HomeMy WebLinkAbout73-44 - Adopting Redevelopment PlanORDINANCE NO. 73-ly('A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 1 (DOWNTOWN REDEVELOPMENT PROJECT) IN THE
CITY OF COSTA MESA, CALIFORNIA, AS THE OFFICIAL REDEVELOPMENT
PLAN FOR SUCH PROJECT AREA.
WHEREAS, the Costa Mesa Redevelopment Agency of the City of Costa Mesa,
California ("Agency") has prepared and approved a Redevelopment Plan for
Project Area No. 1 in the City of Costa Mesa, and has recommended that the
City Council approve and adopt said Redevelopment Plan; and
WHEREAS, the Planning Commission of the City of Costa Mesa has submitted
its report and recommendation, recommending approval of the Redevelopment Plan
for Project Area No. 1; and
WHEREAS, the Agency has adopted rules for owner participation and re-
entry of business within the Project Area; and
WHEREAS, the Agency has submitted the Redevelopment Plan for Project Area
No. 1 and its report thereon to the City Council; and
WHEREAS, a joint public hearing has been held by the Agency and the City
Council, duly noticed as required by law, and the Agency and Council have
received written, photographic, and oral testimony concerning the Redevelopment
Plan for Project Area No. 1.
NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby
ordain as follows:
SECTION 1. The City Council hereby declares that its purposes and intent
with respect to Project Area No. 1 are:
(a) To eliminate the conditions of blight existing in the Project Area.
(b) To prevent the reoccurrence of blighted conditions within the
Project Area.
(c) To provide for participation by owners and tenants and preferences
to persons engaged in business within the Project Area to partici-
pate in the redevelopment of the Project Area, to encourage and
insure the development of the Project Area in the manner set forth
in the Redevelopment Plan, to provide for the relocation of any
residents displaced by the effectuation of the Redevelopment
Plan; and
(d) To improve and construct or provide for the construction of
public facilities, roads, recreational areas and other public
Improvements to the benefit of the Project Area and the general
public.
SECTION 2. The Redevelopment Plan for Project Area No. 1 in the City of
Costa Mesa, as submitted to the City Council, is hereby approved and designated
as the official Redevelopment Plan for that Project Area.
SECTION 3. The Redevelopment Plan for Project Area No. 1 in the City of
Costa Mesa is hereby incorporated herein by reference and made a part hereof as
if fully set forth at length herein.
SECTION 4. The City Council of the City of Costa Mesa hereby finds and
determines that:
(a) Project Area No. 1 is a blighted area, the redevelopment of which
is necessary to effectuate the public purposes declared in the
Community Redevelopment Law of the State of California.
(b) The Redevelopment Plan for Project Area No. 1 would redevelop
the area in conformity with the Community Redevelopment Law of
(c) The adoption and carrying out of the Redevelopment Plan for
Project Area No. 1 is economically sound and feasible.
(d) The Redevelopment Plan for Project Area No. 1 conforms to the
General Plan of the City of Costa Mesa.
(e) The carrying out of the Redevelopment Plan for Project Area No. 1
would promote the public peace, health, safety, and welfare of
the community and would effectuate the purposes and policy of
the Community Redevelopment Law of the State of California.
(f) The condemnation of real property, as provided for in the
Redevelopment Plan for Project Area No. 1, 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 Redevelopment Agency has a feasible plan for the relocation
of families and persons displaced from the Project Area, in the
event the Redevelopment Plan may result in the temporary or
permanent displacement of any occupants of housing facilities in
the Project Area.
(h) There are, in areas other than the Project Area not generally less
desirable in regard to public utilities and public and commercial
facilities and at rents or prices within the financial means of
the families and persons displaced from the Project Area, decent,
safe, and sanitary dwellings equal in number to the number of and
available to such displaced families and persons and reasonably
accessible to their places of employment.
SECTION 5. The City Council is satisfied that permanent housing facilities
will be available within three (3) years from the time occupants of the Project
Area are displaced 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 community at the time of their displacement.
SECTION 6. The Redevelopment Plan provides for the expenditure of money by
the City of Costa Mesa in carrying out the Redevelopment Plan, and authorizes
the City to financially assist the Agency by way of loans, grants, or other
financial assistance. The City Council hereby provides that all such financial
assistance shall be deemed to be loans to the Agency, which shall bear interest at
the rate of seven percent (7%) per annum until repaid, unless the City Council
provides in any specific case that the expenditures shall be treated otherwise
than as a loan.
SECTION 7. The City Council hereby declares its intention to undertake and
complete any proceedings necessary to be carried out by the City of Costa Mesa
under the provisions of the Redevelopment Plan, and requests that all City
departments and commissions cooperate with the Agency in carrying out the
provisions of the Redevelopment Plan.
SECTION 8. Upon the filing of this Ordinance adopting the Redevelopment
Plan for Project Area No. 1 with the City Clerk, the City Clerk is hereby
directed to send a certified copy of this Ordinance to the Redevelopment
Agency of the City of Costa Mesa, and the Agency is vested with the responsi-
bility for carrying out the Redevelopment Plan for Project Area No. 1.
SECTION 9. The City Building Department is hereby directed, for a period
of two (2) years after the adoption of this Ordinance, to advise all applicants
for building permits in Project Area No. 1 that the site for which a building
permit is sought for the construction of buildings or for other improvements
is within a Redevelopment Project Area.
SECTION 10. The City Clerk is hereby directed to record with the County
Recorder of Orange County a description of the land within Project Area No. 1
and a statement that proceedings for the redevelopment of Project Area No. 1
have been instituted under the Community Redevelopment Law of the State of
California. Additional recordation of documents may be effected pursuant to
Section 27295 of the Government Code of the State of California.
SECTION 11. The City Clerk is hereby directed to transmit a copy of the
description and statement recorded pursuant to Section 33373 of the Health and
Safety Code of the State of California, a copy of this Ordinance, and a map or
plat indicating the boundaries of Project Area No. 1, to the Auditor and Tax
Assessor of the County of Orange, to the officer or officers performing the
functions of Auditor or Assessor for any taxing agencies which, in levying or
collecting its taxes, do not use the County Assessment Roll or do not collect
its taxes through the County, and to the governing body of each of the taxing
agencies which levies taxes upon any property in Project Area No. 1, and to the
State Board of Equalization. Such documents shall be transmitted as promptly as
practicable following the adoption of this Ordinance but in any event on or
before January 1, 1974.
SECTION 12. Having considered all the evidence, oral, written, and
photographic, the City Council hereby overrules all written and oral objections
to the Redevelopment Plan for Project Area No. 1.
SECTION 13. This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage, and before the expiration
of fifteen (15) days after its passage, shall be published once in the Orange
Coast Daily Pilot, a newspaper of general circulation printed and published
in the City of Costa Mesa, together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this ..�, day of December, 1973.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa as
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
Number Z was introduced and considered section by section, at a regular
meeting of said City Council held on the 17•tdhidikof December, 1973, and there-
after passed and adopted as a whole at gu ar meeting of said City Council
held on the .7&bday of December, 1973, by the following roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN: J
IN WITNESS WHEREOF, I have hereby set 9 hand and affixed the Seal of the
City of Costa Mesa this ai(aday of December, 1973.
J
City
Clerk and
ex -officio Clerk ofkhe
City
Council of
the City of Cost
esa
A REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 1
(DOWNTOWN REDEVELOPMENT PROJECT)
IN THE CITY OF COSTA MESA, CALIFORNIA
ACKNOWLEDGEMENTS
CITY COUNCIL/REDEVELOPMENT AGENCY
Jack Hammett, Mayor
Willard T. Jordan, Vice Mayor
Alvin L. Pinkley
Dominic Raciti
Robert M. Wilson
PROJECT AREA COMMITTEE
Neil Abrams
Lew Kidder
J. C. Humphries
Dr. Thomas Nelson
Cal Stilley
CITY OF COSTA MESA
PLANNING COMMISSION
H. J. Wood, Chairman
C. C. Clark, Vice Chairman
John Leonhardt
Edward V. McFarland
Nathan L. Reade
Fred Sorsabal, City Manager
William L. Dunn, Planning Director
James H. Eldridge, Director: Public Service
Roy E. June, City Attorney
Wilsey & Ham: Consultants to the City of Costa Mesa
Larry Smith & Co.: Consultants to the City of Costa Mesa
CONTENTS
1.
INTRODUCTION
1-1
Definitions
2.
PROJECT AREA BOUNDARIES & BOUNDARY DESCRIPTION
2-1
3.
PROJECT AREA SELECTION
3-1
Reasons for Selection of the Project Area
Neighborhood Impact/Neighborhood Element
4.
DEVELOPMENT GUIDELINES
4-1
Land Use
Rights of Way
Standards for Development
5.
RELOCATION
5-1
Relocation Advisory Assistance
Relocation Payments
Commercial and Industrial Relocation
6.
METHODS FOR FINANCING THE PROJECT
6-1
General Description of the Proposed Financing Method
Agency Bonds
Tax Increments
Bonding Feasibility
7.
IMPLEMENTATION PROVISIONS
7-1
Proposed Redevelopment Actions
Acquisition of Real Property
Participation by Owners and Tenants
Property Disposition
Purchase and Development Documents
General Development Standards
Building Permits
Actions by the City
Property Management
8.
ENFORCEMENT
8-1
9.
DURATION OF THE REDEVELOPMENT PLAN
8-1
10.
PROCEDURE FOR AMENDMENT
8-1
REDEVELOPMENT PLAN FOR THE
COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT
1 INTRODUCTION
The Redevelopment Plan for the Costa Mesa Downtown Redevelopment
Project is based on the need to correct problems of circulation,
land use incompatibility, and structural obsolescence within
the Downtown Redevelopment Project Area.
Basic to Costa Mesa's redevelopment strategy is to make maximum
use of private enterprise in eliminating the negative conditions
now evident in the Project Area. This will be accomplished
through provision of public improvements such as street modifi-
cations and open spaces to provide a sound and attractive
environment for redevelopment. Land assembly will be done
primarily by private enterprise with assistance from the
Redevelopment Agency where it becomes essential for assembling
suitable parcels.
The Redevelopment Plan for the Costa Mesa Downtown Redevelopment
Project has been prepared by the Costa Mesa Redevelopment Agency
pursuant to the Community Redevelopment Law of the State of
California, the California Constitution and all applicable local
laws and ordinances.
1.1 General Definitions
The following definitions will be used in this Plan unless the
context otherwise requires:
A. "Agency" means the Costa Mesa Redevelopment Agency, City
of Costa Mesa, California.
B. "City" means the City of Costa Mesa, California.
C. "City Council" means the City Council of the City of Costa
Mesa.
D. "County" means the County of Orange, California.
E. "Map" means the Redevelopment Plan Map for Costa Mesa
Downtown Redevelopment Project Area (Figure 2 herein).
F. "Owner" means any individual or entity owning "real property"
as defined herein.
G. "Person" means any individual, or any public or private
entity.
H. "Plan" means the Redevelopment Plan for Costa Mesa Downtown
Redevelopment Project Area.
I. "Planning Commission" means the Planning Commission of the
City of Costa Mesa, California.
J. "Project" means any undertaking of the Agency pursuant to
this Plan.
K. "Project Area" means the area included within the boundaries
of Costa Mesa Downtown Redevelopment Project and is used
interchangeably with the term "Redevelopment Project" herein.
L. "Project Area Committee" ("PAC") means the project area
committee for the Costa Mesa Downtown Redevelopment Project.
M. "Real Property" means land, including land; buildings,
structures, fixtures, and improvements on the land; property
appurtenant to or used in connection with the land; every
estate, interest, privilege, easement, franchise, and right
in land, including rights-of-way, terms for years, and liens,
charges, or encumbrances by way of judgment, mortgage or
otherwise and the indebtedness secured by such liens.
N. "Redevelopment Law" means the Community Redevelopment Law of
the State of California (California Health and Safety Code,
Section 33000, et sec.).
0. "State" means the State of California.
16]
2 PROJECT AREA BOUNDARIES AND BOUNDARY DESCRIPTION
The boundaries of the Project Area are indicated in Figure 1,
and the legal description of the Project Area is as follows:
All that certain real property situate in the City of Costa Mesa,
County of Orange, State of California, and being more particularly
described as that property within the following boundary:
Beginning at the intersection of the southeasterly line of Orange
Avenue (60 feet wide) with the northeasterly line of 19th Street
(60 feet wide) as said intersection is shown on that certain
map entitled "Tract No. 594" filed in Book 19 of Maps at Pages
25 and 26, Orange County Records; thence from said Point of
Beginning along said southeasterly line of Orange Avenue
southwesterly to the intersection thereof with the southwesterly
line of 17th Street (variable width); thence along said south-
westerly line of 17th Street northwesterly to the intersection
thereof with the southeasterly line of Newport Boulevard (variable
width); thence along said southeasterly line of Newport Boulevard
southerly to an intersection thereof with the southeasterly
prolongation of the southwesterly line of Lot 71, said Lot
being shown on that certain map entitled "Map of Newport Heights",
filed in Book 4 of Maps at Page 83, Orange County Records; thence
along said southeasterly prolongation and said southwesterly line
of Lot 71 northwesterly to the southerly line of Superior Avenue
(60 feet wide), formerly known as Newport Avenue; thence along
said southeasterly line of Superior Avenue southwesterly to an
intersection thereof with the easterly prolongation of the
southerly line of that portion 17th Street (60 feet wide);
thence from said point of intersection along said prolongation
and southerly line of 17th Street westerly to the intersection
thereof with the westerly line of Pomona Avenue as said intersection
is shown on that certain map entitled "Map of Newport Mesa Tract"
filed in Book 5 of Maps at Page 1, Orange County Records; thence
along the westerly line of Pomona Avenue northerly to the inter-
section thereof with the westerly prolongation of the northerly
line of Lot 507 as said Lot is shown on the above mentioned Map
of Newport Mesa Tract; thence along said westerly prolongation
and said northerly line of Lot 507 easterly to the easterly
line of Orange County Assessor's Parcel No. 116-182-24; thence
along last said easterly line and its northerly prolongation
northerly to the northerly line of Lot 506 as said Lot is shown
on the above mentioned Map of Newport Mesa Tract; thence along
the northerly line of said Lot 506 easterly to the easterly
line of Orange County Assessor's Parcel No. 116-180-05; thence
along the easterly line of said Assessor's Parcel No. 116-160-05
2-1
and its northerly prolongation northerly to the northerly line
of 18th Street (60 feet wide) said street being also shown on
the above mentioned Map of Newport Mesa Tract; thence along said
northerly line of 18th Street easterly to the easterly line of
Orange County Assessor's Parcel No. 116-091-12; thence northerly
along last said easterly line to the northeast corner of said
parcel, said northeast corner being on the northerly line of
Lot 504, Newport Mesa Tract; thence along the northerly line of
said Lot 504 to the southeast corner of Orange County Assessor's
Parcel No. 116-091-27; thence along the easterly line of said
Assessor's Parcel No. 116-091-27 and its northerly prolongation
northerly to the northerly line of Center Street (60 feet wide),
formerly known as Balboa, said Center Street being shown on that
certain map entitled "Tract No. 3287", filed in Book 102 of Maps
at Pages 38 and 39, Orange County Records; thence along said
northerly line of Center Street easterly to the southeast corner
of Lot 13 as said Lot is shown on the above mentioned Tract, being
also the westerly line of a 20 -foot alley; thence northerly along
said westerly line of the 20 -foot alley and its northerly
prolongation to the northerly line of Plumer Street as said
street is shown on the above mentioned map of Tract No. 3287;
thence along the northerly line of said Plumer Street easterly
to its intersection thereof with the westerly line of Anaheim
Avenue (60 feet wide); thence along said westerly line of Anaheim
Avenue and its northerly prolongation northerly to its intersection
with the northerly line of 19th Street (80 feet wide); thence
along the northerly line of 19th Street easterly to an intersection
with the westerly line of Maple Avenue (60 feet wide); thence
along said westerly line of Maple Avenue northerly to an inter-
section thereof with the westerly prolongation of the northerly
line of that subdivision shown on that certain map entitled
"Tract No. 325" (Spalding Place), filed in Book 14 of Maps at
Page 42, Orange County Records; thence along said westerly
prolongation and said northerly line easterly to the westerly
line of Harbor Boulevard (variable width), formerly known as
Fairview Avenue; thence along said westerly line of Harbor
Boulevard northerly to an intersection with the westerly
prolongation of the northerly line of Lot 15 as said Lot is
shown on that certain map entitled "Fairview Farms", filed in
Book 8 of Maps at Pages 71 and 72, Orange County Records; thence
along said westerly prolongation and said northerly line easterly
to the easterly line of said Lot 15; thence along said easterly
line of Lot 15 southerly to the northwesterly line of Newport
Boulevard; thence along said northwesterly line of Newport
Boulevard southwesterly to an intersection with the northwesterly
prolongation of the northeasterly line of that portion of 19th
Street (60 feet wide) which lies southeasterly of Newport Boulevard;
2-2
thence along said northwesterly prolongation and said northeasterly
line of 19th Street southeasterly to the Point of Beginning.
2-3
COSTA MESA
REDEVELOPMENT PROGRAM
WILSEY& HANI
3 PROJECT AREA SELECTION/NEIGHBORHOOD IMPACT
In the selection of the Project Area, the following criteria
were utilized as a base:
1. The existence of physical, environmental, economic and
social factors indicating the obsolescence of the existing
development pattern in the Project Area.
2. The existence of potential development opportunities that
may form an anchor for redevelopment and are essential to
correcting blighting conditions in the Project Area.
It should be noted that not all improvements and land within the
Project Area are detrimental and injurious to the Project Area.
The Plan includes lands that are not injurious to the Downtown
Redevelopment Project Area, but whose inclusion is necessary
for the effective implementation of the Project.
3.1 The reasons for selecting the Pro'ect Area
1. Portions of the Project Area are characterized by a mixed
and shifting land use pattern including a mixture of residen-
tial, commercial, auto repair and industrial properties.
This use pattern has resulted in many incompatibilities and,
in some instances results in stagnant and improductive
conditions of land potentially useful and valuable.
2. Residential and commercial structures in the area are now
obsolete and deteriorating due to defective design and the
character of the initial construction.
3. Portions of the Project Area are characterized by under -
utilization and improper utilization of land due to a
parcelization pattern that will require replanning and land
assembly to ameliorate.
4. The circulation and traffic movement systems in the Project
Area are highly defective and create conditions that now
hinder proper development. The existing circulation network
in the Project Area is characterized by irregular inter-
sections that create severe traffic hazards and constrict
the flow of traffic on major arterial highways. These
conditions are most severe at the intersection of Harbor
Boulevard, Newport Boulevard and Center Street, and have been
generated by substandard design and intersection spacing.
Additionally, the irregular street network has resulted in
3-1
parcel shapes, depths and widths that are not conducive to
proper usefulness and development.
5. Redevelopment of the Project Area is intended to eliminate
the present blighting conditions, and, at the same time,
provide modifications to parcel patterns, the street network
and public facilities needed to insure development that is
compatible with, and will result in the implementation of
the Costa Mesa General Plan.
3.2 Neighborhood Impact/Neighborhood Element
There are approximately 620 dwelling units in the Project Area.
Of these units, approximately 276 are single family dwellings,
316 are multiple units and 24 are mobile homes. The majority
of the single family units east of Newport Boulevard were
developed under obsolete county zoning standards and would not
meet current building or zoning standards in Costa Mesa. With
the exception of older scattered residential units that are
interspersed with commercial and industrial development, the
impact on residential areas will not involve substantial disruption.
The effect of the Project on residents of the Project Area and
the surrounding area are described as follows:
A. Residential Displacement and Relocation
Relocation of residents may be required in order to assemble
parcels of land for commercial and industrial use. Such
relocation should have a favorable effect on such residents
as the Agency will provide for suitable replacement housing
for persons so relocated in neighborhoods of less mixed land
usage. Acquisition of such residential properties by the
Agency may in fact be the only economical means for persons
wishing to relocate to better neighborhoods with no inter-
mixture of residential and commercial and/or industrial uses.
B. Circulation and Traffic
While traffic circulation in residential areas in and adjacent
to the Project Area is adequate, the initial design of the
street system in the non-residential portions of the Project
Area is a major problem. The defective and substandard
design of the circulation system has resulted in the following:
1. Constricted east -west traffic movement;
2. Constricted north -south traffic movement;
3-2
3. Hazardous and irregular intersections.
Improvements proposed in the Plan will correct many of
these problem factors as funds become available to finance
the proposed improvements.
Should development of the proposed Newport Freeway occur as
planned, existing residential areas adjacent to the proposed
Freeway right-of-way will be subjected to increased noise,
and the desirability for continued residential use may
decline. Acquisition, reparcelization and replanning by the
Agency may represent the only means to create a desirable
land use and development pattern in this portion of the
Project Area.
C. Environmental Quality
The short run impact of the Project may be negative in portions
of the Project Area where redevelopment is taking place due
to the traffic, noise, and debris associated with rehabilita-
tion and construction. However, after the development is
completed, the improvements throughout the Project, which
may include extensive landscaping and design features to
enhance the visual impact of commercial development, industrial
uses and residential development, will significantly improve
the environmental quality; in addition, modified street
patterns may be effectuated to minimize through -traffic in
residential areas adjacent to commercial and industrial
development.
D. Availability of Community Facilities and Services
Improved traffic circulation will permit greater access to the
municipal services within and without the Project Area. The
development of new commercial uses will create convenient
and additional shopping and services to both the Project Area
and the City of Costa Mesa.
The development of pedestrian pathways and mall/plaza areas
integrated with proposed commercial and residential uses will
tend to enhance the accessibility of Costa Mesa Park to all
Project Area residents. The park is now physically separated
from residents on the east side of the Project Area by major
arterial highways.
3-3
E. Effect on School Population and Quality of Education
The use of rehabilitation of existing residential dwellings
in conjunction with the development of multi -family dwel-
lings through incentive zoning where such uses are permitted
indicate that the Project will have an impact on the school
population. Assuming development of the residential areas
to full capacity, the Project Area will include approximately
1000 dwelling units. Utilizing an enrollment generation
factor of .90 students per unit for townhouse and cluster
housing and .35 students per unit for multiple dwellings,
the total student population will be approximately 600
students. This enrollment compares with a current enrollment
of 465 students. Thus, the Project at full residential
capacity will result in a total enrollment increase of
approximately 135 to 150 students over the existing enrollment.
However, added tax base eventually taxable by the school
districts from development in the Project Area may generate
revenues for use by the districts to improve the quality of
education.
F. Property Assessments and Taxes
Improvements to real property within the Project Area will
probably result in higher assessed values. The increase
will probably be greater for commercial properties and
presently undeveloped property than for properties with
existing residential uses. Because of recent property tax
reform legislation, no accurate projection of tax rates can
be made.
G. Other Matters Affecting the Physical and Social Quality of
the Neighborhood
To the extent that portions of the Project Area are under-
developed and improvement projects are currently committed,
change and development are going to come in the Project
Area notwithstanding the adoption of a redevelopment plan
of the area. However, development that may take place within
the Project Area will tend to intensify existing problems
within the Project Area and add to the incremental and
hapazard growth pattern that has created the need for the
Redevelopment Project. The adoption of a redevelopment plan
and its implementation by the Agency, in cooperation with
other entities including the Project Area Committee, are
means of assuring community control of the manner in which
the inevitable changes will affect the physical and social
quality of the neighborhood.
3-4
4 DEVELOPMENT GUIDELINES
Development is proposed in a phased program which will allow the
Agency:
1. To proceed with a first phase program involving improve-
ments to the circulation system within the Project Area,
parking development and commercial redevelopment prior
to Newport Freeway completion; and
2. To test the acceptance of auto parking malls and pedes-
trian malls in relation to market response and shopper
utilization.
Figure 2 indicates the proposed land uses, proposed rights-of-way
and public improvements. Figures 3 and 4 show the illustrative
site plans for Project Area Alternatives for the final phases of
development.
The general objectives of the Costa Mesa Downtown Redevelopment
Project are to eliminate and arrest the further establishment
of blighting conditions in the Project Area. This is to be
accomplished primarily by the elimination of mixed and incom-
patible land uses, the strengthening of some existing land uses
and the development of underutilized land.
4.1 Land Use
Figure 2 indicates the location of Project Area land uses and
proposed rights-of-way. The land use proposals include recommen-
dations for commercial, industrial, residential and public
development.
The land use designation on the Map shall permit the development
set forth herein subject to the development standards of this
Plan or development standards adopted pursuant to this Plan:
A. Commercial Use: As indicated in Figure 2, commercial
development is proposed for the 19th Street, Harbor, Newport
and 17th Street frontages. Commercial development within
these areas shall include administrative and professional
offices, financial institutions, retail commercial activity
including full line and specialty shopping facilities,
hotel/motel facilities, service commercial use, theaters,
entertainment facilities and related auxiliary uses.
4-1
Development in areas designated for commercial use on Figure
2 shall be developed according to the following standards:
1. Commercial parcels shall be no less than 15,000 square
feet.
2. The gross floor area of a commercial structure shall
be no more than three times the parcel area. (FAR 3.0)
3. There shall be no limitation on commercial building
heights within the Project Area.
4. Except as inconsistent with this Plan, all requirements
of the City's zoning ordinance as it now exists or is
hereafter amended shall apply to commercial development
in the Project Area.
B. Residential Use: Areas for residential development are
indicated in Figure 2 and generally include portions of the
Project Area east of the Newport Boulevard commercial areas
and the areas adjacent to Costa Mesa Park west of the Newport
and Harbor Boulevard commercial areas. It is anticipated
that residential development will include a variety of
housing types and densities including:
1. High density multiple family housing either apartment or
condominium at 20-30 units/acre; and
2. Medium density townhouse or cluster housing development
at 12-20 units/acre.
Development in areas designated for residential use shall be
developed according to the following standards:
1. Maximum density shall be 30 dwelling units per acre except
in areas 1-9 indicated in Figure 2 where the maximum
density shall be 20 dwelling units/acre.
2. Residential parcels shall be no less than 20,000 square
feet.
3. Maximum land coverage for main and accessory structures
shall be .50 of the parcel area.
4. There shall be no limitation on residential building
heights within the Project Area except in areas 1-9
indicated in Figure 2 where the maximum height shall be
3 stories.
4-2
5. Except as inconsistent with this Plan, all requirements
of the City's zoning ordinance as it now exists or is
hereafter amended shall apply.
6. All new residential development shall be for multi -family
housing and shall conform to the requirements of applicable
state statutes and local codes.
C. Industrial Use: Areas for industrial development are
indicated on Figure 2 and include the southern portions of
the Project Area adjacent to 17th Street. This development
will include light manufacturing uses, warehouse, service
uses, and related auxiliary commercial use.
D. Public and Semi -Public Uses: Figure 2 indicates the
location of public and semi-public uses. Public and semi-
public uses will include parking, open space, libraries,
schools, recreational facilities and similar land uses.
Public open space and parking uses may be interspersed
with commercial uses, developed within the residential
areas and adjacent to Costa Mesa Park.
4.2 Rights of Way
As indicated in Figure 2 the public streets within the Project
Area will include a system of east -west and north -south arterial;.
Major elements in this system are:
1. 19th Street
2. 17th Street
3. 18th Street
4. Harbor Boulevard
5. Newport Boulevard
6. The proposed Newport Freeway
Within the Project Area selected streets and alleys will be widened,
altered, abandoned, realigned, or closed for proper development
of the Project Area. Additional rights-of-way for public streets
may be created in the Project Area as needed for proper development.
The proposed development will require alterations to 19th Street,
17th Street, 18th Street, Newport Boulevard and Harbor Boulevard
to complete the major street system proposed by the Plan.
4.3 Standards for Development
In addition to the standards set forth in this Plan developers of
property must meet the provisions of the Costa Mesa Zoning Ordinance,
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the Costa Mesa Building Code and the Health and Safety Code of
the State of California. Zoning recommended for the Project
Area is as follows: C-1 and C-2 for commercial, M-1 for
industrial areas and R-4 for the residential areas.
New Construction
All new construction shall comply with all applicable State and
local laws in effect from time to time including, without limita-
tions, the Building, Electrical, Heating and Ventilating, Housing,
Plumbing and Mechanical Codes of the City of Costa Mesa.
Existing Uses
The Agency is authorized to permit an existing use to remain in
an existing building in good condition, which use does not conform
to the provisions of this Plan, provided that such use is generally
compatible with the developments and uses in the Project Area.
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 necessary to protect the development
and use of the Project Area.
General Development Standards
1. The Agency may establish setback requirements for all new
development within the Project Area which may exceed the
requirements of the City's zoning ordinance.
Setback areas shall be used for landscaping, access drives,
walkways, and off-street parking.
2. The Agency shall require that, as feasible, adequate land-
scaping and screening be provided for each use to create
buffers between those areas designated for different uses.
All outdoor storage of materials or equipment shall be
enclosed or screened by walls, landscaping or other enclosure
to the extent and in the manner required by the Agency.
Screening shall consist of a solid wall or fence and gates,
vine covered fence or compact evergreen hedge of a height
necessary to screen the use from view of adjoining streets
and properties.
3. The approximate amount of open spaces to be provided in the
Project Area is the total of all areas which will be in the
public rights-of-way, the public grounds, the space around
buildings, and other outdoor areas not permitted to be
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covered by buildings. A minimum of 5 percent of the total
parcel area shall be landscaped with ground cover and other
plant material with a minimum of 20 percent of the required
landscaping located within the required parking areas.
Landscaping shall consist of an effective combination of
street trees, trees, ground cover and shrubbery.
4. In all areas sufficient space shall be maintained between
buildings to provide adequate light, air, and privacy.
5. Protruding, overhanging, blinking, flashing, or animated
signs shall not be permitted in the Project Area. No bill-
boards, pennants, bunting, or similar devices for advertising
for commercial display shall be permitted. The Agency shall
permit only those signs necessary for identification of
buildings, premises, and uses. Design of all signs shall be
submitted to the Agency for review and approval before erection.
6. The Agency shall require that all utilities be placed under-
ground when physically and economically feasible, or when not
feasible, all above ground utilities shall be placed at the
rear of parcels.
7. Adequate parking shall be provided to accomodate all parking
needs for each parcel in accordance with the provisions of
the City's Zoning Ordinance.
Parking facilities for the joint use of two or more parcels
of a size sufficient to meet the combined requirements of such
parcels may be constructed with prior written approval of the
Agency. No parking space shall be located in a front or
side setback area except with prior written approval of the
Agency. Parking spaces shall be paved and drained so that
storm and surface waters draining from parcels will not
cross public sidewalks. Parking spaces visible from streets
shall be landscaped or screened as necessary to prevent
unsightly or barren appearance. Lighting for parking spaces
shall be shielded from residential buildings and adjoining
streets.
8. All service areas, refuse collection areas, and trash bins
shall be completely screened or shall be in the manner
provided herein or shall be enclosed within a building.
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Variations
Under exceptional circumstances, the Agency is authorized to
permit a variation from the limits, restrictions and controls
established by the Plan. In order to permit such variation, the
Agency must determine that;
I. The application of certain provisions of the Plan would
result in practical difficulties or unnecessary hardships
inconsistent with the general purpose and intent of the Plan.
2. There are exceptional circumstances or conditions applicable
to the property or to the intended development of the property
which do not apply generally to other properties having the
same standards, restrictions, and controls.
3. Permitting a variation will not be materially detrimental to
the public welfare or injurious to property or improvements
in the area.
4. Permitting a variance will not be contrary to the objectives
of the Plan.
No variation shall be granted which changes a basic land use or
which permits other than a minor departure from the provisions
of this Plan. In permitting any such variation, the Agency shall
impose such conditions as are necessary to protect the public
health, safety, or welfare, and to assure compliance with the
purposes of the Plan.
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FIGURE 2: PROPOSED LAND USES
COSTA MESA
REDEVELOPMENT PROGRAM
wig & HAM
5 RELOCATION
In implementing the Redevelopment Plan, the Agency will attempt
to minimize relocation needs. However, when the relocation of
a business concern, family or other person or concern is necessary
the Agency shall:
1. Assist in finding other suitable locations; and
2. Make relocation payments.
5.1 Relocation Advisory Assistance
Relocation advisory assistance will be furnished by the City of
Costa Mesa to any persons (either owners or renters) whose property
is acquired by the Agency in connection with the implementation
of the Redevelopment Plan. No person will be required to move
from his dwelling unit because of the activities of the Redevelop-
ment Agency in implementing the Redevelopment Plan unless replace-
ment housing is available in areas not generally less desirable
in regard to public utilities and public and commercial facilities
are available for such person, at rents or prices within the
financial means of such person, and the replacement dwelling
unit is decent, safe, sanitary, and located so that it is reason-
ably accessible to the place of employment of the person to be
relocated. If such replacement housing is not available and
the Agency determines that such housing cannot be made otherwise
available, the Agency shall provide such housing.
5.2 Relocation Payments
The Agency is authorized to pay the actual and reasonable moving
expenses of any person whose dwelling unit or the land on which
such dwelling unit is located is acquired by the Agency. As an
alternative to receiving such payments, any person who is
displaced from a dwelling unit may receive a moving expense
allowance, and an additional dislocation payment as provided in
Section 7262 of the Government Code. The Agency is further
authorized to financially assist a displaced dwelling owner or
renter meeting the qualification contained in Sections 7263 and
7264 of the Government Code in order to provide suitable housing
for any person displaced from his residence as a result of the
Redevelopment Agency's implementation of the Redevelopment Plan.
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5.3 Commercial and Industrial Relocation
Existing businesses and industry within the Project Area will be
given first priority to acquire parcels made available for
business and industrial development through the redevelopment
process. Relocation advisory assistance for any business or
industry will be made available through the City of Costa Mesa.
In the event that it becomes necessary to relocate a business, and
the business cannot be relocated without a substantial loss of
patronage, and the business is not part of a commercial enterprise
having at least one other establishment engaged in the same or
similar business, the Agency is authorized to pay to such
business a relocation payment as provided in Section 7262 of the
Government Code. The Agency is also authorized to pay any and
all actual and reasonable moving expenses of a business if the
business is required to relocate as a result of the implementation
of the Redevelopment Plan.
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6 METHODS FOR FINANCING THE PROJECT
6.1 General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency is
authorized to finance this Project with financial assistance
from the City, State of California, property tax increments,
interest income, Agency bonds, or any other available source.
Advances and loans for survey and planning and operating capital
and for nominal administration of this Project have been, and
are to be provided by the City until adequate tax increments
or other funds are available or sufficiently 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 Orange will be used for the street system. Some
revenue may accrue to the Project from interest earned on
investments of Agency funds.
The Agency is hereby authorized to obtain advances, borrow funds
and create indebtedness in carrying out the Redevelopment Plan.
The principal and interest on such advances, funds, and indebted-
ness may be paid from tax increments, bonds, or any other funds
available to the Agency.
6.2 Agency Bonds
The Agency is authorized to issue bonds if needed and feasible
in an amount sufficient to finance the Project. The principal
and interest may be payable:
Exclusively from the income and revenues of the
redevelopment projects financed with the proceeds of
the bonds, or with such proceeds together with financial
assistance from the state or federal government in
aid of the projects.
Exclusively from the income and revenues of certain
designated redevelopment projects whether or not they
were financed in whole or in part with the proceeds
of the bonds.
3. In whole or in part from taxes allocated to, and paid
into a special fund of the Agency.
4. From its revenues generally.
5• From any contributions or other financial assistance
from the state or federal government.
6. By any combination of these methods.
6.3 Tax Increments
All taxes levied upon taxable property within the Project each
year by or for the benefit of the State of California, County
of Orange, City of Costa Mesa, any district, or other public
corporation (hereinafter sometimes called "taxing agencies")
after the effective date of the ordinance approving this Redevel-
opment Plan, shall be divided as follows:
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 Redevelop-
ment Project 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 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 Project on the effective date of such
ordinance but to which such territory is annexed or
otherwise included after such effective date, the
assessment roll of the County of Orange last equalized
on the effective date of said 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 shall be allocated to and when collected
shall be paid into a special fund of the Agency to pay
the principal 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
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Project. Unless and until the total assessed value of
the taxable property in the Project exceeds the total
assessed value of the taxable property in the Project
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 Project
shall be paid into the funds of the respective taxing
agencies. When said bonds, loans, advances and indebt-
edness, if any, and interest thereon, have been paid,
all moneys thereafter received from taxes upon the
taxable property in the 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 paragraph (2) above may be
irrevocably pledged for the payment of the principal of and
interest on the advance of moneys, or making of loans, or the
incurring of any indebtedness (whether funded, refunded, assumed,
or otherwise) by the Redevelopment Agency to finance or refinance
in whole or in part the Project.
The Agency is authorized to make such pledges as to specific
advances, loans and indebtedness as appropriate in carrying out
the Project.
6.4 Bonding Feasibility
Agency bonds shall be issued only when the Agency has determined
that the Agency will have funds available to pay the interest
and principal on any such bonds when they become due and payable.
In any case where the determination of the availability of funds
for the payment of principal and interest on any such bonds
cannot be ascertained to the reasonable satisfaction of the
Agency from information available through its staff or that
of the City, the Agency shall engage financial counsel to
advise it whether funds will be available for the repayment of
principal and interest on any such bonds.
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7 IMPLEMENTATION PROVISIONS
7.1 Proposed Redevelopment Actions
The Agency proposes to eliminate and prevent the spread of blight
in the Project Area by:
1. Acquisition of certain real property;
2. Relocation assistance to displaced non-residential and
residential occupants;
3. Demolition or removal of certain buildings and improve-
ments;
4. Installation, construction or reconstruction of streets,
utilities, and other public improvements;
5. Disposition of property acquired for uses in accordance
with this Plan;
6. Redevelopment of land by private enterprise or public
agencies for uses in accordance with this Plan.
7.2 Acquisition of Real Propert
Except as specifically exempted herein, the Agency may acquire
but is not required to acquire, all real property located in
the Project Area, by gift, devise, exchange, purchase, eminent
domain, or any other lawful method.
It is in the public interest and is necessary in order to eliminate
the conditions requiring redevelopment and in order to execute
the Plan, for the power of eminent domain to be employed by the
Agency to acquire property in the Project Area.
The Agency is not authorized to acquire real property owned by
public bodies which do not consent to such acquisition. The
Agency is authorized, however, to acquire public property if
it is transferred to private ownership before the Agency completes
land disposition within the entire Project Area, unless the
Agency and the private owner enter into a participation agreement.
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The Agency shall not acquire real property to be retained by
an owner pursuant to a participation agreement if the owner fully
performs under the agreement. The Agency is authorized to acquire
structures without acquiring the land upon which those structures
are located. The Agency is also authorized to acquire any other
interest in real property less than a fee.
The Agency shall not acquire real property on which an existing
building is to be continued on its present site and in its
present form and use without the consent of the owner, unless:
1. Such building requires structural alteration, improvement,
modernization, or rehabilitation;
The site or lot on which the building is situated requires
modification in size, shape, or use;
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.
Generally personal property shall not be acquired. However,
where necessary in the execution of this Plan, the Agency is
authorized to acquire personal property in the Project area by
any lawful means.
7.3 Participation in Redevelopment by Owners and Tenants
Owners of property and business tenants may participate in the
redevelopment of property in the Project Area in accordance
with the Preference Rules and Participation Rules adopted by
the Agency. In general, these rules provide that existing
business owners and business tenants within the Project Area
be given preference for re-entry into business within the
redeveloped Project Area. Owners will be required to submit
proof to the Agency of their qualifications and financial ability
to carry out their agreement with the Agency.
Each participant not a conforming owner shall enter into a
binding agreement with the Agency by which the participant
agrees to rehabilitate, develop, or use the property in confor-
mance with the Plan and to be subject to the provisions hereof.
In such agreements, participants who retain real property
shall be required to join in the recordation of such documents
as are necessary to make the provisions of this Plan applicable
to their properties.
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In the event an owner or business tenant is unable or refuses to
execute a participation agreement acceptable to the Agency to
accomplish the purposes of this Plan, the provisions of this
Plan shall govern the development, redevelopment and future use
of the property involved, as an alternative to development of
the property by the owner or business tenant, and the Agency may
acquire any property involved, and sell, lease, or otherwise
provide for the development of such property in accordance with
this Plan.
The Agency may determine that certain real property within the
Project Area presently meets the requirements of this Plan and
the owners of such properties will be permitted to remain as
conforming owners without a participation agreement with the
Agency provided such owners continue to operate and use the
real property within the requirements of this Plan.
The Agency shall, upon the request of any conforming owner,
issue to such owner in a form suitable for recordation, a
certificate of conformity, which certificate shall provide in
substance that his property conforms to the requirements of
this Plan on the date of issuance thereof. Except in cases
of financial hardship, no such certificate of conformity shall
be issued by the Agency within the first twelve (12) months
after the adoption of this Plan.
7.4 Property Disposition
For the purposes of this Plan, the Agency is authorized to sell,
lease, exchange, subdivide, transfer, assign, pledge, encumber
by mortgage or deed of trust, or otherwise dispose of any interest
in real property.
To the extent permitted by law, the Agency is authorized to dispose
of real property by negotiated leases or sales without public
bidding.
All real property acquired by the Agency in the Project area
shall be sold or leased to public or private persons or entities
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 without charge. Property containing buildings or
structures rehabilitated by the Agency shall be offered for
resale within one year after completion of rehabilitation or
an annual report concerning such property shall be published by
the Agency as required by law.
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The Agency shall reserve such powers and controls in the
disposition and development documents as may be necessary to
prevent transfer, retention, or use of property for speculative
purposes and to insure that development is carried out pursuant
to this Plan.
All purchasers or lessees of property shall be made obligated
to use the property for the purposes designated in this Plan,
to begin and complete development of the property within a period
of time which the Agency fixes as reasonable, and to comply
with other conditions which the Agency deems necessary to carry
out the purposes of this Plan.
For the purposes of this Plan the Agency is authorized to sell,
lease, exchange, transfer, assign, pledge, encumber, or other-
wise dispose of personal property.
7.5 Purchase and Development Documents: Controls and Covenants
to Insure Compliance with The Redevelopment Plan
To provide adequate safeguards to insure that the provisions of
this Plan will be carried out and to prevent the recurrence of
blight, all real property sold, leased, or conveyed by the
Agency, as well as all property subject to participation agree-
ments, shall be made subject to the provisions of this Plan by
leases, deeds, contracts, agreements, declarations of restrictions,
provisions of the zoning ordinance, conditional use permits, or
other means. Where appropriate, as determined by the Agency,
such documents or portions thereof shall be recorded in the
office of the Recorder of the County.
The leases, deeds, contracts, agreements, and declarations of
restrictions may contain restrictions, covenants, covenants
running with the land, rights of reverter, conditions subsequent,
equitable servitudes, or any other provision necessary to carry
out this Plan.
All property in the Project Area is hereby subject to the
restriction that there shall be no discrimination or segregation
based upon race, sex, color, creed, religion, national origin,
or ancestry, in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of property in the Project Area.
All property sold, leased, conveyed, or subject to a participation
agreement shall be made expressly subject by appropriate
documents to the restriction that all deeds, leases, or contracts
for the sale, lease, sublease, or other transfer or use,
occupancy, tenure or enjoyment of land in the Project Area shall
contain such nondiscrimination and nonsegregation clauses as
are required by law.
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To the extent now or hereafter permitted by law, the Agency is
authorized to pay for all or part of the value of the land for
and the cost of the installation and construction of any
building, facility, structure, or other improvement either
within or outside the Project Area for itself or for any public
body or entity.
During the period of development in the Project Area, the Agency
shall 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.
The Agency shall require that development plans be submitted to
it for approval and review. All development must conform to
this Plan and all applicable Federal, State, and local laws,
except as such may be modified by requirements of this Redevelop-
ment Plan or Agency agreements entered into to carry out the
purposes of this Plan.
7.6 General Development Standards and Design for Development
Within the limits, restrictions and controls established in the
Plan, the Agency is authorized to establish heights of buildings,
land coverage, design criteria, traffic circulation, traffic
access, and other development and design controls necessary for
proper development of both private and public areas within the
Project Area.
No new improvement shall be constructed and no existing improve-
ment shall be substantially modified, altered, repaired, or
rehabilitated except in accordance with architectural, landscape,
and site plans submitted to and approved in writing by the Planning
Commission (except for existing residences not in excess of $5,000
for which no development plan shall be required and for existing
commercial and industrial structures not in excess of $10,000
for which no development plan shall be required). One of the
objectives of this Plan is to create an attractive and pleasant
environment in the Project Area. Therefore, such plans shall
give consideration to good design, open space, and other
amenities to enhance the aesthetic quality of the Project Area.
The Agency may not approve any plans that do not comply with
this Plan.
7.7 Building Permits Within the Proiect Area
A. Review of Applications for Issuance of Permits: Upon the
adoption of this Plan no permit shall be issued for the
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construction of any new building or any addition to an
existing building (except for existing residences not in
excess of $5,000 for which no development plan shall be
required and for existing commercial and industrial structures
not in excess of $10,000 for which no development plan shall
be required) in the Project Area until the application for
such permit has been processed in the manner provided herein.
Any permit that is issued hereunder must be for construction
which conforms to the provisions of this Plan.
Each applicant for a building permit in the Project Area,
for which an approved development plan is required, shall
submit a proposed development plan to the Planning Commis-
sion for review. The development plan shall be furnished
by the applicant and shall contain the following drawings
and/or information:
1. Building locations and proposed land uses.
2. Circulation pattern including access, egress, parking,
loading areas and pedestrian movement systems.
3. Four elevations indicating design features and exterior
materials.
4. Landscape areas including the amount and type of plant
material, irrigation plans and provisions for maintenance.
5• Location and height of fences and screening material.
6. Any other drawings or materials necessary to explain
the project.
Within ten (10) days from the receipt of a proposed
development plan by the Planning Commission the Commission
shall request the Planning Director or his designee to
determine what effects, if any, the proposed development
plan would have upon the Plan. Within fifteen (15) days
thereafter the Planning Director shall file with the
Planning Commission a written report setting forth his
determinations, which shall include but not be limited
to the following:
1. Whether the proposed improvements would be compatible
with the standards and requirements set forth in the
Plan, or adopted pursuant to the Plan.
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What modifications, if any, in the proposed development
would be necessary in order to meet such requirements
and standards.
Within thirty (30) days after receipt of the Planning
Director's report on the proposed development plan the
Planning Commission shall approve, disapprove, or condi-
tionally approve any proposed development plan. Failure
of the Planning Commission to approve, disapprove, or
conditionally approve any proposed development plan after
sixty (60) days from the date the proposed plan is submitted
to the Commission, shall be deemed an automatic approval
of the proposed development plan on the sixtieth (60th)
day after the proposed plan was submitted to the Planning
Commission.
Appeal: The applicant or the Planning Director may appeal
the decision to withhold, conditionally allow, or allow the
issuance of such permit to the Agency. Within 10 days
from the mailing of the notice of such decision, the appellant
shall file his notice of appeal in duplicate with the
City Clerk, who shall immediately forward one of the
duplicates to the City Administrator. The notice of appeal
shall set forth the grounds relied upon by the appellant.
Within 10 days following the filing of the appeal, the
Agency shall set the matter for hearing and shall give
notice of the time and place for said hearing to the appli-
cant and to the Agency.
The Agency may reverse or affirm wholly or partly, or may
modify any decision or determination or may impose such
conditions as the facts warrant, and its decision or deter-
mination shall be final. Any hearing may be continued from
time to time for a period not to exceed 60 days from the
date on which the hearing was originally set.
7.8 Actions by the City and Community Cooperation
The City shall aid and cooperate with the Agency in carrying out
this Plan and shall take all actions necessary to ensure the
continued fulfillment of this Plan and to prevent the recurrence
or spread in the area of conditions causing blight. Action by the
City shall include, but not be limited to, the following:
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Institution and completion of proceedings for opening,
closing, vacating, widening, or changing the grades of
streets, alleys, and other public rights-of-way, and
for other necessary modifications of the streets, the
street layout, and other public rights-of-way in the
Project Area. Such action by the City shall include
proceedings for the abandonment and relocation by the
public utility companies of their operations in public
rights-of-way as appropriate to carry out this Plan.
2. Institution and completion of proceedings necessary for
changes and improvements in publicly -owned public
utilities within or affecting the Project Area.
3. Revision of zoning within the Project Area where necessary
to permit the land uses and development authorized by
this Plan.
4. Provision for administrative enforcement of this Plan
by the City after development. The City and the Agency
shall develop and provide for enforcement of a program
for continued maintenance by owners of all real property,
both public and private, within the Project Area
throughout the duration of this Plan.
5• Performance of the above, and of all other functions
and services relating to public health, safety, and
physical development normally rendered in accordance
with a schedule which will permit the redevelopment
of the Project Area to be commenced and carried to
completion without unnecessary delays.
6. The undertaking and completing of any other proceedings
necessary to carry out the Project.
7. The City of Costa Mesa may finance activities of the
Agency either through loans or grants. All moneys
expended by the City on behalf of the Agency shall,
unless otherwise established at the time the expenditure
is made, be treated as loans to the Agency which shall
be repaid to the City. Such loans shall be on terms
established by the City and the Agency. The obligation
of the Agency to repay any such loan or any interest
thereon shall be subordinate to any other financial
obligations of the Agency.
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7.9 Property Management
During such time as property, if any, in the Project Area is
owned by the Agency, such property shall be under the management
and control of the Agency. Such property may be rented or leased
by the Agency pending its disposition for redevelopment.
The Agency is authorized, but not required, to make payments to
taxing agencies in lieu of property taxes to make up tax loss
occuring after the date of adoption of the Plan by the City
Council•
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8 ENFORCEMENT
After development, the administrative enforcement of this Plan
or other documents implementing this Plan shall be performed by
the City or the Agency.
The provisions of this Plan or other documents entered into
pursuant to this Plan may also be enforced by court litigation
instituted by either the Agency or the City. Such remedies
may include, but are not limited to, specific performance,
damages, reentry, injunctions, or any other remedies appropriate
to the purposes of this Plan. In addition, any provisions
which are expressly for the benefit of owners of property in
the Project Area may be enforced by such owners or by the
Agency or the City on their behalf.
9 DURATION OF THE REDEVELOPMENT PLAN
Except for the nondiscrimination and nonsegregation provisions
which shall run in perpetuity, the provisions of this Plan shall
be effective and the provisions of other documents formulated
pursuant to this Plan may be made effective for 45 years from
the date of adoption of this Plan by the City Council.
10 PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established
in Sections 33450-33458 of the Redevelopment Law as the same
now exists or as hereafter amended, or by any other procedure
hereafter established by law.
ME
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am a principal clerk of the ORANGE COAST DAILY PILOT,
a newspaper of general circulation, printed and published
in the City of Costa Mesa, County of Orange, State of Col.
Hernia, and I certify that Ordinance No. 73-44
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on Decdmber 31, 1973
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on December 31197 3
at Costa Mesa, California.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -off ido Clerk of the City Council
of the City of Costa Mesa, hereby certify that Ordinance No 73-44 was introduced and con-
sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the
17th day of December , )973_,' and thereafter passed and adopted as a whole
at a regular meeting of said City Council held on the 24th day of December 1972,
by the following roll -call vote:
AYES: COUNCILMEN- Pinkley, Wilson, Raciti
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN- Hammett, Jordan
1 FURTHER CERTIFY that said Ordinance No. 73-44 was published in the ORANGE COAST`
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
31stday of December 1973
TjA:±&an=f:r
City Clerk and a c- fRcio Clerk of the Ci ouncil
of the City of Costa Meao