HomeMy WebLinkAboutORD 709ORD 709 pT3 (Ìì Ñ 4
ORDINANCE NO, 709
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK APPROVING AND ADOPT-
ING THE REDEVELOPMENT PLAN FOR THE PUENTE-
MERCED/SOUTH BALDWIN PARK REDEVELOPMENT
PROJECT URGENCY ORDINANCE)
WHEREAS, the Baldwin Park Community Redevelopment Agency
hereafter referred to as the Agency") has heretofore
formulated and prepared the proposed Redevelopment Plan for
the Puente-Merced/South Baldwin Park Redevelopment Project;
and
WHEREAS, the Planning Commission of the City of Baldwin
Park has heretofore submitted its report and recommendation
finding the said proposed Redevelopment Plan to be in con-
formity with the General Plan and recommended approval of
said proposed Redevelopment Plan; and
WHEREAS, the Agency adopted rules governing partici-
pation and preferences by owners, operators of businesses
and tenants in the Project area; and
WHEREAS, the Agency submitted to the City Council of
the City of Baldwin Park said proposed Redevelopment Plan
for the Puente-Merced/South Baldwin Park Redevelopment
Project; and
WHEREAS, the Agency has submitted the Report of the
Agency on said proposed Redevelopment Plan*to the City
Council; and
WHEREAS, following the giving of legal notice as
required by law, a joint public hearing has been held by
the Agency and the City Council; and
WHEREAS, a duly noticed public hearing has heretofore
been held by the City Council on an environmental impact
report on said project prepared in accordance with the pro-
visions of Section 21000 et seq. of the Public Resources
Code of the State of California, and the contents of said
report has been considered by the City Council in arriving
at its decision to approve said Redevelopment Plan; and
WHEREAS, all actions required by law have been taken
by all appropriate public agencies;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The purposes and intent of the City Council
with respect to the Project area are to:
a) Eliminate the conditions of blight
existing in the Project area;
b) Insure, as far as possible, that the
causes of blighting conditions will be either
eliminated or protected against;
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ORD 709 pT3 (Ìì Ñ 4Ordinance No. 709
c) Provide for participation by owners in
the Project area;
d) Encourage and insure the redevelopment
of the Project area;
e) Encourage and foster the economic
revitalization of the Project area;
f) Authorize the development of the
facilities specified in the Redevelopment Plan
for the benefit of the public convenience and
welfare.
SECTION 2. All written and oral objections to the
Redevelopment Plan are hereby overruled.
SECTION 3. The Redevelopment Plan for the Puente-
Merced/South Baldwin Park Redevelopment Project, a copy of
which is attached hereto, marked Exhibit A" hereof herein-
after called the Redevelopment Plan") is hereby incorporated
herein by reference and made a part hereof as if set forth
in full herein.
SECTION 4. The said Redevelopment Plan for the Puente-
Merced/South Baldwin Park Redevelopment Project is hereby
approved and adopted and designated as the official Redevelop-
ment Plan for the Puente-Merced/South Baldwin Park Redevelop-
ment Project.
SECTION 5. The City Council hereby finds and determines
that:
a) The Project area is a blighted area,
the redevelopment of which is necessary to ef-
fectuate the public purposes declared in the
Community Redevelopment Law of the State of
California;
b) The Redevelopment Plan will redevelop
the Project area in conformity with the Community
Redevelopment Law of the State of California and
in the interests of the public peace, health,
safety, and welfare;
c) The adoption and carrying out of the
Redevelopment Plan is economically sound and
feasible;
d) The Redevelopment Plan conforms to the
General Plan of the City of Baldwin Park;
e) The carrying out of the Redevelopment
Plan will promote the public peace, health, safety
and welfare of the City of Baldwin Park and will
effectuate the purposes and policies of the Com-
munity Redevelopment Law of the State of Calif omia;
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ORD 709 pT3 (Ìì Ñ 4Ordinance No. 709
f) The condemnation of real property is
necessary to the execution of the Redevelopment
Plan and adequate provisions have been made for
payment for property to be acquired as provided
by law;
g) The Agency has a feasible method and
plan for the relocation of families and persons
to be temporarily or permanently displaced from
housing facilities in the Project area;
h) There are or are being provided in areas
outside the Project area not generally less desirable
in regard to public utilities and public and com-
mercial facilities and at rents or prices within
the financial means of the families and persons dis-
placed from the Project area, decent, safe. and
sanitary dwellings equal in number to the number
of and available to such displaced families and
persons and reasonably accessible to their places
of employment;
i) The Redevelopment Plan will afford a maximum
opportunity consistent with the sound needs of the
locality as a whole for the redevelopment of such
area by private enterprises;
j) In order to implement and facilitate the
effectuation of the Redevelopment Plan hereby ap-
proved and adopted it is found and determined that
certain official action may be required by the City
Council with reference thereto, and accordingly the
City Council hereby:
1) Pledges its cooperation in
helping to carry out such Redevelopment
Plan; and
2) Requests the various officials,
departments, boards and agencies of the City
of Baldwin Park having administrative re-
sponsibilities 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
3) Stands ready to consider and to take
appropriate action upon proposals and measures
designed to effectuate the Redevelopment Plan;
and
4) Declares its intention to undertake
and complete any proceedings necessary to be
carried out by the City of Baldwin Park under
the provisions of the Redevelopment Plan.
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ORD 709 pT3 (Ìì Ñ 4Ordinance No. 709
5) Approves of the expenditure of
such funds by the City as are necessary
and authorized pursuant to the provisions
of the Redevelopment Plan to implement
and carry out such Plan.
SECTION 6. The City Council is satisfied permanent
housing facilities will be available within three years
from the time any occupants of the Project area are dis-
placed and that pending the development of such facilities
there will be available to such displaced occupants adequate
temporary housing facilities at rents comparable to those
in the City of Baldwin Park at the time of their displace-
ment. No persons or families of low and moderate income
shall be displaced from residences unless and until there
is a suitable housing unit available and ready for occupancy
by such displaced person or family at rents comparable to
those at the time of their displacement. Such housing
units shall be suitable to the needs of such displaced
persons or families and must be decent, safe, sanitary and
otherwise standard dwellings. The Agency shall not displace
such person or family until such housing units are available
and ready for occupancy.
SECTION 7. The City Clerk is hereby directed to send
a certified copy of this ordinance to the Agency and the
Agency is hereby vested with the responsibility for carry-
ing out the Redevelopment Plan, subject to the provisions
of the Redevelopment Plan.
SECTION 8. The City Clerk is hereby directed to take
all steps necessary to comply with the provisions of Sections
33372. 33373 and 33375 of the Community Redevelopment Law.
SECTION 9. This ordinance is hereby declared to be an
urgency ordinance, and shall Cake effect immediately upon
its adoption. A statement of facts constituting the basis
of such urgency is as follows:
It is urgently necessary that the Redevelopment
Plan proposed for the Project area be immediately
undertaken; the financing of such redevelopment
is not within the current fiscal capabilities of the
City's resources and will have to, in part, be
funded through the use of tax allocation provisions
of the Community Redevelopment Law of the State of
California. This provision would make available,
if applicable, current new ad valorem tax resources,
if such resources become applicable prior to the
tax equalization of the County's Assessment Rolls:
this ordinance is necessary as an urgency measure for
the immediate preservation of the public peace, health
and safety.
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ORD 709 pT3 (Ìì Ñ 4Ordinance No. 709
SECTION 10. The City Clerk shall certify to the
adoption of this ordinance and to its approval by the City
Council and cause the same to be published once in the
newspaper of general circulation within the City of Baldwin
Park.
APPROVED and ADOPTED this 3rd day of July______
1975.
lAy^
r——V~—————CTTWTO——————————
MAYOR
ATTEST:
a^^&iA^
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance No. 709
was duly approved and adopted as an Urgency Ordinance at an
ad-iourned regular meeting of the City Council on the
3rd day of July 1975, by the following vote:
AYES: COUNCILMEN MC CARON,WALDO,GREGORY,KING AND MAYOR HAMILTON
NOES: COUNCILMEN
ABSENT x COUNCILMEN
SjS^.
THELMA L. BALKUS. CITY CLERK
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ORD 709 pT3 (Ìì Ñ 4Ordinance No. 709
EXHIBIT A"
REVISED REDEVELOPMENT PLAN FOR THE PUENTE-MERCED-
/SOUTH BALDWIN PARK REDEVELOPMENT PROJECT
CITY OF BALDWIN PARK
I. Sec. 100) INTRODUCTION
The Redevelopment Plan for the Puente-Merced/South Baldwin Park
Redevelopment Proiect consists of Part I. Text) and Part II. Maps).
This Plan has been prepared by the Baldwin Park Redevelopment Agency
of the City of Baldwin Park pursuant to the Community Redevelopment
taw of the State of California, the United State* Constitution, the Califor-
nia Constitution, and all applicable local laws and ordinances.
II. Sec. 200) GENERAL DEFINITIONS
The following references will be used generally In this Plan unless the
context otherwise reQuires: *
A. Plan" means the Redevelopment Plan for the Redevelopment Proi-
ect area.
B. Maps" Part II herein) means tha Redevelopment Plan Maps for the
Puente'Merced/South Baldwin Park Redevelopment Project area which
Maps are attached hereto and incorporated herein by this reference.
C. Proiect" means the Puenta-Merced/South Baldwin Park Redevelop-
ment Project.
0. Project Area" means the area included within the boundaries of the
Puente-Merced/South Baldwin Park Redevelopment Proiect.
E. Agency" means the Baldwin Park Redevelopment Agency.
F. city" means the City of Batdwtn Park, California
G. City Council" means the City Council of the City of Baldwin Park,
California.
H. County" means the County of Los Angeles.
I. State" means the State of California.
J. Person" means any Individual, or any public or private entity.
K. Redevelopment Law" means the Community Redevelopment Law
of the State of California California Health and Safety Code, Section 33000
L. Building" means any structure having a roof supported
or by walls and Intended for the shelter and housing of Peru
or chattels or property, of any kind.
by columns
persons, animals
M. Structure" means anythlna constructed or erected which requires a
fixed location on the ground, or Is attached to something having a fixed
ocatton on the ground.
N. Use" Includes construction, establishment, maintenance, alteration,
enlargement, operation or occupancy.
1)1. Sec. 300) PROJECT AREA BOUNDARIES
The boundaries of the Proiect area are Illustrated on the Maps Part II
herein). The legal description of the boundaries of the Proiect area is as
Those certain parcels of land In the City of Baldwin Park, County of
Los Anoeles, State of California, described as follows:
Beginning at the Intersection of the centerlln* of Mercad Avenue and
the centerllne of Puente Avenue; thence northeasterly along the centerline
of Puente Avenue 940 feet, more or less, to the northwesterly prolongation
of the southwesterly lines of Lots 3 to 16. Inclusive, of Tract No. 11259, In
the City of West Covfna, as per map recorded In Book 297, pages 26 and
27, of Maps in the office of the County Recorder of Los Angeles County;
the City of West Covfna, as
27, of Maps in the office of
thence southeasterly along said pro
lines 950 fact, more or ess,
thence southwesterli
thence southeasterly along said prolongation and along said southwesterly
lines 950 faeti more or ess, to the most southerly corner of said Lot 16;
thence southwesterly along the southeasterly boundary of the City of Bal-
dwin Park 540 feet, more or less. to the northerly line of the San Barnardl-
no Freeway; thence wasterly along said northerly-line of the San Bernar-
dino Freeway 1530 feet, more or less, to-'the southwesterly prolongation of
the southeasterly tine of Garvey Avenue; thence northeasterly along said
the southeasterly tine of Garvey Avenue; thence northeasterly along said
last mentioned prolongation and along said southeasterly Una of Garvey
Avenue 370 feet. more or less, to the northeasterly line of Lot 4, Tract No.
11465, as per map recorded In Book 285, pages 36 and 37 of Maps, In th«
office of said County Recorder; thence northeasterly along said northeast-
erly line of Lot 4. a distance of 423 feet, more or less, to said center line Of
Merced Avenue; thence southeasterly along said centerllne of Mercad
Avenue 220 feet, more or less, to the point of beginning.
Beginning at the Intersection of the northwesterly line of Daiewood Street'
with the northwesterly prolongation of the centertine of Maine Avenue;
thence southeasterly along said prolongation and along said centertine
and Its southeasterly prolongation 640 feet. more or less, to the northwest-
erly line of the Southern Pacific Railroad right of way. 40 feet wide;
thence southwesterly along said northwesterly line of the Southern Pacific
Railroad right of way 910 feet, more or less, to the northerly line of Wal-
nut Creek Wash; thence westerly along said northerly line to the southerly
boundary line of the City of Baldwin Park; thence northwesterly along
said bourKfary line to the southeasterly line of Baldwin Park Boulevard,
100 feet wide; thence southwesterly along said southeasterly line to the
southeasterly prolongation of the centerline of Bess Avenue, 60 feet wide;
thence northwesterly along said last mentioned prolongation and along
said last mentioned centerllne 1190 feet, more or less, to the southwesterly
prolongation of tha northwesterly line of Lot 44, Tract No. 718. as per map
recorded in Book 17, page 17. of Maps In the office of the County Recorder
of Los Angeles County, thence northeasterly along said last mentioned
prolongation and along said northwesterly line of Lot 44 and its northeast-
erly prolongation 630 feet, more or less, to the southerly line of the San
Bernardino Freeway; thence easterly along said southerly line of the San
Bernardino Freeway to the Baldwin Park Boulevard off-ramp; thence
southeasterly, southerly, and southwesterly along tha southwesterly, west-
erly and northwesterly right of way lines of said off-ramp to the point of
beginning.
IV. Sec. 400) PROPOSED REDEVELOPMENT ACTIONS
A. Sec. 401) General
The Agency proposes to eliminate and prevent the spread of blight In
the Project area by:
Acquisition of certain real property;
2) Demolition or removal of certain buildings and Improvements;
3) Rehabilitation of certain structures by private enterprise or public
agencies for use in accordance with this Plan;
4) Relocation assistance to displaced residential and non-residential
occupants;
5) installation, construction, or reconstruction of streets, utilities,
landscaping, and other on-tite or off-site improvements;
6) Disposition of property acquired for uses In accordance with this
Plan;
7) Redevelopment of land by private enterprise or public agencies for
j«es In accordance with this Plan.
B. Sec. 402) Property Acquisition
l.(Sec.403) Acquisition of Real Property
Except as specifically exempted herein, the Agency may acquire, but Is
not required to acquire, all real property, or any Interest therein, located
In the Project area, by gift, devise, exchange, purchase, eminent domain,
or any other means authorized bv law.
It Is In the public interest and is necessary In order to eliminate the condi-
tions 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 Protect area.
The Agency shall not acquire interests In oil, gas or other mineral sub-
stances within the Project area, except where such acquisition Is neces-
sary to prevent recovery and/or production of such oil, gas or other min-
eral substances within said Proiect area.
The Agency shall not acquire real property to be retained bv an owner
pursuant to a participation agreement if the owner fully performs under
the agreement. The Agency Is authorized to acquire structures without
acaulring the land upon which those structures are located.
2. Sec. 404) Acquisition of Personal Property
Where necessary to Implement the Plan. the Agency Is authorized to ac-
quire personal property located within the Proiect area by any lawful
manner.
C. Sec. 405) Participation by Owners and Tenants.
1. Sec. 406) Tenant Participation
The Agency shall provide an opportunity to persons who are not landown-
ers, but are engaged In business In the Project area, to participate in the
proposed development, if the uses proposed by such persons otherwise
meet the requirement of the Plan.
2. Sec. 407) Owner Participation
Persons who are owners of real property In the.Proiect area shall, If feasi-
ble, be given the opportunity to participate In redevelopment by rehabili-
tation. by retention of Improvements, or by new development by retaining.
all or a portion of their properties, by acquiring adiacenf or other proper-,'
ties in the Proiect area, or by selling their properties to the Agency and
purchasing other properties In the Protect area.
In the event an owner-participant fails or refuses to rehabilitate and/or
redevelop his real property pursuant to this Plan and the owner-partici-
pant agreement, that real property may be acquired by the Agency and
old or leased for rehabilitation and/or development In accordance with
this Plan..
if conflicts develop between the desires of owner-participants for particu-
lar sites or land uses, the Agency is authorized to establish reasonable
pnorties and preferences among them on a reasonable basis.
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 loin together In partnerships, corpo-
rations, or other ioint entities.
Participation opportunities shall necessarily be sublect to and limited bv
such factors as the expansion of public facilities; elimination and chang-
ing of land uses; realignment of streets; the ability of owners to fininca
acquisition and development In accordance with the Plan; and any reduc-
tion in the total number of Individual parcels In the Project area.
3. Sec. 408) Rules For Participation Opportunities
Owners of property and business tenants may participate In the redevel-
opment of property in the Project Area In accordance with Participation
Rules adopted by the Agency, and set out In Exhibit E. Proof of qualifica-
tions and financlaf ability to carry out owner-participant agreements with
the Agency will be required.
4. Sec. 409) Participation Agreements
Each participant may enter into a binding agreement with the Agency by
which the participant agrees to rehabilitate, develop, or use the property
in conformance with the Plan and to be subject to the provisions hereof.
Whether or not a participant enters Into 9 participation agreement with
the Agency, the provisions of this Plan are applicable to all public and'
private property In the Proiect area.
D. Sec. 410) Application of Plan
The provisions of this Plan are applicable to, and sha I r be observed In the
use development and redevelopment of all real property located within
the Proiect area, whether publicly or privately owned.
E. Sec 4U) Relocation of Persons Displaced by the Proiect
1.tSec 412) Relocation Assistance
The Aeency shall make available to all persons displaced by the Protect
relocation assistance In the time, kind and manner required bv law.
2. Sec. 413) Relocation Payments
The Agency shall make all relocation payments required by law.
F. Sec. 414) Property Disposition and Development
1. Sec 415) Real Property Disposition and Oevetopment
a. Sec. 416) 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 owned
by It.
All purchasers or lessees of property shall be made obligated to uie the
property for the purposes designated in this Plan, to begin and complcti
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 purposes of this Plan Pursuant to previ-
sions of this Plan and Rules heretofore adopted by tha Agency, the Agen-
cy shall offer real property acquired by it in the Proiect area for sale to
and development by Interested owner.tenant participants prior to the tima
the real property is made available for sale to and development by per*
sons who are not owners or tenants In the Proiect area. For the purpose of
this section, the phrase owner-participant shall mean a person who has
qualified as such pursuant to Rule 4 of the Rules for Participation by
owners, operators of businesses and tenants.
b. Sec. 417) Purchase and Development Documents
Leases, deeds, contracts, agreements, declarations of restrictions may
contain restrictions, covenants, covenants running with the land, rights or
i reverter. conditions subsequent, equitable servitudes, or any other provi-
sions necessary to carry out this Plan,
Ail deeds, leases or contracts for the sale* lease, sublease or other trans-
fer of any land in the Project area shall contain the non-discrimination
clauses as prescribed by Section 33436 of the Community Redevelopment
Act of the State of California.
c Sec. 418) Development
During the period of development in the Proiect area, the Agency shall
Insure that the provisions of this Plan and of other documents formulated
pursuant to thfs Plan are being observed, and that development In the
Project area is proceeding In accordance with development documents for
the sale, lease or retention fand and time schedules for the performance of
covenants contained in said development documents.
All applications for any budding permit for any building or structure,
public or privately owned, shall be first submitted to the Agency for Its
approval to insure that the provisions of this Plan, any owner-participant
agreement or property disposition agreement, will be met If the building
or structure is constructed.
2. Sec. 419) Personal Property Disposition
For the purposes of this Plan. the Agency is authorized t& sell, lease,
exchange, transfer, assion, pledge, encumber, or otherwise dispose of
personal property which is acquired by the Agency.
V. fSec. SOOt USES PERMITTED IN THE PROJECT AREA
A. Sec. 501) Maps. Part 11 consisting of Exhibits A. Band C)
The Map, Exhibit A. attached hereto illustrates the location of the Proj-
ect Area. the immediately adjacent streets, the proposed public righti-of-
way and public eAsements and proposed land uses along with redevelop-
ment actions to t» permitted Ip the Proiect area. Land uses are also
shown on maps marked Exhibits B and C. These land uses and street pat*
terns, as shown on Exhibits B. C and 0, conform to those contained In the
Land Use and Circulation Elements of the Baldwin Park General Plan.
B. Sec.50?) Zoning.
All requirements of the City's Zoning regulations as they now exist, or
many hereafter be amended, shall apply to all development hereunder
C. Sec. 503) Public Uses. Streets and Rights-of-Way.
1. Sec. 504) Rights-of-Way.
As illustrated on the Maps, the public street system In the Proiect aria Is
to remain the same as that which existed prior to Plan adoption. A lilt of
existing streets is set forth in Exhibit D.
D. Sec. 505) General Controls and Limitations.
1. Sec. 506) New Construction.
All uses. Buildings and structures proposed to be located within the
Proiect area shall comply with all applicable laws Includlnfl, but not llm.
ited to. the provisions of the Baldwin Park Zoning Code.
2. Sec. 507) Conforming Uses.
Where the Agency determines that the use of certain real preparty within
the Proiect area presently meets the requirements of mil Plan, such uses
will be permitted to remain without a participation agreement with the
Agency, provided that the land owner continues to operate and u»a the
real property within the requirements of this Plan.
In the event any of the owners of land which contain a conforming use.
as herein defined, desire to construct any additional Improvements or
substantially alter or reconstruct existing buildings or structures located
on such land, he shall do so only in accordance with provision* of this
Plan.
3. Sec. 508) Limitation on the Number of Dwelling- UnHi.
The approximate number of dwelling units that are presently located In
the Protect Area Is seven. Upon full Implementation of the Plan. no dwell-
ing units will be located within the Proiect Area.
4. Sec. 509) Open Spaces.
The approximate amount of open spaces to be provided In the Project
area is equal to the total of all areas which will be Included in required
yard areas and other open spaces around buildings, and tha area desig-
nated as open space on Exhibit A" hereof.
4. Sec. 509) Open Spaces.
The approximate amount of open spaces to be provided In the Proiect
area Is equal to the total of all areas which will be Included In required
yard areas and other open pace around buildings.
5. Sec. 510) Utilities.
All new utititles, electrical, telephone cable, television, etc., for new
development will be placed underground within the boundaries.
6. Sec. 511) Energy.
The design of ail structures, use of materials, and placement of landscap-
ing must reflect proper expenditure and consumption of energy. Federal'
or. state statutes regarding energy design mult be Incorporated1 Into d«vl.'
opment proposals.
E. Sec. 512) Building Permits.
No building or structure shall
existing building or structure fc
until the application for a building permit
vfewed by the Executive Director of the Agency to insure M
if authorized, wilt be consistent with tht provlllons of this PI*,,,
No building or structure shall be constructed or erected nor shall any
existing building or structure be reconstructed, rehabilitated or repaired
until the application for a building permit therefore hat first been re-
L the Executive Director of the Agency to insure that such work,
ed, wilt be consistent with the previsions of this Plan,
Permit appticatlons for buildings or structures proposed to be located on
any real property Included in the-prelect area, received bv tha City, shall
be transferred to the said Executive Director for such review. f the 6l*
rector finds that the building or structure as proposed, or the reconstruc-
tion, rehabilitation or repair of the same as proposed, wilt comply with
the said Plan he shall Instruct the building official of the City to refuse to
Issue such permit If he finds that the building or structure as proposed,
or the reconstruction, rehabilitation or repair of the same as proposed.
will comply with the said Plan he shall instruct the building official to
Issue the permit.
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ORD 709 pT3 (Ìì Ñ 4Any permit applicant shall have the right of appeal from the decision of
the Executive Director in the case of denial of such permit to the Acencv,
The Agency shall give the appealing party reasonable notice of the time
and place of the informal hearing to be conducted before the Agency with
respect to such appeal. The Agency shall, after the conduct of such an
informal hearing, determine whether the action of the Executive Director
was consistent with the provisions of this section. The Agency shall ap-
prove, disapprove or modify the decision of the Executive Director based
upon the evidence presented to It. The decision of the Agency shall be
final and conclusive,
P. Sec. 513) Neighborhood Impact Element
Pursuant to Section 33333 5 of the Health and Safety Code of the State of
California, the project wilt have the following Impact upon the residents of
the Prolect area and the surrounding areas:
1. Relocation: Residential relocation activity wilt be nominal due to the
loW number of residential units involved. There Is adequate standard
housing within the surrounding areas. it is anticipated that relocation
resources will be adequate since relocation activities will be so light. A
present canvas of available single-family residential units within the city
limits of Baldwin Park and within the general vicinity appear most ade-
quate to meet relocation needs.
2. Traffic Circulation: The prolect activity wilt not create any traffic
circulation problems. On the contrary, traffic circulation wilt be improved
In the Prefect and surrounding area by the anticipated Improvements to
mafor and secondary highways as well as the creation of additional off-
street parking facilities.
3. Environmental Quality; There will not be detrimental environmental
quality effect upon the residents of the Prolect and surrounding areas.
Environmental quality will be improved by the creation of additional open
space within the Droied area, Improved traffic circulation, rehabilitation
of substandard structures* and the replacement of unsightly structures
and igni with aesthetically compatible Improvements.
4. Availability of Community Facilities and Services: The adoption of
the Redevelopment Plan and Its Implementation will have no impact upon
hf \rail4btlltv of existing community facilities and services. All existing
comnwnltv facilities and services will be continued to the same extent
that the sarne now exists
5 Effect on School Population and Quality of Education: The prolect
contemplates a minimal change of the school population within and with-
out the prolect area. Any relocation of residents could be within the same
school district and wrved by the same school facilities. The quality of
education would not be Impaired since most relocations would not result
In a change of school* and the surrounding community Is served by other
high quality school districts and facilities.
6. Property Assessments and Taxes: Property assessments and faxes
for residents of the protect area are anticipated to be higher after imple-
mentation of the prolect plan due to the increased value of property within
the area caused by the prolect Improvements.
7. Physical and Social Quality of Neighborhood: Prolect activities in.
elude the upgrading of pnyslcal and social quality of the neighborhood
through improved lighting, Increased parking, more open-space, im-
proved traffic circulation, and emphasis on neighborhood type" commer-
cial facilities.
VI, Sec. 600) METHODS FOR FINANCING THE PROJECT
A. Sec. 601) General Oescrlptionof the Financing Methods
The Agency is authorized to finance this Project with financial assis-
tance from the City, State of California. Federal Government, property
tax increments. Interest income. Agency notes and bonds, or any Other
available source-
Advances and loans for planning and for the operating capital for
nominal administration of this Project have been and are provided by the
City until adequate tax increments or other funds are available or suffi-
ciently assured to repay the loans and to permit borrowing adequate
working capital from sources other than the City. The City as it Is able
will also supply additional assistance through City loans and grants for
various public facilities.
As available, gas tax funds from the State of California and the County
of Los Angeles will be used toward the cost of the street systems. As avail-
able, Federal loans and! grants will be used to finance portions of Prolect
costs.
The Agency Is authorized to obtain advances, borrow funds and create
indebtedness In carrying out this Plan. The principal and interest on such
advances, funds* and indebtedness may be paid from tax increments or
any other funds available to the Agency.
B. Sec. 602) Tax Increments
Pursuant to Section 33670, et seq. of the Community Redevelopment
Act, all taxes levied upon taxable property within the Puente-Merced-
/South Baldwin Park Redevelopment Protect each year by or for the
benefit of the State of California, County of Los Angeles, City of Baldwin
Park, any district or other public corporation hertnafter sometimes
called taxing agencies") after the effective date of the ordinance approv-
ing this Redevelopment Plan* are to be divided as follows.
I) That portion of the taxes which would be produced by the rate upon
which the tax is levied each year by or for each of said taxing agencies
upon the total sum of the assessed value of the taxable property in the
Redevelopment Prolect as shown upon the assessment roil used In connec-
tion with the taxation of such property by such taxing agency, last equal-
ized prior to effective date of such ordinance, shall be allocated to and
when collected shall be paid Into the funds of the respective taxing agen-
cies as taxes by or for said taxing agencies on all other property are paid
for the purpose of allocating taxes levied by or for any taxing agency or
agencies which did not include the territory of the Protect on the effective
date of such ordinance but to which such territory Is annexed or otherwise
Included after such effective date, the assessment roll last equalized on
the effective date of said ordinance shall be used In determining the as-
sessed valuation of the taxable property in the Prolect on said effective
date); and
3) 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 spe-
cial fund of the Agency to pay the principle of and Interest on bonds,
loans, moneys advanced to, or Indebtedness whether funded, refunded,
assumed, or otherwise) incurred by the Agency to finance or refinance, in
whole or In part, this Redevelopment Prefect. Unless and until the total
assessed value of the taxable proDerty In the Protect exceeds the total-
assessed value of the taxable property In the Prolect as shown by the last
equalized assessment roll referred to in Paragraph 1) hereof, all of the
taxes levied and collected upon the taxable property In the Prelect shall
be paid into the funds of the respective taxing agencies. When said bonds,
loans, advances and Indebtedness, If any. and Interest thereon, have been
paid, all moneys thereafter received from taxes upon the taxable property
in the Project shall be paid Irtfo the funds of the respective taxing agen-
cies as taxes on alt other property are paid
The portion of taxes mentioned in Paragraph 3) above are hereby
Irrevocably pledged for the payment of the principle of an interest on the
advance of moneys, or making of loans, or the incurring of any Indebted-
ness whether funded, refunded, assumed, or otherwise) by the Agency to
finance or refinance the Protect In whole or In part
The Agency is authorized to make such pledge* a< to specific advances,
loans and Indebtedness as appropriate in carrying out the Project.
C. Sec. 603) Proposed Method Financing
The proposed methods of financing the Redevelopment of the prefect
area shall be from the following funds: 1) From such gas tax funds as
m&y be available; and 2) From revenues derived from tax Increments,
and 3) From the Issuance of Agency bonds, if same i» feasible, necessary
and buyable; and 4) From loans or grants from the City of Baldwin Park
or any other public agency; and S) From revenues derived from Agency
activities.
D. Sec. 604) Agency Bonds.
Agency bonds will be Issued if needed. Such bonds will be Issued only
when the Agency has determined that It will have funds available to pay
the interest and principal on such bonds, when due and payable.
VII. Sec. TOO) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency In carrying out this
Plan and shall take all actions necessary to ensure the continued fulfill.
ment of the purposes of this Plan and to prevent the recurrence or spread
in the area of conditions causing blight.
VIII. Sec. 900) ADMINISTRATION AND ENFORCEMENT OF THE
PLAN
After development the administration and enforcement of this Plan or
other documents Implementing this Plan shall be performed by the City.
The provisions of thl» 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, Inlunctions, or any other reme-
dies appropriate to the purposes of this Plan In addition, any recorded
conditions, covenants and restrictions, which are expressly for the benefit
of owners of property in the Protect area. may be enforced by such own-
ers.
IX. Sec. 900) DURATION OF THIS PLAN
Except for the nondiscr im i nation and nonseg rogation provisions which
shall run In perpetuity, the provisions of thf» Plan shall be effective and
the provisions of other documents formulated pursuant to this Plan may
be made effective for thirty-five years from the date of adoption of this
Plan by the City Council.
PART l|
MAPS
EXHIBIT A Redevelopment Plan Map
EXHIBIT B Land Use Puente-Merced Area
EXHI BIT C Land Use South Baldwin Park Area
Recommended Redevelopment Plan
ruk'ltUtlcK'taUll tlllllin lt W*.,rft,|fn<Bl» Bill
MIO.IECT ARE* BOUNDARY
i..— SUBVEV ARC* BOUNDARY
Recommended Land Uses
hMHM-MwewdUM
EWmT I
RWOHOfnOJICTMUNOAHV
SURVtY XMCA BOUNDARY
Recommended Land U«es
Sou Udwln Park BItt
ffXHTM.T C
LIST OF STREETS
A. PUENTE-MERCED SITE
1. East Garvey Avenue
2. Puente Avenue
3. Merced Avenue
B. SOUTH BALDWIN PARK BOULEVARD SITE
1.Dalewood Street
2. Virginia Avenue
3. South Baldwin Park Boulevard
THE BALDWIN PARK REDEVELOPMENT AGENCY
OF THE CITY OF BALDWIN PARK
BIB]
37960-U01
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ORD 709 pT3 (Ìì Ñ 4Ordinance No. 709
OWNER PARTICIPATION RULES
AND RULES FOR REASONABLE PREFERENCE FOR
PERSONS IN BUSINESS WITHIN
A COMMUNITY REDEVELOPMENT PROJECT
1. GENERAL
These rules are adopted pursuant to the Community Redevelopment
Law of the State of California, in order to implement the provisions of a
redevelopment plan for a community redevelopment prelect, regarding
owner participation and a reasonable preference for persons in business
in a project area. The term owners", as that term is used herein, shall
mean persons who at the time of adoption of the Redevelopment Plan for
the protect area were owners of property or were engaged In business
within the protect area. These rules set forth the procedures governing
participation by owners in a community redevelopment project and out*
lined the reaulrements which owners must meet in order to participate.
2. PURPOSE
The opportunity for owner parlicipatlon is extended by the Agency with
the hope that many qualified owners and businesses will remain in the
profect area and participate in its growth and development The Agency
may deny the opportunity in situations where if determines that the pur-
poses of owner participation or the best interests of the community will
not be fulfilled. These rules are intended to govern residential and non-
residential owner participation.
Owner participation necessarily wifl be subtect to and limited by such
factors as reduction in the total number of individual parcels in a protect
area, elimination of certain land uses, construction, realignment and
improvement of public streets and ways' construction of new public facili-
ties, creation of necessary parking, ability of owners to finance their use
within the proposed development in accordance with the specific redevel-
opment plan, and economic consideration with respect to development
plan, and economic consideration with respect to development agreements
executed by the Agency with entities capable of carrying the redevelop-
ment plan Into effect. Moreover, each specific proposal for owner partici-
pation shall be reviewed by the Agency and the following will be consid-
ered:
a? Conformity with the land use provisions of the specific redevelop-
ment plan.
b) Compatibility with the standards, restrictions and controls of the
specific redevelopment plan.
c) Compatibility with parcellzation of the project and Info sites adequate
for redevelopment.
d» Abltity to maximize early total development of the specific project.
Property of an owner participant must be developed, with regard to
appearance and location, in a manner not detrimental to the project area.
Any structure which remains in the proiecf area must be rehabilitated or
reconstructed in a manner approved by the Redevelopment Agency as
being compatible with other structures to be constructed in the project
area. Each prospective owner participant must assure the Agency of his
ability to carry out owner participation, and provide such financial Indem-
nification as the Agency shall deem appropriate under the particular cir-
ctfmstances.
i3. TYPES OF OWNER PARTICIPATION
a. Participation in the Same Location
In appropriate circumstances an owner may participate In substantial-
iy the same location either by retaining all or portions of his property, or
by retaining all or portions of his property and purchasing adjacent prop-
erty from the Agency
An owner who participates in the same location may be required to
rehabilitate all or part of his existing buildings, 01 to enter into limited
acquisition agreements with the Agency if demolition is required. Any
adjacent property to be sold to owner participant? will be made available
at fair market value for the uses designated in the Redevelopment Plan.
b. Participation In a Different Location
Where circumstances are not appropriate for an owner to participate
by retaining property in the same location, the Agency may offer parcels
In other locations in the project area for purchase by qualified owner par-
ticipants prior to the time that such parcels are made available to others
for purchase if owners submit timely proposals for owner participation, as
provided herein. Property sold to owner participants will be made avail*'
able at a fair market value for the uses designated in the Redevelopment
Plan. Joint participation by owners, lessees and tenants in the area is
encouraged by the Agency. Participation in this regard will depend upon
the feasibility, method of financing, availability of space for the specific
type of enterprise, mutual agreement of the parties, and time required to
develop the property
c. Participation Involving Limited Acquisition
Where only limited acquisition is deemed appropriate, the Agency may
acouire and remove the existing structures and the owner participant,
who wtalns title to the land only, may be required to enter Into an escrow
with the Agency to Insure performance of all of the terms and conditions
of the owner participation agreement.
4. PROCEDURE FOR BECOMING AN OWNER PARTICIPANT
Within a reasonable period of time after the effective date of the ordi-
nance of the City Council of the City of Baldwin Park adopting the Rede-
velopment Ptan, each owner interested in participating shall submit to the
Agency a statement of intent. The Agency shall notify each owner who
submits a statement of intent of the time within which he must prepare
and submit his proposal for owner participation. Owners must then pre-
pare and submit their proposals within the time then established.
Each proposal shall show the location of the property owned, the
names and approvals of all owners of such property, the nature of the
desired participation, the financing to be used, and the time required to
achieve the proposed development. Proposals to participate in the same
location should indicate the uses to which the property would be put* and
to what extent the desired participation would involve demolition or reten-
tion of existing structures, the rehabilitation of existing structures, the
construction of new buildings, or the acquisition of adjacent property.
Proposals to participate In a different location would Indicate the location
and amount of property desired, the uses to which the property would be
put, and a description of the buildings which would be constructed.
Opportunity will be given to discuss proposals with the Agency Staff
and to make necessary adiustments. The Agency wftt thereafter decide
which proposals. If any, are In strict accordance with the specific Rede-
velopment Plan and the best Interests of the community. Notice of wheth*
er a proposal is acceptable or unacceptable will be sent to each owner
who has submitted a proposal.
5. OWNER PARTICIPATION AGREEMENT
Each owner who has submitted an acceptable proposal for owner partici-
pation will be required to enter into an owner participation agreement
when requested to do so by the Agency.
Each owner participation agreement shall contain such provisions as
are deemed necessary by the Agency to insure that the proposal will be
carried out and that the property involved will be subject to the strict
provisions of the Redevelopment Plan. Each agreement shall require the
owner participant to loin in the recordatfon of such documents as the
Agency may require. The agreement shall also provide that a successor in
interest to the original owner participant may continue as an owner par-
ticipant prior to completion of the Redevelopment Project only with the
approval of the Agency.
6 BREACH OF OWNER PARTICIPATION AGREEMENT
When a participant who has entered into an owner participation agree*
men* with the Agency fails to comply with any of the terms thereof, the
Agency shall immediately acquire the property involved from the partici-
pant, If deemed necessary by the Agency or take such other actions as the
Agpncy deems fit, in order to meet the oblecfives of the Redevelopment
Plan.
7, AMENDMENT OF OWNER PARTICIPATION RULES
The Agency may amend these rules in any respect at any legal meet.
in<i held after their adoption. Any amendments made after the filing of
any statements of Intent shall be made only after notice to the persons
who have filed statements of Intent Notice shall be by regular mail posted
to the name and address shown on the statement of intent at least ten 10)
days before the date of the meeting at which the proposed amendment
will be considered.
BIB]
37960-U01
ORD-U02
709-U02
LI2-U03
FO31548-U03
FO31752-U03
DO32580-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04