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HomeMy Public PortalAboutOrd. 0945 ~ I . _ ` ORDINANCE rao. 9k5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AND ADOPTING THE OFFICIAL RE- DEVELOPMENT PLAN FOR PROJECT AREA "A" AND MAKING ` CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT THERETO. WHEREAS, the Lynwood Redevelopment Agency has heretofore submitted to this City Council a proposed Redevelopment Plan for Project Area "A" and a report thereon pursuant to the Community Redevelopment Law; and WHEREAS, the Lynwood Redevelopment Agency and this City Council have duly noticed and conducted a joint nublic hearing with respect to the aforesaid plan; and WHEREAS, no written objections to said plan were delivered to the City Clerk prior to the hour set for said hearing and no oral objections to said plan were permitted during the hearing, or, in the alternative, such written and oral objections as have been presented to this Council pursuant to the Community Redevel- opment Law have been and hereby are overruled by this City Council, NOW, THEREFORE, the City Council of the City of Lynwood hereby does find, determine, and ordain as follows: SECTION 1. Redevelopment Project Area "A", as described in City of Lynwood Planning Commission's Resolution No. 522, is a blighted area, the redevelopment of which is necessary to ef- fectuate the public purposes declared in the Community Redevelop- ment Law. -1- ; . SECTION 2. The Redevelopment Plan for Project Area "A", a copy of which is attached to this Ordinance as Exhibit 1 and by this reference incorporated herein as though set forth at length, hereby is adopted and approved as the 0£ficial Rede- velopment Plan of the aforesaid Project Area. SECTION 3. The Official Redevelopment Plan would rede- velop Project Area "A" in conformity with the Community Rede- velopment Law and in the interests of the public peace, health, sa£ety, and welfare. SECTION 4. The adoption and carrying out of the Official Redevelopment Plan is economically sound and feasible. SECTION 5. The Official Redevelopment Plan conforms to the Master or General Plan of the City of Lynwood. SECTION 6. The carrying out of the Official Redevelopment Plan would promote the public peace, health, safety, and wel- fare of the City of Lynwood and would ef£ectuate the purposes and policies of the Community Redevelopment Law. SECTION 7. To the extent that the condemnation of real property is provided for in the Official Redevelopment Plan, said condemnation is necessary to the execution of the Official Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. SECTION 8. There are no occupants of housing facilities in the Project Area and no person will be displaced, temporarily, or permanently, from any dwelling place within the Project Area. -2- 1 - ~1'P. , OP ( ^ ~ 1I,0,'~~i-;1 ) ~ .~ . C~JI.'l~i'Y OF LC)5 ,^.';~~'. ~ i~:S ) -, the i r.r;-:~:•, i -ie:~, Lymr,~~c~ ~, a~,~ „r-~ ` -~-cir clerl.° hcr~~ 1,,~ c,:, ~~~'~~ 11 ~t~ Ll.~~ ~zl~o~r~, Ordi.n~u~c~; P•io. 945 ado}~1:ed oi' L;~n~rioor;; an<i i,~~zzi, <, ,;~:e. vr2:- ~,nLe i;lior°i_r? ;stiatec~. C;_c~~ r Zu'~Y, of t;l;e City o_f of L1~i~~ Cqunei.] o£ ~aid. citiy, do i_s a tr,ie ::nr:i cor•rect co~~r oJ' b~:~ t;li~ C~.t~y Counci7, o£ t;he C~ Ly Z as::ed o~; thc date and Uy thr~ I~atied this llth day of' --`~uly --- ~.19~_ ~ C% ~~~~ ~ ~~~~, ' C:iL,y C~~~rk, C_ity of I~rnwood SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the Lynwood Press, a newspaper of general circulation, printed, published and circulated in the City of Lynwood. First read at a regular meetinq of the City Council of said City held on the 3rd day of July , 1973, and finally adopted and ordered published at a regular meeting of said Council held on the lOth day of July , 1973, by the following vote: AYES: Councilmen Byork, Liewer, Morris, Rowe, Stevens. NOES: Councilmen None ABSENT: Councilman None /~ ' L~L yor, Ci of Lynwood (SEAL) ATTEST: -4- City Clerk, City of Lynwood SECTION 9. In approving and adopting the Official Rede- velopment Plan, it is the purpose and intent of this City Council to eliminate and to prevent the spread of blight in the community and to encourage, promote, and stimulate the redevelopment of Project Area "A" as a commercial and profes- sional area. SECTION 10. The City Clerk hereby is authorized and directed to forward to the Lynwood Redevelopment Agency a certified copy of this Ordinance. Said City Clerk is further authorized and directed to reeord with the County Recorder of the County of Los Angeles a description of the land within Project Area "A" and a statement that proceedings for the re- development of said project area have been instituted under the provisions of the Community Redevelopment Law. Said City Clerk is further authorized and directed to forward a copy of this Ordinance and a copy of a map indicating the boundaries of Project Area "A" to: (a) The Auditor and Tax Assessor of the County of Los Angeles; (b) The governing body of each of the taxing agen- cies which levy taxes upon any property in said project area; and, (c) The State Board of Equalization. SECTION 11. For a period of two (2) years following the adoption of this Ordinance, all applicants for building permits in Project Area "A" shall be advised by the Building Department of the City of Lynwood that the site for which a building permit is sought is within a redevelopment project area. - 3- . TABLE OF CONTENTS REDEVELOPMENT PLAN VICINITY MAP i I. INTRODUCTION 1 II. DEFINITIONS 1 III. PROJECT AREA BOUNDARIES 1 IV. PROPOSED REDEVELOPMENT ACTIONS 3 V. USES PERMITTED IN THE PROJECT AREA 9 VI. FINANCIAL PLANS 14 VII. ACTIONS BY THE CITY 17 VIII. ADMINISTRATION AND ENFORCEMENT OF PLAN 17 IX. DURATION OF PLAN 18 X. PROCEDURE FOR AMENDMENT 18 XI. REDEVELOPMENT PLAN MAP 19 I. INTRODUCTION This is the Redevelopment Plan for Redevelopment Project Area "A'~, located in the City of Lynwood, County of Los Angeles, State oP California. The Plan consists of Part I, Text, and Part II, Map. Th~ Plan has been prepared by the Lynwaod Redevelopment Agency pursuant to the Community Redevelopment Law of the State of California (~art I, commencing with Section 33000, of Divisiqn 24 of the Health and Safety Code of the State of California), the United States Constitution, t4e Constitution of the State of California, and all applieable laws and ordinances. II. DEFINITIONS Unless the context clearly requires otherwise, the definitions set forth hereinbelow shall govern the construction of this plan. A enc - shall mean the Lynwood Redevelopment Agency . Community Redevelopment Law - shall refer to the provisions of Part I, commencing with Section 33000, of pivision 24 of the Health and Safety Code of the State of California. Plan - shall refer to this document and the map attached hereto. Pro~ect A.rea - shall mean that area designated by the Planning Commission of the City of Lynwood and by the Lynwood Redevelopment A.gency as Redevelopment Project Area "A". Survey Area - shall mean that area designated by the City Council of the City of Lynwood as Redevelopment Survey Area Number 1. III. PRQJECT AREA BOUNDARIES The Project Area consists of approximately twenty point eight (20. 8) aeres situated within Redevelopment Survey Area Number 1 in the City of Lynwood, County of Los Angeles, State of California. Said ~rea is more particularly described as follows: $eginning at the southeast corner of Lot 9, Block 4, Modjeska Park Tract, in the City of Lynwood, County of Los Angeles, State of California, thence southerly on and along the westerly right-of-way of State Street to the northerly right-of-way line of Fernwood Avenue, being the southeasterly eorner of Lot 10, Block 6, Modjeska Park Tract, thence easterly along said north right-of-way line of Fernwood Avenue to the easterly rightof-way of Grape Street being the southwesterly corner of Lot 26, Block 16, Modjeska Park Tract, thence northerly along said easterly line of Grape Street to the norti~~yest corner of L,ot 29, Block 16, Modjeska Park Tract, thence ea~terly a distance of 130.00'thence southerly a distance of 100.00', thence easterly 130. 00' to the west right-of-way of Apricot Street, thence northerly to a point on the westerly right-of-way of Aprico# Street intersecting with a line projecting along and from the north boundary lin~ oP L,ot 40, Block 17, Modjeska Park Tract, thence northerly a distanc@ af 150', thence easterly along said north line of Lot 4 to the easterly right-of-way of Peach Street, thence northerly to the southerly right-of-way of Beechwood Avenue being the northwest corner of Lqt 249, Tract 2551, thence easterly along said southerly right-of-way of Beechwood Avenue to a point of intersection with the easterly boundary line of Lot 130, Tract 2551, thence northerly 200. 00' , to the northwesterly corner of I,ot 183, Tract 2551, thence easterly along said lot line of Lot 133 to the westerly right-of-way of L,ong Beach Boulevard, thence northerly 135. 00', to the northerly right-of-way line of Imperial Highway being the southeasterly corner of Lot 90, Tract 2551, thence westerly al ong said nOrtherly right-of-way line of Imperial Highway to the true point of beginning. -Z- IV. PROPOSED REDEVELOPMENT ACTIONS A. General The Agency proposes to eliminate and to prevent the spread of blight in the Project Area and to encourage, promote and stimulate the redeveloprnent thereof as a commercial and professional area by : 1. Acquisition of certain real property; 2. Demolition, relocation, or removal of certain buildings and improvements; 3. Relocation assistance to displaced occupants; 4. Installation, construction, or reconstruCtion of streets, utilities, and other puul:c improvements; 5. Disposition of property acquired for uses in accordance with this Plan; and 6. Redevelopment of land by private enkerprise and public agencies for uses in accordance with this Plan. The A.gency will seek the cooperation of the City of Lynwood, the business community, and the citizens of the community in effecting the redevelopment oP the Project Area . It is anticipated that additions and expansion of the Pro~ect Area will be made to further the purposes and objectives as set forth herein. B. Property Acquisition 1. A.cquisition of Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any and all real property located in the Project Area, by gift, devise, exchange, purchase, eminent domain, or any other lawful method. It is in the publie interest and is necessary in Order tp 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 Area. The Agency is not authorized by law 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 becomes private property by being transferred by deed, lease, or otherwise to privat~ ownership or control before the Agency completes land disposition within the entire Project Area if the Agency and the private owner do not enter into a participation agreement. -3- The Agency sriall 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 aequire structures without acquiring the land upon which those structures are located. The Agency is also authorizedto acquire any other interestin real property less than a fee, The Agency shall not acquire real property on which an existing building is to be continued on its present site and in xts present form and use without the consent of the owner, unless (1) such building requires structural alteration, improvement, moderni,zation, or rehabilitati ;~., or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. 2. Acquisition of Personal Property Although, as a general rule, the Agency will not acquire personal property, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project A.rea by any lawful means other than eminent domain. C. Participation by Owners and Tenants 1. Policy It shall be the policy of the Agency to encourage the widest possible participation by landowners within the Project Area and by their tenants in the redevelopment of the area. 2 • Tenant Participation The Agency shall extend preferences to persons who are engaged in business in the Project Area, to re-enter in business within the redevelopment area if they otherwise meet the requirements prescribed by the Plan. The Agency shall also extend preferences to other tenants in the Project Area if they otherwise meet the requirements prescribed by the Plan, The Agency is authorized to permit business, residential, institutional and semipublic tenants, if they so desire, to purchase and devclop real proerty in the Project Area. 3. Owner Participation The Agency is also authorized to permit persons who are owners of residential, business and other types of real property in the Project larea to be given the opportunity to particpate in redevelopment by rehabilitation, by retention of improvements, or by new development by retaining all or a portion of their properties, by a~quiring adjacent or -4- other properties in the Project Area, or by selling their properties to the Agency and purchasing other properties in the Project Area. If conflicts dec-elop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. In addition to opportunities for participation hy individual persons and firms, participation to the extent it is feasible shall be available for two or more persons, firnis or institutions, to join together in partnerships, corporations, or other joirt 2ntities. Participation opportunities shall necessarily be subject to and limited by such factors as the exparision of public facilities; elimination and changing of land uses; realignment of streets; the ability of owners to finance an^y~ii::i:tion and development in accordance with the Plan; any reduction in the total number of individual parcels in the Project Area; and the assembly and development of a sfte for a commercial center. 4. Rules for Participation Opportunities Agency shall promulgate rules for owner and tenant participation. 5. Participation Agreements Each person desiring to becomE° a participant in the redevelopment o£ the Project Area shall enter into a binding agreement with the A.gency by v~hich the participant agrees to ^e`:~k.~ilitate, develop, or use the pruperty in conformance with the Plari and to be subject to the provisions hereof. Participants who retain real proper~ty shall be required to join in the recordation of such documents as ai•e necessary to make the provisions of this Plan applicable to their properties. The provisions of this Plan are applicable to all public and private propert~ in the Project Area whether or not a participation agreement has beer, signed with respect theretoo 6. Nonparticipation Alternatives In the event an owner should faii to participate in the redevelopment of the Project Area pursuant to this Plan and/or an applicable participation agreement, then the Agency may acquire his real property, or any interest therein, and may sell or lease the same for rehabilitation or development in accordance with this Plan, m5- PLANNING COMMISSION George Higgins Chairman Richard McAlpine Vice-Chairman Ralph A. Herbold Richaxd Bowen Joe F. G4ldsworthy Melviq D. Rice ~e~retary REDEVELOPMENT ADVISORY COMMITTEE Wayman I. Davis Chairman Jackson Law Vice-Chairman Walter Read Charlea F. Storms MaTina Estrada Recording Secretary Olaf Olson Max Clark Roy Riggins Edward Pratt Steghen L. Wright Sccretary REDEVELOPMENT PLAN FOR REDEVELOPM~NT PROJECT AREA "A" City of Lynwood May 1973 LYNWOOD REDEVELOPMENT AGENCY John D. Byork Chairman Henry J. Liewer James E. Rovye Vice Chairman E. L. Morris John H. Stevene Stephen L. Wright Director aosephine L. Shepherd Fllen Webb Secretary Treasurer D. Cooperation with Otner Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or w2thout consfderation, in the planning, undertaking, cpnstruction, or operation of this Plan. The Agency shall seek the aid and cooperation of such pubiic bodie~ and shall attempt to coordinate this Plan with their actii:vites in order to accamplish the purposes of redevelopment and the greatest public good, The Agency, by law, is not authorized to acquire real property owned by public bodies without their consenta However, the Agency will seek the cpoperation of all public bodies which own or intend to acquire property in the Project Area. The Agency shall impose on all such public bodies the planning and design co?itrols contained in the Plan to insure that present uses and any future development by public bodies vrili conform to the requirements of this Plan, Any public body which owns or leases property in the Project Area vrill be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agencyo E. Property Management During any such time as property in the Project Area is owned by the Agency, such property shall be under the management and ccntrol of the Agency. Such property may be rented or leased by the Agency pending its disposition for redeveYopment. The Agency is authorized, but not required, to make payments in lieu of property taxes to one or more taxing agencies. F. Relocation of Persons Displaced by Project The Agency shall assist all persons (including familias, business eoncerns, and others), who may be displaced by the implementation of thiS plan, in finding other locations and facilities. The Agency shall adopt appropriate rules and regulations setting forth the eircumstances under which, the exterrt to which, and t~e method by which, such assistance will be provided, G. Demolition, Clearance, Building and Site Preparation The Agency is aut'o.orized to demolish and clear buildings, structures, and other improvemer.ts frum any real property in the Project Area as it xr}ay determine necessary to carx,v out the provisions of this Plan. The Agency is further au~horized to p.repare or cause to be prepared as building sites any real property zn the Project Area. -6- a . ~~~~'~;,,] - ,vi4 `1~ • • v„ ~~ ww ~~~r~ z. ~ Lt ~~f~~ ..~. ~.t~ ~, r., ~ N'b:i1 °J (j ni. ~{ • __ a~.,-~.~,~.~1 vr n ~,~ ~ ~'*~ .:~`, ~.:.:~ ~ . ~ „ J,y ~ o ~ y ~~~y~ ~ ~~< `!• ~"1'~~ l~Lo A ~ ~ c~ ~ • e ~ • ~ ~ ~~ ~~ ~ ~'~ ~~~~ ~ ~~ ~ '~~ ~ ~~.~ ~~ ~~ ~z ~ ~ ~~ ~ ~ ~ .~ ~> ~ ~ __~ s -- ~ ~ ~. ~ ~~ ~ " - e"' .,.~ ,. _ _~, r ~ ~ _ ~ ~7~ ,~,. ~ y ,~ ~: . " e . .. C "~ !~ ~5 '~J L:,','::d G._~ r~ ~1irtuJ L'.2"."= J ~ ~r@~ T' iL~!"+? ^ u ( t~f ~ ~ ESav~ ~ ~ ~ 1 H. Public Improvement~, Facili*ies, and Utilities The Agency is authorized to install and construct, or to cause to be installed and constructed, such public improvements, public facilities, and public uiilities (within or out~id~ the Project 41rea) as it may determine to be necessary to carry out the Plan. auch improvements, facilities, and utilities anc]>>de, but are not limited to, over or underpasses, bridges, ~t:e~ts, c^.x:b~, g'utters, sidewalks, street lights, sewers, storm drains, t: affYC signals, electric distTibution systems, natural gas distribution sysiems, vrater distribution systems, parks, plazas, playgrounds, telep!:rne sy,t.ems, motor vehicle parking facilities, and landscaped areas. I. Rehabilitation and Relocation of Structures The Agency is authorized to rehabilitate, or cause to be xehabilitated, any building or structure in the Project Area. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitatio:~ of property within the Projeet Area not owned by the Agency. As it may deterxr.ine to be necessary in carrying out this plan, the Agency is authorized to move, or cause to be moved, any structure o^r building to a locaLion within or outside the Project Area. J. Property Disposition and Development 1. Real Property a. General For the purposes of this Plan, the A.gency 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 e~stent permitted by law, the Agency is authorized to dispose of real property by leases or~ sales by negotiation withot+t public building, All real property acqu:ired by the Agency in the Pxoject Axea shall be sold or leased to public ar private persons or er}tities for development for the uses permitted in the Plan, Real property may be conveyed by the Agency to the City or any other public body withput charge. Property containing buildings or structures rehabilitated by the Agency shall be offered for resale ~uithin one year after completion of rehabilitation or an annual repo~ct concerning such property shall be published by the Agency as required by law. -7- The Ageney shall reserve such powere and controls in the disposition and development documentS as may be n~cessary to prevent transfer, rentention, or use of property for Bpeculative purposes and to insure that development is cark~ied out pursuant to this Plan. A11 purchasers or lessees of prqperty shall be made obligated to use the property for the purposes designated in thi~ Plan, to begin and complete development of the Property within a period of time which the Agency fixes as reasonable. and to comply with pther conditions which the Agency deems neceasary to carry out the purposes of this Plan. b. Purchase and Development Documents ~'o provide adequate safeguards to ensure thatthe provisions of this Plan will be carried out azid to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, shall be made aubject to the provisions of this Plart by lea~se$~ deeds, pontracts, agreements, declarations qY restrictions, provisions oY the zoning ordinance, conditional use permits~ or other means. Whexe appronriate, 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 decJarations of restrictions may contain restrictiorls. covenants, cov~nants running with the land, rights of reverterf conditiqns subsequent, equitable servitudes, or any other provi~ion necessary to carry out thie Plan. All property in the Project Are~ is hereby subject to the r~estriction that there shall be no d~scrimittation or segregation based upon race, color, religion, nationai origin, or ancestry, in the sale, lease, sublease, transfer, use. occupanGy, tenure, qr enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation ~greement shall be made expressly subject by appropriate documenta to the restriction that all deeds, leases, or contracta for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nor}discrimination and nonsegregatio~n clauses as are required by law. c. Development To the extent now or hereafter permitted by law, Che Agency ie authorized to pay for, develop, or con$truct any building, ~acility, structure, or other improvement eithc~ withip or without the Project Area for itself or for any public pody or public entity, -B- to the extent that such improvement would be of ben~fit to the Project Area. During the period of development in the Project Area, the Agency Qhall insure that the provisions of this Plan and of other documents formulated pursuant to this Plan are being observed, and that development in the Project Area is proceeding in accordance with development documents and time schedules, Development plans, including site plans and elgvations , for both public and private development within the Project Area shall be submitted to the Agency for approval and architectural review prior to the commencement of development. Such site plan approval and architectural review is necessary and convenient to promote the purposes of the Community Redevelopment Law and to secure the economic advantages resulting from an orderly, planr-ed use of iand and structures. All development must conform tq this plan and to all applicable federal, state, and local laws. 2. Personal Property D'}aposition. For the purposes of this Plan the A.gency ist authorized to sell, lease, exchange, transfer, aesign, pledge, enoumber, or qtherwise dispose of personal property. V. USES PERMITTED IN THE PROJECT AREA A. MaP In addition to illustrating the location of the Pxoject Area boundaries, the Map also illustrat~es the proposed public rights-of way and the proposed land uses to be permitted in the 1'roject Area. $. Commercial and Related Uses The Project Area has been designated as the first portion of a proposed commercial redevelopment within the City of Lynwood. By reason of this designation, and in view of the Geperal Plan of the City of Lynwood, persons other than governmental agencies will be permitted to develop and use property ~uithin the Project Area only for retail commercial sales uses, commercial service facilities, and professional office facilities. Residential use~ will not be permitted in the Project Area. .9- C. Public Uses 1. Rights-of-Way The principal streets and highways which are included, in whole or in part, within the Project Area are shown on the Map and are: Imperial Highway and State Street. Other streets in the Project Area are Beechwood Avenue, Grape Street, Apricot Street, and Peach Street. Any highway, street, or alley in the Project Area may be widened, altered, abandoned, or closed as necessary for proper development of this P?3n. Addi- tional public streets, alleys, and easements may be created within the Project Area as needed for proper development. The public rights-of-way may be used for vehicular and/or pedestrien traffic as well as fpr public improvements, public and private utilities, and other activities typically found in public rights- Af -w ay. 2. Other Public and Semi-Public Uses With the approval of the Agency parking, open space, public and semi-public uses may be interspersed with other uses in any area. In any area the Agency is authorized to permit the e~tablishment or enlarge- ment of public, semi-public, institutional, qr nonp~'ofit uses, including park and reqreational :acil'iEie~ libraries, hospitals, educational, fraternal, employee philanthropic and ck~aritable institutiors , and facilities qr other similar associ- ations or organizations. All such uses ~hall conform so far as possible to the prouisions of this Plan applicable to the uses {n the specific area involced. The Agency shall impose such other reasonable Testrictions as are necessary to pro- tect the development and use of the Project Area. D. General Controls and Limitatinns All real property in the Project Area hereby is made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of the Plan except in conformance y~ith the provisions hereof. 1. New Construction All new construction within the Project Area shall comply with all applicable state and local laws in effect from time to time, including all codes and ordinances -10- of the City of Lynwood. In addition, all new construction shall comply with the following conditions. a. I_,andscaping shall be requtred within the Project Area adjacent to all street frontages; the amount and type of such land- scaping shal:l be as determined necessary by the Agency. In addition, a minimum of five percent (5) of the total area developed to the parking of vehicles shall be landscaped to the extent and in the manner required by the Agency. b. All outdoor storage of materials and/or equipment shall be enclosed or screened by walls, landscaping or other suitable en- closures to the extent and in the manner requi~ed by the Agency. c. Unless otherwise specifically permitted by the Agency, no building or stxu cture shall exceed a maximum of six stories, or 75 ~eet in height, whichever is the lesser. d. The Agency shall establiah a floor-to-total area ratio to regulate site coverage on the property within the Project Area. 2. Existing Nonconforming Uaes The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition, which use does not conform to the pro- visions of this Plan, provided that such use is generally compatible with the develppments and uses in the Project Area. The 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 necesaary to proteet the development and use of the Project Area. 3. Rehabilitation Any existing structure within the Project Area whieh the Agency shall approve for retention and rehabilitation shall be repatred, altered, reconstructed, or re- habilitated in such manner that it will be safe and sound in all ~`:ysical respects and be attractive in appearance and not detrimental to the surrounding areas. 4. Open Spaces, Landscaping. Light. Air and Privacy The approximate amount of open space to 6~ proyided in the Project Area is the total of ali areas which will be in the public rights-of-way, the public grounds, the space around buildings, and all other outdoor areas nqt permitted to be covered by buildings. Landscaping plans shall be sul~mitted to the Agency for review and -11- approval to insure optimum u~>e of living plant material. In all area~ su?ficin:~t space shall be maintain~d between buildings to provide adequate light, air, and privacy. 5. Signs Signs shall be permitted within the Project Area only to the extent authorized by the applicable ordinances of the City of Lynwood as said ordinances neu/ exist or are hereafter amended. Said ordinances shall govern all matters pertaining to signs; provided, however, that the design of all new signs shall be submitted to the Agency for review and approval before erection. 6. Utilities To the maximum extent physi~ally and economically feasible, the Agency shall require that all utilities be placed underground. 7. Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. Within the Project Area, except with the approval of the Agency, there shall be no extraction o~ oil, gas, or other mineral substances, nor any opening or penetration for any purpose connected therewith within 500 feet .of the surface. 8. Nond'ascrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, creed, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use , occupancy, tenure, or enjoyment of the prop~r*y in the Project Area. 9. Resubdivision of Parcels After rehabilitation and development pursuant to the Plan, no parce3 in the Project Area, including any parcel retained by a conforming owner or participant, shall be resubdivided without the approval of the Agency. All such resubdivisic*ns shall be in conformance with the California Subdivision Map Act and the applicable provisions of the Lynwood City Code. 10. Minor Va.riations Under exceptional circumstances, the Agency is authorized to permit a variation from the limits, restrictions, and contxols established by the Plarn. In -12- order to permit euch variations, the Agency must determine that: a. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships ineonsistent w tth the general purpose and intent of the Plan. b. There are exceptional circumstances or conditione appii- cabie to the property or to the intended development of the property which do not apply generally to other properties having the samQ etan- dards, reatrictione. and controls. c. Permitting a variation wili not be materially detrimental to t~e public welfare or tnjurious to property or improvemente in the area. d. Ferrniitting a variation will not be contrary to the objectives pf the Plan. 1~To variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of thi~ Plan. In per- mitting any euch variation, the Agency shall impose such conditione as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of the Plan. Any variation permitted by the Agency hereunder shall not supersede any other approval required under city codes and ordinances. 11, DQSign Yor Development Within the limits, restrictions, and controls established in the Plan. the Agency ie authoriaed to establish heiqhts of buildings, land coverage, aetback require- rnients, design criteria,'#rafiic circulation,'traffic access, and other developmeht and design controls necessary for proper development of both private and ppblic areaa within the Project Area. Nq new improvement shall be constructed and no existing improvement shall b~ sub8tantially modiYted, altered, repaired, or rehabilitated except in accordance with arohitectural, landscape, 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 pl~asant environment in the Project Area. Therefore, such plans shail give consider- ation tq good design, open ~pace, and other amenities to enhance the aeethetic quality of the Praject Area. The Agency shall not approve any plans thaE do not Gomply with thia Plan. 12. Building Permits No permit shall be issued for the construction of any new building or any additton Co any existtng building in the Project Area from the date of adoption of -13- this Plan until the application for such permit has been approved by the Aget~cy, 13. Number of Buildings The precise number of buildings within the Project Area st-all be as epectlied by the Agency. No dwelling units will be permitted within the Project Area. 14. City Code and Ordinances Nothing contained hereinabove shall authorize, or shall be construed to au- thorize, any variation from any provision of the City Code of the City oY Lynwood or from any ordinance of said city. The City of Lynwood has claesified the property within the Project Area in the CB-1 (Controlled Business) Zoning Dtatrict. The provisions of the Zoning Ordinance of the City of I.ynwood ae they now exiet, or may hereafter be amended, shall apeciYically apply to the property within the Project Area. The current zoning of property within the Project Area is consiatent with the goels of this Plan to redevelop said area for commercial purposes. Thie proposal t~ in conformance with the adopted General Plan of the City of Lynwood and with the Zoning Ordinance of the City of Lynwood. VI. FINANCIAL PLANS A, General The apticipated coats of implementing this plan include, but are not limiled to, the following: Administrative and overhead expenses Survey and planning expenditures Purchases of property Demolition and site clearance; and Project Improvements The Agency is authorized to finance these expenses with financiai sesistanFe frQm the City of Lynwood, the State of California, the United $tates, property tax increments, interest income, Agency bonds, or any othex aysilable source. For the purposes of carrying out this Plan, the Agency may obtain interim Pinancing by all means legally available to it. However, in the event auch interim -14- financing invqlves a loan or other comparabie obligation. the same shal~ not be a debt of the City of Lynwood. Advances and loans for survey and planning and for Che operating capital for t~ormal administration of the Agency have been and may continue ta be provided by the City of Lynwood until adequate tax increments or other Yunda are available or sufficiently assured to repay the loans and to permit borrowing adequate work- ing eapitai from sources other than the City. The City, as it is abie to do so, may also supply additional assistance through City loans and granta for various public facilities. As available, gas tax funds from the State of California and from the County of Los Angeles will be used for the street system maintenance and impTOVements. The City of Lynwood and/or other appropriate puhlic agencies or any pereon may grant sums of money to the Agency, may donate land to it. may undertake to pnovide certain site improvements or facilities in accordance with the provisiona of this Plan, and/or may offer a combination of these. Any such contributtons shall' be included in the project cost to the extent that they are determined to be so eligible by the Agency and may be deemed reimbureable to the extent determined by the Agency. The Agency is authorized to obtain advances, borrow funda. and create in- debtedness in carrying out this Plan. The principal and interest on euch advances, Yunds, and indebtedness may be paid from tax incrementa or any other Yunds avail- able to the Agency. B. Authority to Issue Bonds The Agency is specifically authorized to issue bonds in pne or more series in such amounts and on such terms and conditions ae it shall frpm time to time de- termine, including, without limiting the generality of the Yoregoing, the time, date, pl~ce of maturity, denomination, and whether coupon or registered. Subject to the provisions of any contract or agreement with the United States or with the State of California, the Agency may devote to the payxnent of intereat and to the retirement or redemption of its bonds any income or revenue received by it from the Project Area and any assistance received from the United States or the State of California. C. Pledge of Taxes to Repayment of Principal and Intereet of A All taxes levied upon taxable property in the Project Area each year by or for -15- the benefit of the State of California, the County of Los Angeles, the City of Lynwood, any and all special districts, and any other public corp~ations (all of which are hereinafter sometimes referred to as "taxing agencies") after the effective date of the ordinance approving thie Plan, as provided by the Community Redevelopment Law, shall be divided as follows: (1) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxea by or for said taxing agencies on all other property are paid (for the purpose of ailocating taxes levied by or for any taxing agency or agencies which did not include the terri- tory in a redevelopment project on the effective date oP such ordinance but to which such territory has been annexed or otherwise included after such effec- tive date, the assessment roll of the County last equalized on the effective date of ~aid ordinance shall be used in determining the assessed valuation of the taxable property in the project on said effective date); and (2) That portion of said levied taxes each year in excess of such amount ahall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed or otherwise) incuTred by Agency to finance or refinance, in whole or in part, the redevelopment project. UrJless and until the total assessed valuation of the taxable property in the re- development project exceeds the total assessed value of the taxable property in such redevelopment project as shown by the last equalized assessment roll reYerred to in Paragraph (1) of this Section VI C, all of the taxes levied and cpllected upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies. When said loans, advances and indebtedness, if any, and interest thereon, have been paid, all monies there- after received from taxes upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in this Paragraph (2) hereby is, and in any proceedings of Agency for the advance of monies or making of loans or issuance of bonds shall be, irrevocably pledged for the payment of the principal of and interest on said loans, advances or indebtedness. Revenues in excess of need for bond service of principal and irderest shall be useable for administrative services of the Agency as provided in its adopted budget document. -16- VII. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to assure the continued fulfillment of the purposes ofthis Plan and to preventthe 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 modificatione of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public righte-of-way as appropriate to carry outthis Plan. b. Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilitiea within or affecting the Project Area. c. 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 unnecessarydelays. d. The undertaking and completing of any other proceedings necessary to carry out the Project. VIII. ADMINISTRATION AND ENFORCEMENT OF PLAN The administration and enforcement of this Plan including the preparation and execution of any documents implementing this Plan shall be performed by the Agency end/or the City. The provisions of this Plan and 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 provisioxr which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. It shall be the re5ponsibility and obligation of the Agency to establish and enforce requirements which:will prevent speculation and holding of land within the Project Area. -17- iX. DURATION OF PLAN Except f~r the nondiscriminationand nonsegregation provisions (which shail run in perpetuity), the provisions of this Plan shall be effective, and the provisions of other documents formulated pureuant hereto, may be made effective, until January 1, 2004. It is anticipated that the redevelopment of the Project Area will be accom- pliahed within a period of two years following the effective date of the ordinance adopting this Plan. During this time period, the conditions of this Redevelopment Plan shall be strictly adhered to. X. PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedures establ4shed in the Community Redevelopment Law or by any other procedure established by law. -18- hi. • ~ ~ • ~ ' :~• ., ... \ ~ ! ~J ~ . p ~ F f~ ~ • ~ i~H'i . ~ ~ ~ID ~ G3;:D • ~ 1 ~ ~ ~ ~ ~~~ ~~~! ~ ~ ~ ~ ~ o~d ~° ~ ~ ~~ ~"~ ~ ~ ~ ` ~~ i ~ r~' ~ ~ ~ , r~ i ~ '~ . ` ~~' ~f '~"~ ~ ~ _ , -~---..,~~ ,~ ~ ~' ~t rV_T _ °E ~ ~ ~ 4~~9 t ~ W ~~ ~ ~ ~ ~ ~~ ~ x ~ ~ ~ ~~~~ _~ ` ~ ~ ~~ ~ '~ ~ ~ ~a~r , ~ > ~ ~.~ e ~ ~=~~ ~ ~ ~ ~~~~ , ~ ~~ ~ (1, C~ j j ~ ~ H ~, ~.. ~~ ~ ~ ~1 I H - ~ ° ~ ~ ~'~ ~ B ~ =-~a ~ ' ~~~ ~ ~7 ~ `'~ ~~ . ~ I / ~ ~ ~ ~ ~ z ,~,~ ars s ~ ~ ~a ~ -~_~..~,_~~~~,t~ ~'. 1 ~' ` -d/ . ~ _ ~ ` ~` s _l9-