HomeMy WebLinkAboutRDA RDA D.R. AUTHORITY 2-21-84DATE:
February 21, 1984
-DEVELOPMENT AGENCY
Inter - C om
FROH:
$ UBJ ECT:
Honorable Chairman & Members of the Redevelopment Agency
Community Development Department
Design Review Authority of the Redevelopment Agency
Discussion
The Redevelopment'Agency, on several previous occasions has questioned its authority
in accordance with the Town Center Redevelopment Plan, to regulate land usage and
project development standards. This response to the Agency's questions has been
delayed due to the difficulty in interpreting the Redevelopment Plan. The State
Health and Safety codes contain specific details concerning property acquisition and
owners rights, yet are vague relative to land use regulation. Therefore, most cities
have adopted "boiler plate" redevelopment plans which meet the minimum standards of
State law and are intentionally vague to provide maximum flexibility for the Agency.
The City Attorney's office emphatically states that the Agency should not regulate
lahd use which is specifically.the function of the Planning Agency.{Planning
Commission) and City Council. Should the Agency determine certain land uses would
not be compatible within the Redevelopment Project Area, appropriate amendments to
the Zoning Ordinance should be recommended. The primary purpose of Agency review is
to determine project compatibility with the Redevelopment Plan goals and objectives.
Therefore in Staff's opinion, the Agency does have the authority of architectural
review which we appropriately refer to as design review. Attached are sections from
the Town Center Redevelopment Plan which specifically reference your authority.
Director of Community Development
DDL:jh
Attachments
'T ]WNCENTER PRO .CT AREA pi-AN
{Sec. 409) General Controls, Limitations, Restrictions, and
Requirements
All real property in the Pm~ject area is hereby made subject to the
controls, l~witations, restrictions, and requirements of this Plan and the
Design for Developmeht (as provided in Section 424 of this Plan), and to any
other develo~uent controls, 1/m/rations, 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 confozmance
w/th the provisions of %h/s Plan.
1. (Sec. 410) New Construct/on
~1] construction in the Project area shall comply with all applic, hle
State and local laws in effect from ~{me-to-time, including, without ]{m~tation,
the City Municipal Code and Zoning Ordinance.
All setback areas shall be landscaped and maintained by the owner.
Any portion necessary for access shall be paved.
Off-street loading facilities shall be located in a manner to avoid
interference with public use of sidewalks and in conformance with the City
Zoning Ordinance. Such off-street loading facilities shall be located at
such a depth within an enclosea area as to reasonably contain and/or restrict
the ,m{ssion of noise and light typically associated with the function of
Such facilities.~ Off-street loa~{ng facilities must also be screened by
landscaping to the extent and in the manner requ/red by the Agency.
The Agency shall establish Setback, off-street parkinq, and off-street .
loa4ing requirements for all new development within the Project area, which
requ/rements may exceed but not be less. than the requirements of the City
Zoning Ordinance.
No new improvement shall be constructed and no existing improvement
shall be substantially mod/fled, altered, repaired, or reh~hilitated except
in accordance with architectural, landscape, and site plans $%tbmitted to
~nd approved in writing by the Agency. One of the objectives of this Plan is
to create, an attractive and pleasant -~vironment in the Project area. There-
fore, such plans shall give consideration to good design, open space, and
other amenities to enhance the aesthetic quality of the Project area. The
Agency shall not approve any plans that do not cu~ly with this Plan.
2. (Sec. 411) Existing Nonconforming Use=:.
The Agency is authorized to permit an existing use to remain in an
existing building, which use does not conform to the provisions of this Plan,
provided that such use is determined by the Agency to be generally compaeible
with the development and uses in the Project area. The owner of such a
~roperty must be willing to enter into a participation agreement and agree
to the imposition of such reasonable restrictions as are necessary to protect
the developmen~ and use of the Project area.
-17-
(Sec. 424) Design for Development
Within the requirements, limits, restrictions, ad controls
established in th/s Plan, the Agency is authorized to establish building
height and land' coverage limitations and requirements: s~thack requirements~
design .criteria~ and traffic c/rculation, traffic access, and other development
and design standards necessary for proper development of specific areas
within the Project.
(Sec. 425) Building Permits
(Sec. 426) Review of Applications for Issuance of
Permits
No permit shall be issued for the construct/on of any new building
or for any construction on an existing building in the Project area from
the date of adoption of this Plan until the application for such permit
has been processed in the manner herein provided. Any such permit that is
issued must be in conformance with the provisions of this Plan. Review
of all p~rmits shall be in a manner as provided for by the City in the
applicable City Ordinance.
-20-