Ordinance - 13421
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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
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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
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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.
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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;
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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
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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
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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.
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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:
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.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.
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