Loading...
HomeMy WebLinkAboutO.B. 2 TWN CTR REDEV 02-06-89TO: FROM: SUBJECT: HILLIAH HUSTON, CITY RANAGER CHRISTINE SHINGLETON, DIRECTOR OF COIglUNIH DEVELOPHENT RECEIPT OF ADOPTED O~INER PARTICIPATION AND PREFERENCE RULES, THE PROPOSED SECOND ARENDNEHT TO THE ANENDED REDEVELOPHENT PLAN FOR THE TONN CENTER REDEVELOPMENT PRO,]ECT AREA AND THE AGENCY'S REPORT TO CITY COUNCIL ON THE PROPOSED SECOND AHENDHENT RECOHNENDAT[ON It is recommended that the City Council adopt Resolution No. 89-13 receiving the subject documents. BACKGROUND Attached for the City Council's information is the Community Redevelopment - - Agency's Ftnal Report to the -City Council on the proposed Second A~lendment to the Amended Redevelopment Plan for the Town Center Redevelopment Project Area, the proposed Second Amendment and Agency adopted .owner partlclpation and preferred rules. As the Counctl Is aware, .the proposed Amendment has been scheduled for a jotnt public'heartng on February 21, 1989. ' Chrtsttn~-ShingletOn /,/ Dt.rector of Communlt~f~Oevelopment CAS'per Attachments' Resolution No. 89-13 Second Amendment 1 2 RESOLUTION NO. 89-13 RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF TUSTIN RECEIVING .ADOPTED OWNER PARTICIPATION AND PREFERENCES RDLES, PROPOSED SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA AND AGENCY'S REPORT TO CITY COUNCIL ON THE PROPOSED SECOND AMENDMENT WHEREAS, the Community Redevelopment Agency of the City of Tustin has submitted to the City Council .of the. City of Tustin the Adopted Owner Participation and Preferences Rules, and a proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Redevelopment Project Area, accompanied by the Agency's Report to the City Council; and WHEREAS, the City Council acknowledges receipt of the Owner Participation and Preferences Rules, the proposed Second Amendment to the Amended Redevelopment Plan and the accompanying Agency's Report to the City Counci 1. 12 ~3 14 l? 2O 21 22 23 2~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE AS FOLLOWS' SECTION 1. The City Council hereby receives the Adopted Owner Partlclpat. ion and Preferences Rules, in the form attached hereto, the proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Redevelopment Project Area, in the form attached hereto, and also hereby recetves the Redevelopment Agency's Report to the City Council on the proposed Second Amendment to the Amended Redevelopment Plan, In the fbrm attached hereto. PASSED, APPROVED AND ADOPTED this th day of , 1989. ATTEST. ursula E. I ~enned~ Mayor Mary E. Wynn City Clerk APPROVED AS TO FORM' james G~ RoUrke City Attorney SECOND AHENDlqENT 1:o 1:he AHENDED REDEVELOPHENT PLAN fop 'the TONN CENTER AREA REDEVELOPHENT PRO,.1ECT TUSTXN COPIHUN]:TY REDEYELOPHENT AGENCY TUSTTN, CALZFORN'rA ,]une, 1988 Adopted: , 1989 Ordtnance No. Recommended by Planning Commission November 28, 1988 PREFACE Th~' Redevelopment Plan for the Town Center Area Redevelopment Project was approved and adopted by the Tustin City Council on November 22, 1976 by Ordinance No. 701. The Redevelopment Plan has been amended once. On September 8, 1981 the City Council approved the first amendment ("First Amendment") by adoption of Ordinance No. 855 which: 1) increased the average yearly tax increment revenue limit, and 2) increased the amount of bonded indebtedness to be repaid with tax increment revenues that may be outstanding at one time. This second amendment ("Second Amendment") to the Redevelopment Plan for the Town Center Area Redevelopment Project contains 32 amendments changing, deleting and adding language to the Redevelopment Plan as amended by the First Amendment. All such amendments are herein collec- tively Called the Second Amendment.. For 'convenience, and where necessary for clarity, the amendments contained in this Second Amendment show both the current text of the Redevelopment Plan as amended by the First Amendment and the changes, deletions, and/or additions to such text. Words 'to be deleted are lined through, thus: 4~le~e. Words to be added are shown underlined, thus: add. It is intended that upon adoption of this Second Amendment and the subsequent printing of the Redevelopment Plan as amended by the First and Second Amendments, the deleted-words shall be omitted and the added words shall · not be underlined. This Second Amendment does not alter the boundaries of the Project area. 1391.tus/2 080288/dlk S] CONn to the RBDEVBI~PMENT PLAN for the TOWN CENTF~ AREA REDEVELOPMENT PROJECT AMENDMENT NO. 1 That a title page be added to identify the Amended Redevelopment Plan and · to show the name of the Project and the dates and ordinance numbers of the original adoption and of the First Amendment and this Second Amendment. AMEND~ NO. 2 That the first paragraph of Section 100 (INTRODUCTION) be amended to read as follows: "(Section 100) INTRODUCTION "This is the Amended Redevelopment Plan for the Town Center Area Redevelopment Project (the 'Project') in the City of Tustin. (the 'City'), County of Orange, State of California. ~ This. Amended Redevelopment Plan consists of %he text (Sections 100 through 1100). the Redevelopment Plan Map ('Map') attached as Attachment A, and the Legal Description of the Project Area. attached as Attachment' B. This Amended Redevelopment Plan was- prepared by the Redevelopment Agency of the City of Tustin (the 'Agency') pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code, Section ~ 33000 et seq.) the California Constitution, and all applicable laws and ordinances. Wherever the words 'Plan', 'the Plan' or 'this Plan' appear herein, they shall refer to this Redevelopment Plan. Wherever the words 'Map', 'the Map' or 'this Map' appear herein, they refer to the Redevelopment Plan Map:" AMENDMENT NO. 3 That Section 200 be retitled to read as follows, and the following text be added as an introd, uctory paragraph: "(Sec. 200) PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION "The boundary of the Project area is shown on the Redevelopment Plan Map attached as Attachment A, and is described in the Legal Description of the Project Area attached as Attachment B." 1391.TUS/2 080288/dlk AMENDMENT NO. 4 That the first paragraph of Section 301 (General) be amended to read as follows: Providing for participation by owners and ~eeidcr. t~-l~-ese~tl~ persons en~a~ed in business who are l~ated ~ the Project area ~ .... =d~ ~~-~e~ncc; t~ r~~e~~~''~'~= ~- --~--'~---~-~- ~~~-~ee~, consis~nt ~th this P~n and rules adopted b~ the ~ency." AMENDMENT NO. 5 That the headings in Sections 302 and 303 be retitled and the first, second and third paragraphs of Section 303 be amended to read as follows: "(Section 302) Participation by and Preference for Owners and ~em~t~ Business Occupants "(Section 303 ) Opportunities for Owners and -T~nem~ Business Occupants "Persons who are owners of real property in the Project area shah be given the opportunity to participate in redevelopment: (1) by retaining all or a portion of their properties; (2) by acquiring adjacent or other properties in the Project area; or (3) by selling their properties to the' Agency and purchasing other properties in. the Project area, in accordance with this Plan and the Rulc=-icr =C;r~er --~ ~ .... '-~--'~--~ rules for participation adopted by the Agency pursuant to this Plan and the California Community Redevelopment Law. "The Agency shall extend preferences to persons who are engaged in business in the Project area to participate in the redevelopment of the Project area or to reenter into business within the redeveloped area, if they otherwise meet the requirements prescribed in the Plan. The 'Agency shall also extend preferences to etk~ tcr. nnte owners in the Project area to participate in the redevelopment of the Project area or to reenter within the redeveloped area, if they otherwise meet the requirements prescribed "In the event an owner te~% participant fails or refuses to rehabilitate, develop, or use and-maintain its real property pursuant to this Plan and a participation agreement as defined in Section 305, the real property or any interest therein may be acquired by the Agency and sold or leased for rehabilitation or development in accordance with this Plan." AMENDMENT NO. 6 That Section 304 (Rules for Participation Opportunities, Priorities and Preferences) be amended to read as follows: "(Section 304) Rules for Participation Oluluortunities, Priorities and Preferences "In order to provide opportunities to owners and persons en~a~ed in business to' participate in the redevelopment of the Project area, the Agency has promulgated rules for owner and ~eae~t business occupant participation. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and business occupants te, te,%e. Some of the factors to be considered in establishing these priorities and preferences should include participants' length of occupancy in the area, accommodation of as many participants as possible, similarity of land use, and conformity of participants' proposals with the intent and objectives of the Redevelopment Plan and %he any Design 4~c-.-clc~=cr.t rcfc.-,cd Guide adopted pursuant to ~imm-~-ef this Plan. "I~ addition- to opportunities for participation by individual persons and firms, participation shall be available for two or more persons, firms or institutions to join together in partnerships, corporations, or other joint entities. "Participation opportunities shall necessarily be subject to and limited by such factors as: the elimination and changing of some land uses; the construction, widening, or realignment of some streets; the ability of participants to finance acquisition and development or rehabilitation in accordance with the Plan and t4~e a_~nZ Design f~r ...... ~ .... r.t Guide adopted by the Agen__~_~; %he any reduction in the total number of individual parcels in the Project-area; and the construction or expansion of public facilities. "Where there is a conflict between the p_a. rticipation and re- entry preferences provisions of this Plan and the rules adopted by. the .A.~ency, the rules shall ~revail." AMENDMENT NO. 7 That Section 305 (Participation Agreements) be amended to read as follows: . (Section 305) Participation Agreements . ~l~ The Agency may require that, as a condition to particip_a~__e in redevelopment or to obtain a building vermit vursuant to Section 424 hereof, each participant whose proposal is accepted by, the shall 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. 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 pr6visions of this Plan applicable to their properties. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project area." AMENDMENT NO. 8 That the second and third paragraphs of Section 306 (Cooperation with Public Bodies) be amended to read as follows: "The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project area. Any public body which owns or leases property in the Project area will be afforded all the privileges of owner ~n~ t~.n~nt participation ff such public body is willing 'to enter into a participation agreement with the Agency. All plans for development of property in the Project area by a public body shall be subject to Agency approval. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements {within or outside of the Project area) which land, buildings, facilities, structures or other improvements are of benefit to the Project. "The Agency may pay to any sehee~--el/ete/et taxin_~ with territory located within the Project area (other than the Cit. y,) any amounts of money which, in the Agency's determination, are appropriate to alleviate any financial burden or detriment caused to any such ~-~h~t-eliett-iet taxing agency by the Project." AMENDMENT NO. 9 · That the fourth and seventh paragraphs of Section 308 (AcquisitiOn of Real Property) be amended to read as follows: "No eminent domain proceeding to acquire, property within the, Project 'area shall be commenced after twelve (12) years following the effective date of the ordinance aD.roving and. adopting the Second Amendment to this Amended Redevelopment Plan. "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: (i) such building requires structural alteration, improvement, modernization, or rehabilitation; (2) the site, or lot on which the building is situated, requires modification in size, shape, or use; or (3) it is necessary to impose upon such property any of the controls, [imitations, restrictions and requirements of this Plan and &he any Design Guide adopted by the Agency and the owner fails or refuses to participate in this Plan by executing a participation agreement." AMENDMENT NO. 10 That a second paragraph be added to Section 312 (Assistance in Finding Other Locations) to read as follows: "No persons or families of low or moderate income shall be displaced 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." AME~~ NO. 11 · That Section 316 (Public Improvements) be amended to read as follows: "(Section 316) Public Improvements "The Agency is authorized to install and construct or to cause to be installed and constructed the pub[ic improvements, facilities and ~ utilities (within or outside the Project area) necessary to carry out the Plan. Such public improvements, facilities, and ~..L~.-.~.~...~ utilities include, but are not limited to, over and underpasses, bridges, streets, curbs, gutters, Sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, parks, plazas and playgrounds, parking facilities, a~/ landscaped areas, and the public facilities identified in Section 329 of this Amended Plan." AMENDMENT NO. 12 That the first and third paragraphs in Section 320 (General) be amended to read as follows: "For purposes of this Plan the Agency is authorized to sell, lease for a period up to 99 years, exchange; subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. "All real property acquired by' the Agency in the Project area shall be Sold or leased e~_A-L- -'--- '~-- '--'- --'--- fc~---'e~se~--iia-ae~/4~l-, t,ki= Plan. to public or private persons or entities for development for the uses permitted in this Plan. 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. Before any interest in real Droluert~f of the Agency acquired in whole or in pa_r._t,, d}rectl¥ or indirectl_l ~ with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council after public hearing in conformance with Section 33433 of the CommUnity Redevelolument Law. Such interest may' be sold~, leased or otherwise. disposed of for less than fair market value, in accordance with said Section 33433." AMBNDMENT NO. 13 That Section 321 (Disposition to and Development by Participants) be amended to read as follows: "(.Section 321) Disposition to and Development by Participants · "The Agency shall offer .the opportunity to owners to · participate in the purchase and develo{ument of real pro_p_~ accluired by the Agency in accordance with the rules adopted by. the Agency pursuant to Section 304 of this Plan." AMENDMENT NO. 14 That the third paragraph of Section 322 (Disposition and Development Documents) be amended to read as follows: "All property in the Project 'area is hereby subject to the restriction that there shall be no discrimination or segregation based upon sex, race, color, creed, reliKion, marital status, national origin, or ancestry, in the sale, lease, sublease, t/'ansfer, use, occupancy, tenure, or enjoyment of property in the. Project area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project area shall contain such nondiscrimination and non- segregation clauses as are required by law.': AMENDMENT NO. 15 That Section 323 (Development by the Agency or Other Public Bodies or Entities) be amended to read as follows: "(Section 323) Development by the Agency or Other Public Bodies or Entities "To the extent now or hereafter permitted by law, the ~genc7 _ms_y, with the consent of the City Council of the City .of Tustin, Day 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 which is publicly owned either within or outside the Project area,, ff the City Council determines: (1) ths_t such buildings, facilities, structures, or other i~provements are of benefit to the Project area or the immediate neighborhood in which the Project is located, regardless of whether such improvement is within another project area; and (2) that no other reasonable means of financing such building, i, facilities, structures, or other improvements are available to the community. Such determinations by the Agency and City Council shall be final and conclusive. "Specifica!,!y, the Agency may pay all or Dart of the value of the laud for and the cost of the installation and construction of .apy building, facility, structure or other, improvement set forth in Sections 316 and 329 of this Plan. "When the value of such land or the cost of the installation and construction of such building, facility, structure, or other improvement, or both, has been, or will be paid or provided for initially by the City or other public corporation, the Ag.ency___m_a_z enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such l~nd Or all or part 'of the cost of such building, facility, structure, or other improvement, ..or both,, by periodic payments over a period of _years. "The obligation of the .Agency under such contract shall constitute an indebtedness of the Agency for the purpose of car- tying out the redevelopment .project for the Project area, which indebtedness may be made payable out of taxes levied in the Project area and allocated to the Agency under subdivision Section 33670 of the California Redevelopment Law and Section $02 of this Plan, or out of any other available funds. "In a case where such land has been or will be acciuired by, or the cost of the installation and construction of such buildins~, facility,, structure or other .improvement has been paid by, a parking authority, joint powers entity, or other public corporation to provide'a building, facility, structure, or other improvement which has been or will be leased to the City,.. such contract may be made with, ..and such reimbursement may be made l~ayable to, the City. "Before the 'Agency commits'to use the portion of taxes to be allocated and pgid to the Agency l~ursuant to subdivision (b)of Section 33670 for the purpose of paying all or part of the value of the land ,for~ and th~ cost of the installation and construction of, e_ny publicly owned building, other than varking facilities, the City Council .shall hold a public hearing." AMENDMENT NO. 16 That Section 324 (Development Plans) be amended to read as follows: "(Sec. 324) Development Plans "All develolument pla_n_s (whether public or ]urivate) shah be processed in the manner provided by a_~plicable City ordinances, resolutions and Other laws existing now or in the future. All development in the Project area must conform to City and Ag..e_n__cy_ design review procedures, including any Design Guide adolLted by the ,A~ency pursuant to this Plan." AIV~MENT NO. 17 That Section 329 (Construction of Public Facilities) be retitled and amended to read as follows: "(Section 329) Construction of Public Buildings, Structures or Other Improvements Facilities, "The public buildings, facilities, structures or other improvements planned for the 4~;;'n Ccntcz= Dcv~mc.-~t---A~ea, project area, with the exception of public buildings and parking facilities, may be, but shall not necessarily be, located primarily in the public right-of-way. These luublic buildings,, facilities, structures and other improvements may include, but shall not be limited to the following: "A. Street and traffic control improvements on public rights-of- way which may include, but need not be limited to, the E1 Camino Design Area, Ir~ine Boulevard and Newport Avenue. "B. Center island construction on public rights-of-wa7 which may include, but need not be limited to, the E1 'Camino Design Area and Irvine Boulevard. "C. Landscaping, graphics, lighting, 'street furniture, and street improvements, on public rights-of-way which may include~ but need not be limited to, El. Camino Real, Main-Street, Third Street, Second Street and First Street. ~ee~ee~9~m~~~~-aete-ete~et~e. "]~.D Landscaping and recreational facilities in Columbus-Tustin Park. "P.E Acquisition of land and construction of parking areas in such areas as may be determined from time to time by the goverrdng body of the ~ Redevelopment Agency to be reasonable and necessary. "~.F Acquisition of such land and structures for historic preservation and public use in the Plan Project area as may be determined by the governing body of the Redevelopment Agency to be reasonable and necessary from time to time. "H.G Acquisition of land and construction or acquisition of structures for fire service facilities in the Project area. "~.H Transportation facilities. "$.I The public improvements described in the Pr. oject Report for the Town Center Area, a copy of which, is a~--e~s eef~e~e~ee, located in the Agency's offices. Expand and/or renovate existi, n..~ civic center, includ, in c~ hall, ~olice facility, community center and library. "K. Street and Traffic Improvements: 1) Traffic signal (lst St. ~ B St.) 2) Street li~htin~ (v~rious locations) 3) Street widening (Prospect Avenue between 1st Street and Main Street) 4) Utilities undergrounding (various) "L. Water System and Storm Drainage Improvements: 1) Drill and install water walls at: a. 235 E. Main Street b. Future site to be determined 2) Replace undersized water mains at: a. B Street s/o 6th Street b. Prospect Aye between Main and 1st 3) Enlarge existing reservoir (235 E. Main Street) 4) Renovate n~intenance building (235 E. Main Street) or construct new building at City yard 5) Install Amagansett Way storm drain (between Prospect and Acacia) ,tM. 'No Renovation and expansion of senior citizens center (200 S. C Street) Purchase ~nd renovate existing school district administrative _building for recreational programs (300 S. C Street) "0. Major renovation of Peppertree Park (lst and C Streets). "p0 Additional improvements to Columbus Tustin Park (Irvine Boulevard · Prospect Avenue); "1) Phase II: Installation 'of new storm drains; expansion of existing parking lot; construction of new gTmnasium (including new restroom facilities); new picnic area. "2) Phase III: Renovation of existing restroom facilities, sprinkler and drainage systems, tennis courts and ball diamonds. 10 "Q. .Expansion of Tustin Branch Post Office." .- AMENDMENT NO. 18 ' ' .. That Sections 400 through 404 be deleted in their entiraty and the following Sections 400 through 402 be substituted in lieu' thereof: "(Section 400) LAND USES AND DEVELOPMENT REQUIREMENTS "(Section 401) Redevelopment Plan Map and Majo..r.. Project Area Land Uses "The Redevelopment Plan Map attached hereto illustrates the location of the Project area boundary, identifies the major streets within the Project area~ and designates the major land uses authorized within the Project area by the City's current General Plan. The City will from time to time update and revise the General Plan. It is the intention of this Redevelopment Plan that ,the major and other land uses to be permitted within the Project area shall be .as provided within the City's General Plan, as it currently exists or as it may from time to time be amended, and as implemented and applied by City ordinances, resolutions and' other laws. The major land uses authorized within the Project area by the General. Plan are desc.ril~ed below. Other uses may be authorized from time to time by General Plan amendments. "(Section 402) Major Land Uses · "Major'private land uses permitted witi~in the Project area shall include: Residential, Commercial-Retail and Office-Professional. The areas shown on the Redevelopment Plan Map for the foregoing uses may be used for any of the various kinds of uses specified for or permitted within such areas by the General Plan and Cit7 ordinances, resolutions and other laws." AMENDMENT NO. 19 That Sections 405 (public Uses), 406 (Public, Semi-Public, Institutional, Open Space and Non-Profit Uses), 407 {Public Streets., Alleys, Rights-of-Way, Easements, Improvements and Utilities) be renumbered, respectively, as Section's 403, 404 and 405.. AMENDMENT NO. 20 That a new Section 406 be added, to read as follows: ',(Section 406) Conforming Properties "If the owner of proper~ty within the Project area believes the property to be in conformity with this Redevelopment Plan, such owner may app_llr_:to the A_Kenc..y for issuance of a certificate of conformance in accordance with this Section 406. 11 "The - Agency · may, at..its sole and ab'solute discretion, determine that certain real properties within the Project area meet the requirements of this Plan, and the owners of such DroDerties may be permitted to remain as owners of conforming DroDerties without a participation..agreement with the A~:ency, provided such owners continue to operate~ use~ and maintain the real DroDerties within the requirements of this Plan. A certificate of conformance to this effect may be issued by the Agency .and recorded. An owner of a conforming DroDerty,. even after issuance of a certificate of conformance,., may. be required by the Agency tq enter into a DarticiDation agreement with the A~:ency in the event that such owner desires to (1) construct any additional .~mDrovements or substantially alter or modify existing structures on any of the real property described above as conformi..ng~ or i.2..~ acquire additional property within the Project area." AMENDMENT NO. 21 That Sections 408 through 426 be renumbered, respectively, as Sections 407 through 425. That renumbered Section 408 (General'Controls, Limitations, Restrictions and Requirements) be amended to real as follows: "(Section 408) General Controls, Limitations, Restrictions and Requirements "All real property in the Project area is hereby made subject to the controls, limitations, restrictions, and requirements of this Plan and the any Design Guide adopted by the Agency., f~r E ..... ,. ..... (==-l~evie~e~6eetie~-4~q4-ef--th/e-l~ha~)~ and to any other development controls, limitations, restrictions, and requirements which the Agency deems necessary to implement and further this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed or altered after the date of the adoption of the Plan, except in conformance with the provisions of this Plan." AMENDMENT NO. 23 That renumbered 409 (New Construction) be amended to read as follows: "(Section 409) New Construction 'All construction in the Project area shall comply with all applicable State and local iaws in effect from time-to-time, including, without limitation, the Tustin City. Code and Zoning Ordinance. 12 "In addition to applicable ..laws, ord. inances,, or other requirements governing development in the .Project area, additional specific performance and development standards ma}, be adopted by the Agency to control and direct redevelopment activities in the Project area, including property rehabilitation standards adopted to implement Section 325 hereof, and one or more Design Guides adopted pursuant to Section 423 hereof." AMENDMENT NO. 24 That renumbered Section 413 (Density of Dwelling Units) be amended to read as follows: "(section 413) Limitations on the 9em~it-~ Number of Buildings an___d Dwelling Units "The Al~Droximate number of buildings in the Project area shall not exceed 650 buildings. ';Generally new residential development shall be ~ncouraged but. not of a density to exceed 15 units per acre with the exception of housing for the elderly which may exceed that figure if so approved by the Agency and City. The approximate number 13 of dwellin~ units in the Project area shall not exceed 850. dwelli_n_~ units." ~MENT NO. 25 That renumbered Section 417 (Signs) be amended to read as follows: "(Section 417) Signs "On premises signs shall be permitted in the Project area only in conformity with applicable state statutes and' local laws, including, without limitation, the Tustin City Code. Design for all signs shall be submitted prior to installation to the Agency and/or the City for review and approval pursuant to the procedures described in this Plan." A1V[BNDM~qT NO. 27 That renumbered Section 420 (Nondiscrimination and Nonsegregation) be amended to read as follows: "(Section 420) Nondiscrimination and Nonsegregation ' "There shall be no discrimination or segregation based upon sex, race, color* creed, marital status, religion, national origin, or ancestry permitted in the 'sale, lease, sublease, transfer, use, · occupancy, tenure, or er[joyment of property in the Project area." That renumbered Section 423 (Design for Development) be retitled and amended to read as follows: "(Section 423) Design i~-I~vet~l~=c.~t Guide "Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish building height and land coverage limitations and requirements;, setback requirements, design criteria; and si~na~e, landscaping, parking, traffic circulation, traffic access, and other development and design standards necessar~r for proper' development of both private and public areas within the Project area. These be established by the approval of specific developments,, by~ the. adoption of ~eneral restrictions and controls by resolution of the A~ency, or by the adoption of one or more Design Guides pursuant to this Section. "No new improvement shall be constructed and no existinE improvement shall be sub'stantlally modified, altei'ed, repaired, or rehabilitated except in accordance with architectural, landscape, and site plans submitted to and approved in writin~ by. the 14 Executive Director of the A~ency unless allowed pursuant to the procedures of Section 424 hereof. One of the objectives of this P~n is to create an attractive and. pleasant environment in the Project area. Therefore, such plans shall ~ive consideration to good design, open space, and other amenities to enhance the aesthetic and-architectural quality of the Project area. The Agency shall not approve any plans that do not comply with this Plan." AMENDMENT NO. 28 That renumbered Section 424 (Building Permits) and renumbered Section 425 (Review of Applications for Issuance of Permits) be retitled and amended to read as follows: "(Section 424) Building Permits "No permit shall be issued for any work pertaining to the erection, construction, moving, conversion, a~.~teration, or addition to any building, structure, or paving until application for such permit ha_~ been made by the owner or his agent and processed in a manner consistent w/th all City requirements.. "The Agency is authorized to establish permit procedures and approvals in addition to those set forth above where required for the purposes of this Plan. Where such additional procedures and _approvals are established, a building permit shall be issued only. 'after the applicant for the same has been granted all a.~provals required by the City and the Agency at the time of application." AMENDMENT NO. 29 That Section 600 (LIMITATIONS ON FINANCES) be amended to read as follows: "(Section 600) LIMITATIONS ON FINANCES A"" '" '~"' 4 15 The portion of taxes divided and allocated to the Agency oursuant to subdivision (2) of Section 602 above shall not · exceed a cumulative total of $90,000,000, exceot by amend- ment of this Plan. Such limitation is exclusive of: (1) an2' payments to taxin~ a~encies to alleviate financial burden made by the A~enc. y" pursuant to Section 33401 of the Community Redevelopment Law and Section 306 of this Plan; and (2) any funds required by Section 33334.2 of the Community Redevelopment Law to be deposited by the A~ency in a Low 'and 'Moderate Income Housing Fund as a result of such payments to taxin~ a~encies. The Agency shall not establish or incur loans, advances,, or indebtedness to finance in whole or in part the. Project beyond 30 years from the date of adoption of this Plan. Loans, advances, or indebtedness may be repaid over a period of time beyond said time limit. Such time limitation ..may be extended only by amendment of this Plan." AMENDMENT NO. 30 That Section 700 (LIMITATION ON BONDED INDEBTEDNESS) be 'amended to read 'as follows: "(Section 700) LIMITATION ON BONDED INDEBTEDNESS "The amount of bonded indebtedness to be repaid in whole or part from the allocation of taxes described in subdivisions (2_) of Section 502 above which can be outstanding a.t any one time shall 16 not exceed $35,0_00,000 in ~ri.n. cjl~.al.amount,, except b_y amendment of this Plan. Such limitation is exclusive of: 1) any p~ryments to be made from.., such principal amount by the Agency to any tax/ng agency l~ursuant to Section 33401 of the Community Redevelopment' Law and Section 306 of this Plan to alleviate financial burden; and 2) any funds required by Section 33334.2 of the Community Redevelopment Law to be.deposited, by the Agency in a. Low and Moderate Income Housing Fund as a result of such payments to taxing agencies." AKENDMENT NO. 31 That Section 1000 (DURATION OF THIS PLAN) be amended to read as follows: "(Section 1000) DURATION OF THIS PLAN "Except for the non-discrimination and non-segregation 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 thirty (30) years from the effective date of adoption of this Plan by the City Council; provided, however, that the .Agency may issue bonds and incur oblis:ations pursuant to this Plan which extend beyond the termination date, and in' such event~ this Plan shall continue in 'effect for the l~url~ose' of'rel~ayins: such bonds or other - obligations, as determined .by the City Council." AMENDMBNT NO. 32 That the pages of the Amended Redevelopment Plan as amended by the First Amendment and this Second Amendment be renumbered to reflect correct. pagination, · and that a Table of Contents be added to the Amended Redevelopment Plan as amended by the First Amendment and this Second Amendment. 17 DECLARATION PURSUANT TO GOVERNMENT CODE SECTION 7550 This Second Amendment to the amended Redevelopment Plan for the Town Center Area Redevelopment Project is prepared pursuant to an Agreement for Services by and between the Tustin Community Redevelopment Agency and Katz, Hollis, Coren Associates, Inc. dated July 7, 1986, and amended April 24, 1987 and a letter of authorization tssued thereunder, dated June 11, 1987, which letter provides for plan amendment adoption services involving preparation of various documents and the provision of administrative coordination services. Total compensation under the letter of authorization shall not exceed the sum of Thirty-Eight Thousand Ftve Hundred Dollars ($38,500.00), including expenses.