HomeMy WebLinkAboutPlanning Comm Rpts./1998/05/27
AGENDA
CITY PLANNING COMMISSION
Chula Vista, California
7:00 p.m.
Wednesday. Mav 27. 1998
Council Chambers
Public Services Building
276 Fourth Avenue. Chula Vista
CALL TO ORDER
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commission's jurisdiction but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes.
1.
PUBLIC HEARING:
GP A-98-03; Amending the General Plan Land Use Element
to include "Mixed Land Use Designation Area" text
including property in the Chula Vista Bayfront in
conjunction with Amendment No. 5 to the Bayfront
Redevelopment Plan
2. Update on Council Items.
DIRECTOR'S REPORT:
COMMISSIONER COMMENTS:
ADJOURNMENT:
p.m. to the regularly scheduled meeting of June 10, 1998
at 7:00 p.m.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista. in complying witlt tlte Americans witlt Disabilities Act (ADA), requests
individuals who may require special accommodations to access, attend, and/or participate in a City
meeting, activity. or service to request such accommodation at leastfarty-eight hours in advance for
meetings and five days in advance for scheduled services and activities, Please contact Diana Argas
for specific information at (619) 691-5101 or Telecommunications Devices for tlte Deaf (TDD) (619)
585-5647, California Relay Service is available for tlte hearing impaired,
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: May 27,1998
ITEM TITLE:
A. PUBLIC HEARING: GPA-98-03 AMENDING THE GENERAL PLAN LAND USE ELEMENT TO
INCLUDE "MIXED LAND USE DESIGNATION AREA" TEXT INCLUDING PROPERTY IN THE
CHULA VISTA BAYFRONT IN CONJUNCTION WITH AMENDMENT NO. 5 TO THE
BA YFRONT REDEVELOPMENT PLAN
B. PLANNING COMMISSION RESOLUTION NO. _ MAKING ITS REPORT AND
RECOMMENDATION CONCERNING CERTIFICATION OF EIR 98-2, ADOPTION OF FINDINGS
OF FACT RELATING TO THE FEASIBILITY OF MITIGATION MEASURES, ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM, AND AMENDING THE GENERAL
PLAN LAND USE DESIGNATION FOR THE TIDELANDS PROPERTY LOCATED GENERALLY
NORTH OF "J" STREET, SOUTH OF "G" STREET AND WEST OF THE MEAN HIGH TIDE LINE
FROM OPEN SPACE, PARK, RESEARCH & LIMITED MANUFACTURING, VISITOR
COMMERCIAL AND GENERAL INDUSTRIAL TO MIXED LAND USE
C, PLANNING COMMISSION RESOLUTION NO. MAKING ITS REPORT AND
RECOMMENDATION TO THE CITY COUNCIL/REDEVELOPMENT AGENCY CONCERNING THE
PROPOSED REDEVELOPMENT PLAN AMENDMENT NO. 5 FOR THE BAYFRONT
REDEVELOPMENT PROJECT IN ITS CONFORMITY TO THE CITY'S GENERAL PLAN
D, PLANNING COMMISSION RESOLUTION NO, MAKING ITS REPORT AND
RECOMMENDATION TO THE CITY COUNCIL/REDEVELOPMENT AGENCY CONCERNING THE
PROPOSED REDEVELOPMENT PLAN AMENDMENT NO. 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECT IN ITS CONFORMITY TO THE CITY'S GENERAL PLAN
BACKGROUND:
Approximately one year ago. the Redevelopment Agency requested that staff proceed with
amendments to the Bayfront and Town Centre I Redevelopment Plans to address time limitations
that currently impede the Agency from removing blight and completing the redevelopment
program in both Project Areas. In addition, the Agency desired to amend the Bayfront
Redevelopment Plan to add approximately 389 acres (145 acres of land area) of Port District
tidelands to the Bayfront Project Area and to modify the existing Bayfront Redevelopment Plan land
use policies to correlate with the Chula Vista certified Local Coastal Program and the City's
General Plan.
The redevelopment plan amendment process involves a series of steps that will lead to formal
consideration of the proposed amendments by the Council and Agency at a joint public hearing in
June of this year. On July 23, 1997, the Planning Commission approved Preliminary Plans for
Amendment No.5 to the Bayfront and Town Centre J Redevelopment Plans which initiated the
Page No.2, Item: _
Meeting Date: May 27,1998
redevelopment plan amendment proceedings. And, on April 21, 1998, the Chula Vista
Redevelopment Agency authorized staff to submit both of the proposed Redevelopment Plan
Amendments to the Planning Commission for a report and recommendation.
In accordance with the California Community Redevelopment Law, the Planning Commission must
issue a report and recommendation on proposed redevelopment amendments and make a finding
of conformity to the City's General Plan before the amendment can be submitted to the City
Council and Redevelopment Agency for final action,
A copy of the proposed redevelopment plan amendments and an associated General Plan
Amendment are attached to the respective resolutions for the Commission's consideration. Also,
a Program EIR was prepared for the proposed actions in accordance with CEQA, as well as a
Mitigation Monitoring and Reporting Program and candidate Findings of Fact related to the
significant environmental impacts of the project.
RECOMMENDATION:
That the Planning Commission open the public hearing, take testimony, and close the public
hearing and adopt resolutions:
1) recommending that the City Council certify EIR-9S-2, adopting the Findings of Fact Relating
to the Feasibility of Mitigation Measures, adopting a Mitigation Monitoring and Reporting
Program; and amending the General Plan land use designation for the Tidelands property
located generally north of "J" Street, south of "G" Street and west of the Mean High Tide
Line from Open Space, Park, Research & Limited Manufacturing, Visitor Commercial, and
General Industrial to Mixed Land Use; and,
2) making its report and recommendation to the City Council/Redevelopment Agency concerning
the proposed Redevelopment Plan Amendment No.5 for the Bayfront Redevelopment Project
in its conformity to the City's General Plan;
3) making its report and recommendation to the City Council/Redevelopment Agency concerning
the proposed Redevelopment Plan Amendment NO.5 for the Town Centre I Redevelopment
Project in its conformity to the City's General Plan,
DISCUSSION:
Environmental Impacts
The proposed redevelopment plan amendments have the potential to result in physical impacts on
the environment only in the 145 acres of additional territory (Tidelands) to be added to the
Bayfront Redevelopment Project Area. The Final Program EIR, therefore, addresses only those
environmental impacts associated with application of redevelopment tools to develop or redevelop
property within the tidelands, Additionally, the proposed amendment to the Bayfront
Redevelopment Plan to include this area does not propose any changes in land use,
Page No.3, Item: _
Meeting Date: May 27,1998
The EIR provides a program-level analysis of the potential environmental impacts associated with
future "worst-case" development of the parcels within the Tidelands (added area). The worst-case
development scenario assumes development of the entire area at the maximum intensities allowed
by existing land use controls. The governing land use control in this area is the Port Master Plan.
The Redevelopment Plan has been prepared to be consistent with the existing Port Master Plan.
Significant impacts were identified in the areas of soils/geology, drainage/erosion, water quality,
flooding, air quality, noise, transportation and circulation, biological resources, public services, and
hazardous materials. All impacts that were identified as significant have mitigation measures
identified which reduce the impacts to a less than significant level.
General Plan Amendment
Although the San Diego Unified Port District has land use authority over the tidelands, the City of
Chula Vista's General Plan underlies the Port District Master Plan, In 1997, the Port District
amended their Master Plan to allow a mix of land uses within the 145 acres of tidelands proposed
to be added to the Chula Vista Bayfront Redevelopment Project. City staff has reviewed the
Master Plan and to ensure consistency with the City's General Plan for the proposed
Redevelopment Area expansion an amendment to the Land Use Element and Land Use Diagram
of the General Plan is proposed. The present land use designations for the added area include
Open Space; Parks and Recreation; Visitor Commercial; Research and Limited Manufacturing
Industrial; and General Industrial. (See Attachment 1.)
Added flexibility is being proposed for land uses within the Redevelopment Area expansion by
amending the Land Use Element text and Diagram to include the area (Tidelands property) as a
"Mixed Land Use" designation, (See Attachment 2.) Additionally. minor amendments to the text
of the Land Use Element that differentiate between "Mixed Land Use Overlay Designations" and
"Mixed Land Use Designation Areas" are proposed. This distinction is slight and identifies overlays
for specific geographic locations where existing land use designations are identified, and
designated areas where the General Plan text describes a specific mix of land uses that are to be
implemented through the adoption of a General Development Plan, Specific Plan or equivalent
master plan. Land Use compatibility will be assured while permitting maximum flexibility in
establishing and implementing the Redevelopment Area Plan.
The Redevelopment Area added area is proposed to be designated as a "Mixed Land Use Area"
on the Land Use Diagram. The proposed mix of land uses identified for the added area include
industrial; commercial; professional; business service; recreation uses and facilities; hotels;
restaurants; integrated meeting and conference space; specialized retail commercial; and business-
professional office uses in a campus setting, This is consistent with the planned land uses
identified in the Port-District Master Plan and will ensure consistency with the City's General Plan.
RedeveloDment Plan Amendments
Despite the Agency's best efforts to date, much of the Bayfront and Town Centre I Redevelopment
Project Areas continue to suffer from blighted conditions that cannot be alleviated without Agency
assistance through the tools of redevelopment. In addition, the presence of many serious blighting
Page No.4, Item: _
Meeting Date: May 27,1998
conditions in the proposed added territory of the Bayfront Project Area require a proactive,
coordinated redevelopment effort between the Agency and the Port District to
encourage development. The proposed amendments provide the Agency with the legal and
financial tools necessary to encourage economic development, eliminate blight, and correct
infrastructure deficiencies in both Project Areas.
Bavfront RedeveloDment Plan Amendment
The existing Bayfront Project Area is located on the west side of the City and is generally bounded
by Interstate-5 to the east, the City limits to the north, "L" Street to the south, and Port District
tidelands and a portion of San Diego Bay to the west (See Attachment 3 - Original Area), The
existing Project Area is 637 acres in size and constitutes approximately 2.0% of the total area of
the City. The current primary existing land uses within the Project are industrial and commercial.
As proposed, the added Area will incorporate the Port District's tidelands into the existing Project
and extend the Project Area boundaries to the San Diego Bay. The added Area is bound by the
existing Bayfront Project Area on the east and north, the San Diego bay to the south, and the
Combined U.S. Pierhead and Bulkhead Une to the west (See Attachment 3 - Added Area). The
added Area encompasses approximately 398 acres (145 acres of land area) or 1.2% of the City,
If the Redevelopment Plan Amendment is adopted. the Bayfront Project Area will be comprised of
1.035 acres (inclusive of both the existing and added area).
Primary purposes of the Bayfront Amendment is to: 1) replace the existing Redevelopment Plan's
outdated land use provisions that inhibit the Agency from undertaking new projects and programs
and to extend time limitations within the existing Project Area AND, 2) to allow redevelopment
tools to assist with the elimination of blight and coordination of economic development
opportunities within the Tidelands in the added area.
As stated in the proposed amendment and in the attached resolution. the permitted uses, public
uses, and general land use controls and limitations are identical to those found in the City's
General Plan (as well as Title 19 of the Chula Vista Municipal Code, the Local Coastal Program,
the Port District's Master Plan, and all other state and local building codes, guidelines, or specific
plans) as they exist today or are hereafter amended. Because the Bayfront Redevelopment Plan's
land use controls incorporate by reference the General Plan, the proposed Bayfront Amendment
conforms to the General Plan.
These proposed amendments are described below:
Existing Area
. Establish a new 12-year time period to commence eminent domain activities: The Existing
Plan's time limit to commence eminent domain proceedings will expire on May 22, 1998.
Since the Original Plan was adopted in 1974, the Agency has had the ability to acquire
property by eminent domain. Although it has been sparingly used, eminent domain authority
has been a necessary adjunct to land acquisition negotiations. In order for the Agency to
continue to effectively implement projects involving land assembly, an extension on the time
limit on eminent domain authority will be necessary. The Amendment would establish a new
Page No.5, Item: _
Meeting Date: May 27,1998
12-year time frame within which the Agency may employ. as a last resort, eminent domain
in the Existing Area to acquire property to implement the Plan.
. Extend time frame to incur debt from July 1999 to January 2004: The Existing Plan prohibits
the Agency from incurring debt after July 16, 1999. After this deadline has been reached,
the Agency may only collect tax increment revenue to payoff preexisting indebtedness.
Incurring additional debt will be necessary to initiate any new redevelopment projects or
programs funded from future tax increment revenues. Under Subsection 33333.6(a) of the
Law, the Plan's time limit on incurring debt may be the 1iItw: of 20 years after adoption of the
Original Plan (or July 16, 1994), or January 1, 2004, The Amendment would extend the
Existing Plan's time limit on incurring Existing Area debt to January 1, 2004, as prescribed
by Subsection 33333.6(a) of the law.
. Extend effect/veness of Existing Plan from July 1999 to July 2014: the existing Plan's 25-
year duration that is less than the 40-year duration permitted by Subsection 33333.6(b) of
the Law. Under the Existing Plan, with the exception of collecting tax increment and
repaying indebtedness, all redevelopment activities, including enforcement of land use
controls and completion of projects, must cease by July 1999. Extending the Existing Plan's
effectiveness will enable the Agency to continue an active redevelopment program in the
Existing Area for an additional 15 years, as permitted by Law.
. Extend time period to collect tax increment revenue from July 2011 to July 2024:
Subsection 33333,6(c) of the Law provides that redevelopment agencies may collect tax
increment revenue for 10 years after a redevelopment plan's effectiveness has expired. In
conjunction with the proposed Amendment's extension of the effectiveness of the Existing
plan to July 2014, the Amendment would also extend the time limit on the collection of tax
increment revenue to ten years beyond the July 2016 effectiveness limit, or to July 2024.
. Update Statement of Basic Objectives, General land Use Plan, and Controls for Consistency:
The Existing Plan features land use provisions and redevelopment actions that are
inconsistent with the City's land use policy documents, such as the General Plan, Zoning
Ordinance (Title 19 of the Chula Vista municipal code, the Local Coastal Program, and the
documents to set and guide land use policy in the Project Area, it is important that the Plan
also reflect these policies. In order to better respond to the redevelopment needs more
effectively, the Amendment would replace the Existing Plan's Statement of Basic Objectives,
General Land Use Plan, and Controls with language that incorporates the city's and Port
District's land use documents, as they now exist. or are hereafter amended.
Added Area
To facilitate the redevelopment of Port District tidelands, the Amendment will increase the size of
the Bayfront Project Area by approximately 398 acres (145 acres of land area) by incorporating
the Added Area. Redevelopment is necessary in the Added Area to mitigate a variety of physical
and economic conditions that have contributed to the lack of proper utilization of Port District
tidelands in Chula Vista relative to other tidelands in national City, San Diego, and Coronado,
These physical and economic conditions include: excessive vacant lots, low lease rates, inadequate
public infrastructure, incompatible uses. and suspected hazardous contamination. The Plan would
--.__.~.~-
Page No.6, Item: _
Meeting Date: May 27, 1998
permit the Agency to embark on a comprehensive redevelopment program in the Added Area by
mitigating these conditions to facilitate viable redevelopment activities.
The Port District will maintain land use control over the tidelands area and eminent domain
authority will not be adopted in the added area. Essentially, the amendment will allow the financial
aspects of redevelopment to assist in the redevelopment of the added area,
Town Centre I Redevelopment Plan Amendment
The Town Centre Project Area is located in the City's historic downtown along Third Avenue. The
Project Area is generally bounded by E Street to the north, I Street to the south. Del Mar Avenue
to the east, and Fourth Avenue to the west (See Attachment 4). The Project Area is 138.54 acres
in size, and constitutes approximately 0.4% of the total area of the City. The primary land uses
within the Project Area are commercial, public, and residential.
The Town Centre I Redevelopment Plan Amendment involves only the modification of time limits
within the existing Redevelopment Plan. The Amendment will JJQ1 propose to alter any of the
existing Redevelopment Plan's land use controls or building standards. Since the Town Centre I
Amendment does not affect land use policies of the General Plan, it is in conformance with the
General Plan.
The Amendment will adjust four specific time limitations within the Existing plan necessary to
correct blight in the Project Area. These four elements are:
. Establish a new 12-vear time period to commence eminent domain activities: The Existing
Plan's time limit to commence eminent domain proceedings will expire on May 22, 1998.
Since the Original Plan was adopted in 1976, the Agency has had the ability to acquire
property by eminent domain. Although it has been sparingly used, eminent domain
authority has been a necessary adjunct to land acquisition negotiations. In order for the
Agency to continue to effectively implement projects involving land assembly, an extension
on the time limit on eminent domain authority will be necessary. The Amendment would
establish a new 1 2-year time frame within which the Agency may employ, as a last resort,
eminent domain to acquire property to implement the Plan.
. Extend time frame to incur debt from Julv 2001 to Januarv 2004: The Existing prohibits
the Agency from incurring debt after July 6, 2001. After this deadline has been reached,
the Agency may only collect tax increment revenue to payoff preexisting indebtedness,
Incurring additional debt will be necessary to initiate any new redevelopment projects or
programs funded from future tax increment revenues, Under Subsection 33333.6(a) of the
Law, the Plan's time limit on incurring debt may be the l.a1w:. of 20 years after adoption of
the Original Plan (or July 6, 1996), or January 1, 2004. The Amendment would extend
the Existing Plan's time limit on incurring debt to January 1, 2004, as prescribed by
Subsection 33333.6(a) of the Law.
. Extend effectiveness of Existina Plan from Julv 2001 to July 2016: The Existing Plan's 25-
year duration that is less than the 40-year duration permitted by Subsection 33333.6(b)
of the law. Under the Existing Plan, with the exception of collecting tax increment and
Page No.7, Item: _
Meeting Date: May 27, 1998
repaying indebtedness, all redevelopment activities, including enforcement of land use
controls and completion of projects, must cease by July 2001. Extending the Existing
Plan's effectiveness will enable the Agency to continue an active redevelopment program
for an additional 15 years, as permitted by Law.
. Extend time Deriod to collect tax increment revenue from Julv 2001 to Julv 2026:
Subsection 33333.6(c) of the Law provides that redevelopment agencies may collect tax
increment revenue for 10 years after a redevelopment plan's effectiveness has expired,
In conjunction with proposed Amendment's extension of the effectiveness of the Existing
Plan to July 2016, the Amendment would also extend the time limit on the collection of
tax increment revenue to ten years beyond the July 2016 effectiveness limit, or to July
2026.
[h:\home\commdev\rdamend\pcreport]
'-'---'---~.-
MEAN HIGH TIDE LINE
PROPOSED
"MIXED LAND USE"
AREA
SAN DIEGO
BAY
RESIDENTIAL
LOW MEDIUM
"J"
S1R\O\01
GENERAL PLAN LAND USE
-
~
[Z]
~
~
~
I~-"]
D
5Cl
TS
RESIDENTIAL
MEDIUM
VISITOR COMMERCIAL
RETAIL COMMERCIAL
THOROUGHFARE COMMERCIAL
PROFESSIONAL & ADMINISTRATIVE
COMMERCIAL
GENERAL INDUSTRIAL
RESEARCH & LIMITED
MANUFACTURING
PARKS
OPEN SPACE
PUBLIC & QUASI PUBLIC
TROLLEY STATION
CITY OF CHULA VISTA
GENERAL PLAN LAND USE
DESIGNATIONS
C!)
NORTH
ATTACHMENT 1
ATTACHMENT 2
Amend Chapter 4, Land Use Element, as follows:
4.5 MIXED LAND USE OVERLAYSIDESIGNATIONS
Land use requirements of specified districts are designated through.mi.x!:!J land use overlays ill
desillnations and further defined as follows. An overlay is applied where underlyin~ land use
designations exist.
Mixed Land Use OverllQ' Areas
A mixture of specified land uses is encouraged, by use of precise planning, in the following
overlay areas of the general plan in order to further the city's objectives. An overlay is applied
where underlyi~ land use desi~ations exist.
1. Areas surrounding Town Centre 1. Either Residential or Professional and Administrative
Office uses or a mixture of both are encouraged in this area, in order to foster urbanity,
townness, and an active support for retail uses on Third A venue. These areas are further
defined in the Chula Vista Area Plan, Chapter 10.
2. castellI Urban Center in the vicinity of the intersection of proposed State Route 125 and
Orange Avenue. This area is desiguated for regional retail, professivnal and ailihlll..istrative
offices, and medium high and high d.::nsity residential. A plan shall be developed
eneompasslllg the entire site and related to the adjaccnt uses. This area is further discussed
in the LastefIl Te,,;torics Area Nan, Chapta 14. (Moved to following section)
2~. Areas in proximity to the San Diego Trolley Station at E, H and Palomar Streets. A
mixture of land uses are recommended for these areas functionally linked to the transit
facilities in the most effective manner possible.
;i4. Areas adjacent to Broadway between Flower Street on the north and I Street on the south.
This area is further discussed in Chapter 10, Section 5.4.
45. Areas south of Orange Avenue and adjacent to the OTC site. These areas are intended to
be developed as a Community Activity Center to complement the OTC facility. They are
intended to have a unique, village character, influenced by their proximity to the training
center. Potential uses include: residential, visitor serving, retail and office commercial;
and, public/quasi-public.
.5.6 Village Cores on the Otay Ranch Plan. These areas include a mixture of residential,
commercial, educational, and community serving uses, plarmed and designed as a closely
integrated whole. The residential densities within the Village Core are intended to be
Residential Medium-High (11-18 du/ac). The village cores will serve as focal points for
"villages", (as defined under the Residential Low-Medium (Village) plan designation), and
~.~---"-
shall be designed to encourage mass transit and non-automotive forms of transportation.
Village cores are not intended to serve regional or city-wide needs, and shall not be
bisected by or physically oriented toward prime arterials or major streets as identified in
the Circulation Element.
Mixed Land Use Designation Areas
A mixture of specified land uses are desi~nated in the followini areas as a result of unique
physical site characteristics or land use relationships depicted on the Land Use Dia~ram (Fi~re
1-2) of the General Plan. Jmplementation of these mixed land use desi~nations are anticipated
throu~h the adoption of a General Development Plan. Specific Plan or equivelent master plan.
.L. Eastern Urban Center in the vicinity of the intersection of proposed State Route 125 and
O~e Avenue. This area is desiinated for reiional retail. professional and administrative
offices. and medium high and hiih density residential. A plan shall be developed
encompassiT\i the entire site and related to the adjacent uses. This area is further discussed
in theEastern Territories Area Plan. CI1'IPter 14. (Moved from prior section)
2. Specialty Conference Center on the Otay Ranch. This area consists of the existing Birch
Patrick Estate House and is intended to be used privately and publicly as a conference
center/community center.
1. Tidelands property in the Chula Vista bayfront area. A mixture of land uses are
recommended on Port District-controlled tideland property bounded ~enerally on the north
by G Street. on the south by J Street. on the west by the San Dieio Bay. and on the east
by the mean hiih tide line. To provide flexibility in master planni'W this unique area. a
broad ran~e of land uses are envisioned includin~ industrial. commercial. professional.
business service, and recreation uses and facilities. In addition. Iwtels. restaurants.
inte~rated meetiT\i and conference space. specialized retail commercial. and business-
professional office uses would be allowed in a call1Pus setti'W. To ensure c0111Patibility
and continuity of land uses the City shall coordinate with the Port District on master
planni'W efforts for this area.
(H:\HOME\PLANNING\DUANE\MIXED2.GPA)
-'
..
~
. NORTH
ATTACHMENT 3
Bayfront Redevelopment Project Area Map
, . .
I~J.!!t~1
R 0 S E NOW S P E V ACE K G R 0 U pIN C,
\
~
"
\'
ATTACHMENT 4
Town Centre I Redevelopment Project Area Map
I~~I
".
R 0 S E NOW S P E v A C "K G R 0 U pIN C.
RESOLUTION NO. GPA-98-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
AMEND THE GENERAL PLAN DESIGNATION FOR THE
TIDELANDS PROPERTY LOCATED GENERALLY NORTH
OF "H" STREET, SOUTH OF "G" STREET AND WEST OF
THE MEAN HIGH TIDE LINE FROM OPEN SPACE, PARK,
RESEARCH & LIMITED MANUFACTURING, VISITOR
COMMERCIAL AND GENERAL INDUSTRIAL TO MIXED
LAND USE
WHEREAS, the City of Chula Vista initiated an amendment to the General Plan
(GPA-98-03) for approximately 145 acres located generally north of "J" Street, south of "G"
Street and west of the Mean High Tide Line; and
WHEREAS, the General Plan designations are proposed to change from Open
Space, Park, Research & Limited Manufacturing, Visitor Commercial and General
Industrial to Mixed Land Use; and
WHEREAS, said amendment would provide consistency between the Port District
Master Plan and the General Plan for this area; and
WHEREAS, the Planning Commission et the time and place for a hearing on said
General Plan Amendment and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the city and its mailing to property
owners within 500 feet of the exterior boundaries of the property at least ten days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00
p.m. May 27, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, a Program EIR (EIR-98-2) was prepared for the proposed actions in
accordance with CEQA, as well as a Mitigation Monitoring and Reporting Program and
candidate Findings of Fact related to the significant environmental impacts of the project
and the Planning Commission has reviewed and considered EIR-98-2, the Mitigation
Monitoring and Reporting Program and candidate Findings of Fact.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the General Plan Amendment
is internally consistent and shall remain intemally consistent with the City of Chula Vista
General Plan and that the public necessity, convenience, general welfare and good zoning
practice support the change in the land use designation from Open Space, Park, Research
& Limited Manufacturing, General Industrial and Visitor Commercial to Mixed Land Use.
Resolution No. GPA-98-03
Page No.2
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt Resolution No. GPA-98-03 recommending that the City Council
certify EIR-9a-2, adopting the Findings of Fact Relating to the Feasibility of Mitigation
Measures, adopting a Mitigation Monitoring and Reporting Program; and amending the
General Plan land use designation for the Tidelands property located generally north of "J"
Street, south of "G" Street and west of the Mean High Tide Line from Open Space, Park,
Research & Limited Manufacturing, Visitor Commercial, and General Industrial to Mixed
Land Use.
And that a copy of this resolution be transmitted to the owners of the property and
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 27th day of May 1998 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
H:\HOMf',COMMDEVlRDAMENDUI603PC.RES May 21, 1998
.~_.~_._~-
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
MAKING ITS REPORT AND RECOMMENDATION TO THE CITY COUNCIL
AND/REDEVELOPMENT AGENCY CONCERNING THE PROPOSED
REDEVELOPMENT PLAN AMENDMENT NO. 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECT AND ITS CONFORMITY TO THE CITY'S GENERAL
PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1691 on July 6, 1976, approving and establishing the Redevelopment Plan for the
Town Centre I Redevelopment Project ("Project"), and the City Council has since amended said
Redevelopment Plan on July 17. 1979 by Ordinance No. 1872, on April 22.1986 by Ordinance
No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance
No. 2609; and,
WHEREAS, the Planning Commission did approve a Preliminary Plan on July 23,
1997, which initiated the preparation of a fifth amendment to the Redevelopment Plan for the
Town Centre I Redevelopment Project ("Amendment"); and,
WHEREAS, Section 33346 of the California Community Redevelopment Law
("Law") provides that before the proposed Amendment is submitted to the City Council for
consideration, it shall first be submitted to the Planning Commission for its report and
recommendation concerning the Amendment and its conformity to the City's General Plan; and
WHEREAS, Section 65402 of the Government Code provides in part:
"If a general plan or part thereof has been adopted, no real property shall be
acquired by dedication or otherwise for street, square, park, or other public
purposes, and no real property shall be disposed of, no street shall be vacated
or abandoned, and no public building shall be constructed or authorized, if the
adopted general plan or part thereof applies thereto, until the location, purpose
and extent of such acquisition or disposition, such street vacation or
abandonment, or such public building or structure have been submitted to and
reported upon by the planning agency as to conformity with said adopted
general plan or part thereof...
A local agency shall not acquire real property for any of the purposes specified in
paragraph (a) nor dispose of any real property, nor construct or authorize a
public building or structure, in any county or city, if such county or city has
adopted a general plan or part thereof is applicable thereto, until the location,
purpose and extent of such acquisition, disposition, or such public building or
structure have been submitted to and reported upon by the planning agency
having jurisdiction, as to conformity with said adopted general plan or part
thereof... "; and
WHEREAS, the Planning Commission has received and reviewed the Amendment
in the form attached here to as Exhibit "A"; and,
WHEREAS, the Amendment does not propose to alter the Town Centre I
Redevelopment Plan's land use controls, permitted uses, public uses, interim uses, and general
land use controls and limitations.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning
Commission hereby:
Reports, finds, and determines that the Amendment No.5 to the Town Centre I
Redevelopment Plan conforms to the General Plan.
Recommends that the City Council and Agency adopt the Amendment.
Finds and determines, pursuant to Section 65402 of the Government Code, that
the location, purpose and extent of any acquisition or disposition of real
property for street, square, park, or other public purpose by the Agency for the
purpose of carrying out the Redevelopment Plan conforms to the General Plan
of the City.
Authorizes and directs the officers, employees, staff, consultants and attorneys for
the Planning Commission to take any and all actions that may be necessary to
effectuate the purposes of this resolution or which are appropriate or desirable
in the circumstances. In the event that prior to the adoption of the
Amendment, the Agency or City Council desire to make any minor, technical,
or clarifying changes to the Amendment, the Planning Commission hereby finds
and determines that any such minor, technical, or clarifying changes need not
be referred to it for further report and recommendation.
This Resolution shall constitute the report and recommendation of the Planning
Commission on the Amended Redevelopment Plan to the Agency and City
Council pursuant to Section 33346 of the Law.
PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING
COMMISSION this _ day of , 1998 by the following vote to-wit.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Chairperson
Secretary
H:\Home\CommDev\RDAmend\tcreso
--'--' .._-----.._--~,-._-_.__._---.-
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION MAKING
ITS REPORT AND RECOMMENDATION TO THE CITY COUNCIL/REDEVELOPMENT
AGENCY CONCERNING THE PROPOSED REDEVELOPMENT PLAN AMENDMENT
NO.5 FOR THE BAYFRONT REDEVELOPMENT PROJECT AND ITS CONFORMITY
TO THE CITY'S GENERAL PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the
Bayfront Redevelopment Project ("Project"), and the City Council has since amended said
Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No.
2146, on January 4, 1994 by Ordinance No, 2585, and on November 8, 1994 by Ordinance No.
2608; and,
WHEREAS, the Planning Commission did approve a Preliminary Plan on July 23, 1997,
which initiated the preparation of a fifth amendment to the Redevelopment Plan for the Bayfront
Redevelopment Project ("Amendment"); and,
WHEREAS, Section 33346 of the California Community Redevelopment Law ("Law")
provides that before the proposed Amendment is submitted to the City Council for consideration, it
shall first be submitted to the Planning Commission for its report and recommendation concerning the
Amendment and its conformity to the City's General Plan; and
WHEREAS, Section 65402 of the Government Code provides in part:
"If a general plan or part thereof has been adopted, no real property shall be acquired
by dedication or otherwise for street. square, park, or other public purposes. and
no real property shall be disposed of, no street shall be vacated or abandoned, and
no public building shall be constructed or authorized, if the adopted general plan
or part thereof applies thereto. until the location, purpose and extent of such
acquisition or disposition, such street vacation or abandonment, or such public
building or structure have been submitted to and reported upon by the planning
agency as to conformity with said adopted general plan or part thereof...
A local agency shall not acquire real property for any of the purposes specified in
paragraph (a) nor dispose of any real property, nor construct or authorize a public
building or structure, in any county or city, if such county or city has adopted a
general plan or part thereof is applicable thereto, until the location, purpose and
extent of such acquisition, disposition, or such pUblic building or structure have
been submitted to and reported upon by the planning agency having jurisdiction,
as to conformity with said adopted general plan or part thereof. _. "; and
WHEREAS, the Planning Commission has received and reviewed the Amendment in
the form attached here to as Exhibit "A"; and,
WHEREAS, the Amendment, as proposed would revise the Bayfront Redevelopment
Plan's land use controls, permitted uses, public uses, interim uses, and general land use controls and
limitations, in a manner consistent with the General Plan as follows:
Section 61 B of the Amendment provides that public improvements to be undertaken
by the Chula Vista Redevelopment Agency ("Agency") are identified in the General
Plan (as well as the Local Coastal Plan, and the City and San Diego Unified Port
- ."------~'"._"-~._-_.,-----_..-
-^,---,----
District's ("Port District") Capital Improvement Programs). and incorporates said
documents by reference; and
Section 627 of the Amendment provides that all development, whether public or
private, must conform to this Plan and all applicable federal, State, and local laws,
including without limitation the General Plan, Title 19 of the Chula Vista Municipal
Code, Local Coastal Program, Port District's Master Plan, and all other state and
local building codes, guidelines. or specific plans as they now exist or are hereafter
amended; and
Section 628 of the Amendment provides that all real property sold, leased or conveyed
by the Agency, as well as property subject to Owner Participation Agreements
between the Agency and property owners, shall be made subject to the provisions
of the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal
Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended; and
Section 701 of the Amendment provides that the land uses permitted by this Plan shall
be those permitted by the General Plan, Title 19 of the Chula Vista Municipal
Code, Local Coastal Program, Port District's Master Plan, and all other state and
local building codes, guidelines, or specific plans as they now exist or are hereafter
amended; and
Section 703 of the Amendment provides that the street system in the Bayfront
Redevelopment Project Area ("Project Area") shall be developed in accordance
with the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal
Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended; and
Section 706 of the Amendment provides that any interim uses shall conform to the
General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program,
Port District's Master Plan, and all other state and local building codes, guidelines,
or specific plans as they now exist or are hereafter amended; and
Section 707 of the Amendment provides that no real property shall be developed,
redeveloped, rehabilitated, or otherwise changed after the date of the adoption of
this Plan except in conformance with the goals and provisions of this Plan and the
regulations and requirements of the General Plan, Title 1 9 of the Chula Vista
Municipal Code, Local Coastal Program, Port District's Master Plan, and all other
state and local building codes, guidelines, or specific plans as they now exist or are
hereafter amended; and
Section 707 of the Amendment also provides that the type, size, height, number, and
use of buildings in the Project Area will be controlled by the General Plan, Title 19
of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master
Plan, and all other state and local building codes, guidelines, or specific plans as
they now exist or are hereafter amended; and
Section 710 of the Amendment provides that the number of dwelling units in the
Project Area shall be regulated by the General Plan and the Port District's Master
Plan; and
Section 711 of the Amendment provides that the amount of open space in the Project
Area is to be the areas so designated by the General Plan, Title 1 9 of the Chula
hereby:
Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all
other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission
Reports, finds, and determines that the Amendment No. 5 to the Bayfront
Redevelopment Plan conforms to the General Plan.
Recommends that the City Council and Agency adopt the Amendment.
Finds and determines, pursuant to Section 65402 of the Government Code, that the
location, purpose and extent of any acquisition or disposition of real property for
street, square, park, or other public purpose by the Agency for the purpose of
carrying out the Redevelopment Plan conforms to the General Plan of the City.
Authorizes and directs the officers. employees, staff. consultants and attorneys for the
Planning Commission to take any and all actions that may be necessary to
effectuate the purposes of this resolution or which are appropriate or desirable in
the circumstances. In the event that prior to the adoption of the Amendment, the
Agency or City Council desire to make any minor, technical. or clarifying changes
to the Amendment, the Planning Commission hereby finds and determines that any
such minor, technical, or clarifying changes need not be referred to it for further
report and recommendation.
This Resolution shall constitute the report and recommendation of the Planning
Commission on the Amended Redevelopment Plan to the Agency and City Council
pursuant to Section 33346 of the Law.
PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING COMMISSION
this day of , 1998 by the following vote to-wit.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Secretary
Chairperson
H :\Home\CommDev\RDAmend\BYreso .cc
~~_..------".-._._---_._--
:r:~~eJ:Wel~~j~~~en%~litltNOj~)'
Draft Redevelopment Plan
Amendment No.5
.
.
.
.
.
.
.
.
.
.
Prepared for:
City of Chula Vista Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 91910
Rosenow Spevacek Group, Inc.
540 N. Golden Circle, Suite 305
Santa Ana, CA 92705
Phon, 714,541.4585
760.967.6462
Fax 714,836,1748
E-Mail: RSGINCCA@aol.com
/I-Sf
TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................1
AMENDMENTS TO REDEVELOPMENT .PLAN................................................................... 2
1. Eminent Domain Limit.................,..................................,................................2
II. Time Frame to Incur Debt ................................................................................2
III. Plan Effectiveness.............................................................................................2
IV. Time Limit on Collection of Tax Increment.....................................................3
.'
/1-5;;)"
INTRODUCTION
This is the Fifth Amendment to Redevelopment Plan for the Town Centre I Redevelopment
Project ("Amendment 5"), located in the City of Chula Vista, County of San Diego, State of
California.
This Amendment 5 has been prepared by the Chula Vista Redevelopment Agency ("Agency")
pursuant to the California Community Redevelopment Law (Health and Safety Code Section
33000, et seq.) ("Redevelopment Law"), the California Constitution and all applicable laws and
ordinances. Amendment 5 is based upon the Preliminarv Plan for Amendment No.5 to the Town
Centre I Redevelopment Plan formulated and adopted by the Chula Vista Planning Commission
and the Agency on July 23,1997 and October 7,1997, respectively.
Amendment 5 amends the existing Redevelopment Plan for the Town Centre I Redevelopment
Project ("Project"), originally adopted on July 6, 1976, and m6st recently, amended on
November 8, 1994 ("Existing Plan"). Amendment 5 will amend the Existing Plan as follows:
I. Extend, to July 2010, the time frame within which the Agency may commence eminent
domain proceedings to acquire property in the Town Centre I Redevelopment Project
Area ("Project Area"),
2. Extend, to January I, 2004, the time frame within which the Agency may Incur
indebtedness on behalf of the Project,
3, Extend, to July 6, 2016, the effectiveness of the Existing Plan,
4. Extend, to July 6, 2026, the time period within which the Agency may collect tax
increment revenue on behalf of the Project,
The Existing Plan was originally adopted by the City Council by Ordinance No. 1691 on July 6,
1976. Since this action, the Existing Plan has been amended on four separate occasions. On July
17,1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of
the Existing Plan with the Bayfront Redevelopment Plan. On April 22, 1986, the City Council
adopted Ordinance No, 2146 that amended the Existing Plan for a second time by enacting new
time limits to enact eminent domain and incur debt, while establishing a cumulative tax
increment limit. Amendment No, 3 was adopted by the City Council on January 4, 1994 by
Ordinance No. 2585, when the City Council amended the tax increment and bonded
indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on
November 8, 1994, when the City Council adopted Ordinance No. 2609 that established a time
limit on the collection of tax increment.
Rosenow Spevacek Group, Inc.
April, 1998
1 /1-S3
Chula Vista Redevelopment Agency
Draft Amendment No.5 to the
Town Centre I Redevelopment Plan
AMENDMENTS TO REDEVELOPMENT PLAN
1. Eminent Domain Limit
The Existing Plan's time limit for the commencement of eminent domain proceedings, as
established by Ordinance No. 2146, is hereby amended as follows:
Except as otherwise provided by law, no eminent domain proceeding to acquire property
within the Project Area shall be commenced after twelve (12) years following the date of
adoption of the ordinance adopting Amendment 5.
II. Time Frame to Incur Debt
The Existing Plan's time limit on incurring debt, as established by Ordinance No, 2146, is
hereby amended as follows: .'
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise
pe=itted by law, no loan, advance or indebtedness to be repaid from such allocations of
taxes established or incurred by the Agency to finance in whole or in part the Project
shall be established or incurred after January I, 2004. Such loan, advance or
indebtedness may be repaid over a period of time longer than such time limit. This limit
shall not prevent the Agency from incurring debt to be repaid from the low and moderate
income housing fund or establishing more debt in order to fulfill the Agency's housing
obligations under Section 33413 of the Redevelopment Law. In addition, this limit shall
not prevent the Agency from refmancing, refunding, or restructuring indebtedness after
January I, 2004, if the indebtedness is not increased and the time during which the
indebtedness is to be repaid does not exceed the date on which the indebtedness would
have been paid.
III, Plan Effectiveness
The Existing Plan's effectiveness, as established by Ordinance No. 1691, IS hereby
amended as follows:
Except for the nondiscrimination and nonsegregation provisions which shall run in
perpetuity, the provisions of this Plan shall expire on July 6, 2016. After this time limit,
the Agency shall have no authority to act pursuant to this Plan except to pay previously
incurred indebtedness, collect tax increment revenue, and enforce existing covenants,
contracts, or other obligations.
Rosenow Spevacek Group, Inc.
April, 1998
2 A -.:;.</
Chula Vista Redevelopment Agency
Draft Amendment No.5 to the
Town Centre I Redevelopment Plan
IV. Time Limit on Collection ofTa)( Increment
The Existing Plan's time limit on the payment of indebtedness or receipt of tax increment,
as established by Ordinance No. 2609, is hereby amended as follows:
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, the Agency shall not pay indebtedness with the proceeds of property
taxes received pursuant to Heath and Safety Code Section 33670 or receive property
taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the
effectiveness of this Plan or July 6, 2026. These limitations shall not be applied to limit
the allocation of taxes to the Agency to the extent required to eliminate project deficits
created under subdivision (g) of Section 33334.6 of the Redevelopment Law in
accordance with the plan adopted pursuant thereto for the purpose of eliminating the
deficits or to the extent required to implement a housing program requirement pursuant to
Section 33413 of the Redevelopment Law. In addition, these limitations shall not affect
the validity of any bond, indebtedness, or other obligation, including any mitigation
agreement entered into pursuant to Section 3340 I of the Redevelopment Law, authorized
by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January
I, 1994, or the right of the Agency to receive property taxes, pursuant to Health and
Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation.
Rosenow Spevacek Group, Inc.
April, /998
3 Il-:j~
Chu/a Vista Redevelopment Agency
Draft Amendment No.5 to the
Town Centre I Redevelopment Plan
'1'1!1m::~~.L:~
e rmmWL ,
;~~~h01'W;'IT";,,,)if'<ili
..;2;;;"ttL;r"";h!tj;,'*"A,."".....j,:~t
Draft Redevelopment Plan
.
.
.
.
.
.
.
.
.
.
Prepared for:
City ofChula Vista Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 91910
"'*... ~ .'
,.. " '.. i ... H"''''''''~
.. :;:
,
Rosenow Spevacek Group, Inc.
540 N. Golden Circle, Suite 305
Santa Ana, CA 92705
Phone 714.541.4585
760.967.6462
F..,714.836.1748
E-Mail: RSGINCCA@aoLcom
~-5(
TABLE OF CONTENTS
SECTION I.
(100)
INTRODUCTION..........................................................................1
A. General......... ......... ........... .............. ....... ...... .................. ..... ......... ................. .....1
SECTION II. (200) BACKGROUND ............................................................................2
SECTION III. (300) GENERAL DEFINITIONS ..........................................................2
SECTION IV. (400) PROJECT AREA BOUNDARIES...............................................4
SECTION V. (500) REDEVELOPMENT PLAN OBJECTIVES ..............................4
SECTION VI. (600) . REDEVELOPMENT ACTIONS .................................................5
A. General........ ... ... ....... .... ........................... .... ..... ... .... ... ........ ... ......... ..... .......... ....5
B. Property AcquISItIOn. ............... ........... ..... ......... ................ ..... ...... .......... .......,...7
C. Participation by Owners and Persons Engaged in Business.............................7
D. Implementing Rules .................. ........... ........... ... .... ..., ... ..... ......... ... ...... .............9
E. Cooperation with Public Bodies .......................................................................9
F. Property Management...... ..... ..... .... ....... ........... .... .., ..., ... .,. ..... ... ... ... ........ .... ... ...9
G. Payments to Taxing Agencies ........................................................................10
H. Relocation of Persons Displaced by a Project ................................................10
I. Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste ..............................................11
J. Rehabilitation, Moving of Structures by the Agency and Seismic Repairs.... 12
K. Property Disposition and Development.......................................................... 13
1. Provision for Low and Moderate Income Housing ........................................17
SECTION VII. (700)
USES PERMITTED IN THE PROJECT AREA .....................17
A. Map and Uses Permitted.................................................................................17
B. Public Uses ............................................................,......,....,............................17
C. Nonconforming Uses ......................................................................................18
D, Interim Uses ............. .................. .............. ......... ....... ......... ......... ...... ............ ...18
E. General Controls and Limitations...................................................................18
F. Design for Development.................................................................................21
G. Building Permits .............................................................................................2I
H. Port District Tidelands....................................................................................22
SECTION VIII. (800)
METHODS FOR FINANCING THE PROJECT ....................23
A. General Description of the Proposed Financing Methods ..............................23
B. Tax Increment Revenue ..................................................................................23
C. Agency Bonds......... .............. ..... .................. ...... ... .... ...... ..... ... ..' ...... .., ......... ...25
D. Other Loans and Grants ..................................................................................25
E. Rehabilitation Loans, Grants and Rebates......................................................25
c.. - S .;2
SECTION IX. (900) ACTIONS BY THE CITY..........................................................25
SECTION X. (1000) ADMINISTRA nON AND ENFORCEMENT .........................26
SECTION XI. (1100) PLAN LIMITATIONS................................................................27
A. Amount ofIndebtedness Outstanding At Any One Time...............................27
B. Amount of Cumulative Tax Increment Revenue............................................27
C. Time Frame to Incur Indebtedness .................................................................27
D. Duration of This Plan......................................................................................28
E. Time Frame to Collect Tax Increment Revenue.............................................28
SECTION XII. (1200) PROCEDURE FOR AMENDMENT.........................................28
Exhibit A:
Exhibit B:
Project Area Map
Legal Description
C -~:3
SECTION I. (100) INTRODUCTION
A. (10 I) General
This is the Amended Redevelopment Plan for the Bayfront Redevelopment Project
("Plan"), located in the City of Chula Vista, County of San Diego, State of California. It
consists of the text (Sections 100 through 1200), the Project Area Map of the Bayfront
Redevelopment Project Area ("Project Area") (Exhibit A), and the legal description of
the Project Area boundaries (Exhibit B).
This Plan has been prepared by the Chula Vista Redevelopment Agency ("Agency")
pUrsuant to the California Community Redevelopment Law (Health and Safety Code
Section 33000, et sea.), the California Constitution and all applicable laws and
ordinances. It does not present a specific plan for the redev~lopment, rehabilitation and
revitalization of any area within the Project Area; instead, it establishes a process and
framework for implementation. This Plan is based upon the Preliminarv Plan for
Amendment No.5 to the Bavfront Redevelopment Plan formulated and adopted by the
Chula Vista Planning Commission and the Agency on July 23, 1997 and October 7, 1997,
respectively.
This Plan amends and supersedes the existing Redevelopment Plan for the Bayfront
Redevelopment Project ("Project"), originally adopted on July 16, 1974, and most
recently, amended on November 8, 1994 ("Existing Plan"). This Plan will amend the
Existing Plan as follows:
I. Increase the size of the Project Area by approximately 398 acres by incorporating
property within the jurisdiction of the San Diego Unified Port District ("Port
District"),
2. Extend, to July 2010, the time frame within which the Agency may commence
eminent domain proceedings to acquire property in the Project Area,
3. Extend, to January I, 2004, the time frame within which the Agency may incur
indebtedness for the existing Bayfront Redevelopment Project Area ("Existing
Area"),
4. Extend, to July 16,2014, the effectiveness of the Existing Plan for the Existing Area,
5. Extend, to July 16, 2024, the time period within which the Agency may collect tax
increment revenue from the Existing Area,
Rosenow Spevacek Group, Inc.
April, 1998
1
C-~~
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
6. Replace the Existing Plan's Statement of Basic Objectives, General Land Use Plan,
and Controls to more comprehensively correlate to the Agency's current goals, and to
provide that land uses in the Project Area are to be consistent with the City's General
Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, the
Port District's Master Plan, and all other state and local building codes, guidelines, or
specific plans, as they now exist or are hereafter amended, and
7. Restate the remaining provisions of the Existing Plan.
SECTION II. (200) BACKGROUND
The Existing Plan was originally adopted by the City Council by Ordinance No. 1541 on July 16,
1974. Since this action, the Existing Plan has been amended on four separate occasions. On July
17, 1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of
the Existing Plan with the Town Centre I Redevelopment Plan. On April 22, 1986, the City
Council adopted Ordinance No. 2146 that amended the Existing Plan for a second time by
enacting new time limits to enact emin~nt domain and incur debt, while establishing a
cumulative tax increment limit. Amendment No.3 was adopted by the City Council on January
4, 1994 by Ordinance No. 2585, when the City Council amended the tax increment and bonded
indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on
November 8, 1994, when the City Council adopted Ordinance No. 2608 that established a time
limit on the collection of tax increment.
SECTION III. (300) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. "Added Area" shall mean the territory added to the Project Area by Ordinance
No. adopted on adopting this Plan, as such territory is
depicted on the Map.
B. "Agency" means the Chula Vista Redevelopment Agency.
C. "Amendment 5" shall mean the fifth amendment to the Bayfront Redevelopment
Plan, adopted on , 1998 by Ordinance No._.
D. "Annual Work Program" means that portion of the Agency's annual budget that
sets forth programs and goals to be accomplished by the Agency during the fiscal
year.
E. "City" means the City of Chula Vista, California.
F. "City Council" means the legislative body of the City.
G, "County" means the County of San Diego, California.
Rosenow Sp'evacek Group, Inc.
April, 1998
2
C -~-S-
Chala Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
H. "Disposition and Development Agreement" means an agreement between a
developer and the Agency that sets forth terms and conditions for improvement
and redevelopment.
I. "General Plan" means the City's General Plan, a comprehensive and long-term
general plan for the physical development of the City.
J. "Legal Description" means the metes and bounds legal description of the Project
Area attached hereto as Exhibit B.
K. . "Map" means the map of the Project Area attached hereto as Exhibit A.
1. "Method of Relocation" means the methods or plans adopted by the Agency
pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or permanently
displaced by actions of the Agency.
M. "Original Area" shall mean the territory originally included in the Project Area by
Ordinance No. 1541, adopted on July 16,1974.
N. "Owner" shall mean and include the owner of real or personal property located in
the Project Area or owner of business located in the Project Area.
O. "Owner Participation Agreement" means an agreement between the Agency and
an Owner which sets forth terms and conditions for use of property, and/or its
improvement and/or its redevelopment as to a specific property.
P. "Person" means an individual(s), or any public or private entities.
Q. "Plan" means the Redevelopment Plan for the Bayfront Redevelopment Project,
as amended.
R. "Project" means the Bayfront Redevelopment Project.
S, "Project Area" means the Bayfront Redevelopment Project Area (comprised of
the Original Area and the Added Area), which is the territory this Plan applies to,
as shown on Exhibit A
T. "Redevelopment Law" means the California Community Redevelopment Law
(Health and Safety Code, Sections 33000, et SeQ.) as it now exists or may be
hereafter amended.
U. "State" means the State of California.
Rosenow Spevacek Group, Inc.
April, 1998
3
C -~--r;"
ChulaVista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
V. "State Law" means an enactment of State of California, and includes such
regulations as have the force of law.
SECTION IV. (400) PROJECT AREA BOUNDARIES
The boundaries of the Project Area are illustrated on the map attached hereto and incorporated
herein as Exhibit A. The legal description of the boundaries of the Project Area is as described
in Exhibit B attached hereto and incorporated herein.
SECTION V. (500) REDEVELOPMENT PLAN OBJECTIVES
Implementation of this Plan is intended to achieve the following objectives:
. Create physical buffers which ameliorate the adverse effects of changing land uses
along interfaces.
. Discourage "spot zoning" and piecemeal planning practices.
. Provide adequate roadways to correct street alignment problems, to provide
adequate circulation and access to freeways.
. Eliminate and preventing the spread of blight and deterioration and to conserve,
rehabilitate, and redevelop the Project Area in accordance with this Plan and future
Annual Work Programs.
. Encourage tourism, including the development of high-quality hotels, motels,
restaurants, and meeting facilities.
. Provide for the enhancement and renovation of businesses within the Project Area
to promote their economic viability.
. Encourage cooperation and participation of property owners, business persons,
public agencies and community organizations in the revitalization of the Project
Area.
. Stimulate investment of the private sector in the full development of the Project
Area.
. Provide needed improvements to the community's recreational, cultural, and other
community facilities to better serve the Project Area.
. Promote public improvement facilities which are sensitive to the untque
environmental qualities of the Project Area.
. Expand the resource of developable land by making underutilized land available for
development.
Rosenow Spevacek Group, Inc.
April, 1998
4
C-s 7
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
. Renovate and restore sites characterized by deficiencies including, but without
limitations, conditions of soil which render private development infeasible or
impractical.
. Alleviate certain environmental deficiencies including substandard vehicular and
pedestrian circulation systems, insufficient off-street parking and other similar
public improvements.
. Improve local drainage conditions that constrain the development of various
parcels in the Project Area, the cost of which cannot be borne by private enterprise,
governmental action, or both, without redevelopment.
. Achieve an environment reflecting a high level of concern for architectural,
landscape, and urban design principles appropriate to the objectives of this Plan.
. Provide low and moderate income housing as is required to satisfy the needs and
desires of the various age and income groups of the community, maximizing the
opportunity for individual choice, and meeting the requirements of State Law.
. Develop safeguards against noise and pollution to enhance the
industrial/commercial community.
. To the extent possible, for all redevelopment projects undertaken under this Plan,
preference in hiring for jobs created by these redevelopment actions should be
given to City residents.
SECTION VI.
(600) REDEVELOPMENT ACTIONS
A. (60 I) General
The Agency proposes to alleviate and prevent the spread of blight and deterioration in the
Project Area by:
I. The acquisition, installation, construction, reconstruction, redesign, or
reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices,
flood control facilities, and other public improvements.
2. The rehabilitation, remodeling, demolition, or removal of buildings,
structures, and improvements.
3. The rehabilitation, development, preservation, or construction of
affordable housing in compliance with State Law.
4. Providing the opportunity for participation by owners and tenants
presently located in the Project Area and the extension of preferences to
Rosenow Spevacek Group, Inc.
April, 1998
5
c.. - ~~
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
occupants desiring to remain or relocate within the redeveloped Project
Area.
5. Providing relocation assistance to displaced residential and nonresidential
occupants in accordance with applicable State Law.
6. The development or redevelopment of land by private enterprise or public
agencies for purposes and uses consistent with the objectives of this Plan.
7. The acquisition of real property by purchase, gift, device, or any other
lawful means, or, where it is deemed necessary, by exercising the power
of eminent domain as permitted by Section 603 of this Plan and after
conduct of appropriate public hearings.
8. The combining of parcels, properties, site preparation, and construction of
necessary off-site improvements.
9, Providing for open space.
10. Managing of any property acquired by the Agency.
II. Assisting in providing financing for the construction of commercial and
industrial buildings to increase the economic base of the Project Area and
the City, and the number of temporary and permanent jobs in the Project
Area.
12. The disposition of property including the lease or sale of land at the value
determined by the Agency for reuse in a.ccordance with this Plan.
13. Providing for the retention of controls, and the establishment of
restrictions or covenants running with the land, so that property will
continue to be used in accordance with this Plan.
14. The closure or vacation of certain streets and the dedication of other areas
for public purposes.
15. Providing replacement housing, if any is required.
16. Applying for, receiving and utilizing grants and loans from federal or state
governments or any other source.
To accomplish these actions and to implement this Plan, the Agency is authorized to use
the powers provided in this Plan, and the powers now or hereafter permitted by the
Redevelopment Law and any other State law.
B. (602) Propertv Acquisition
RosenoHJ Spevacek GrQup, Inc.
Aprii, 1998
6
c.... - ~'"9
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
I. (603) Acquisition of Real Property
The Agency may acquire real property by any means authorized by law,
including by gift, grant, exchange, purchase, cooperative negotiations, lease
or any other means authorized by law including eminent domain. However,
the Agency shall not exercise the power of eminent domain to acquire any
property within the Added Area.
Except as otherwise provided by law, no eminent domain proceeding to acquire
property within the Project Area shall be commenced after twelve (12) years
following the date of adoption of the ordinance adopting Amendment 5. Such
time limitations may be extended only by amendment of this Plan.
To the extent required by law, 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; or (2) the site
or lot on which the building is situated requires modification in size, shape or use;
or (3) it is necessary to impose upon such property any of the standards,
restrictions and controls of this Plan and the owner fails or refuses to participate in
the Plan pursuant to Sections 605 to 609 of this Plan and applicable provisions of
the Redevelopment Law.
2, (604) Acquisition of Personal PropertY
Where necessary in the implementation of this Plan, the Agency is authorized to
acquire personal property by any lawful means.
C. (605) Participation bv Owners and Persons Engaged in Business
I. (606) Owner Participation
This Plan provides for. opportunities for participation in the redevelopment of
property in the Project Area by the owners of all or part of such property if the
owners agree to participate in the redevelopment in conformity with this Plan.
Rosenow Spevacek Group, Inc.
April, 1998
7
C. -~O
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
Opportunities to participate in the redevelopment of property in the Project Area
may include without limitation the rehabilitation of property or structures; the
retention of improvements; the development of all or a portion of the participant's
property; the acquisition of adjacent or other properties from the Agency;
purchasing or leasing properties in the Project Area; participating with developers
in the improvement of all or a portion of a participant's properties; or other
suitable means consistent with objectives and proposals of this Plan and with the
Agency's rules governing owner participation and re-entry.
In addition to opportunities for participation by individual persons and firms,
participation, to the extent it is feasible, shall be available for two or more
persons, firms or institutions, to join together in partnerships, corporations, or
other joint entities.
The Agency desires participation in redevelopment activities by as many owners
and business tenants as possible. However, participation opportunities shall
necessarily be subj ect to and limited by such factors as the provision or expansion
of public improvements and/or public utilities facilities; elimination and changing
of land uses; realignment of streets; the ability of owners and business tenants to
finance acquisition and development activities in accordance with this Plan;
development experience, where applicable, availability of franchises, whether the
proposed activities conform to and further the goals and objectives of this Plan;
and any change in the total number of individual parcels in the Project Area.
2. (607) Reentrv Preferences for Persons Engaged in Business in the Proiect Area
The Agency shall extend reasonable preferences to persons who are engaged in
business in the Project Area to relocate and reenter in business in the redeveloped
area, if they otherwise meet the requirements prescribed by this Plan and the
Agency's rules governing owner participation and re-entry.
3. (608) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and be
subject to the provisions hereof. In the Owner Participation Agreement,
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.
Owner Participation Agreement shall include appropriate remedies such as the
ability of the Agency to declare the Agreement terminated and acquire the real
property or any interest therein, and sell or lease such real property or interest
therein for rehabilitation or development in accordance with this Plan in the event
a participant breaches the terms of such Owner Participation Agreement.
Rosenow Spevacek Group, Inc.
April, 1998d
8
L--~I
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
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 tenants.
Where the Agency determines that a proposal for participation is not feasible, is
not in the best interests of the Agency or City, or that redevelopment can best be
accomplished without affording a participant an opportunity to execute an Owner
Participation Agreement, the Agency shall not be required to execute such an
agreement.
D. (609) Implementing Rules
The provisions of Sections 605-608 of this Plan shall be implemented according to the
rules adopted by the Agency prior to the approval of the orqinance amending this Plan,
which may be amended from time to time by the Agency. Such rules allow for Owner
Participation Agreements with the Agency.
E. (610) Cooperation with Public Bodies
Certain public bodies are authorized by State law to aid and cooperate, with or without
consideration, in the planning and implementation of activities authorized by this Plan.
The Agency shall seek the aid and cooperation of such public bodies and shall attempt to
coordinate the implementation of this Plan with the activities of such public bodies in
order to accomplish the purposes of redevelopment and to achieve the highest public
good,
Property of a public body shall not be acquired without its consent in accordance with
State Law. The Agency shall seek the cooperation of all public bodies which own or
intend to acquire property in the Project Area. All plans for development of property in
the Project Area by a public body shall be subject to Agency approval.
Subject to Section 720 of this Plan, the Agency may impose on aU public bodies the
planning and design controls contained in and authorized by this Plan to ensure that
present uses and any future development by public bodies will conform to the
requirements of this Plan. The Agency is authorized, to the extent permissible by law, to
financially (and otherwise) assist public bodies in the cost of public land, buildings,
facilities, structures or other improvements (within or outside the Project Area) where
such land, buildings, facilities, structures, or other improvements are of benefit to the
Project Area.
Rosenow Spevacek Group, Inc.
April, 1998
9
L-"^
Chula Vista RedevelopmentAgency
Draft Amended Bayfront Redevelopment Plan
F, (611) 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 properties may
be rented or leased by the Agency pending their disposition.
G. (612) Pavments to Taxing Agencies
The Agency may pay, but is not required to pay, in any year during which it owns
property in the Project Area directly to any City, County or district, including, but not
limited to, a school district, or other public corporation for whose benefit a tax would
have been levied upon such property had it not been tax exempt, an amount of money in
lieu of taxes.
In addition, to the extent required by State Law, the Agency shall remit payments to the
affected taxing agencies in a manner consistent with Section 33607.7, Section 33676(b),
and any other pertinent and applicable sections of the Redevelopment Law.
All such amounts shall be calculated after the amount required to be deposited in the Low
and Moderate Income Housing Fund has been deducted from the total amount of tax
increment funds received by the Agency in the applicable fiscal year. Such payments
shall be reduced in accordance with the provisions of Section 33607.5 of the
Redevelopment Law or any other applicable statute. Such payments shall be the
exclusive payments that are required to be made by the Agency to affected taxing entities
for the duration of this Plan. Such payments may be subordinated to loans, bonds, or
other Agency indebtedness as provided by the Redevelopment Law.
H. (613) Relocation of Persons Disl'laced bv a Proiect
1. (614) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et sea.) ("Relocation Assistance Act"), the
guidelines adopted and promulgated by the California Department of Housing and
Community Development (the "Relocation Guidelines") and the Method of
Relocation adopted by the Agency, the Agency shall provide relocation benefits
and assistance to all persons (including families, business concerns, and others)
displaced by Agency acquisition of property in the Project Area as may be
required by law. Such relocation assistance shall be provided in the manner
required by the Method of Relocation. The Agency shall make a reasonable effort
to relocate displaced individuals, families, and commercial and professional
establishments within the Project Area. The Agency is also authorized to provide
relocation for displaced persons outside the Project Area.
, Rosenow Spevacek Group, Inc.
April, 1998
10
c.. -'3
Chala Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
2. (615) Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by law and in
conformance with the Method of Relocation, Relocation Guidelines, Relocation
Assistance Act, the Redevelopment Law, and any other applicable rules and
regulations.
I. (616) Demolition. Clearance. Public ImjJrovements. Site Preparation and Removal
of Hazardous Waste
I. (617) Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or pursuant to an
agreement with the owner of property, to demolish, .clear or move buildings,
structures, or other improvements from any real property as necessary to carry out
the purposes of this Plan.
2. (618) Public Improvements
To the greatest extent permitted by law, the Agency is authorized to install and
construct or to cause to be installed and constructed the public improvements and
public utilities (within or outside the Project Area) necessary to carry out the
purposes of this Plan. Such public improvements include, but are not limited to:
over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights;
sewers; storm drains; traffic signals; electrical distribution systems' natural gas
distribution systems; cable TV and fiber optic communication systems; water
distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities;
landscaped areas; schools; civic; cultural; stadium, arena, and other recreational
facilities; and pedestrian improvements. The public facilities and infrastructure
improvement projects that may be undertaken by the Agency pursuant to this Plan
are identified in the City's General Plan, the Local Coastal Plan, and the City and
Port District's Capital Improvement Programs, and incorporated herein by
reference.
The Agency, as it deems necessary to carry out the Plan and subject to the consent
of the City Council, as may be required by the Redevelopment Law, may pay 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, upon both the Agency and the City
Council making the applicable determinations required pursuant to the
Redevelopment Law.
Rosenow Spevacek Group, Inc.
April, 1998
11
C - to..J.
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment 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
Agency may 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 land or all or part of the cost of such building, facility, structure
or other improvements, or both, by periodic payments over a period of years.
Any obligation of the Agency under such contract shall constitute an indebtedness
of the Agency for the purposes of carrying out this Plan.
3. (619) Preparation of Building Sites
Any real property owned or acquired by the Agency may be developed as a
building site. . In connection with such development,it may cause, provide, or
undertake or make provisions with other agencies for the installation, or
construction of streets, utilities, parks, playgrounds and other public
improvements necessary for carrying out this Plan.
4. (620) Removal of Hazardous Waste
To the extent legally allowable, the Agency may, in its sole discretion, take any
actions which the Agency determines are necessary and which are consistent with
other State and federal laws, to remedy or remove a release of hazardous
substances on, under, or from property within the Project Area.
J. (621) Rehabilitation, Moving of Structures by the Agencv and Seismic Repairs
I. (622) Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be
rehabilitated and conserved, any property, building or structure owned by the
Agency. The Agency is also authorized to advise, encourage, and assist (through
a loan program or otherwise) in the rehabilitation and conservation of property,
buildings or structures in the Project Area not owned by the Agency to the extent
permitted by the Redevelopment Law as it exists now or may be hereafter
amended. The Agency is authorized to acquire, restore, rehabilitate, move and
conserve buildings of historic or architectural significance,
The Agency is authorized to conduct a program of assistance and enforcement to
encourage owners of property within the Project Area to upgrade and maintain
their property consistent with this Plan and such standards as may be developed
for the Project Area.
The extent of rehabilitation in the Project Area shall be subject to the discretion of
the Agency based upon such objective factors as:
Rosenow Spevacek Group, Inc.
April, 1998
12
C-CoS"
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
a. Compatibility of rehabilitation with land uses as provided
for in this Plan.
b. Economic feasibility of proposed rehabilitation and
conservation activity.
c. Structural feasibility of proposed rehabilitation and
conservational activity.
d. The undertaking of rehabilitation and conservation
activities in an expeditious manner and in conformance
with the requirements of this Plan and such property
rehabilitation standards as may be adopted by the Agency.
e. The need for expansion of public improvements, facilities
and utilities.
f. The assembly and development of properties in accordance
with this Plan.
The Agency may adopt property rehabilitation standards for the rehabilitation of
properties in the Project Area.
2. (623) Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized to move, or to
cause to be moved, any building structures or other improvements from any real
property acquired which can be rehabilitated to a location within or outside the
Project Area.
3, (624) Seismic Repairs
For any project undertaken by the Agency within the Project Area for building
rehabilitation or alteration in construction, the Agency may, by following all
applicable procedures which are consistent with local, State, and federal law, take
those actions which the Agency determines are necessary to provide for seismic
retrofits.
Rosenow Spevacek Group, Inc.
April, 1998
13
C -~~
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
K. (625) PropertY Disposition and Development
I. (626) Real Property Disposition and Development
a. (627) General
For the purposes of this Plan, the Agency is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or
deed of trust, or otherwise dispose of any interest in real property . To the
extent permitted by law, the Agency is authorized to dispose of real
property by negotiated lease or sale without public bidding. Except as
otherwise permitted by law, before any interest in property of the Agency
acquired in whole or in part, directly or indirectly, with tax increment
moneys is sold or leased for development PW:S\illl1t to this Plan, such sale
or lease shall be first approved by the City Council after public hearing,
together with such findings as may then be required by State law.
The real property acquired by the Agency in the Project Area, except
property conveyed to it by the City, shall be sold or leased to public or
private persons or entities for improvement and use of the property in
conformance with this Plan. Real property may be conveyed by the
Agency to the City, and where beneficial to the Project Area, to any other
public body without charge or for an amount less than fair market value.
All purchasers or lessees of property from the Agency shall be obligated to
use the property for the purposes designated in this Plan, to begin and
complete improvement of such 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.
During the period of redevelopment in the Project Area, the Agency shall
ensure that all provisions of this Plan, and other documents formulated
pursuant to this Plan, are being observed, and that development of the
Project Area is . proceeding in accordance with applicable development
documents and time schedules.
All development, whether public or private, must conform to this Plan and
all applicable federal, State, and local laws, including without limitation
the City's General Plan and Title 19 of the Chula Vista Municipal Code,
Local Coastal Program, Port District's Master Plan, and all other state and
local building codes, guidelines, or specific plans as they now exist or are
hereafter amended. Such development must receive the approval of all
appropriate public agencies.
Rosenow Spevacek Group, Inc.
April, 1998
14
C-ro1
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
b. (628) Purchase and Development Documents
To provide adequate safeguards to ensure 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
Owner Participation Agreements, shall be made subject to the provisions
of this Plan by leases, deeds, contracts, agreements, declarations of
restrictions, provisions of the City's General Plan and Title 19 of the Chula
Vista Municipal Code, Local Coastal Program, Port District's Master Plan,
and all other state and local building codes, guidelines, or specific plans as
they now exist or are hereafter amended, 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.
Leases, deeds, contracts, agreements, and declarations of restrictions of
the Agency may contain restrictions, covenants, covenants running with
the land, rights of reverter, conditions subsequent, equitable servitudes, or
any other provisions necessary to carry out this Plan.
The Agency shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may be necessary to
prevent transfer, retention, or use of property for speculative purposes and
to ensure that redevelopment is carried out pursuant to this Plan.
The Agency shall obligate lessees and purchasers ofreal property acquired
in redevelopment projects and owners of property improved as part of a
redevelopment project to refrain from discrimination or segregation based
upon race, color, creed, religion, national origin, ancestry, sex, or marital
status 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 Disposition and Development Agreements 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.
2. (629) Personal Propertv Disposition
For the purposes of this Plan, the Agency is authorized to sell, lease, exchange,
subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal
property.
Rosenow Spevacek Group, Inc.
April, 1998
15
C -(.,C6
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
3. (630) Prevention of Discrimination
a. Redevelopment
The redeveloper shall comply with all state and local laws, in effect from
time to time, prohibiting discrimination or segregation by reason of race,
color, creed, religion, sex, marital status, national origin or ancestry, in the
sale, lease or occupancy of the property.
Pursuant to the California Health and Safety Code (Sections 33337 and
33435-33536), contracts entered into by the Agency relating to the sale,
transfer or leasing of land, or any interest therein acquired by the Agency
within any redevelopment area or project, shall comply with the
provisions of said sections in substantially the. form set forth therein. All
such contracts shall further provide that the provisions of said section shall
be binding upon and shall obligate the contracting party or parties and all
other transferees under the instrument.
b. Contracts
All deeds, leases, or contracts for the sale, lease, sublease or other transfer
of any land in the Project Area shall contain the following
nondiscrimination clauses as prescribed by California Health and Safety
Code, Section 33436: In deeds the following language shall appear:
'The grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators and assigns, and all persons
claiming under or through them, that there shall be no
discrimination against, or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the premises
herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
In leases, the following language shall appear:
"The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons
claiming under or through him or her, and this lease is made and
accepted upon arid subject to the following conditions:
Rosenow Spevacek Group, Inc.
April, 1998
16
C-~'
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
"That there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enj oyment, of the premises herein leased, nor shall the lessee
himself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number,
use, or occupancy of tenants, subleases, subtenants, or vendees in
the premises herein leased."
L. (631) Provision for Low and Moderate Income Housing
The Agency shall comply with all of the low and moderate in~ome housing requirements
of the Redevelopment Law which are applicable to this Plan, including applicable
expenditure, replacement, and inclusionary housing requirements, and in connection
therewith, the Agency shall have all of the powers and authorization to act as may, from
time to time, be provided by the Redevelopment Law and other applicable provisions of
law.
SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA
A. (701) Map and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the location of
the Project Area boundaries. The land uses permitted by this Plan shall be those
permitted by the City's General Plan and Title 19 of the Chula Vista Municipal Code,
Local Coastal Program, Port District's Master Plan, and all other state and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended.
B. (702) Public Uses
1. (703) Public Street Lavout. Rights-of-Wav and Easements
The public street system and street layout for the Project Area is illustrated on the
Project Area Map identified as Exhibit A. The street system in the Project Area
shall be developed in accordance with the City's General Plan and Title 19 of the
Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan,
and all other state and local building codes, guidelines, or specific plans as they
now exist or are hereafter amended.
-
Rosenow Spevacek Group, Inc.
April, 1998
17
C -r 0
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
Certain streets and rights-of-way may be widened, altered, abandoned, vacated, or
closed by the City or Port District as necessary for proper development of the
Project Area. Additional easements may be created by the Agency, City, and Port
District in the Project Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle andlor pedestrian
traffic as well as for public improvements, public and private utilities, and
activities typically found in public rights-of-way. In addition, all necessary
easements for public uses, public facilities, and public utilities may be retained or
created.
2. (704) Other Public and Open Space Uses
Both within and, where appropriate, outside of the Project Area, the Agency may
take actions to establish, or enlarge public, institutional, or non-profit uses,
including, but not limited to, schools, community centers, auditorium and civic
center facilities, criminal justice facilities, park and recreational facilities, parking
facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic
and charitable institutions or other similar associations or organizations. All such
uses shall be deemed to conform to the provisions of this Plan provided that such
uses conform with all other applicable laws and ordinances and that such uses are
approved by the City or the Port District. The Agency may impose such other
reasonable restrictions as are necessary to protect development and uses in the
Project Area.
C. (705) Nonconforming Uses
The Agency is authorized but not required to permit an existing use to remain in an
existing building in good condition if the use does not conform to the provisions of this
Plan, provided that such use is generally compatible with existing and proposed
developments and uses in the Project Area.
The Agency may take actions to, but is not required to, authorize additions, alterations,
repairs or other improvements in the Project Area for buildings which do not conform to
the provisions of this Plan where, in the determination of the Agency, such improvements
would be compatible with surrounding Project Area uses and proposed development.
D. (706) Interim Uses
Pending the ultimate development of land by developers and participants, the Agency is
authorized to use or permit the use of any land in the Project Area for interim uses not in
conformity with the uses permitted in this Plan. Such interim use, however, shall
conform to City's General Plan and Title 19 of the Chula Vista Municipal Code, Local
Coastal Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended.
Rosenow Spevacek Group, Inc.
Aprii, 1998
18
C -'71
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
E. (707) General Controls and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan. No real property shall be developed, redeveloped,
rehabilitated, or otherwise changed after the date of the adoption of this Plan except in
conformance with the goals and provisions of this Plan and the regulations and
requirements of the City's General Plan and Title 19 of the Chula Vista Municipal Code,
Local Coastal Program, Port District's Master Plan, and all other state and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended. The land
use controls of this Plan shall apply for the periods set forth in Section 1100 below. The
type, size, height, number and use of buildings within the Project Area wi\! be controlled
by the City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal
Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter. amended.
1. (708) New Construction
All construction in the Project Area shall comply with all applicable State and
local laws in effect from time to time. In addition to applicable City or Port
District land use regulations and requirements in the Project Area, additional
specific performance and development standards may be adopted by the Agency
to control and direct improvement activities in the Project Area.
2. (709) Rehabilitation
Any existing structure within the Project Area which the Agency enters into an
agreement for retention and rehabilitation shall be repaired, altered, reconstructed,
or rehabilitated in accordance with the applicable law and in such a manner that it
will meet the following requirements: be safe and sound in all physical respects,
be attractive in appearance and not detrimental to the surrounding uses.
3. (710) Number of Dwe!!ing Units
The total number of dwe!!ing units in the Project Area shall be regulated by the
City's General Plan and the Port District's Master Plan. As of the date of
adoption of this Plan, there are no dwe!!ing units in the Project Area.
4. (7\1) Open Space and Landscaping
The approximate amount of open space to be provided in the Project Area is the
total of all areas so designated in the City's General Plan and Title 19 of the Chula
Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all
other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended, and those areas in the public rights-of-way or provided
through site coverage limitations on new development as established by the City
or Port District and this Plan. Landscaping shall be developed in the Project Area
Rosenow Spevacek Group, Inc.
Aprii, 1998
19
C. -7 ~
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
to ensure optimum use of living plant material in conformance with the standards
of the City and Port District.
5. (712) Limitations on Type. Size and Height of Buildings
The limits on building intensity, type, size and height, shall be established in
accordance with the provisions of the City's General Plan and Title 19 of the
Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan,
and all other state and local building codes, guidelines, or specific plans as they
now exist or are hereafter amended.
6. (713) Signs
All signs shall conform to the requirements of the CitY, and Port District. Design
of all proposed new signs shall be subject to the review of the City or Port District
and the procedures of this Plan.
7. (714) Utilities
The Agency, in conformity with municipal code, and City and Port District
policies, shall require that all utilities be placed underground whenever physically
possible and economically feasible on projects funded in whole or in part by the
Agency or subject to a Disposition and Development Agreement or an Owner
Participation Agreement.
8. (715) Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant,
shall be consolidated, subdivided or re-subdivided without the approval of the
City or Port District.
9. (716) Variations
The Agency is authorized to permit variations from the limits, restrictions and
controls established by this Plan. In order to permit any such variation, the
Agency must determine all of the following:
a. The application of certain provisions of this Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purposes and intent of this Plan.
Rosenow Spevacek Group, Inc.
Aprii,1998
20
C - 7..3
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
b. 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.
c. Permitting a variation will not be materially detrimental to the
public welfare or injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this
Plan.
No such variation shall be granted 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 this Plan.
F. (717) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 70 I and 707 herein, the Agency is authorized to establish heights
of buildings, land coverage, setback requirements, 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 improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with this
Plan and any such controls approved by the Agency. In the case of property which is the
subject of a Disposition and Development Agreement or an Owner Participation
Agreement with the Agency, such property shall be developed in accordance with the
provisions of such Agreement. 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 shall not approve any plans that do not comply
with this Plan except as permitted by Section 716 of this Plan.
G. (718) Building Permits
Any building permit that is issued for the rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project Area from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by the
Agency, any restrictions or controls established by resolution of the Agency, and any
applicable participation or other agreements.
The Agency is authorized to establish permit procedures and approvals required for
purposes of this Plan. A building permit shall be issued only after the applicant for same
Rosenow Spevacek Group, Inc.
Aprii, 1998
21
C. -7 '-/.
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
has been granted all approvals required by the City (or Port District) and the Agency at
the time of application.
H. (719) Port District Tidelands
1. (720) Proposed Redevelopment and Use and Planning
Notwithstanding any other provision in this Plan, including without limitation
sections pertaining to proposed redevelopment activities and uses permitted and
planning considerations, all of the tidelands (filled and unfilled) and the
submerged lands owned and controlled by the Port District, a public corporation,
pursuant to Califomia Stats. 1962, I st Ex. Sess., c.67, as amended, shall be
developed and used in accordance with the Port District Master Plan. It is
recognized that the procedures and exercise of authority by the California Coastal
Commission, together with the statute establishing the Commission, could
foreseeably cause delay or denial of implementation of the Port District Master
Plan or particular projects contemplated by the Port District Master Plan. The.
Agency acknowledges that the present Port District Master Plan and the specified
uses therein are in conformance with this Plan and are consistent with the
provisions, objectives and intent of this Plan, and further that any amendment by
the Port District to the Port District Master Plan is deemed by the Agency as
being in conformance and consistent with the provisions, objectives and intent of
this Plan. The Agency shall not establish any time periods, priorities or
preferences regarding development of said lands of the Port District or with
regards to development of said lands of the Port District in relation to other
property in the Project Area. The Port District shall have the unfettered right to
use and develop its lands at its sole discretion in accordance with the Port District
Master Plan which from time to time may be hereafter amended. This right of the
Port District is deemed adequate and in conformance with this Plan, as well as
consistent with its provisions, objectives, and intent as long as the Port District
acts in accordance with Calif. Stats. 1962, 1st Ex. Sess., c.67, as amended,
commonly known as the San Diego Unified Port District Act, the tideland trust
and the California Coastal Act of 1976. Said lands of the Port District shall be
and remain under the exclusive jurisdiction and control of the Port District and the
Agency shall not impose or attempt to impose any restrictions or regulations,
including without limitation, any relating to proposed redevelopment activities,
uses permitted and planning considerations, building, zoning or architectural
(sign, design, schematic, landscaping site plan) controls, with regard to said lands
of the Port District, so long as said lands are developed and used in accordance
with the Port Master Plan as it may be amended. Port District lands and their
proposed planned development are not included in the Project Area for the benefit
of any other property or property owner, whether such property or owner is or is
not within the Project Area, and such owner shall not rely on the fact that the
Project Area includes Port District lands or on the planned development for said
land or that said planned development will ever occur or otherwise.
Rosenow Spevacek Group, Inc.
April, 1998
22
C-7S"
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT
A. (801) General Description of the Proposed financing Methods
Upon adoption of this Plan by the City Council, the Agency is authorized to finance
implementation of this Plan with assistance from local sources, the State and/or the
federal government, property tax increment, interest income, Agency bonds, donations,
loans from private financial institutions or any other legally available source.
The Agency is also authorized to obtain advances, borrow funds, issue bonds or other
obligations, and create indebtedness in carrying out this Plan. The principal and interest
on. such indebtedness may be paid from tax increment revenue or any other funds
available to the Agency. Advances and loans for survey and planning and for the
operating capital for administration of this Plan may be provided by the City until
adequate tax increment revenue or other funds are available'to repay the advances and
loans. The City or other public agency, as it is able, may also supply additional
assistance through issuance of bonds, loans and grants and in-kind assistance. Any
assistance shall be subject to terms established by an agreement between the Agency,
City andlor other public agency providing such assistance.
As available, gas tax and sales tax funds may be used for the street system.
The Agency may issue bonds or other obligations and expend their proceeds to carry out
this Plan. The Agency is authorized to issue bonds or other obligations as appropriate
and feasible in an amount sufficient to finance all or any part of Plan implementation
activities. The Agency shall pay the principal and interest on bonds or other obligations
of the Agency as they become due and payable.
B. (802) Tax Increment Revenue
F or the purposes of the collection of property tax revenue pursuant to this Plan, the
"effective date of the ordinance" shall mean and refer to the following:
1. With respect to the Original Area, August 16, 1974 (30 days after the City
Council adopted Ordinance No. 1541 on July 16, 1974 that incorporated the
Original Area into the Project Area.) (No change to base year roll of Original
Area. )
2.
With respect to the Added Area,
Council adopted Ordinance No.
Added Area into the Project Area.)
on
, 1998 (30 days after the City
that incorporated the
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State, County, City or other public corporation (hereinafter called "Taxing
Agency" or 'Taxing Agencies") after the effective date of the ordinance, shall be divided
as follows:
Rosenow Spevacek Group, Inc.
April, 1998
23
C-7~
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
1. That portion of the taxes which would be produced by the rate upon which
the tax is levied each year by or for each of said Taxing Agencies upon the
total sum of the assessed value of the taxable property in the Project Area
as shown upon the assessment roll used in connection with the taxation of
such property by such Taxing Agency, last equalized prior to the effective
date of the ordinance, shall be allocated to and when collected shall be
paid to 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 in the Project Area on the effective date of the ordinance but to
which such territory has been annexed or otherwise included after such
effective date, the assessment roll of the County last equalized on the
effective date of the Ordinance shall be used in detenp.ining the assessed
valuation of the taxable property in the Project Area on said effective
date) .
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 loans, monies advanced to,
or indebtedness (whether funded, refunded, assumed, or otherwise)
incurred by the Agency to finance or refinance in whole or in part, the
Project and this Plan. Unless and until the total assessed valuation of the
taxable property in the Project Area exceeds the total assessed value of the
taxable property in the Project Area 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 Area shall be paid to
the respective Taxing Agencies. When said loans, advances, and
indebtedness, if any, and interest thereon, have been paid, all monies
thereafter received from taxes upon the taxable property in the Project
Area shall be paid to the respective Taxing Agencies as taxes on all other
property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph
(1.) above which is attributable to a tax rate levied by a Taxing Agency for
the purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for
the acquisition or improvement of real property shall be allocated to, and
when collected shall be paid into, the fund of that Taxing Agency. This
paragraph (3.) shall only apply to taxes levied to repay bonded
indebtedness approved by the voters on or after January 1, 1989.
The Agency is authorized to make pledges as to specific advances, loans and
indebtedness as appropriate in carrying out the Project. The portion of taxes allocated
. and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay
the principal of and interest on loans, monies advanced to, or indebtedness (whether
, Rosenow Spevacek Group, Inc.
April, 1998
24
c..-{7
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance,
in whole or in part, the redevelopment program for the Project Area.
C. (803) Agency Bonds
The Agency is authorized to issue bonds and other obligations from time to time, if it
deems it appropriate to do so, in order to finance all or any part of Plan implementation
activities.
Neither the members of the Agency nor any persons executing the bonds are liable
personally on the bonds Or other obligations by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of the City, the Port
District, or the State; nor are any of its political subdivisions liable for them; nor in any
event shall the bonds or obligations be payable out of any funds or properties other than
those of the Agency; and such bonds and other obligations shall so state on their face.
The bonds and other obligations do not constitute an indebtedness withir> the meaning of
any constitutional or statutory debt limitation or restriction.
D. (804) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal government,
the State, or any other public or private source will be utilized, if available, as appropriate
in carrying out this Plan. In addition, the Agency may make loans as permitted by law to
public or private entities for any of its redevelopment purposes.
E. (805) Rehabilitation Loans. Grants. and Rebates
To the greatest extent by State Law, the Agency and the City may commit funds from
any source to rehabilitation programs for the purposes of loans, grants, or rebate
payments for self-financed rehabilitation work. The rules and regulations for such
programs shall be those which may already exist or which may be developed in the
future. The Agency and the City shall seek to acquire grant funds and direct loan
allocations from State and federal sources, as they may be available from time to time,
for the carrying out of such programs.
Rosenow Spevacek Group, Inc.
April, 1998
25
c..-7g
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
SECTION IX. (900) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all
reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and
to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the
City may include, but shall not be limited to, the following:
1. 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 the requirement of abandonment and relocation by
the public utility companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this Plan shall
be deemed to require the cost of such abandonnient, removal, and
relocation to be borne by others than those legally required to bear such
costs.
2. Institution and completion of proceedings necessary for changes and
improvements to publicly-owned parcels and utilities in the Project Area.
3. 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.
4. Imposition, whenever necessary and applicable, of appropriate design
controls within the limits of this Plan in the Project Area to ensure proper
development and use of land.
5. Provisions for administration/enforcement of this Plan by the City after
completion of development.
6. The undertaking and completion of any other proceedings necessary to
carry out the Project.
7. The expenditure of any City funds in connection with redevelopment of
the Project Area pursuant to this Plan.
8. Revision of the City zoning ordinance, adoption of specific plans or
execution of statutory development agreements to permit the land uses and
facilitate the development authorized by this Plan.
-
Rosenow Spevacek Group, Inc.
Aprii, 1998
26
(.-""7'1
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City andlor the Agency, as appropriate.
The provisions of this Plan or other documents entered into pursuant to this Plan may also be
enforced by litigation or similar proceedings by either the Agency or the City. Such remedies
may include, but are not limited to, specific performance, damages, re-entry onto property,
power of termination, or injunctions. In addition, any recorded provisions which are expressly
for the benefit of owners of property in the Project Area may be enforced by such owners.
SECTION XI. (1100) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
A. (110 I) Amount of Bonded Indebtedness Outstanding At Anv One Time
The amount of bonded indebtedness, to be repaid in whole or in part from the allocation
of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding
at one time shall not exceed $50.0 mi!!ion, except by amendment to this Plan.
B. (1102) Amount of Cumulative Tax Increment Revenue
With respect to the Original Area only, the number of dollars of taxes which may be
divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment
Law, inclusive of payments to taxing agencies, shall not exceed $210.0 mi!!ion, except by
amendment of this Plan.
C. (1103) Time Frame to Incur Indebtedness
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, no loan, advance or indebtedness to be repaid from such allocations of
taxes established or incurred' by the Agency to finance in whole or in part the
Redevelopment Project shan be established or incurred after the dates set forth below in
this Section 1103. Such loan, advance or indebtedness may be repaid over a period of
time longer than such time limit. This limit shall not prevent the Agency from incurring
debt to be repaid from the Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the Agency's housing obligations under Section 33413 of the
Redevelopment Law. In addition, this limit shall not prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the dates set forth below in this
Section 11 03, if the indebtedness is not increased and the time during which the
indebtedness is to be repaid does not exceed the date on which the indebtedness would
have been paid.
Original Area January 1,2004
Rosenow Spevacek Group, Inc.
April, 1998
27
C-~O
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
Added Area
,2018
D. (1104) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions which shall run in
perpetuity, the provisions of this Plan shall expire on the dates set forth below in this
Section 1104. After this time limit, the Agency shall have no authority to act pursuant to
this Plan except to pay previously incurred indebtedness, collect tax increment revenue,
and enforce existing covenants, contracts, or other obligations.
Original Area July 16,2014
Added Area ,2028
E. (1105) Time Frame to Co!!ect Tax Increment Revenue
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, the Agency shall not pay indebtedness with the proceeds of property
taxes received pursuant to Heath and Safety Code Section 33670 or receive property
taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the
duration of this Plan pursuant to Section 11 04. These limitations shall not be applied to
limit the allocation of taxes to the Agency to the extent required to eliminate project
deficits created under subdivision (g) of Section 33334.6 of the Redevelopment Law in
accordance with the plan adopted pursuant thereto for the purpose of eliminating the
deficits or to the extent required to implement a housing program requirement pursuant to
Section 33413 of the Redevelopment Law. In addition, these limitations shall not affect
the validity of any bond, indebtedness, or other obligation, including any mitigation
agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized
by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January
I, 1994, or the right of the Agency to receive property taxes, pursuant to Health and
Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation.
SECTION XII. (1200) PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in Sections 33450-33458 of
the Redevelopment Law or by any other procedure hereafter established by law.
Rosenow Spevacek Group, Inc.
April, 1998
28
c.-5?/
Chula Vista Redevelopment Agency
Draft Amended Bayfront Redevelopment Plan
EXHIBIT A
PROJECT AREA MAP
e-P~
,
~
NORTH
Bayfrc;>nt Redevelopment Project Area Map
11r.~JI.""~--~1
1t..~'!!!J}.I..~Jr-"':I"~
ROSENOW SPE~":93 GROUP
1 N C.
EXHIBIT B
LEGAL DESCRIPTION
c-~1
LEGAL DESCRIPTION
BA~RONT REDEVELOPMENT PROJEC~~REA
ORIGINAL AREA
Page 1 of 3
LEGAL DESCRIPTION - PEDEVELOPMENT PROJECT
Those portions of Quarter Sections 160, 161, 162, 163, 164,
165, 169, 170, 171, 172, 174, 179, 180 and all of 173 of Rancho
de la Nacion according to Map thereof No. 166, filed in the office
of the County Recorder, San Diego County, State of California On
May 11, 1869, described as follows:
Beginning at the intersection of the northerly boundary line
of the City of Chula Vista with the westerly right of way of 1-5
Freeway as shown on the State Division of Highways right of way
Map L.O.-2532; thence along said boundary line South 72014'13"
West a distance of 832.74 feet to an intersection with the Ordinary
High Water Mark per Misc. Map No. 399 filed in said County Recorder's
Office on September 12, 1960; thence southe~ly along said Ordinary
High Water Mark, per said Misc. Map No. 399, the following courses,
South 10016'44" West a distance of 204.88 feet;
South 28014'44" West, a distance of 305.05 feet;
South 8029'44" West, a distance of 201.97 feet;
South 35006'44" West, a distance of 419.14 feet;
South 78059'44" West, a distance of 225.53 feet;
North 80053'16" West, a distance of 802.05 feet;
South 61040'44" West, a distance of 200.92 feet;
South 11005'44" West, a distance of 277.74 feet;
South 55054'44" West, a distance of 140.91 feet;
North 64051'16" West, a distance of 132.01 feet;
South 81052'44" West, a distance of 146.66 feet;
South 00054'16" East, a distance of 203.07 feet;
South 32047'16" East, a distance of 227.40 feet;
South 12000'16" East, a distance of 701.70 feet;
South 30042'44" West, a distance of 769.45 feet;
South 2023'07" East, a distance of 271.42 feet;
South 8012'34" East, a distance of 140.15 feet;
South 19046'24" East, a distance of 132.28 feet;
South 43"00'53" East, a distance of 300.28 feet;
South 34043'23" East, a distance of 312.67 feet;
South 28046'13" East, a distance of 297.16 feet;
South 79021'43" East, a distance of 213.97 feet;
South 60035'53" East, a distance of 176.18 feet;
South 80028'33" East, a distance of 340.97 feet;
South 68"40'03" East, a distance of 587.67 feet;
South 59004'43" East, a distance of 155.72 feet;
South 39039'13" East, a distance of 266.82 feet;
South 31015'03" East, a distance of 368.98 feet;
South 34045'03" East, a distance of 351.40 feet;
South 25058'03" East, a distance of 221.17 feet;
South 19007'33" East, a distance of 234.36 feet;
South 31019'33" East, a distance of 291.81 feet;
South 38000'03" East, a distance of 328.06 feet;
North 84047'57" East, a distance of 339.65 feet;
.South 67000'03" East, a distance of 228.93 feet;
South 38007'39" East, a distance of 182.42 feet;
South 58028'01" East, a distance of 297.87 feet;
South 40032'01" East, a distance of 525.67 feet;
t -<'; S-
LEGAL DESCRIPTION
BAY~ONT REDEVELOPMENT PROJECT ,EA
ORIGINAL AREA
Page 2 of 3
South 38043'31" East, a distance of 344.37
South 30019'01" East, a distance of 392.81
South 24018'01" East, a distance of 233.29
South 20056'01" East, a distance of 453.59
South 57045'01" East, a distance of 230.78
South 22027'01" East, a distance of 184.92
south 14012'01" East, a distance of 489.75
South 04001'31" East, a distance of 568.83
South 07003'31" East, a distance of 578.95
South 03039'44" West, a distance of 731.02
South 12036'46" East, a distance of 323.50
South 08035'44" West, a distance of 440.99
South 12041'44" West, a distance of 496.12
Sou~h 10003'14" West, a distance of 717.25
South 06047'14" West, a distance of 201.63
boundary line of the City of Chula Vista;
thence leaving the Ordinary High Water Mark; North 72010'54" East
(North 72011'13" East per State Division of Highways right of way
Map L.O.-2524) a distance of 2082.30 feet along said southwesterly
boundary line of the City of Chula Vista and its easterly pro-
longation to a point on the westerly access control line of the
I-5 Freeway per said right of way Map L.O.-2524, North 02017'09"
West along said right of way and westerly access control line a
distance of 88.29 feet; thence
North 49058'39" West, a distance of 100.55 feet; thence
North 05025'48" West, a distance of 115.00 feet; thence
North 07043'00" West, a distance of 300.17 feet to a point on the
arc of a non-tangent curve, concave easterly, having a radius of
2,982.00 feet and whose center bears North 84047'40" East from said
point; thence northerly along the arc of said curve, through a
central angle of 03053'11", a distance of 202.27 feet, thence
North 01019'09" West, tangent to said curve, a distance of 399.37
feet to the beginning of a tangent curve, concave westerly, having
a radius of 1120 feet, thence northerly along the arc of said curve,
through a central angle of 16012'44", a distance of 316.91 feet,
thence North 20057'22" West, a distance of 425.72 feet to the
beginning of a tangent curve, concave westerly, having a radius of
443.00 feet, thence along the arc of said curve, through a central
angle of 09047'22", a distance of.75.69 feet; thence North 30044'44"
West, tangent to said curve, a distance of 144.60 feet; thence
North 21"24'10" West, a distance of 203.03 feet; thence North
19008'16" West, a distance of 269.28 feet; thence
North 48055'38" West, a distance of 50.25 feet; thence
North 05015'11" West, a distance of 122.92 feet; thence
North 12029'48" West, a distance of 1,096.45 feet; thence
South 77030'12" West, a distance of 52.17 feet; thence
North 12030'35" West, a distance of 464.96 feet to the beginning of
a tangent curve, concave northwesterly having a radius of 1,718.00
feet; thence northerly, along the arc of said curve, through a
central angle of 14020'29", a distance of 43.0.02 feet; thence North
.26051'04" West, tangent to said curve,' a distance of 499.24 feet;
North 14040'05" West, a distance of 261.47 feet to a point on the
arc of a non-tangent curve, concave westerly, having a radius 'of
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet to
the southwesterly
C-~b
LEGAL DESCRIPTION
BAYERONT REDEVELOPMENT PROJECT.....REA
ORIGINAL AREA
Page 3 of 3
2,018 feet and. whose center bears South 82014'45" Wes': from said
point; thence northerly, along the arc of said curve through a
central angle of 05051'24", a distance of 206.28 feet; thence North
13036'39" West, tangent to said curve, a distance of 680.35 feet,
to the beginning of a tangent curve, concave westerly, having a
radius of 2,018.00 feet, thence northerly along the arc of said.
curve, through a central angle of 04032'45", a distance of 160.11
feet; thence North 18009'24" West, a distance of 695.06 feet to
the beginning of a tangent curve, concave westerly having a radius
of 2,018.00 feet; thence northerly, along the arc of said. curve,
through a central angle of 06036'22", a distance of 232.67 feet;
thence North 24045146" West, tangent to said curve, a distance of
441,19 feet to the beginning of a tangent curve, concave south-
easterly, having a radius of 30.00 feet; thence northeasterly along
the arc of said curve, through a central angle of 96048'10" a
distance of 50.69 feet; thence North 72002',2.4" East, tangent to
said curve, a distance of 37.86 feet; thence North 17058'13" West,
a distance of 128.93 feet to a point on the arc of a non-tangent
curve, concave northerly, having a radius of 458.34 feet and whose
center bears North 10030'53" West from said point; thence westerly,
along the arc of said curve, through a central angle of 03025'15",
a distance of 27.37 feet; the"ce North 22023'10" West, a distance
of 1158.90 feet; thence South 77005'30" West, a distance of 119.55
feet; thence
North 17053'22" West, a distance of 134.95 feet; thence
North 68015'12" East, a distance of 120.68 feet; thence
North 11012'13" West. a distance of 55.28 feet; thence
North 17011'55" West, a distance of 1,169.58 feet to the beginning
of a tangent curve, concave westerly having a radius of 1,688.30
feet; thence northerly along the arc of said curve, through a central
angle of 7051'23" a distance of 231.50 feet; thence North 31043'24"
West, a distance of 771.55 feet; thence North 17043'19" West, a
distance of 623.38 feet; thence North 45037'35" West, a distance of
226.30 feet to the easterly line of the Coronado Branch of the
San Diego and Arizona Eastern Railway Company right of way; North
17044'21" West along said easterly line a distance of 669.90 feet;
thence, North 05035'01" West, a distance of 194.76 feet; thence
North 32056'49" East, a distance of 252.07 feet; thence
North 72014'13" East, a distance of 149.49 feet to a point on a
280 foot radius curve, concave southerly, whose center bears South
42027'53" West from said point; thence northwesterly along the arc
of said curve through a central angle of 52043'36", a distance of
257.67 feet; thence South 72016'22" West a distance of 88.05 feet;
thence North 17043'37" West a distance of 50.00 feet to the Point
of Beginning.
Written by: APM
Checked by: WFG
Revised: 5/2/74
C -<27
LEGAL DESCRIPTION
BAYF~ONT REDEVELOPMENT PROJECT ~~EA
ADDED AREA
.rage , (.)1. ~
CITY OF CHULA VISTA
BAYFRONT REDEVELOPMENT PLAN
AMENDMENT
LEGAL DESCRIPTION
Being a portion of Parcel No. 3 of those tide and submerged
lands, conveyed to the San Diego Unified Port District pursuant
to section 14, Chapter 67, Statutes of 1962, First Extraordinary
session, as amended, as delineated on that certain Miscellaneous
Map No. 564 filed May 28, 1976 in the Office of the County
Recorder of the County of San Diego, California, being an area
within the corporate limits of the city of Chula Vista, lying
westerly of the Ordinary High Water Mark, south of "F" Street,
being more particularly described as follows:
BEGINNING at the intersection of the southerly right of way line
of "F" street (subsequently renamed Lagoon Drive) in the City of
Chula Vista with the Ordinary High Water Mark for the Bay of San
Diego, as said Ordinary High Water Mark was established and
delineated on the above described Miscellaneous Map No. 564, said
intersection having California Coordinate System (NAD 1927) Zone
6 grid coordinates North 170,977.24, East 1,736,531.20, said
intersection also bears south 45006'22" east, 3,282.30 feet from
u.s. Coast and Geodetic horizontal control monument Station
"COTTONSEED 1933" having coordinates North 173,293.88, East
1,734,205.97; thence along said ordinary High Water Mark south
19007'58" east, 227.22 feet to Station 102; thence south
31"19'56" east, 291.82 feet to station 103; thence south
38"00'25" east, 328.08 feet to Station 104; thence north
84"47'56" east, 339.69 feet to Station 105; thence south
66"58'55" east, 228.90 feet to Station 106; thence south
38"06'27" east, 182.43 to station 107; thence south 58"28'34"
east, 297.91 feet to station 108; thence south 40"32'42" east,
525.72 feet to station 109; thence south 38"44'12" east, 344.40
feet to station 110; thence south 30"19'44" east, 392.83 feet to
station Ill; thence south 24"18'45" east, 233.30 feet to station
112; thence south 20"56'4~" east, 453.60 feet to station 113;
thence south 57"45'35" east; 230.81 feet to Station 114; thence
south 22"27'45" east, 184.92 feet to station 115; thence south
14"12'45" east, 489.75 feet to Station 116; thence south 4"02'14"
east, 568.80 feet to Station 117; thence south 7"04'15" east,
578.93 feet to station 118; thence continuing along said ordinary
High Water Mark south 3"39'02" west, 175.00 feet to an
intersection with the most southerly top of bank line of the
southerly peninsula, Chula Vista Harbor, said top of bank also
being parallel with and distant 190.0 feet, more or less,
southerly from the center line of "J" Street (renamed Marina
Parkway), said intersection having coordinates North 166,168.01,
East 1,739,375.04; thence along said top of bank and 190.0 feet
parallel line south 72"05'20" west, 2,960.08 feet to an
C -<2 g
LEGAL DESCRIPTION
BAY~RONT REDEVELOPMENT PROJECT~REA
ADDED AREA
t'age L. O~ L.
intersection with the U.S. Pierhead Line, as said Harbor Lines
are now established and approved by the Secretary of the Army
August 18, 1965, filed in the Office of the District Engineer,
Los Angeles, california, said intersection having coordinates
North 165,257.66, East 1,736,558.43; thence along said u.s.
pierhead Line north 25023'13" west, 101.64 feet to Harbor Line
station 489-B; thence along the combined U.S. pierhead and
Bulkhead Line north 25023'13" west, 5,394.43 feet to an
intersection with the westerly prolongation of the said southerly
right of way line of "F" Street, having coordinates North
170,223.00, East 1,734,202.11; thence along said southerly right
of way line north 72003'22" east, 2,448.18 feet to the TRUE POINT
OF BEGINNING, containing approximately 397.6 acres of tideland
area.
Bearings, Distances, and Coordinates referred to in the above
description are based on the State of California Coordinate
System, (N.A.D. 1927) Zone 6.
APPROVED BY
DATE
1:ll~~~
SENIOR DIRECTOR / PUBLIC WORKS
SAN DIEGO UNIFIED PORT DISTRICT
ft} hi /i 7
J I
RCE NO.
'2 '75/2...
EXPIRES
"/ /"J;JeJ / cJ /
/7219
c-rgCf