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HomeMy WebLinkAboutCC Ord 780 1969-03-03 .-- ~'. ~. ';"Ill " ..' ."", . , , . , . - ,. '. '" ..: I . . . '., , .' , I, t, 3/:IfJI{ m / t:. ,.1 1..;~e. 111- 57r ~ ~",' ?, :. t"Ill\~I\'lAI. ot:, ~lqt..L ~?': ~ '~~ \3': li',KuN 1==,,0 t N.O;~ I. " ::., r'~:!'<:; OFFICE "'\-1- C'T I .......c:,.,,- I c. . I ~ I ORDINANCE NUMBER 780 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN, AS MODIFIED, FOR THE RIVERFRONT REDEVELOPMENT PROJECT. WHEREAS, The, Redevelopment Agency of the city of Seal Beach, California, (hereinafter referred to as the "Agency") formulated and prepared the proposed Redevelopment Plan for the Riverfront Redevelopment project: and WHEREAS, The Planning Commission of the city of Seal Beach has submitted its report and recommendation, recommending approval of said proposed Redevelopment Plan: and WHEREAS, The Agency adopted rules for owner participation in the Project Area: and WHEREAS, The Agency submitted to the City Council of the City of Seal Beach said Redevelopment Plan and has submitted the Report of the Agency: and WHEREAS, After due notice a joint public hearing has been held by the Agency and this Council: and WHEREAS, At said joint public hearing this Council heard and passed upon all oral testimony: and WHEREAS, No oral or written objections were made by any persons at said joint public hearing: and WHEREAS, Certain modifications which were recommended by the Planning Commission and the Agency were approved and made by the City Council in said Redevelopment Plan pursuant to the provisions of Section 33363.5 of the California Health and Safety Code: and WHEREAS, All references herein to the Redevelopment plan shall refer to the Redevelopment Plan as modified by the City Council: and WHEREAS, All action required by law has been taken by all appropriate public agencies: NOW, THEREFORE, the City Council of the City of Seal Beach does ordain as follows: Section 1. The purposes and intent of the City Council with respect to the Project Area are to: (1) Eliminate the conditions of blight existing in the Project area: (2) Insure, as far as possible, that the causes of blighting conditions will be either eliminated or protected against: (3) Provide participation for owners in the project Area: (4) Encourage and insure the rehabilitation, rebuilding, and development of the ~roject Area: (5) Encourage and foster the economic revitalization of the Project Area: (6) Redevelop and rebuild the public facilities in the Project Area to provide safer and more efficient public services. ~ " I ~ I I ..... Ordinance Number . C. ;' . " , , . . ..' . .,. . ' . , ' , , . . ..... ."'. , " .j,. I Section 2. The Redevelopment Plan for Riverfront Redevelopment Project is hereby incorporated herein by reference and made a part hereof as fully as if set out at length herein. Section 3. The Redevelopment Plan for the Riverfront Redevelop- ment Project hereby is approved and adopted and designated the official redevelopment plan for the Riverfront Project Area. Section 4. The city Council hereby finds and determines that: (1) 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 Calffornia: (2) The Redevelopment Plan for the Riverfront Redevelopment Project will redevelop the Project Area in conformity with the Community Redeve16pmeht Law of the State of California and in the interests of the public peace, health and safety and welfare: (3) The adoption and carrying out of the Redevelopment Plan for the Riverfront project is economically sound and feasible: (4) The Redevelopment Plan for the Riverfront Redevelopment Project conforms to the General Plan of the City of Seal Beach: (5) The carrying out of the Redevelopment Plan for the Riverfront Project will promote the public peace, health, safety and welfare of the city of Seal Beach and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California: (6) The condemnation of real property, as provided for in the Redevelopment Plan for the Project Area,iis neces- sary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law: (7) No residents will be displaced, either temporarily or permanently, from the Project Area, therefore no provision need be made for relocation of residents in the project Area: (8) The Redevelopment Plan for the project Area will afford a maximum opportunity consistent with the sound needs of the locality as a whole for the redevelopment of such area by private enterprise: (9) In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted it is found and determined that certain official action must be taken by the City council with reference, among other things, to change in zoning, the opening of additional streets, and other public ways, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly the City Council hereby: I I I Ordinance Number . l ,I , , , " i . ~ ." . '1',' . . . :~ ~ :i : (a) Pledges its cooperation in helping to carry out such Redevelopment Plan; and (b) Requests the various officials, departments, boards, and agencies of the City of Seal Beach having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Redevelopment Plan; and Section 5. All written and oral objections to the Redevelopment Plan are hereby overruled. Section 6. The city Clerk hereby is directed to send a certi- fied copy of this ordinance to the Agency and the Agency hereby is vested with the responsibility for carrying out the Redevelopment Plan for the Riverfront Redevelopment Project. Section 7. The City Clerk hereby is directed to record with the County Recorder of Orange County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the California Community Redevelopment Law. The Agency hereby is directed to effec- tuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. Section 8. The Department of Building and Safety of the City of Seal Beach is hereby directed for a period of three 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. Section 9. The City Clerk is directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 7 of this ordinance, a copy of this ordinance, and a map or plat showing the boundaries of the Project Area to the Auditor and Tax Assessor of Orange 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. Section 10. Whenever, in the accomplishment of the Redevelop- ment Plan it becomes necessary to institute any proceeding for change of zone, Change of grade, street opening or widening, or other similar proceedings, the City will institute the proceedings, where applicable law permits, without cost to the Agency. In no event shall any charge be made to the Agency, or any deposit be required of the Agency, where a charge or deposit would not be required by any other government agency. Section 11. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentence, clause, phrase, or portion be declared invalid or unconstitutional. ,I I I ..... . " ' . , . I~. : L. .' Section 12. The city adoption of this ordinance as required by law. ATTEST: . ./ .Qlfi ,,~S WLL~ c1Y'J Cle STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) Or(U':lanc~ Number , . . ,,' ~ . .' . r . .'. .' '.... . Clerk shall certify to the passage and and shall cause the same to be posted tf:~ L~ Mayor I, Jerdys Weir, City clerk of the City of Seal Beach, California, hereby certify that the foregoing ordinance was passed, approved, and adopted by the City Council of the city Of~ Beach at a meeting thereof held on the 3A.4.L day of d--1 d---- , 1969, by the following vot~ = ..d-. =: AYES: Councilmen ~ ,IfJLe~ ~:>~,... ~.uc;. , . , Councilmen ~ Councilmen ~-z L~~~../ NOES: ABSENT: fih-/~-T caJ~ C " Cler 1TV ,.. rn" ,...r T~.l'" CITY Of SI!.A~ I, JEnDVS WEIR, (' , . .' .." T' ".. T! '" rOREGOING HEfl"r', , " ,['0 BEACH, DO <,':', ,_ " ,. -'-"l"~,:'CE NO,:7-..._., ORDINANCF.'~~'r:') ,'. ," ~':T TO ORDINANCE AND WAS "v:".., " -.,.,,. NO,..2.l..~..ON THE .....~~..DAV of,?.1J4&dt,.J~b1 '~~r'-..7:tJ~-_.,.,-_. CITY CLER~ :1 /, I' .. " , .. . ' " :& . . a '. ".1,.' .~___....... ,_. .' . ..~.. J_~ ._....... '.'-. .'".--~......... ..--...:....-.- . -.....-.. . . ..__ ~__...'''':>''__ ......._..,0&_..... .._........ _ _...1_ ..... ::. . _ _:. u_ ._ -, 1 .1 ~'" " RESOLUTIO~ NO. 291 I RESOLUTIO:-i OF THE PLM;NING CmCnSSION OF THE CITY OF SEAL BEACH R~:PORTe;G ON TilE REDEVELOPHE:-iT 1'LA1'1 FOR P!I" RIVERFRb~T REDEVELOPHEN:r PROJECT ~m RECQ!oC'lENDIl\G THAT TilE CITY COU:,CIL APPROVE A~m ADOPT SAID PLAN. HIlEREAS, pursuant to Section 33346 of the California Com...cni.ty ReJevelop:r,ent Lm..., the Redevelop~ent A~ency submitted the proposed Redevelopment Plan and its conformity to the General Plan. NOH, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby report and reco..",end as follo\<s: 1. - . The Planning Co~mlssion finds that the proposed Riverfront Redevelopment Plan is in general conformity to the General Plan of the City of Seal Beach. 2. The proposed Redevelopment Plan ~lill provide vehicular access to landlocked and 'vacant parcels within this area thus'allolling pevelopment. 3. This proposed Plan will provide needed public improvements and'facilities essential for proper development of the Project area which will include: (1) sewer collection and treatment facIlities; and, (2) flood control,. facilities for the project'area. . 4. --The proposed Plan will allou private development and public improvements to be constructed on the no~ barren Pacific Electric right-of-way which civi:es the heart of the busi:1ess and older residential areas of the City. 5_' The Planning Commission recor.::;ends that the City Council approve and adojlt said proposed Redevelopr.:ent Plan. ADOPTED AND APPROVED' this 12th day of February , 1969. 'rZf . ~.;-/ /) I) ,},<--'."'-.............--- <,. L.:-....,-,-_,~'""-1 Chairman of the Planning ComMission . I ' I hereby certify that the foregoing resolution wils duly-adopted at a meeting of the Planning Commission of the City of Seal Beac\>. which \las held on ~!ednesday February 12, 1969 , and carried by the, following vote: AYES: Commissioners: Lanning, Peters, Crowley ,- , ~OES: ' Commissioners: None ABSENT,:--Comm:Lss;l,oners: Barton, Lescher,-, ---'- -- ----,---, .,----- ABSTAIN: Commissioners: None ":,1" , 1-' .' . " " , . t , " . , ' '. " " , , , ., " ' 1..1 " .1. _ . , .. , , '." 1..," . 'r. ~ .. .. . :-.~"",,--,,-""" . .. . . -.-: :-.~': .~L......~:~~":'~'~ _::..~~: ::~~ ", '.~~~___.~... .. I 292 ...... " '-\ ,....:.-:.-. .:...:..:...~~:(......__...--:_.....:._....:.-.__::: " I. .~ I ,.- RESOLUTION NO. A RESOLUTION OF THE PLANNe:G cmmISSION OF TilE CITY OF SEAL BEACH RE?ORTIXG ON THE REDEVELOPMENT PLAN FOR THE RIVE!\.F?,O:;T RCDEYELOP:'U::NT PROJECT. ^,'1D REco:,mEi,:oING 'fnA! THE CITY COU:,CI1 APPROVE AND ADOPT SAID PLM: WITH CERTAIN REVISIONS 4ND AMENm:ENTS. I j hqlEREA~, the Redevelop~ent Agency of the City of Seal Beach has previously submitted the proposed Riverfront Reclevelopment Plan to .the Planning Commission of said City, and, hqlEREAS, the Planning Cornoission of the City of Se~ Beach did, by Resolution' No. 291, approve and recommend to the City Council'the adoption of said proposed Redevelop~ent Plan, and WHEREAS, upon discussion and consultation with the Redevelopment Agency it appears desirable to make certain revisions and amendments to said Redevelopment Plan. , - ' . NOW, THEREFORE, BE IT RESOLVED tha~ the Planning Commission of the City of Seal Beach docs hereby report and recommend as follows: . .... ." .... " 1. Part I. (S 100) INTRODUCTION : The first sentence of this Section shall be amended to read: "The Redevelopment Plcn for the Riverfront Redevelopment Project consists of Part I - Text and Part II - ~:,1p." 2. Part IV. '(S413) Public Improve;"cnts 'I I The second sentence of this Section shall be amended to read: "Such public improvements include, but are not limited to, pedestrian malls .. and over or underpasses, bridbes, streets, curbs, gutters, sidewalks, 'street lfghts~ sewers, sewage treatment plaht, EFovisions for puoping of sewa~e to other facilities, sto~ drains, ttaffic signals, electrical distribution systems, natural gas distribut!on systems, water distribution . systems, parks, plazas and playgrounds." 3. Part V. (S 504) Multi-Family Housing The last sentence of paragraph 5 of this Section shall be amended to read: I flIn addition adequate_ guest parkins shall be provided." 4. Patt V. (S 506) Cor.unercial The first p~ragraph of t.hi~ Section shall be'amended to read: "Areas 8, 12 and 13 shown on the Hap shali be developed and used. for eOlT'.rnerdal service establishmc;1ts. If any part of Parcels 12 and '13. is not used for co~",ercial purposes, t~e~ the alternate use shall be public use. Said areas shal.l be developed according to the following standards." "I',"" ( I Ie .. " I ~"I ; ~. ..... Ordinance ~u~~r ' " '. , ,;'.':.':. - . . -', . ..... I. ~'l.': , ., .. n. ...~.._. _ __._._._.. u_ ..... -.-.-..-_..__.....__ ....-.--.. - "_.-----_., --'-.- - '-"- --... -.--.--."- --..-.- .-.... ..-. --- I I . " I' .( Resolution No. 292 - 2 s. (S 509) Other Public Pro~erty Part V. The first sentence in the second pari3graph of this Section shall be amended to read: "Areas IS, Hand 18 may be usee! for parking, li3ndscapil\g, and other public purposes." " The third paragraph ot this Section ~h.all be amended to read: . "Area 1 is designated for a neu seuage treatment plant or other public. uses." 6. Part VI.. (S 601) General Description of the Proposed rinancin~ Methods - The fifth paragraph of this Section shall be anended to' read: "Propl[!rty tax increments will be used to pay for the other debts of the Project, including the portion of the costs of the Sewer Treatment Plant which are of benefit to the Project; or in lieu thereof, provisions for pumping the seuage to other' facilities." . The sixth paragraph of this Section shall be a~ended to add the following sentence before the last sentence and to amend the last sentence as follous: : "As an alterni3tive to buildi!,r. a new .!!euer trea tmel),t:....pJant. o~her provision~ may be l:lade for t~n~l'lpins.-e.~ se_~L,~o other facilities. fit!:".!, tlle se\ler trei3tment plant or other provis~,?_,:,s fo.!....!?u,"!,in?, of se~~,~_tp_ ot~ fi3cili ties, is essential to the development of the Project area. ',' 7. The Map shall be changes as follows: (a) Areas 12 and 13 shall'be indicat~d as proposed coml:lercial use areas. . (b) The boundary line.betwaen Areas 15 and 16 shall be shifted approximately sa feet southeasterly (opposi~e ~5th Street). (c.) In Area 2 the portion designated for residential use shall be enlarged by extending ,said portion 100 feet southwesterly. . 8. The Planning Commission finds that the proposed Riverfront Redevelopment Plan, revised and amended as indicated in sections 1, 2, 3, 4,' 5, 6 and 7 above, is . in general conformit~ to the General Plan of thelCity of Seal. Beach. 9. The Planning Commission recoml:lends that the City Council approve and adopt said proposed Redevelopment Plan, uith the Revis~ons and Amendments as indicated In sections 1, 2, 3, 4, 5, 6 and 7 above. I ADOPTED ~~D APPROVED this 20th day of February, 1969. " '. , , . -- . .- , I"'; ~ LM-'-'- Commission 1 v , .. ';"',,/.'/ ' ?":~'''l._._ ..~ .., , , ~..... Chairman of the Planning '- ....... .. ord,inance Number -I'" :. ..... , ' . . .. ~.- _._~._~..-.._... .' ,', '. ' " , , " ,'. ~. Resolution ~o. 292 ~ 3 c I hereby certify that the rore~oing resolution was duly adopted at a meeting of the Planning Co,"",tssion of the City of Seal Beach which was held on T~ursday, February 20, 1969, and carried by the following vote: . AYES: , !\OE5: ABSCNT: Com::1issioners: Cor.\~J.i~siO\l.:;rs : Com:nissioners: Barton, Peters, Crowley ~~onc Lanning, Lescher .' , . ~~ 7' ,./,?'- . -~-- _.-~ ' i.,. -'?~7~&,~'':'-r-o=-?--- cretary of the 1'lannio;\ orr"n~ssion -- 'I . , . I' ..... : _/ , , I , ; . .'" -:..~ ....... ."''':1 .., "" I 1 I ", " ' : .1. 'Ordinance Number 'J ~ - I ',' THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT CITY OF SEAL BEACH LLOYD E. GUMMERE JOHN B. HAMILTON STANLEY G. ANDERSON CONWAY J. FUHRMAN VEDA M. DREIS LEE RISNER JERDYS WEIR D. BARRY MORGAN 'JAMES R. CARNES MAYOR MAYOR PRO TEMPORE COUNCILMAN COUNCILMAN COUNCILMAN CITY MANAGER CITY CLERK CITY TREASURER CITY ATTORNEY SEAL BEACH REDEVELOPY~NT AGENCY Lloyd E. Gummere John B. Hamilton Stanley G. Anderson Conway J. Fuhrman Veda M. Dreis Lee Risner John Mulqueeney Eugene Jacobs Chairman Vice Chairman Member Member Member Executive Director-Secretary Assistant Planner-Engineer Special Legal Counsel , SEAL BEACH PLANNING CO~~1ISSION Thomas Crowley Chairman Laurence Peters Vice Chairman Merva Lanning Commissioner Terry Barton commissioner William Lescher Commissioner John R. Stratford City Engineer, Secretary to The Planning Commission John Mulqueeney Assistant Planner- Engineer : Ordinance Number .; . . , " , , . .' " -'. ,. ~ .. TAB LEO F CON TEN T S REDEVELOPbillNT PLAN FOR TilE I RIVERFRONT REDEVELOPMENT PROJECT ARTICLE PAGE PART I - TEXT I. (S 100) INTRODUCTION . . . . . . . . . . 1 II. (S 200) GENERAL DEFINITIONS . . . . . 1 III. (S 300) PROJECT AREA BOUNDARIES . . . . . 1 IV. (S 400) PROPOSED REDEVELOPMENT ACTION . . . 4 A. (S 401) Property Acquisition . . . . . . . . 4 . 1. (S 402) Acquisition of Real Property . . 4 1 2. (S 403) Acquisition of Personal Property 4 B. (S 404) Participation by ~1ners. . . . 5 1. (S 405) Opportunities for Owners . 5 2. (S 406) Rules for Participation Opportunities, Priorities and Preferences . . . . . . 5 3. (S 407) Participation Agreements . . 6 C. (S 408) Cooperation with Public Bodies . . . 6 D. (S 409) Property Management . 6 E. (S 410) Relocation . . . . . . . . . . 6 F. (S 411) Demolition, Clearance, Public Improvements, and Site Preparation 6 1. (S 412) Demolition and Clearance . 6 Public Improvemehts. . . : : : 2. (S 413) . 7 I 3. (S 414) Preparation of Bhilding Sites. 7 , .,.-.. - .....------ -- " ,', Ordinance Number , .' I' ~'. . , .1. . '" OJ -. I . TABLE o F CON TEN T S (Continued) ARTICLE PAGE I G. (S 415) Property Disposition and Development 7 1. (S 416) Real Property Disposition and Development. 7 a. (S 417) General ; 7 b. (S 418) Purchase and Development by Participants. . . . . . . . . . 7 c. (S 419) Purchase and Development Documents. . . . 8 d. (S 420) Development. . . . 8 2. (S 421) Personal Property Disposition. . 8 V. (S 500) USES PERMITTED IN THE PROJECT AREA . 9 A. (S 501) 14ap. . . . . . . . 9 B. (S 502) Residential Uses 9 . . . . . 1. (S 503) Si.ngle Family Residential I Development . . . . 9 2. (S 504). Multi-Family Housing . 9 C. (S 506) Commercial . . . . . . . . 10 D. (S 507) Public Uses. . . . 10 1. (S 508) Rights of Way and Easements. 10 2. (S 509) Other Public Property. . . . . . 10 E. (S 510) Other Semi-Public, Institutional and Non-Profit Uses. . . . . . . . 10 F. (S 511) General Controls & limitations . 11 1. (S 512) New Construction . . . . . . 11 2. (S 513) Existing Non-Conforming Uses . 11 3. ' (S 514) Limitations on the Number of Buildings. I 12 . . . . . . . . . . I 4. (S 515) Open Spaces and Landscaping. . . 12 5. (S 516) Light, Air and Privacy . . 12 6. (S 517) Signs. . . . . . . . . . . . 12 , ' Ordinance Number .:.: " .". - ".: TABLE o F CON ',r E N T S (Continued) I ARTICLE PAGE 7. (S 518) Incompatible Uses. . . . . . . . . . 12 S. (S 519) Nondiscrimination and Non- segregation . . . . . . . . 12 9. (S 520) Resubdivision of Parcels . . . 12 10. (S 521) Variances . . . . . . . . 12 G. (S 522) Design for Development. 13 H. (S 523) Agency Review and Approval of Plans. 13 VI. (S 600) METHOD FOR FINANCING THE PROJECT . . . . . A. (S 601) General Description for the Proposed Financing Methods. . 14 B. (S 602) Tax Increments . . 15 , C. (S 603) Other Loans and Grants . . 16 I VII. (S 700) AC'l'IONS BY THE CITY. . 17 VIII. (S 800) ENFORCEMENT. . . . . . 17 IX. (S 900) DURATION OF THIS PLAN. . . 17 X. (S 1000) PROCEDURES FOP. AMENDMENT. 17 PART II - MAP I , , 1 Ordinance Number ,. .J- . .'.'.. .' . " ., REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT I. (S 100) INTRODUCTION The Redevelopment Plan for the Riverfront Redevelopment Pro- ject consists of Part I - Map and Part II - Text. This Re- development Plan has been prepared by The Community Redevelopment Agency of the City of Seal Beach, California purs~ant to the Community Redevelopment Law of the State of California, the California Constitution, and all applicable local laws and ordinances. ' II. (S 200) GENERAL DEFINITIONS The following references will be used generally in this Plan: A. B. C. D. E. I F. G. H. 1. J. 1,. "Plan" means the Redevelopment Plan for the Riverfront Redevelopment Project. "Map" means the Redevelopment Plan Map for the Riverfront Redevelopment Project. "Project" means the Riverfront Redevelopment Project "Project area" means the area included within the . boundaries of the Riverfront Redevelopment Project "Agency" means The Redevelopment Agency o'f the City of Seal Beach. "City" means the City of Seal Beach, California. "Planning Commission" means the Planning Commission of the City of "Seal Beach, California. "County" means the County of Orange. "State" means the State of California. ~Person" means any individual, or any public or private entity. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Section 33000 et seq.). III. (S 300) PROJECT AREA ,BOUNDARIES The boundaries of the Project area are illustrated on the Map. ~le legal description of the boundaries of the Project area is as follows: That certain parcel of land in the City of Seal Beach, County of Orange, State of California, described as follows: I -1- I 1 I 'Ordinance Number , , B<.>g5,nning, a1: the I:I8S~ northwester),y point of Tract #18]7, said nDrth- I.d,;terl)/poit<ct: also being on the ea,:te~_']y line of Pacif:'ic tC;~1st I',ighway (100 feet in ",i6.th, as 'sho,m on E-aid Tr;:,ct #181"1); thence southerly along s1.irl easterly line to its intersection with t,he southl'lesterly prolongation of t,he southerly line of Marvista Avenue (as &hol'ln on' said Tract #1817); thence S01.'thl'lesterly in a direct line to that paint of intersection of the southerly right of "'laY line of Fifth Street, 80 feet in width, and the westerly J:'ight of way line of Pacific Coast Highway, 100 feet in width (as shOivn on Record of Survey 86-50); thence south- westerly along said southerly line of Fifth Street 1:0 the most l.,resb:..rly corner' of Parcel 6 CIS shown on Assessors Nap Book 43 page 16; thence southeasterly along the southwesterly line of said Parcel 6 to the northerly right of way line of Marina Drive, 80 feet in width (as shown on said Assessors Map); thence southeasterly in a direct line to the most westerly corner of Lot 2, Block 206 of map of Stanton and Lothian's First Addition to Bay city, said corner being on the northeasterly right of way line of Electric Avenue north as shrrwn on said map; thence southeasterly along said northeasterly line and its southeasterly pro- longation to its intersection with the easterly right of way li.ne of Bay Boulevard, 80 feet in width; thence southwesterly along said easterly right of way line and its southwesterly prolongation to the northeasterly right of way line of Electric Avenue south as shown on Tract #1; thence southeasterly along said northeasterly right of way line of Electric Avenue south to the southeasterly boundary of said Tract #1; thence southwesterly along said southeasterly boundary to the intersection of the southeasterly prolongation of the south- westerly line of Electric Avenue south as shown on said Tract #1; thence northwesterly along said prolonged line to the northeasterly corner of Lot 58, Block 105 of Map of Bay city; thence westerly along the northerly line of said r,ot 58, Block 105 of Map of Bay city; thence westerly along the northerly line of said Lot 58 to the easL right of way line of Fifth Street; tQence westerly in a direct line to the northeasterly corner of Lot 65, Block 104 of Stanton and Lothian'~ Second Addition to Bay city; thence westerly along the northerly line of said Lot 65 to the northwest corner of said Lot 65; thence west,erly in a direct line to the northeasterly corner of Lot :n of Tract ~~698, said corner being a point in the southerly right of way line of Marina Drive; thence northwesterly along said, southerly right of way line to the easterly corner of Lot 1 of said Tract #698; thence westerly along the northerly line of said Lot 1 to the most northerly corner of said Lot l;'thence southwesterly along the northwesterly line of said Lot 1 and its southwesterly prolongation to its intersection with the southerly line of Central Avenue; thence nortln.,resterly along said line and its northwesterly prolongation to the intersection of the easterly line of First Street; thence ~outhwesterly along said line and its southwesterly prolo~gation to the most southerly corner of ParcelS as shown on Assessors Map Bo~{ 43 page 17; thence northwesterly along the south",esterly line of said Parcel 5 to the easterly right of way line of San Gabriel River Channel; thence northerly along said easterly line to its intersection "lith the northwesterly line of the 200 foot strip of land of the City of Los Angeles, Department of Water and Power; thence northeasterly along said northerly line and its prolongation to the intersection of a line 'parallel with and 130 feet southwesterly, measured at right of way,. 200 feet in width (as shOl'm , , on Record of Survey 10-50); thence southeasterly along said parallel line. to the Rancho Los Alamitos boundariy line; thence northeasterly along said boundary line to its inters~ction with the southwesterly right of way of Pacific Electric Compuny right of: way (200 feet in width); thence northwesterly along said southwesterly right of way line to the conunon boundary line of Los Angeles County and Orange county as , shown on said Record of Survey 10-50; thence northeasterly along said county lines to its inters!"ction with the easterly right of way line of, State Highway .'S ~hO\'m on Record of Survey 13-20; thence southe;:ly -2- " . I I , 'Ordinance Number '. \'. . :,' ",.-. along said easterly line to the intersecl:ion of the nortlll1lestel:ly corner of Assessors Parcel No. <:1,3-160-00: themce northeasterly along said northwesterly line to the bound~ry line of Rancho LOG Almnitos: thence northwesterly along said Rancho line to its intersecl:ion with said COUU'lon boundc:.ry li.ne of Los J>.ngcles county and Orange County: thence northeasterly along sai.d common boundary line to its intersection \-lith the northerly boundary line of the city of Seal Beach as shO\1lIl on , said Tract #2590: thence easterly along said northerly boundary to the northeast corner of Assessor.s Parcel No. 43-160-31: thence south- westerly along the easterly line of said parcel to the true point of beginning. ,- , I -3- I I I Ordinance Number , , '~'..: , " IV. (S 400) PROPOSED REDEVELOPMENT ACTIONS The Agency proposes to eliminate and prevent the spread of blight and deterioration in the Project area by: (1) Acquisition of certain real property; (2) Demolition or removal of certain buildings and im- provements; (3) Installation, constructi.on, or reconstruction of streets, utilities, and other site improvements; (4) Disposition of property for uses in accordance with this Plan; (5) Redevelopment of land for uses in accordance with this ~lan; A. (S 401) Property Acquisition 1. (S 402) Acquisition of Real Property The Agency may acquire, but is not required to acquire, all real property located in the Project area except as specifically exempted herein by gift, devise, exchange, purchase, eminent domain, or any other lawful method. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the project ~rea. , The Agency shall not acquire interests in oil, gas, or other mineral substances within the Project area. The Agency is no~ authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it is transferred to private ownership before the Agency completes land disposition within the entire Project area, unless the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee as to any interest in real property to be retained by an owner pursuant to a participation agreement. The Agency shall not acquire any prpperty in Areas 7 and 8 as shown on the ~1ap, commonly known as the Surburbia Parcel, which the owner thereof is presently d~veloping as a subdivision of single family homes and service retail facilities provided th~ present owner thereof enters into participation agreement with the Agency and records or has recorded a declaration of restrictions satisfactory to the Agency and binding on all prop- ~rtYiwithin Areas 7 and 8. 2. (S 403) 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 except eminent domain. -4- I I .1 'Ordinance Number .... ",' B. (S 404) Participation by Owners ., 1. (S 405) Opportunities for Owners Persons who are owners of residential, commercial, and other types of real property, including property that is now vacant, in the Project area shall 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. Purchasers and tenants of houses or retail commercial real property located within Areas 7 and 8 shown on the Map, commonly known as the Suburbia Parcel, shall not be required to enter into any participation agreement or obtain the approval of the Agency provided the present owner and subdivider, Apollo Development Corporation, shall have entered into participation agreement with the Agency within a reasonable time after adoption of this Plan and records or has recorded a declaration of restrictions satisfactory to the Agency and binding on all property within Areas 7 and 8. In the event an owner-participant fails or refuses to develop his real property pursuant to this Plan and participation the real property or any interest therein may be acquired by the Agency and sold or leased for development in accordance with this, Plan. ilUHilf.e- ;> 2. (S 406) Rules for Participation Opportunities, Priorities and Preferences The Agency shall provide an opportunity to owners to participate in the growth and development of the Project area, and shall promulgate rules for owner 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. Some of the factors to be considered in establishing these priorities and preferences should include length of time of ownership in the area, the accommodation of as many participants as possible, and conformity of a participation proposa~ with the general intent of the Plan. In addition to opportunities for participation by individual persons and firms, participation to the extent it is feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Opportunities to participate shall be provided to owners in the Project area without competition with persons and firms from outside the Project area. Participation opportunities shall necessarily be subject to and limited by such factors as the expansion and relocation of public facilitiesl elimination and changing of land uses; re- alignment and construction of streetsl and the ability of owners to finance acquisition and development in accordance with the Plan. -5- 1 I I " Ordinance Number " . " , ' -." " " 3. (5 407 Participation Agreements Each participant shall enter into a binding agreement with the Age~cy by which the participant agrees to develop or use the property in conformance with the Plan and to be subject to the provisions hereof. In such agreements, participants who retain real property shall be required to join in the recordation of such,documents as are necessary to make the provisions of this Plan applicable to their properties. C. (5 408) Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in ~he 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 authorized to acquire real property 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. , All development on property owned by public entities within the Project Area shall be subject to the prior architectural review and approval of the Agency. D. (5 409) Property Management During such time as property 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 to make up any tax loss occurring after the date of adoption of tlle Plan by the City Council, caused by a decrease in the total assessed valuation of property in the entire Project Area. E. (5 410) Relocation Relocation assistance will not be provided under this Plan si.nce there are no knOl'lO residents or businesses within the Project Area at the date of adoption of this Plan and any persons who become residents or establish businesses within Area 7 and 8 shown on the Map which are presently being developed shall be permitted to remain as provided in Section 405 of this Plan. F. (5 411) Demolition, Clearance, Public Improvements BuildIng and Site Preparation 1. (5 412) Demolition and Clearance The Agency is authorized to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. -6- 1 I I Ordinance Number " ", ,. . ",'.:' .' .... . ". " 2. (S 413) Public Improvements The Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) , necessary to carry out the Plan. Such public improvements in- clude, but are not limited to pedestrian malls and over or under- passes, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, sewage treatment plant, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, parks, plazas, and playgrounds. All utilities shall be installed underground except +ines carrying 60 kilovolts or above which shall be installed underground when technically and economically feas~able. . 3. (S 414) 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. G. (S 415) Property Disposition and Development 1. (S 416) Real Property Disposition and Development &. (S 417) 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 pr~perty by lease or sale without public bidding. All real property acquired by the Agency in the Project Area shall be sold or leased for development at prices which shall be not less than fair value for uses permitted in accordance with the Plan, except that real property may be conveyed by the Agency to the City or any other public body without charge. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that development is carried out pursuant to this Plan. All purchasers or lessees of property 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 fixes as reasonable, and to comply with other conditions which the Agency deemS necessary to carry out the pu~poses of this Plan. I b. (S 418) Purchase and Development by Participants Pursuant to the provisions of this Plan and the rules adopted by the Agency, the Agency shall offer real property in the Project Area for purchase and development by owner participants prior to the time that real property is made available for purchase and development by persons who are not owners in the Project Area. -7... I I I : Ordinance Number " '. " , " . . '. c. (8 419) 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 blignt, all real property sold, leased, or conveyed by the Agency shall be made subje~t to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the zoning ordinance, conditional use permits, or other means. ~~ere appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the Office of the Recorder of the County. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, covenants running with the land, right of reverter, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. All property in the Project area sold, leased or conveyed by the Agency shall be made subject I;)y, appropriate documents to the restriction that there shall 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. In addition, such property shall be made subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in tile Project Area shall contain such nondiscrimination and nonsegregation clauses as are required by law and that, if required by law, all such deeds, leases, and contracts shall be submitted to the Agency or the City Council for approval in regard to the inclusion of such clauses. , All deeds, leas~s, and contracts for the sale or other disposition by the Agency of real property in the Project area shall be submitted to the City Council for approval or dis- approval; provided, however, that such deeds, leases, and contracts need not be so submitted if the sale or other disposition has been by open competitive bid or if the sale is to an owner participant. If the City Council has not acted within thirty days after submittal, such sale or other disposition shall be deemed approved. d. (8 420) Development To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any buildings, facility, structure, or other improvement either within or outside the Project Area for itself or for any public body or entity to the extent that such improvement would be of benefit to the Project Area. During the period of development In the Project area, the Agency shall insure that the provisionk of this Plan and of other documents formulated pursuant to this Plan are being observed, and that development in the Project arba is proceeding in accordance with development documents and time schedules. The Agency shall require that development plans be submitted to it for approval and architectural review. All development must conform to this Plan and all applicable State and local laws and must receive the approval of the appropriate public agencies. 2. (8 421) Personal Property Disposition For the purposes of this Plan the Agency is authorized to sell, lease, exchange, transfer, assign pledge, encumber, or othenlise dispose of personal property. -r- _ _._._ ____. _ . -8- :1 I I Ordinance Number " . ," . " " V. '(S' 500j USES PERMITTED IN THE PROJECT AREA 0"'" ...... A. (S 501) Hap In, addition to illustrating the location of the Project boundary, the Map illustrates the immediately adjacent streets, the proposed public rights-of-way, and the proposed uses to be permitted in the Project area for all public, semi-publi.c and private land. B. (S 502) Residential Uses The Agency shall establish the specific residential use and density for each parcel prior to its disposition to achieve an overall average density for the residential poreion of the project of approximately 20 units per acre. The total number of dwelling units for the Project area is estimated to be approximately 1800. 1. (S 503) Single Family Residential Development Area 7 shown on the map shall be developed and used for single family residential development according to the following standards. Single family parcels shall be no less than 3000 square feet per parcel. The amount of land in each parcel ,qhich may be covered by residential buildings shall not exceed 67 percent and the building height shall not exceed two (2) stories. The single family residential population density shall not exceed 30 persons per acre. , Parking spaces shall be provided with a minimum of two (2) spaces per dwelling unit. , . 2. (S 504) Multi-Family Housing Areas 3, 5, 9, 10, 11, 14 and 16 shown on the map are designated for mUlti-family housing according to the following standards: Multiple family housing parcels shall contain no less than 6,300 square feet per lot. The amount of lartd which may be covered by buildings shall not exceed 60% for each parcel. The ratio of gross floor area of building to parcel area upon which they are situated shall not exceed 2.5 to 1. There shall be no maximum building height. Parking spaces shall be provided with a minimum of l~ off-street parking ~paces for each bachelor, single, or two-bedroom dwelling unit; and two off-street parking spaces for each 3 or more bedroom dwelli~g units. A minimum of one parking space per unit shall be contained wi thin a garage',or carport. In addition, a minimum of ~ parking space per unit for guest parking shall be . provided on parcels containing 50 units or more. The multi-family residential population density shall not exceed one hundred fifty (150) persons per acre. -9- I I I Ordinance Number " , ,..,. .j'. ,. If any portion of areas 11 and 14 is not used for multi-family housing, then the alternate use shall be parking and landscaping. c. (S 506) Commercial Area 8 shown on the service establishments. following standards. Map shall be developed and used for commercial Said area shall be developed according to the The ratio of gross floor area of buildings to the area of the parcels upon which they are situated shall not exceed 0.5 to 1. The amount of land which may be covered by buildings shall not exceed 30 per cent. The height of buildings in these areas shall not exceed two stories. Parking spaces shall be provided with a minimum of one space per 100 square feet of gross floor area for the first 400 square feet and one space for ea~h 50 square feet of gross floor area in excess of 4000 square feet. Permanent off-street loading spaces shall be provided on site: all loading spaces shall be situated to avoid interference with pedestrian and vehicular traffic. D. (S 507) Public Uses 1. (S 508) Riqhts-of-Wav and Easements As illustrated on the Map, the public streets and alleys in the Project area are Ocean Avenue: Pacific Coast Highway: Marina Avenue: Fifth street: First Street: Electric Avenue: and future public streets will be Galleon Way: Dory Way; Caravel Way: Clipper Way: Corsair Way: and Schooner Way. Additional public streets, alleys and easements may be created in the Project area as needed for proper development. Existing streets and aileys not shown on the map may be abandoned or closed as necessary for proper development of the Project. . 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. 2. (S 509) Other Public Proper tv Area 4 includes the Seal Beach City Yard, the Orange County Sani- tation District Facilities, and other public buildings which may remain in their present locations and ~ay expand or be relocated as necessary. If any part of said area is not used for public, semi-public, or institutional facilities, then the alternative use shall be either single family or multiple family residential. Areas 12, 13, 15, 17, and 18 may belused for parking, landscaping, and other public purposes. If any portion of said Areas i$ not used for parking, landscaping, and other public purposes, then the alterna- tive use shall be for multi-family residential. Area 1 is designated for a new sewage treatment plant. Area 6 is designated for public park purposes and may include a community center. E., (S 510) Other Semi-public, Institutional and Non-Profit Uses In any area the Agency is authorized to permit the establishment - or enlargement of semi-public, institutional, or non-profit uses, including student centers, park and recreational facilities -10- I I I " Ordinance Number I.: " , " . , , " ':. . I,' libraries, hospitals, churches, educational, fraternal, employee, philanthropic and charitable institutions, and facilities of other similar associations or organizations. 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 as are necessary to protect the development and use in the Project Area. F. (S 511) General Controls and Limitations 1. (S 512) New Construction All new construction shall comply with all applicable state and local laws in effect from time to time including without limitation the Zoning, Building, Electrical, Heating and Ventilating, Housing, and Plumbing Codes of the City of Seal Beach. Building heights shalt be measured from ground level to the highest point on any wall or roof, excluding flag poles, antennas, and similar structures. The Agency may establish parcel not already developed. and maintained by the owner. be paved. setback requirements for any specific All setback areas shall be landscaped Portions necessary for access shall Each required parking space feet in area, not including area shall be accessible to a street. shall be a minimum of 190 square required for maneuvering, and , Parking facilities for the joint use of two or more parcels of a size sufficient to meet the combined requirements of such parcels may be constructed with prior written approval of the Agency. No parking space &hall be located in a setback area except with prior written approval of the Agency. Parking spaces shall be paved and drained so that storm and surface waters will not cross public sidewalks. Parking spaces visible from streets shall be landscaped as necessary to prevent unsightly or barren appearance. Lighting for parking spaces shall be shielded from residential buildings'- Off-street loading spaces shall be located in a manner to avoid interference with public use of sidewalks and streets. Off- street loading spaces shall be paved and drained so that storm and surface waters will not cross public sidewalks. Rights-of-way, public or private, for streets, pedestrian paths, malls, vehicular access to parking and loading areas, and service roads, and for easements for utilities may be established by the Agency or by others upon approval of the Agency. 2. (S 513) Existing Non-confbrming Uses , The Agency is authorized to permit an existing use to remain, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with the developments and uses in the Project Area. 'l'he owner of such a property must be willing to enter into a participation agreement and agree to the imposition of such reasonable restrictions as are necessary to protect the development and use of the Project area. -11- -... ---~.-- -. ._-- I I I , , 'Ordinance Num ber ,. " , .. , \'.. I.,' .' t ~. 3. (S 514) Limitation on the Number of Buildings The number of buildings in the Project area shall not exceed 1000. 4. (S 515) Open Spaces and Landscaping The approximate amount of open spaces to be provided in the Project area is the total of all areas which will be in the public rights-of-way, the public grounds, the space around buildings, and all other amount of outdoor areas not permitted through limits on land coverage by this Plan to be covered by buildings. Landscaping plans shall be submitted to the Agency for revie~ and approval to ensure optimum use of living plant material. 5. (S 516) Light, Air, and Privacy In all areas sufficient space shall be maintained between buildings to provide adequate light, air, and privacy. 6. (S 517) Signs Protruding, overhanging, moving, blinking, flashing, or animated signs shall not be permitted in the Project Area. No billboards, pennants, bunting, or similar devices for advertising for commercial display shall be permitted. The Agency shall permit only those signs necessary for identification of buildings, premises, and uses. All signs design shall be submitted to the ' Agency and the Planning Commission for review and approval before erection. 7. (S 518) Incompatible Uses No use or struc~ure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the surrounding areas or structures shall be constructed in any part of the Project area. Within the Project Area there shall be no extraction of oil, gas, or other mineral substances within 500 feet of the surface nor any opening or penetration for any purpose connected therewith within 500 feet of the surface except any existing oil transfer facilities which may be permitted to remain in the Project Area. 8. (S 519) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, creed, religion, national origin, or ancestry per- mitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project area. 9. (S 520) Resubdivision of Parcels After rehabilitation and development pursuant to this Plan, no parcel in the Project Area, including any parcel retained by a participant, shall be resubdi vided vii t.hout the approval of the Agency. 10. (S 521) Variances Under exceptional circumstances the Agency is authorized to permit variations from the limits, restrictions, and controls , , I -12- I I I , . , Ordinance Number . , . . '. ~ " . - I . .'.... :., established by the Plan. In order to permit such a variation the Agency must determine that: (1) The application of certain prov~s~ons of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent 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 generally apply to other properties having the same standards, restrictions, and controls. (3) Permitting a variation will not be materially detrimental to tile public welfare ~r injurious to property or improvements in the area. (4) Permitting a variation will not be contrary to the objectives of the ~lan. No such variation shall be granted which changes a basic land use or which permits other than a minor departure from the pro- visions of this 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. G. (5 522) Design for Development , Witilin the limits, restrictions, and controls established in the Plan the Agency is authorized to establish heights of build- ings, land coverage, design criteria, traffic circulation, . traffic access, and qther details necessary for proper development of the Project area. H. (523) Agency Review and Approval of Plans No new improvement shall be constructed and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with architectural, land- scape, and site plans submitted to and approved in writing by the Agency. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project area. There- fore such plans shall give special consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project area. -..-~: '. , ...... \ " - --:.'- ...". --" :. _:-.'...' :. . -----.._- -13- - ... t 'I I " I . " Ordinance Number VI. [~.. qOOJ I~' .'1 II:' r'~ 601] (~clleral DC?scrlptioll of the Proposed Financing Ne("\lOcls NETnons FO~1. Fn:Ai,CD;(; TIlE PROJECT , , . , . . \ ~ .' . ~ . " Upon adoption of thj,s Plan uy the City Council, the. Agency is ?uthorized to finance this Project ,~ith financial as., sistance fro;o the. City, Sallj,tflt:i.on Distict No. If, StD,te of California, ,Federal Government, l'l:ope.rty Tax lncrcmcmts, Interest Income and I.eency bonds. ' In "general, it is expected (thour;h not required) that the only properties to be acqt!irecl by the Agcncy ,,':lll be those pro,. perties' nccessary for public uses. Thus the cost of property acqu:lsition "Iill be relatively lei'l, Host other property ac- quisition by the Agency l'lOuld ta];e place only if appropriate and only l'lhen thcre is a certainty of a pl:ivate purchaser from "the Agency ensuring substantial repayment of the cost of purchase. The advances for survey and planning and the operating capital for this proj ect ,~ill come through loans from the City until the Agency is certain adequate tax increments ,d1l be allocated to the Agency to ensure the issuance of Agency bonds, or until tax increments ar.e sufficient to l:epay the loans. The City will also supply ass:i,stance through City loans and gr.ants for various public facilities. Revenues from Sanitation Distl."ict No. 4 may be needed to pay for a portion of the Se'~er Tr.eatment Plant. ,A basic '~atel: and se'~er gl."ant from the Federal gover.nment may also he , necessar.y to pay for a pOl:tion of the SC?lver Treatment Plant. Gas Tax Funds from the State of California will be used as available for the stJ:eet systclO. Property tax incrclnents ,~iJ.l be used to pay for the other "debts of the Project, including the por.tion of the costs of the Sewcr 'freatment Plant I~hj.ch are of benefit to thc - proj ect. it is anticipated that Sanitation 'Di strict No. If and City will enter into a Joint..PO\vers Agreement in cooperation with the Agency for the pUl:pose of creating a Joint'.Pm~ers entity to finance and construct the sewer treatmcnt plant. By this ,means the .JointooPq,1'lers entity 'vill issue bonds based on a ,"lease of the plant- to the City. The Sei'lC.~r treatment plant may be constructed and'leas'ed to lhe City by a non.'profit corporation. The bonds 'vill be repe,id as appropriate by district revcnues, l:edcvelopmE~nt tax incr.ements, and pro- ceeds from Agency bonds to be repaid by tax increments. The se,,'er treatment plant is e~ser,tial to thc development of the 1'l:Oj ect area. It is estimated that the total project costs i~cluding the Se\'ler treatment plant 'viII be $6, '/00,000 and it is estimated that total pl:Oj cct revenues ,,'ill be in excess of $6, '/00,000 'more than sufficient to meet that total cost. It is cstimated that Asency honds l'li11 be issl1C?d ill an amount totalling betHcen $2,900,000 and $ll, 500,000. Therc I'lill be some revenue acenJing to the Proj ect from intel."est earned "on :i.nvestments of Agency funds. 1.1, - - . '1 1 I . .' Ordinance Number II. . .... .fb.c..\:J\g.Cl.l~Y :i.f~ hc~):E''Ly f!.ui.:htl".1'::Lzec1 to :tssue bOllC}S crrti to""-c:':pe!.ld tllc pJ:'occ~,ds f~oill their sale in can:ying out the l:edcvelopmE'i1t pleD. If such bonds are issued, the principal end intere~t shall be paid fJ:om tax incl:ements or any other funds available to the Agency for that purpose. 'fhe' City "Jill expend money to assist the Agency in carrying out t:h1s Proj eet. B.. [~ 602) Tax Increments , All taxlils levied upon tnxable property "11thin the RivcrfJ:ont Redevelopment P1:Oj ect, each year by or for the benefit of the State of: California, Connty of Orange, Ci.t)' of Seal Beach, any d:i.strict, or otl1e1: public corporation (liereinafter some- times called "taxing Clgencies") after the effective date of the ordinance approving this Redevelopment Plan, shall be . divided as follovls: (1) That portion of the taxes ,.hich would be produced by the rate upon \'lhich thc tax is levied each year by or for each of said taxi~g agencies upon the total sum of the assessed value of the taxable pro- pe1:ty in the redevelopment proj ect as sho"1n upon the assessment roll used i.n connection with the taxation of s\.1ch property by such taxing agency" last equalized prior to the effective date of such ordinance, shall be allocated to and \'lhen collected shall be paid into the funds of the respective taxing agencies as taxes by or for sai.d taxing agen.c{(~s on all other property arc paid (for the"purpose of allocating taxes levied, by or for any taxi.ng agency or agencief.l "lh1ch c1.id not include the terl:itory of the Project on the effective date of such ordinance but to ~1hich Sl1ch ter1:itoJ:y is ann.exed or otherwise included after such effective dl!t:e, the as'SeSfJfficnt r.o1l of the County of Orange last equali.:,;cd on the effective date of said ordinance shall be used i.n determining the assessed valuation of the taxable prope1:ty j,n the pr.ojeet on said effective date); and 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 an interest on bonds, loans, moneys advanced to, or indebtedness (whether funded, refunded, ass,unecl, or otherwis~) incurJ:ecl by the Agency to finance or refinance, in "lhole or in part, this Redevcelopment Proj ect. Un.. less and until the totAl assessed val~c of the taxable property in the project exceeds the total assesf'lcd value of the tax.?ule pl:O\1el:ty in the Pro:i~ ect as sho"1I1 by the last ~~qualizecl assessment roll ~eferred to in paragraph 1 hereof, all of the taxes levied and collected upon the taxable pl:operty in the l'roject shall he paid into the funds of the respective taxing agencies. \~hen saj,d bonds, loans, advances, m1Cl inckhtedness, if [lny, and interest thereon, have b<:'.en paid, all moneys then~after re'. ceived frC'!11 t,!xes upon the taxable pl:opcrty in the Pl:Oj ect. shall 1e paid into .the funds of: the' res,. , pective ti1xing agencies ar. taxcs on all other pro,. perty are pa:i.d. , .~ .. (2) 'I , I ,. l~j ,. .' " .1 I ,I ..r' Ordinance Number : .,:.( . " l.. . .". '. ~ " ." lI'. ~ . .. :.. 'fhat po:::i.:ion of: U,xer. l;Jent:.:i,onec1 in subc1ivisj.on (2) above er.e here.by irrevocably pledged for the paYlnL'nt of the principal of ,r.nd inter.est 011 :':he advance of moneys, or mnking of loan!::, or the incl1rri1Jf; of any inc1cbtednc,;s (~'Jhether funded, 1:e- funded, assumed, or otbends(,) by the redevelopment agency to finance or l:efinll.ncc in ~.;hole or in part the Riverfront Redevelopment Project. 'fhe Agency is cmi.bol':i.zcn to make such pledges as to specific advance,s, loans, and i,ndebt~,dnel1ses as appropriate in carrying out the Project. C.' [~603) Other J~oans and Grants Any other loans, grants, or fi.nancial assistance from the , United States, or any other public or prj.vate source ~'lil1 be utilized if: available. . ~ ~ .' 16 .. I I I Ordinance Number ~ '. ,.,..,. .f. - . ,.; . . VII. (S 700) Actions by the City . .- .... I' r ~. ". ~..... . Subject to any limitation in its Charter, the City shall aid and cooperate with the Agency in carrying out this Plan and sha],.l take any further action 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: A. 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 other public rights-of-way in the Project area. Such action by the City shall include the abandonment and relocation of public utilities in the public rights-of-way as appropriate to carry out this Plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project Area. C. Revision of zoning within the Project area to permit the land uses and development authorized by this Plan. D. Imposition wherever necessary (by conditional use permits or other means) of appropriate controls within the limits of this Plan upon parcels in the Projac~ Area to ensure their proper development and use. . E. Provision far administrative enforcement of this Plan by the City after development. F. 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. G. The undertaking and completing of any other proceed- ings necessary to carry out the Project. VIII.(S 800) 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, re,entry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions -17- "--.-- - ~- . .' I I I " Ordinance Number .. '. 'a '.1 . I. . ~ . t"....lI .: I a . ..... " r ..' f:' l .." -.1.. '- . " which are expressly ~or th~ benefit of owners of property in the Project area may be enforced by such owners. IX. (S' 900) Duration of This Plan Except for the nondiscrimination and nonsegregation pro- visions which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for 45 years from the date of adoption of this Plan by the City Council. X. (S 1000) Procedure For Amendment This Plan may be amended by means of the procedure established in Sections 33450 - 33458 of the Redevelopment L~w or by any other procedure hereafter established by Law. . -18-