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Ordinance - 13421 2 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 • 17 18 19' 20 21 22 23 24 25 26 27 28 �^ 29 30 31 32 .I ORDINANCE NO. 1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING ORDINANCE NO. 1180 OF THE CITY COUNCIL, AND APPROVING AND ADOPT- TING CERTAIN AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE WEST COVINA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of West Covina adopter Ordinance No. 1180 on December 20, 1911, approving and adopting the Redevelopment Plan for the West Covina Central Business Dis- trict Redevelopment Project (hereinafter referred to as the "Project"); and WHEREAS, .the West Covina Redevelopment Agency (hereinafter referred to as the "Agency") has prepared and submitted to the City Council for approval and adoption certain proposed amendments to the Redevelopment Plan for the Project, accompanied by the Agency's Report to City Council on the proposed amendments; and WHEREAS, the Planning Commission of the City of West Covina has submitted its report and recommendation, finding the proposed amendments to be in conformity with the General Plan of the City and recommending adoption of the proposed Amendment; and WHEREAS, the Agency has, in accord with the requirements of the California Environmental Quality Act of 1970, as amended (Public Resources Code, Sections 21000 et seq.), State Guidelines and the Guidelines and Regulations for the Implementation of the California Environmental Quality Act of 1970 adopted by the Agency, prepared a Draft Environmental Impact Report on such proposed amendments to the ,Redevelopment Plan; and WHEREAS, after due notice, a joint public hearing was held by the City Council.and the Agency on the proposed amend- ments and on the Draft Environmental Impact Report; and WHEREAS, the Agency has adopted a resolution certifying and adopting the Environmental Impact Report as the Final Environ-1 mental Impact Report on such proposed amendments.; and r� L W 1 2 3 [i I 5' 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 "712 WHEREAS, all actions required by law have been taken by all appropriate public agencies; NOW, THEREFORE, the City Council of the City of West Covina DOES HEREBY ORDAIN as follows: SECTION ONE. The legal description of the boundaries of the Project are and continue to be these described in the document recorded on December 28 , 1971 with the County Recorder of the County of Los Angeles in Book M3935 , page 908 of the Official Records, as Instrument No. 2475 SECTION TWO. The purposes and intent of the City Council with respect to the Project area were and are to: 1. Eliminate the conditions of blight existing in the Project area; 2. Insure, as far as possible; that the causes of blight- ing conditions will be either eliminated or protected against; 3. Provide participation for owners and tenants and a reasonable preference for persons engaged in business in the Project area; 4. Encourage and insure the rehabilitation, rebuild- ing, and.redevelopment of the Project area 5. Encourage and foster the economic revitalization of the Project area; 6. Relocate the owners and occupants of the Project area as needed; and 7. Redevelop and rebuild the public facilities in the Project area to provide safer and more effi- cient service for the people in the area and the general public as a whole. SECTION THREE. The proposed amendments to the Redevelop- ment Plan for the Project. (a copy of which amendments are attached hereto as Exhibit 1) are hereby incorporated herein by reference -2- E • .• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I and made a part hereof as if fully set out at length herein. SECTION FOUR. It is hereby found and determined by the City Council that the amendments to the Redevelopment Plan for the Project, as prepared by the Agency and as reported and recom- mended on by the Planning Commision, are necessary and desirable for the redevelopment of the Project area in accordance with the purposes and intent of the City Council expressed hereinabove with respect to.the Project area. SECTION FIVE. The City Council hereby certifies that it has reviewed and considered the information contained in the Final Environmental Impact Report on such proposed amendments to the Redevelopment Plan, concurrent with its action on said amend- ments as provided in this Ordinance; hereby finds that redevelop- ment activities conducted pursuant to the Redevelopment Plan (as originally approved and adopted and as proposed to be amended pursuant to said amendments) will not have.a significant effect nor a substantial adverse impact on the environment; and hereby approves and adopts said Final Environmental Impact Report as the report of the City Council. SECTION SIX. All written and oral objections to the amendments to the Redevelopment Plan are hereby overruled. SECTION SEVEN. The amendments to the Redevelopment Plan for the Project are hereby approved and adopted; the Redevelop- ment Plan and Ordinance No. 1180 which approval and approved said Redevelopment Plan are hereby amended as set forth herein and in said amendments (and those portions .of the Redevelopment Plan and said Ordinance No. 1180 not affected by said amendments and this Ordinance shall remain and continue in full force and effect); and the Redevelopment Plan (as hereby amended) is here- by designated the official redevelopment plan for the West Covina Central Business District Redevelopment Project. - 3- • • 1 2 3 4 5 6 .7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 that: SECTION EIGHT. The City Council hereby finds and determineE 1. Upon the record of the joint public hearing on said amendments to the Redevelopment Plan, the Report of the Agency thereon (copies of which are on file in the office of the City Clerk and which is hereby in- corporated herein by reference and made a part hereof as if fully set out at length herein) and supporting data thereto, and testimony received at said joint public.hearing, the.Project area is, and continues to be, a blight area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California. 2. The Redevelopment Plan (as originally approved and adopted and as hereby amended) will redevelop the Project area in conformity with the Community Re- development Law of the State of California and in the interests of the public peace, health, and safety and welfare; 3.. The carrying out of the Redevelopment Plan (as originally approved and adopted and as hereby amended) is economically sound and feasible; 4. The amendments to the Redevelopment Plan and the Re- development Plan (as hereby amended) conform to the General Plan of the City of West Covina; 5. The carrying out of the Redevelopment Plan (as originally approved and adopted and as hereby amended) will promote the public peace, health, safety, and welfare of the City of West Covina, and will effectuate the purposes and policies of the Community Redevelop- ment Law of the State of California; -4- • 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1-5 16 17 18 19 20 21 22' 23 24 25 26 27 28 29 30 31 32 I 6. The condemnation of real property, as provided for in the Redevelopment Plan (as originally approved and adopted and as unaffected by said amendments hereby approved and adopted by the City Council), is necessary to the execution of the Redevelopment Plan (as originally approved.and adopted and as hereby amended) and adequate provisions have been made for payment for property to be acquired as provided by law; 7. There are no families and persons presently residing in housing facilities in the Project area. However, in the event that any families and persons reside in the Project area in the future and are subsequently displaced by redevelopment activities: a. The Agency has feasible method and plan for the relocation of families and persons.to be temporarily'or permanently displaced from housing facilities in the Project area;. b. There will be provided in the Project area or.in the 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 such displaced families and persons and reasonably accessible'to their places of employment; C. The City Council -is satisfied permanent housing facilities will be available within three years from the time occupants of the Project area are displaced, and that pending the development of - 5- n U C� J 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 .23 24 25 26 27 28 29 30 31 3? � such facilities there will be available to such displaced occupants adequate temporary housing _facilities at rents comparable to those in the City .at the time of their. displacement. 8. The elimination 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.. 9. The City Council is convinced that the effect of tax increment financing', as permitted and contem- plated by the Redevelopment Plan (as originally approved and adopted and as unaffected by said amendments, hereby approved and adopted by the City Council), will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project area. 10. In order to implement and facilitate the.effectuation of the Redevelopment Plan (as originally approved and adopted and as hereby amended), it is found and deter- mined that certain official action must be taken (and must continue to be taken) by the City Council with reference, among other things, to changes in zoning, the vacating and removal of streets, alleys, ands other public ways, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly the City - Council hereby: a. Pledges its continued cooperation in helping to carry out the Redevelopment Plan (as originally approved and adopted and as hereby amended);.and 0 K] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 26 27 28 29 30 31 3ti 1 b. Requests the various officials, departments, boards and agencies of the City of West Covina having administrative responsibilities in the Project area likewise to continue their coopera= tion to such end and to continue the exercise pf their respective functions and powers in a manner consistent with the Redevelopment Plan .(as originally approved and adopted and as hereby amended); and C. Stands ready to take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan (as originally approved and adopted and as hereby amended). SECTION NINE. The City Clerk hereby is directed to cause the incorporation of said amendments hereby approved and adopted into the Redevelopment Plan. The City Clerk hereby is further directed to .send a certified copy of this Ordinance and a copy of the Redevelopment Plan (as hereby amended) to the Agency. The Agency hereby is vested with the responsibility for carrying out the Redevelopment Plan (as hereby amended) for the West Covina Central Business District Redevelopment Project. SECTION TEN. The Agency hereby is directed to effectuate recordation of documents pertaining to the approval and adoption of"said amendments to the Redevelopment Plan in compliance with the. provisions of Section 27295 of the Government Code to the extent applicable. SECTION ELEVEN. The Building Department of the City of West Covina is hereby directed to continueto advise all appli- cants 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. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 1 SECTION TWELVE. Within 90 days.after June 30 of each year following the effective date of this ordinance and at such other times as City Council may request in writing, and until the Re- development Plan (as hereby amended) has been fully accomplished, the Agency shall continue tofile with the City Council a report containing a statement of the progress.made under the Redevelop- ment Plan (as hereby amended) the financial condition of the Agency, and such other information concerning the Project as the City Council may request. SECTION THIRTEEN. The City Clerk shall certify to the adoption of this ordinance and to its approval by the City Council and cause the same to be published once in a newspaper with general circulation within the City of West Covina. APPROVED and ADOPTED this 23rd day of May ,.1977. MAYOR City of West Covina, California ATTEST: APPROVED AS TO FORM: < L .C•G� .� (/l1 Deputy - City Clerk GE RGE WAKEFIELD City Attorney s PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE WEST COVINA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AMENDMENT NO. 1 That 9 504 (pertaining to regional commercial uses permitted in the Redevelopment Project) be amended to read as follows: "Within Area B on the map, regional commercial uses will be permitted. These regional commercial uses shall include but not be limited to regional shopping centers, and business and financial services; their associated speciality and accessory shops; and supporting vehicle parking facilities; and those uses permitted in a regional commercial zone as Ue-fined in the Cit MuniclEal Code as now exist- ing or as hereafter amended) and applicable City ordinances, IT AMENDMENT NO. 2 That @ 505 (pertaining to service commercial uses permitted in the Redevelopment Project) be amended to read as follows: "Area E on the map shall be used for service . commercial uses. Such service commercial uses shall include but not be limited to commercial uses which are of relative high intensity and are unique in that their success depends upon direct motorist exposure, excellent access and which provide a service to the consumer, and which are otherwise permitted in a ser- vice commercial zone as derined in the City l Code as now existing or as herearter amended) an app ica e 1ty or finances. AMENDMENT NO. 3 That S 506 (pertaining to neighborhood commercial uses permitted in the Redevelopment Project) be amended to read as follows: "Neighborhood commercial uses shall be permitted in Area D on the map. Such neighborhood commercial uses are by their nature of moderate intensity and shall include but not be limited to commercial enter- prises that serve the basic needs of the surrounding residential neighborhood. Such uses shall include but not be limited to those uses permitte2 in a • neighborhood commerclaT zone as defined in e City unici a Cole as now existing or as hereafter amended) and app ic City ordinances. AMENDMENT NO. 4 That 0 522 (pertaining to Minor Variations) shall be amended to'read as follows: "Under exceptional circumstances the Agency is authorized to permit variations from the limits, restrictions, and con- trols established by the Plan. In order to permit such a 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 purpose and intent of the Plan. (b) There are exceptional circumstances or con- ditions 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. 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. The provisions of this part are applicable only to the rules and reguiations promulgated y he Pian.11 AMENDMENT NO. 5 That 8 523 (pertaining to Design for Development) be amended to read -as follows: "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 writing by the Agemey with the Feeemmexdatiee of the Planning Commission (utilizing Precise Plan procedures) subject to a twenty (20) day call uR period by the Council/Agency, unless allowed pursuant to the procedures of bection 524. 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." AMENDMENT NO. 6 That @ 525 (pertaining to Building Permits and Review of Applications for issuance of Permits) be amended to read as follows: "No permit shall be issued for the construction of • any new building or for any construction on an existing building 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 46 5 days thereafter said Executive Director aftep eeafetPF}ag -a}th the PlaHRiRg QemmissieR shall file with the City a written report setting forth his findings of fact, including, but not limited to, the following: a. Whether the proposed improvements would be compatible with the standards and other requirements set forth in the Plan; and b. What modifications, if any, in the proposed improvements would be necessary in order to meet the requirements of the Plan; and C. 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 44 5 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 he finds that the proposed improvement does not meet the requirements of the Plan. Within 5 days after allowing or with- holding issuance of the permit the City shall notify by certified mail the applicant and the Executive Director of his decision." AMENDMENT NO. 7 That the Map attached to the Redevelopment Plan and referred to in 9 100 as "Part 11" be replaced by the Map attached hereto. r� U