prevent
unsightly or barren appearance.
Off-street loading facilities shall be located in a manner to avoid
interference with public use of sidewalks from the street. Off-street
loading facilities must be screened to the extent and in the manner
required by the Agency.
The Agency shall establish setback requirements for all new development
within the Project Area, which may exceed the requirements of the City's
zoning ordinance.
(2) (S409) Existing Non -Conforming Uses
The Agency is authorized to permit an existing use to remain on an
existing site which use does not strictly conform to the provisions of this
Plan, provided that such use is determined by the Agency to be generally
compatible with the development and uses in the Project Area. The owner
of such a property shall obtain a certificate of conformity or must be
willing to enter into a participation agreement and agree to the imposition
of such reasonable restrictions and provisions as are necessary to protect
the development and use of the Project Area.
(3) (S410) Rehabilitation
Any existing structure within the Project Area which the Agency shall
approve for retention and rehabilitation shall be repaired, altered,
reconstructed, or rehabilitated in such a manner that it will meet the
requirements of being safe and sound in all physical respects and be
attractive in appearance and not detrimental to the surrounding uses.
(4) (S411) Continuation of Allowable Sand and Gravel Uses
Economically productive sand and gravel uses that are allowed to continue
shall conform to all laws, ordinances and permit restrictions in force. The
Agency shall endeavor to restore completed sites to land uses that are an
asset to the community.
(5) (S412) Open Spaces and Landscaping
The approximate amount of open space to be provided in the Project Area 1100)
imindale�ndom ndu ndedredplan\e M060701 10
is the total of all areas which will be in the public right-of-way, the public
grounds, the space around buildings, and all other amounts of outdoor
areas not permitted through limits on land coverage by this Plan to be
covered by buildings. Landscaping plans where new construction occurs
shall be submitted to the Agency for review and approval to ensure
appropriateness and optimum use of living plant material.
(6) (S413) Limitation on Type Size and Height of Buildings
The height, type, and size of buildings shall be as limited by the applicable
state statutes and local zoning, building and other applicable codes and
ordinances.
(7) (S414) Light. Air and Privacy
In all areas sufficient space shall be maintained between buildings to
provide adequate light, air and privacy.
(8) (S415) Signs
On premises advertising, signs shall be permitted in the Project Area only
in conformity with State statutes, and local codes and ordinances.
(9) (S416) Utilities
The Agency may require that all utilities be placed underground whenever
physically feasible.
(10) (S417) Incompatible Uses
No use or structure which by reason of appearance, traffic, smoke, glare,
noise, odor, or similar factors would be incompatible with the surrounding
areas or proposed land uses shall be permitted in any part of the Project
Area.
Except as permitted by the City, there shall be no opening or penetration
within 500 feet of the surface with the Project Area for extraction of oil,
gas, or other mineral substances or for any other purpose connected
therewith.
(11) (S418) Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based upon race, color,
creed, religion, sex, marital status, national origin, or ancestry permitted in
the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of
property in the Project Area. All property sold, leased, conveyed, or
i�ave��ao�e�maav�Nkmaomoewa� 11
E.
subject to a participation agreement shall be made 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 Section 33436 of the Health and Safety Code of the State of
California and by other provisions of the law.
(12) (S419) Minor Variations
Under exceptional circumstances the Agency is authorized to permit
variations from the limits, restrictions, and controls established by the
Plan. In order to permit such a variation, the Agency must determine that:
(1) The application of certain provisions of the Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purpose and intend of the Plan.
(2) 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.
(3) Permitting a variation will not be materially detrimental to the
public welfare or injurious to property or improvements in the
area.
(4) Permitting a variation will not be contrary to the objectives of f -he
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.
(S 420) Design for Development
Within the limits, restrictions, and controls established in the Plan, the Agency
is authorized to establish heights of buildings, land coverage, 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 architectural, landscape, and site plans submitted to and approved in
trwindalekmindomemendu dedmdplenbmdomO6G7O1 12
writing by the Agency. 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 qualify of the. Project Area. The Agency shall not
approve any plans that do not comply with this Plan.
F. (S421) Building Permits
(1) (S422) Review of Applications for Issuance of Permits
No permit shall be issued for the operation of any site or construction of
any new building or for any construction on an existing building or site in
the Project Area from the date of adoption of this Plan until the application
for such permit has been processed in the manner herein provided. Any
such permit that is issued must be in conformance with the provisions of
this Plan.
Upon receipt of such an application for permit, the Executive Director of
the Agency shall be requested by the City to review the application to
determine what effect, if any, the issuance thereof would have upon the
Plan. Within thirty (30) days thereafter, said Executive Director after
conferring with the Planning Commission shall file with the City a written
report setting forth his finding of fact, but not limited to, the following;
(1) Whether the proposed improvements would be compatible with the
standards and other requirements set forth in the Plan; and
(2) What modifications, if any, in the proposed improvements would
be necessary in order to meet the requirements of the Plan; and
(3) Whether the applicant has entered into an agreement with the
Agency for the development of said improvements and submitted
development plans to the Agency.
After receipt of said report or after said 30 -day period, whichever occurs
first, the City may allow the issuance of the permit with conditions; or
shall withhold the issuance of the permit if the Executive Director finds
that the proposed improvement does not meet the requirements of the
Plan. Within five (5) days after allowing or withholding issuance of the
permit, the City shall notify by certified mail the applicant and the
Executive Director of its decision.
V. (S 500) METHODS FOR FINANCING THE PROJECT
f^ A. (S 500) General Description of the Proposed Financing Methods
Irviinddekmindomamend`amended�edPienk"'d°nA6U]01 13
Upon adoption of this Plan by the City Council, the Agency is authorized to
finance this Project with financial assistance from the City, State of California,
property tax increments, interest income, Agency bonds, or any other available
source.
Advances and loans for survey and planning and for the operating capital for
nominal administration of this Project shall be provided by the City until
adequate tax increments or other funds are available to repay the loans or are
sufficiently assured to permit borrowing adequate working capital from sources
other than the City. The City as it is able will also supply additional assistance
through City loans and grants for various public facilities.
As available, gas tax funds from the State of California and the County of Los
Angeles may be used for the street system. Further, as available and as
appropriate, funds available through the Economic Development Administration
may be utilized to fund primarily off-site public improvements needed to
facilitate site development. Some revenue will also accrue to the Project from
interest earned on investment of Agency funds.
The Agency is authorized to issue bonds from time to time in amounts sufficient
to finance the Project.
The Agency is hereby authorized to obtain advances, borrow funds and create
indebtedness in carrying out the Redevelopment 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. (S 502) Tax Increments
All taxes levied upon taxable property within the City Industrial Development
Project each year by or for the benefit of the State of California, County of Los
Angeles, City of Irwindale, any district, or other public corporation (hereinafter
sometimes called "taxing agencies") after the effective date of the ordinance
approving this Redevelopment 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
Redevelopment Project 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 funds of the respective taxing
agencies as taxes by or for said taxing agencies on all other property are
paid (for the purpose of allocating taxes levied by or for any taxing
agency or agencies which did not include the territory of the Project on
the effective date of such ordinance but to which such territory is annexed
�aa,e�ao�a�e�aemmv�o oao o, 14
or otherwise included after such effective date, the assessment roll of the
County of Los Angeles last equalized on the effective date of said
ordinance shall be used in determining the assessed valuation of the
taxable property in the Project 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, refunded, assumed, or
otherwise) incurred by the Agency to finance or refinance, in whole or in
part, this Redevelopment Project. Unless and until the total assessed
valuation of the taxable property in the Project exceeds the total assessed
value of the taxable property in the Project 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 shall be paid into
the funds of the respective taxing 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 of
the Project shall be paid into the funds of the respective taxing agencies
as taxes on all other property are paid.
The portion of taxes mentioned in subdivision (2) above are hereby
irrevocably pledged for the payment of the principal of and interest on the
advance of moneys, or making of loans, or the incurring of any
indebtedness (whether funded, refunded, assumed, or otherwise) by the
Agency to finance or refinance in whole or in part the City Industrial
Development Project.
The Agency is authorized to make such pledges as to specific advances,
loans and indebtednesses as appropriate in carrying out the Project.
C. (S 503) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from any other public
or private source will be utilized if available as needed.
VI. (S 600) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take
all actions necessary to ensure the continued fulfillment of the purposes of this Plan and
to prevent the recurrence or spread in the area of conditions causing blight. Action by the
City shall include, but 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
oma.�km�ao�m.�a�mwvw�mao�osooi 15
VR.
VIII.
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.
(2) Institution and completion of proceedings necessary for changes and
improvements in publicly owned public utilities within or affecting the Project
Area.
(3) Revision of zoning within the Project Area to permit the land uses and
development authorized by this Plan.
(4) 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.
(5) The undertaking and completing of any other proceedings necessary to carry out
the Project.
(S700) ENFORCEMENT
After development, the administrative enforcement of this Plan or other
documents implementing this Plan shall be performed by the City or the
Agency.
The provisions of this Plan or other documents entered into pursuant to this Plan
may also be enforced by court litigation instituted by either the Agency or the
City. Such remedies may include, but are not limited to, specific performance,
damages, reentry, injunctions, or any other remedies appropriated to the
purposes of this Plan. In addition, any recorded provisions, which are expressly
for the benefit of owners of property in the Project Area, may be enforced by
such owners.
(S 800) PLAN LIMITATIONS
This Plan shall be subject to the following limitations:
A. (S801) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions which shall run
in perpetuity, the provisions of this Plan shall be effective and provisions of
other documents formulated pursuant to this Plan may be made effective for
forty (40) years from the date of adoption of this Plan by the City Council.
After this time limit, the Agency shall have no authority to act pursuant to this
u ��a.i�km�wv�k�a��aot.�kmoe000 16
Plan except to pay previously incurred indebtedness, collect tax increment
revenue, and enforce existing covenants, contracts, or other obligations.
B. (S 802) Amount of Tax Increment Allocated Annuallv
Taxes as defined in Section 33670 of the California Community Redevelopment
Law shall not be divided and shall not be allocated to the Agency in excess of
$50,000,000 during any one fiscal year, except by amendment to this Plan.
C. (S 803) Time Frame to Incur Indebtedness
Notwithstanding any other provision of this Plan, and except as provided in this
Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, no loan, advance or indebtedness to be repaid from such
allocations of taxes established or incurred by the Agency to finance in whole or
in part the Redevelopment Project shall be established or incurred after January
1, 2004. Such loan, advance or indebtedness may be repaid over a period of
time longer than such time limit. This limit shall not prevent the Agency from
incurring time longer than such time limit. This limit shall not prevent the
Agency from incurring debt to be repaid from the Low and Moderate Income
Housing Fund or establishing more debt in order to fulfill the Agency's housing
obligations under Section 33413 of the Redevelopment Law. In addition, this
limit shall not prevent the Agency from refinancing, refunding, or restructuring
indebtedness after such time limit, if the indebtedness is not increased and the
time during which the indebtedness to be repaid does not exceed the date on
which the indebtedness would have been paid.
D. (S 804) Time Frame to Collect Tax Increment Revenue
Notwithstanding any other provision of this Plan, and except as provided in this
Section and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or
as otherwise permitted by law, the Agency shall not pay indebtedness with the
proceeds of property taxes received pursuant to Health and Safety Code Section
33670 or receive property taxes pursuant to Health and Safety Code Section
33670 after ten (10) years beyond the duration of this Plan pursuant to Section
803. These limitations shall not be applied to limit the allocation of taxes to the
Agency to the extent required to eliminate project deficits created under
subdivision (g) of Section 33334.6 of the Redevelopment Law in accordance
with the plan adopted pursuant thereto for the purpose of eliminating the deficits
or to the extent required to implement a housing program requirement pursuant
to Section 33413 of the Redevelopment Law. hi addition, these limitations shall
not affect the validity of any bond, indebtedness, or other obligation, including
any mitigation agreement entered into pursuant to the Redevelopment Law,
prior to January 1, 1994, or the right of the Agency to receive property taxes,
pursuant to Health and Safety Code Section 33670 to pay the bonds,
indebtedness, or other obligation.
i �a.,� m �. K�av �w�aRaai,�k ao osovo 17
IX. (S 900) 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.
rk
N
iminaatekc"n&menendmneMntedylanN".m W701 18