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HomeMy WebLinkAboutOrd 1978-1827 78-370769 - . '78=3'7Q:69 i• • , kttuff110: ' FILEJP",E N0. � c;t� a� cr,�l� v; s-t-R � ��15 =���x �s,e •,.- RECL�nUED R�QUEST OF Z 7(� Fo u ��f� �U�- • C Nu'�A v;S'r/� G h u I H U �5'}A, CR -•--- CITY CLERK a�� 30 �o z� �� ��a 9ao�a 1827 ORDINANCE N0. OfFICIAL3;COR."•S ISAH OIECO COUti7Y��:4UF� _ HARLEY F.9�,Q[�N AN ORDINANCE Of THE CITY Of CHULA VISTA k�COROEA. APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE REDEUELOPMENT NO FfE PROJECT N0. II WHEREAS, the Chula Vista Redevelopnent Agency, City of Chula Vista, California, hereinafter referred to as the "Agency", has formulated, prepared and approved the proposed Redevelopment Plan for the Town Centre Redevelopment Project No. II and has recommended that this City Council approve said Redevelopment Plan; and, 41FEREAS, the Planning Cortmission of the City of Chula Vista has submitted its report and recortmendation, recomnending approval of said proposed Redevelopment Plan; and, WHEREAS, the Town Centre Project Area Cortmittee has submitted its report and recortmendation, recomnending approval of said proposed Redevelopment Plan;. and; 41HEREAS, the Agency has adopted rules for owner participation in the Project area; and, 6lHEREAS, the Agency has adopted rules for preference for re-entry in business in the project area by persons engaged in business; and, WHEREAS, the Agency will provide relocation assistance in accordance with approved laws through an agreement with the Central Relocation Office of the City of San Dieno; and, WHEREAS, the Agency submitted to the City Council said Redevelop- ment Plan; and, WHEREAS, after due notice a full and fair Joint Public Hearing has been held by the Agency and this City Council ; and this Council has received and heard all supporting written and oral testimony and all written and oral objec- tions and this City Council is fully advised in the premises; and, WHEREAS, all action required by law has been taken by all appropriate public agencies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the •Project area are to: (1) Eliminate the conditions of blight in the Project area; (2) Insure, as far as possible, that the causes of blighting conditions will be either eliminated or protected against; • (3) Provide participation for owners and business tenants in thc Prn�crt arca� . (4) Encourage and insure the rehabilitation, rebuilding, and redevelopnent of the Project area; (5) Encourage and foster the economic revitalization of the Project area; , ���� . . . � � � 11 G . , . . . � • . .. , (6) Develop and rebuild public facilities in the Project area to provide safer and more efficient , public services. Section 2. The Redevelopnent Plan for the Town Centre Redevelopment Project No. II is hereby i_ncorporated herein by reference and made a part hereof as fully as if set out at length herein. Section 3. The Redevelopment Plan for the Town Centre Redevelopment Project No. II (incorporated by Section 2 above) is approved and adopted hereby and designated the Official Redevelopment Plan for the Town Centre Redevelopment Project No. II. , Section 4. The City Council hereby finds and determines that: (1) The Project area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Cortununity Redevelopment Law of the State of California; (2) The Redevelopment Plan for the Town Centre Redevelopment Project No. II will redevelop the Project area in con- formity with the Comnunity Redevelopment Law of the State of California and in the interest of the public peace, health , safety and welfare ; - (3) The adoption and carrying out of the Redevelopment Plan for the Town Centre Redevelopment Project No. II is economically sound and feasible; (4) The Redevelopment Plan for the Town Centre Redevelopment Project No. II conforms to the General Plan of the City � of Chula Vista; � (5) The carrying out of the Redevelopment Plan for the Town Centre Redevelopment Project No. II will promote the public peace, health, safety and welfare of the City of Chula Vista and will effectuate the purposes and policies of the Cormnunity Redevelopment Law of. the State of California; � (6) The condemnation of real property, as provided for in the Redevelopment Plan for the Project area, is necessary to the execution of the Redevelo�nent Plan and adequate provisions have been made for payment for property to be acquired as provided by law; (7) The Agency has a feasible method and plan for the " relocation of families and persons to be displaced from housing facilities in the Project area; (8) There are, or are being provided, in the Project area: , or in other areas not generally less desirable in • regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced for the Project area, dece�t, safe, and sanitary dwellings equal in number to the number of and available to such � displaced families and persons and reasonably acces- sible to their olaces of employment. (o; ?he Red�ve?opment Plar for the Projett area aii71 - afford a maximum opportunity consistent with the sound needs of the locality as a whole for the Redevelopment of such area by private enterprise. ��� -2- . , - . � . � . ,. , 117 Section 5. The City Council is satisfied permanent housing � facilities will be available within three years from the time occupants of the Project area are displaced and that pending the developnent of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Chula Vista at the time of their displacement, - Section 6. A full and fair hearing having been held as stated in the recitals herein, and this City Council being full advised in the premises , all written and oral objections to the Redevelopment Plan are hereby overruled. Section 7. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, certain official actions must be taken by the City, and this City Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Redevelopment Plan, including, without- limitation, changes in zoning, the location and relocation of public facilities, and other similar public actions, and in pursuit thereof, and without limitation, the City Council hereby: (a) Pledges• its cooperation in helping to carry out such Redevelopment Plan; (b) Directs _the various officials, departments , board and agencies of the City of Chula Vista having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Rede- velopment Plan; and, (c) Agrees that any agreements, deeds or leases submitted by the Agency to the City Council for its. approval or disapproval will be deemed approved if not acted upon within thirty (30) days after submission t6 the City Council . Section 8. The City Clerk is hereby directed to send a certified copy of this ordinance to t e Agency and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Rlan for the Town Centre Redevel - , opment Project No. II. Section 9. The City Clerk is hereby directed to record with the County Recorder of San Diego County a description of the land within the Prroject area and a statement that proceedings for the redevelopment of the Project area have been instituted under the California Corrununity Redevelopment Law. Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code. Section 10. The City Manager of the City of Chula Vista is hereby directed, for a peri-'o wo years after the effective date of this ordinance, to advise all applicants for building permits within the Project area that the site for which a building permit is sought for the construction of buildings or for othe5� improvements is within a redevelopment project area. Section 11. The City Clerk is directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 9 of this ordinance, on or before January lst next, a copy of this ordinance and a map or plat indicating the boundaries of the Project area to the Auditor and Tax Assessor of San Diego County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project area, and to the State Board of Equalization. Section 12. This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and shall be published within fifteen days of its passage in the Chula Vista Star-News, a newspaper of general circulation in the City of Chula Vista. Presented by• , Approved as to form by: //�.'/ /j ' � �� � � / � i � _ / / i/ . , �s-�c s � ��it/"t/ �j,.� ./���:'� //-!.:.�1� . '_" �� t Paul G. Desrochers George D. Lindberg ' Co�uni[y Development Director City Attorney ��27 i� -3- � � " ' ' � ' 118 . FIRST READ AT A JOINT MEETINC OF THE CITY COUNCIL�REDEVELOPMENT AGENCY OF THE CITY OF CHU�A VISTA, CALIFORNIA, HELD AUGUST , 19 78 , AND FINALLY PASSED AND ADOPTED AT A REGULAR i�1EETIPJG THEREOF HELD AUGUST IS , 197�_, by The following vote, to—wit: AYES� Councilmen ; _ Er,naH�. c i i i ow oTT OX NAYES� Councilmen ; NONE ABSTAIN: Councilmen : NONE ABSENT: Councilmen : HYDE /SI GREGORY R� COX MAYOR PRO TEMPORE ATTEST �S� JENNIE M� FULASZ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of ihe City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE N0 � 1�?� ,and that ihe same has not been amended or repealed. DATED AU6UST`Z9, 1��g :"z�_ s��.�,�`t:. ..;��-'"�__�.'f . r>� "-= _ _ '�*: , ':-=i:' - =—.'.\�t:; � �t�'! r-_':_ __- ::`- `f`•r =-[`.l'':'.—_.i+"'�/�', l:__ �-�r'•--t: _�i t S:rY; i 'I iti � '� � � ie 'II� ' �jy.��' —1�x`•« •'-1'•� r��' \�iC�� <•";.� •,•S500I'�;- •' •� �t�;T�l City Clerk `f! . y4':�"',�;.i��':.. '�`y\�". �'�' ;F.l�loq +-o_J i . <•4 'C��;�::_.- ?Ji`,-r°�:s�` '::�;=��..=:4:�,� � �;'a� ' r.,.. S r -�-- cc-oso . . .. .; �, � � _ 4' '� i� - � 1 ORDINANCE N0. 18�' 1 AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE REDEVELOPMENT PROJECT N0. II WHEREAS, the Chula Vista Redevelopment Agency, City of Chula Vista, California, hereinafter referred to as the "Agency", has forinulated, prepared ,and approved the proposed Redevelopment Plan for the Town Centre Redevelopinent Project No. II and has recomnended that this City Council approve said Redevelopment Plan; and, WFEREAS, the Planning Corrmission of the City of Chula Vista has submitted its report and recomnendation, recomnending approval of said proposed Redevelopment Plan; and, WHEREAS, the Town Centre Project Area Comnittee has submitted its report and recortmendation, recortmending approval of said proposed Redevelopment Plan; and, IJHEREAS, the Agency has adopted rules for owner participation in the Project area; and, LIHEREAS, the Agency has adopted rules for preference for re-entry in business in the project area by persons engaged in business; and, IJHEREAS, the Agency will provide relocation assistance in accordance with approved laws through an agreement with the Central• Relocation• Office of the City of San Diego; and, WHEREAS, the Agency submitted to the City Council said Redevelop- ment Plan; and, 4JHEREAS, after due notice a full and f.air Joint Public Hearing has been held by the Agency and this City Council ; and this Council has received and heard all supportin9 written and oral testimony and all written and oral objec=_ ticns and this City Council is fully advised in the premises; and, WHEREAS, all action req0ired by law has been taken by all appropriate public agencies. , NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Project area are to: (1) Eliminate the conditions of blight in the Project area; (2) Insure, as far as possible, that the causes of blighting conditions will be either eliminated or protected against; (3) Provide participation for owners and business tenants in the Project area; (4) Encourage and insure the rehabilitation, rebuilding, and redevelopment of the Project area ; (5) Encourage and foster the economic revital�ization of the Project area; � � �-♦ • , ' , + . 1 + . (6) Develop and rebuild public facilities in the Project area to provide safer and more efficient public services. Section 2. The Redevelopment Plan for the Town Centre Redevelopment Project No. II is hereby incorporated herein by reference and made a part hereof as fully as if set out at length herein. Section 3. The Redevelopment Plan for the Town Centre Redevelopment Project No. II (incorporated by Section 2 above) is approved and adopted hereby and designated the Official Redevelopment Plan for the Town Centre Redevelopment Project No. II. . Section 4. The City Council hereby finds and determines that: (1) The Project area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California; (2) The Redevelopment Plan for the Town Centre Redevelopment Project No. II will redevelop the Project area in con- formity with the Comnunity Redevelopment Law of the State of California and in:the interest of the public peace, health , safety and welfare; (3) The adoption and carrying out of the Redevelopment Plan for the Town Centre Redevelopment Project No. II is economical.ly sound and feasible; (4) The Redevelopment Plan for the Town Centre Redevelopment Project No. II conforms to the General Plan of the City of Chula Vista; (5) The carrying out of the Redevelopment Plan for the Town Centre Redevelopment Project No. II will prombte the public peace, health, safety and welfare of the City of ' Chula Vista and will effectuate the purposes and policies of the Cormnunity Redevelopment Law of, the State of California; (6) The condemnation of real property, as provided for in the Redevelopment Plan for the Project area, is necessary fo the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as prrovided by law; (7) The Agency has a feasible method and plan for the relocation of families and personsrto be displaced from housing facilities in the Project area; (8) There are, or ar.e being provided, in the Project area: or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced for the Project area, decent, safe, and sanitary dwellings equal in number to the number of and available to such - displaced families�and persons and reasonably acces- sible to their olaces of employment. (9) The Redevelopment Plan for the Project area will - afford a maximum opportunity consistent with the sound needs of the locality as a whole for the Redevelopment of such area by private enterprise. � _p_ � , . . •. � • - _. • ', � , t ' Section 5. The City Council is satisfied permanent housing facilities will be available within three years from the time occupants of the Project area are displaced and that pending the development of such facilities there will be available to such di�splaced occupants adequate temporary housing facilities at rents comparable to those in the City of Chula Vista at the time of their displacement, Section 6. A full and fair hearing having been held as stated in the recitals herein, and this City Council being full advised in the premises , . all written and oral objections to the Redevelopment Plan are hereby overruled. Section 7. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, certain official actions must be taken by the City, and this City Council hereby declares its intenti,on .to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Redevelopment::Plan, including, without! limitation, changes in zoning, the location and relocation of public facilities, and other similar public actions, and in pursuit. thereof, and without limitation, the City Council hereby: (a) Pledges its cooperation in helping to carry out such Redevelopment Plan; (b) Directs the various officials, departments , board and agencies of the City of Chula Vista having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Rede- velopment Plan; and, (c) Agrees that any agreements, deeds or leases submitted by the Agency to the City Council for its approval or disapproval will be deemed approved if not acted upon within thirty (30) days after submission to the City Council . Section 8. The City Clerk is hereby directed to send a certified copy of this ordinance to t e Agency and the Agency is hereby vested with the responsibility for carrying out the Redevelopment R.lan for the Town Centre Redevel - opment Project No. II. Section 9. The City Clerk is hereby directed to record with the County Recorder of San Diego County a description of the land within the Project area and a statement that proceedings for the redevelopment of the Project area have been instituted under the California Community Redevelopment Law. Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code. Section 10. The City Manager of the City of Chula Vista is hereby directed, for a perio�To�two years after the effect•ive date of this ordinance, to advise all applicants for building permits within the Project area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. . Section 11 . The City Clerk is directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 9 of this ordinance, on or before January lst next, a copy of this ordinance and a map or plat indicating the boundaries of the Project area to the Auditor and Tax Assessor of San Diego County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project area, and to the State Board of Equalization. Section 12. This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and shall be published within fifteen days of its passage in the Chula Vista Star-News , a newspaper of general � circulation in the City of Chula Vista. Presented by• Approved as to form by: �� � ////// ,c�.���t�� / 1 �!iTrA/!/ _ J � //`-' ' Paul G. Desroctiers Ge ro ge D. Lindberg }' Co�unity Development Director City Attorney ' � 1 FIRST f2EAD �AT A �J�INT MEETING OF THE CITY CO:INCIL�REDEVELOPP±ENT AGENCY OF 7HE CITY OF CH'JLA VISTA, CALIFORNIA, HELD AUGUST 3 , 197�_, AND FIPJALLY PASSED AND ADOPTED Ai A REGULAR. hIEETIfdG THEREOF HELD nuGUS7 15 , 197 8 , by ihe fo!lowing vote, to—wit: AYES� Counciimen : _FGPAHI , 6il I �;�1, SfOTT, COX NAYES: Councilmen : "dOyE ABSTAIN: Ca:ncilmen : �'!0�`�E ASSEUT: Councilmen : HYDE . ' AYOR PRO TE PORE _. ATTE City lerk STATE OF CALIFOR�VIA ) COUNTY 0� SAN D1EG0 ) ss. CITY OF CNULA VlSTA ) - I, JENNIE M. FI;LASZ, ChiC, CITY CLE�K of the City of Chula Vista, Cclifornia, . DO HEREBY C=RTIFY that ths above and foregoing is a full, true ond correci capy ot 18��' ,and that the same has not been amendedor repealed. DATED (seal) City Clerk ��� Town Centre No. 2 Redevelopment Plan � � � ' �. 119 .. TOUJN CEIVTRE No. 2 (�EDEUE �OPMEI�T P� (�N � � ` � � � � �.�� �� 1 � � \ ,� � I��� \ .� �,- � , -.:�.�i� ;. r r `� � � ' �� \ �� �, \ ',\ / � i/ � � ��� � �. �� � � `�� �� � � �Y � / � � � / �� \ , �\ � I 'S i � \\`` \ , i 4 �\ ' •`�I � \ ° �q /� � � � \` r �:`� � �� ; � � � i � `\ ��` I�, s1, ; �. , ; _� � �,;. _G _� _ _.�: _ �� `� ''` '�' — �� '� �s"-_`== __;� � � N, � ,� ��� _�:��:_� -� ',� � -.i �� .�.�. = - � - �- i=� �_ 1 � aa- � _�_ -- \ .--' \ -- ���-�' __=3:� ,. `� - �-- �•\ _ �_�� ..�.a`-' --- � -- ��1 '- _ �"�� _ � �-�-=_:7 � �. . '-7i'�� -�_ _._"'�; ,:�� -��3. � n - �__ , � -_� \ . i,,l��/ �:��''`-,"-�=� ` '� h: %- 4�.y--_�-� ��@ —� ' �Qti�� 1• ��" �� =.ai���i_. � _ .� L .` T, i' � _.. _ -'e...3:t:. -_-s.� � � _ \�'\e �"I • � �° -=�-C_y:� '==s�J -� "ri: _-z:. I -— _ . .._ __ '. . __ ' P�� 1� Il�� � Ya°c"` -a -3 ` _�,� .�-_..._ � '� �_r��� '� - �a-- � �;{�:—'..s�ii—' _ ' _ ' = j "�t$A'��`7_`r.�.: � _-___ :'it;: �' =�:�3� —'�i -� •.-•r.. 'i'� - ' . . _ " - .. .� J f � a-� Town Centre No. II Project Redevelopment Plan . . . �ao . . . , , . City of Chula Vista Redevelopment Agency Tbwn Centre No. II Project Redevelopment Plan i �}'l .. � 121 . . , . , ., . :. , . . TOWN CENTRE N0. II PROJECT AREA REDEVELOPMENT PLAN City Council/Agency t4embers Will T. Hyde, Mayor/Chairman Frank A. Scott Lauren I. Egdahl Greg R. Cox George B. Gillow Pro,ject Area Committee Members Thomas Huntington, Chairman Kyle Stewart Vivian Dennie Stanley Glenn Phil Creaser Otis Pemberton Joe Ochoa Prepared by: The Cortenunity Development Department City of Chula Vista Lane F. Cole, Executive Director Paul G. Desrochers, Cormnunity Development Director George D. Lindberg, City Attorney Clifton E. Reed, Special Counsel Daniel M. Pass , F1IP, Senior Planner l ��� ' � � � � 122 . . � . . TABLE 0"F CONTENTS Article ' Page I INTRODUCTION 1 II GENERAL DEFINITIONS 2 III PROJECT AREA BOUNDARIES 3 IV PROPOSED REDEVELOPMENT ACTIONS (AGENCY) 5 V CONFORMITY �JITH GENERAL PLAN/PRELIh1INARY PLAN 11 VI PERMITTED USES AND CONTROLS 11 VII METHODS FOR FINANCING THE PROJECT 15 VIII ACTIONS BY THE CITY 16 IX ENFORCEMENT OF THE PLAN 17 X DURATION OF THE PLAN 18 XI Ah1ENDMENT 19 APPENDIX Exhibit A BOUNDARY MAP B PLAN DIAGRAM • I�a� , � � � :- � 123 � ARTICLE I - INTRODUCTION Section 100 Format and Preparation 100.1 The Redevelopment Plan for the Town Centre No. II Project Area of the City of Chula Vista consists of Part I : Plan Text, and Part II: Appendices. The 2edevelopment Plan has been prepared by the Redevelopnent Agency of the City of Chula Vista, California, pursuant to the Community Redevelopment Law of the State of California; the Charter of the City of Chula Vista; the By-Laws of the Redevelopment Agency of the City of Chula Vista; and all applicable local ordinances and State statutes. Section 110 Project Goal The goal of this redevelopment project is to revitalize the Town Centre No. II Project Area as the principal regional shopping center of the South Bay. Section 120 The objectives of the plan are: A. Elimination of blighting influences, includinq incompatible land uses, obsolete structures, inadequate parking facilities, unsightly or unattractive signage and graphics, and inadequate landscape and townscape planning. B. Elimination of environmental , economic, social , platting, and physical deficiencies. C. The strengthening of the mercantile posture of Town Centre No. II , and the improvement of retail trade therein. D. The renewal of Town Centre Plo. II 's physical plant and the improvement of its land use patterns and spatial relationships. E. The retention and expansion of viable land uses, cortrtnercial enterprises, and public facilities within the area. F. The attraction of capital and new business enterprises to the project area. G. The canprehensive beautification of the area, including its buildings, open space, streetscape, street furniture, graphics , and signage. H. Protection of peripheral residential enjoyment and land use integrity I. The accomnodation of future local and regional mass transit and related facilities; improvanent of offstreet parking areas and provision for a mini-transit intra-project system. ��� . . . _2_ � ° ' . > 124 . J. The,establishment of design standards to assure desirable site design and environmental quality. • • K. The fostering of cooperation between the Town Centre ��o. II Project Area and the Chula Vista Town Centre Project Area (No. I), and the protection of the goals , objectives, and econanic resurgence of the latter. L. The continuing promotion of Subarea 1 of the Chula Vista Town Centre (�1 ) Project Area, as the princioal center of specialty- goods purveyance in the South Bay Subreaion. ARTICLE II - GENERAL DEFINITIONS . Section 200 As used in this plan, the folloaina words shall mean: 200.1 A_9e�n�cY - The Redevelopment Agency of the City of Chula Vista, ,California 200.2 "Cjty" - The City of Chula Vista, California . 200.3 "City Council " - The City Council of the City of Chula Vista 200.4 "Cortmittee" - Chula Vista Town Centre Project Area Committee, �ahen acting as advisory comnittee for the Town Centre t�o. II Project Area. 200.5 "Planninq Cortmission" - The City of Chula Vista Planning Commission 200.6 "Ptan" - The Town Centre No. II Redevelopment Project Plan . 200.7 "Project Area" - The redevelopnent project consists of the Chula Vista/Sears Shopping Center complex. The legal descriation of this area is contained in Section 300 of this document. 200.8 "Redevelopment Law" - The Community Redevelopment Law of the State of California (California State Health and Safety Code, Sections 33000 et. seq. ) 200.9 "Specific Plan" - A precise plan primarily designated to implenent the redevelopment plan for the Town Centre No. II area. 200.10 "State" - The State of California 200.11 Urban Core - The heart of the City of Chula Vista. The urban core includes the Central Business District and the Civic Center, and lands imnediately peripheral thereto. The Town Centre No. II Project Area is situated close to the core, and, • from the standpoint of trade and exchange, is an extension thereof. d�"� . � � ' � , .�3 � 125 . 200.12 "Zonind Plan" - A. specific plan under which .buildi'ng heights, building bulk, and land use are regulated, and under which territory is partitioned into regulatory districts or zones . Unless otherwise provided, the zoning plan shall mean the zoning maps and regulations of the City of Chula Vista 200.13 "Design Review Board"- A Design Revie�a Board, consisting of � � highly qualified persons with an interest in the fields of urban design and representatives from City staff.advises the Project Area Committee and Agency on matters of urban design and townscape plannin� significance within the Chula Vista Town Centre Project Area (No. I) , and reviews develop- mental proposals which would be sited therein. It is pr000sed that the jurisdiction of the Board be extended to the Town Centre No. II Project Area. The Board will evaluate develop- ment proposals as they relate to the Design Manual and the intent of this plan 200. 14 "Design Manual" - the Agency's official statement of design policy for the Town Centre No. I Project Area. It embodies developmental criteria and guidelines therefor. It is the project area's townscape plan, and addresses such matters as texture, spatial relationships, amenity, aesthetic quality, landscaping, courtyards, plazas, parking design, etc. The Town Centre No. II Addendum to the Design Manual shall provide the guidelines for the townscape planning of the Chula Vista/ _ Sears Shopping Center area. 200.15 "Procedure Manual"- The Procedures Manual of the Town Centre No. I Project Area, which was established for the use and guidance of the City/Agency staff, the Agency 3nd developers/ participants for the purpose of promoting a high-level of order � in the processing of developmental projects, shall also be applicable to projects proposed for the Town Centre No. II Area. ARTICLE III - PROJECT AREA BOUNDARIES . Section 300 Boundary Description . . 300. 1 The boundaries of the project are shown on the boundary map attached hereto as Exhibit A in the Appendix of this plan. A legal description of the boundaries of this project follows: �y1 �� :� . . � 126 . . , 4 . July 21 , 1978 File No. HO 002 TOWfI CENTRE NO. 2 Boundary Description Those portions of quarter sections 147, 148 , 163 and 164 of Chula Vista according to map thereof No. SOS, filed in the office of the County Recorder, County of San Diego, State of California, described as follows: Beginning at the southwest corner of Parcel "A" of Parcel Map No. 155 (records of said County) , being a point on the northerly line of "H" Street (80 ft. wide) ; 1 - thence westerly, along the northerly line of said "H" Street, a distance of 2040 ft. more or less to the westerly line of Broadway; 2 - thence southerly, along the westerly line of Broadway, a distance of 1400 ft. more or less to the southerly line of "Z" Street; 3 - thence easterly, along the southerly linTOlon„ationroftthe 2040 ft. more or less to the southerly p 9 westerly line of Custom Builders No. 2 subdivision per map thereof No. 3137, records of said County; 4 - thence northerly, along said westerly line, 1400 ft. more or less to the point of beginning. gy: William F, Gaines WFG:nr REVISED 7-21-78 I �y� . ;� . _5- 12� � ARTICLE IV - PROPOSED REDEVELOPMENT ACTIONS (Ar,ENCY) Section 400 feneral Surmiary 400.1 In order to achieve the objectives of the redevelopment olan, the A9ency proposes to undertake and implement the followi�a actions: ' A. Owner and Tenant Participation (Section 410) B. Cooperation with Public Entities (Section 420) , C. Property Management (Section 430) � D. Relocation of Residents and Businesses (Section 440) E. Dertwlition, Clearance, Public Improvements and Site Preparation (Section 450) F. Acquisition of Property (Section 460) G. Property Disposition (Section 470) Section 410 Owner and Tenant Participat�on 410. 1 Whenever uossible, persons who are owners of real property in the project area shall be given the ooportunity, pursuant to the rules promulgated by the Agency, to participate in redevelopment by the retention of all or a portion of their property, or by the acquisition of adjacent or other property from the Agency by purchase or exchange. Such participation in each case is contingent upon the execution by the owner of a binding agreement by which the oroperty retained or acquired will be developed in conformity with the olan and subject to the provisions thereof. 410.2 Owner participation will be subject to such factors as , but not limited to, the condition of the improvements , the re- duction in the total number of parking spaces within the project area, the elimination of certain land uses , the vacation of streets , the construction of new public improve- • ments, and the ability of owners to finance acquisition and development in accordance with the plan. 410.3 The Agency shall also extend reasonable preference to persons who are engaged in busirress in the project area to re-enter into business within the project area if they otherwise meet the requirements prescribed by the plan. � g�-� i . � _6_ ►- 128 . Section 420 Coor�eration with Public Entities ,� ,• 420. 1 Certain public entities are authorized by State law to cooperate with or wi �hout consideration in the planning and undertaking of the construction or operation of this project. The Agency shall seek the aid and cooperation of these public bodies and shall attempt to coordinate this plan with the activities of such public bodies in order to accomplish the purooses of redevelopment in the highest public good. 420.2 The Agency is authorized but not required to make payments in lieu of property taxes to one or more taxing agencies. The Agency recognizes that the power contained in Section 33670 of the Redevelopment Law can affect the capacity of taxing agencies to provide public services. Accordingly, the Agenc,y will not propose to utilize this method to finance this project. Section 430 Property Management 430. 1 During such time as property in the project area is owned by the Agency, said property shall be under the management and control of the Agency. Subject property may be rented or leased by the Agency pending its disposition for redevelop- ment. , Section 440 Relocation of Residents and Businesses � 440.1 Displaced residents shall be relocated by the Agency pursuant to the relocation plan approved by the Agency. The relocation plan may be amended by the Agency as necessary to accomplish the purposes set forth in this plan. 440.2 The Agency or its designated agent shall assist all who may be displaced by project activities in finding other dwellings or business locations. In order to carry out the project with a minimum of hardship to persons displaced from their homes, individuals and families shall be assisted in finding housing that is decent, safe, and sanitary, within their financial means , reasonably convenient in location and otherwise suitable to their needs. 440.3 The Agency shall make relocation payments to displaced persons � including families , business concerns and others for moving expenses and other direct losses of personal property or any other benefits as required by the California Uniform Relocation Law. � � �� , . 1 .. � . � . � _,_ �� 129 440.4 A. Whenever dwelling units housing persons and families of low or moderate income are destroyed or, removed from the low- and moderate-income housing market as part of the Town Centre ,#II redevelopment project, the agency shall , within four years of such destruction or removal , rehab- ilitate, develop or construct, or cause to be rehabili- tated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable rents within the project area or within the City of Chula Vista. B. (1) At least 30 percent of all new or, rehabilitated dwelling units developed within the project area by the agency shall be for persons and families of low " and moderate income. Of such 30 percent, not less than 50 percent thereof shall be for very low income households. (2) At least 15 percent of all new or rehabilitated dwelling units developed within the project area by public or private eritities or persons other than the agency shall be for.persons and families of low or moderate income. Of such 15 percent, not less than 40 percent thereof shall be for very low income households. • (3) The requirements of this subdivision shall apply in the aggregate to housing in the project area and not to each individual case of rehabilitation development, or construction of dwelling units. C. The agency shall require that the aggregate number of d��elling units rehabilitated, developed or constructed pursuant to subdivision (a) or (b) remain for persons or families of low or moderate income and very low income households , respectively, for not less than the period of the land use controls established in the redevelopment plan. �a1 � . � • 130 . . . _$_ Section 450 Demolition• Clearance Public Improvements and Site Preparation 450.1 The Agency is autliorized to clear buildings , structures , and other improvements from any real property in the project area as necessary to carry out the purposes of the plan. 450.2 The Agency is authorized to cause, provide, undertake or to make �rovisions with any person or public entity for the installation or construction of such oublic improvements or public utilities , either within or outside of the project area as are necessary to carry out the plan. Such public improvements include , but are not limited to, streets , curbs , gutters , sidewalks , street lights , sewers , storm drains , traffic signals, street trees , electrical distribution systems, natural gas distribution systems , water distribu- tion systems, fire hydrants , parks , plazas , motor vehicle parking facilities, landscaping and oedestrian malls. 450.3 The Agency is authorzed to orepare or cause to be orepared as a building site any real �rooerty owned by the Agency �aithin the limits of applicable law. 450.4 The Agency is authorized to rehabilitate any building or structure owned by the AgencV within the limits of applicable law. 450.5 The Agency is authorized to assist, through advice and en- couragement, the owners of real prooerty within the project area to conserve or rehabilitate their premises. 450.6 In accordance with City regulations , and as necessary in carrying out the olan, the Agency is authorized to move or cause to be moved any structure or building to a location �•iithin or outside of the project area. Section 460 Acquisition of Property 460. 1 The Agency may..acquire, but is not conoelled to acquire , all real .property located witf►�n the project area. The Agency may acquire real Property by aift, devise, exchange, ourchase, eminent domain, or any other lawful means within 12 years of the adoption of the plan . 460.2 In order to eliminate the conditions within the project area which make redevelooment necessary, and in order to implement the redevelopment plan , it is necessary, and in the public interest, for the Agency to use its nower of eminent domain to acquire real property in the project area. u a1 � . . . � � . . � � -9. , 131 460. 3 � The �Igency shall not acquire interest in oil , gas , or other mineral substances within the project area except where necessary to preclude drilling or excavation within the project area. 460.4 The Agency is not authorized to acquire publicly owned land in the project area in the absence of the involved public agenc"y's consent. However, the Agency is authorized to acquire public property if it becomes private property by deed, lease, or othenvise, before the Agency completes land acquisition within the entire project area. 460.5 The Agency is authorized to acquire any or all interests in real property or structures, including but not limited to, fee titles , deeds and easements . 460.6 The Agency may not acquire real property upon which an existing building is located unless the Agency proposes to rehabilitate, redevelop, or reorganize the real property in question, and the property owner has not agreed to the execution of an official owner participation agreement. 460. 7 The Aoency shall 9enerally not acquire personal property. However, where necessary in the implementation of the plan, the Agency is authorized to acquire personal property in the project by any lawful means except eminent domain. Section 470 Property Disposition 470. 1 In order to provide adequate safeguards that the process of redevelopment will be carried out pursuant to the plan, agreements for the disposition of land by the Agency, including owner participation agreements , shall include provisions recog- nizing and requiring that: A. The purchase or leasing of land is for redevelopment and not for speculation and reserving to the Agency such powers and controls as may be necessary to prevent ' transfer, retention or use of the property for speculation purposes. B. The land shall be built upon and/or improved in conformity with development standards of the plan and any declaration of restrictions. • C. In order to insure that development and construction will be carried out in a manner which will effectuate the purposes of the plan, all developers and owner participants shall submit preliminary architectural plans , site and landscape plans , and final plans including landscaping and �� . 1 . . . -io- � 13z . � sign plans and specifications of the Tmprovements proposed to be constructed on the land for architectural approval by the Agency. As a part of such plans and specifications , developers , and if reouired by the Agency, owner participants , shall submit time schedules for the commencement and completion of such improvements . All such plans and schedules shall be submitted within the time specified in the respective agreements with such developers and owner participants. D. By and for the contracting parties , their heirs, executors , administrators and assigns , there shall be no discrimination against, or segregation of, any person or group of persons on account of race, creed, color, national origin, or ancestry, in the sale, lease, sub-lease, transfer, use, occupancy, or enjoyment of the premises therein described, �or shall the contracting parties or any persons claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, leasees , sub-leasees , or vendees , on the premises described. �� . � • ' . 133 . � ' -��-' , ARTICLE V - CONFORMITY WITH GENERAL PLAN/PRELIMINARY PLAN Section 500 General Statement of Conformity 500.1 This plan substantially conforms to, and is a more detailed refinement of, the General Plan of the City of Chula Vista, adopted by the City Council on December 15, 1970, and amend- ' ments thereto. 500.2 This plan is based upon, and carries out the Preliminary Plan, heretofore adopted by the Planning Comnission. ARTICLE VI - PERMITTED USES AND CONTROLS Section 600 . Planning and Land Use Consideration 600. 1 The Plan Diagram, Exhibit "B" , graphically depicts the projected patterns of land use and circulation within the project area. 600.2 All of the area within the Proj?ct Area is designated "Central Cortmercial" on the plan, and may be used as a mixture of regional- type cortvnercial uses, including but not limited to retail , office, service, entertainment, educational , and auxiliary uses. 600.3 The Redevelopment Plan shall be regarded as the principal specific plan of the project area and shall take precedence where it is in conflict with the zoning regulations, or other . specific plans, regulations and standards. 600.4 Streets , alleys , and other public rights-of-way may be altered, vacated, narrowed, decked over, extended, or closed where such action is essential to the orderly implementation and execution of the plan. If the implementation of the plan requires addi - tional streets, easements, or other rights-of-way, they may be acquired by the Agency or the City. 600.5 The Agency may authorize the private use of air rights over public rights-of-way. This use may take the form of buildings , platforms, decks, or other structures. Such air rights may also be used for vehicular and/or pedestrian circulation, transit, public and private utilities, or other public improve- men ts. . 600.6 The Agency is authorized to permit the establishment and expansion of public or quas�-public uses and facilities , such as but not limited to malls, promenades, parades, vest-pocket parks, and transportation stations of facilities. � a� . .� : . " -iz- 134 � • . . Section 610 General Controls and Limitations � 610.1 All real property within the project area is subject to the provisions, controls, and requirements of the plan. No real , property shall be developed, redeveloped, rehabilitated, or !, otherwise change after the date of adoption of the plan, � except where such development, redevelopment, rehabilitation, or other substantial change conforms with the provisions of the plan, and the guidelines embodied in the Town Centre No. II Adde�dum to the Design Manual . 610.2 All new construction shall comply with all apolicable State statutes and locally adopted Building, Electrical , Heating and Ventilation, Housing and Public Codes. 610.3 The Agency shall endeavor to substantially increase the area of public and private open space within the project area. Open space may take the form of parks, vest-pocket parks , play areas, plazas, fountains, malls , promenades, arcades , parades, enclosures , patios, and similar landscaped enclaves. 610.4 In areas where appropriate, sufficient open soace bet�aeen buildings and clusters of buildings shall be maintained to provide adeauate sunlight, ventilation, privacy, fire safety, and general livability. 610.5 All signs shall conform to the standards of the City 's sign ordinance, and the guidelines of the Town Centre �lo. II Addendum to the Design Manual . b10.6 The Agency shall assure adequate off-street parking. 610. 7 The Agency shall require all utility lines and structures to be placed underground, unless it determines that under- grounding with respect to certain lines would not be econom- ically or physically feasible. � 610.8 No land use or structure which, by reason of appearance, traffic, smoke, 91are, noise, color, or similar factors , would be incompatible with the surrounding areas shall be permitted within the project area. 610.9 Subsequent to redevelopment, rehabilitation, or develooment pursuant to the plan, no parcel in the project area, including any parcel retained by a conforming owner or participant, shall be resubdivided without the prior aoproval of the Aaency. 610.10 The Agency is authorized to_grant a variation from the limits, restrictions, and controls established by the Plan. The Agency must make the following findinas in each and every case, , as a prerequisite to its granting of a permit for a variation. A. The application of certain provisions of the plan would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the plan; or, �} I , . � . ' � , -�3- 135 . , B. There are exceptional circumstances or conditions � applicable to the property or the proposed development which do not apply generally to other properties or developments which have the same standards, restrictions and controls; and, C. The permitting of a variation will not be materially detrimental to the public welfare or injurious to oroperty or improver�ents in the project area; and, D. The perr.iitting of a variation wil.l not contravene the criteria established in the Town Centre No. II Addendum to the Design Manual . In permittino a variation, the Agency shall impose such conditions as are necessary. Section 611 Environmental Review 611 .1 Prior to the Agency's official consideration of a development proposal , the aoplication and all accompanyinq documents shall be submitted for review in accordance with the California Environmental Quality Act of 1970, as amended. Section 620 Town Centre No II Addendum to the Design Manual 620.1 The Agency, in cooperation with the Planning Cortonission, shall formulate, adopt, and make generally available a Town Centre P�o. II Addendum to the Chula Vista Town Centre (Town Centre Yo. I) Design Manual . The Addendum shall be the Agency's official statement of its design guidelines for. the redevelop- ment, rehabilitation, conservation, and general development of the prroject area. � 620.2 The Town Centre No. II Addendum to the Design Manual shall include developmental objectives and design criteria, and shall address the followin9: A. Three-dimensional spatial relationships , and the orderly arrangement of space and land use in the project area. B. Building coverages; building setbacks,building bulk and height; building intensity; and the siting of structures and open space. C. The preservation and promotion of the environmental quality of the project area and the urban core. D. The development of a circulation system which promotes � effective communication a�d transportation throughout the project area and the urban core, and establishes an� maintains effective linkages between the project area and other parts of the Chula Vista Planning Area, and other urban centers of the South Bay. � E. Civic and environmental desi9n requirements and features ��. which establish the character of the project area. : I , : ' ._14- ' , � ' � , , - 13G . I F.� Landscape •criteria; fine arts criteria; street,_ plaza enclosure and mall furniture criteria. 620.3 The Town Centre No. II Addendum to the Design Manual may be amended by the Agency in order to refine, update, or improve the • Addendum's guidelines. Proposed amendments to the addendum shall be referred to the Planning Cor.v�ission for its review, report and recortr�endation. � Section 630 Historical Preservation 630.1 Historical sites, and structures characterized by architectural integrity should be preserved. Section 640 Procedures Manual 640.1 The provisions and guidelines of the Procedures Manual of the Chula Vista Town Centre Project Area (Town Centre Project No. I) shall be applicative to the Town Centre No. II Project. ��� � . . . � , � . � . -�5- 137 � � ARTICLE VII - METHODS FOR FINANCING THE PROJECT Section 100 General Description of the Proposed Financinq Methods 700.1 ThetAgency is authorized to finance this project with financial assistance from the City of Chula Vista, the State of California , • the Federal Government, interest income, Agency funds , Lease Revenue Bonds , or any other available source. 700.2 Loans for survey and planning and for the operating capital for nominal administration of this project are to be made by the City until adequate funds are available, or sufficiently assured, to repay the loans and to permit borrowing adequate working capital from sources other than the City. The City , as it is able , will also supply additional assistance through loans and grants for various public facilities. • 700. 3 As approved by the City Council , gas tax funds from the State of California and the County of San Diego will be used for the street system. As available, Federal loans and grants will be used to finance portions of project costs. 700.4 The Agency is authorized to issue bonds in amounts sufficient to finance all or part of the project. 700:5 The_Agency is authorized to obtain advances , borrow funds, and create indebtedness in carrying out the pian. The principal and interest on such advances , funds , and in- debtedness may be paid from funds available to the Agency. Section 710 Tax Increments 710. 1 The use of tax increments for the financing of this project is not provided for in this Plan. l `��� -16- . � . . _ 138 . . ARTICLE VIII - ACT.IONS BY THE CITY � Section 800 Aid and Cooperation SOp,I The City shall aid and cooperate with the Agency in carrying out this plan and shall take any further action necessary to insure continued fulfillment of the purposes of this plan and to prevent the reoccurrence or spread in the area of conditions causing blight. Actions by the City may include but not be limited to the following: A. 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 in the City may 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. B. Institution and completion of proceedings necessary for changes and improvements in publicly owned public utilities within or affecting the project area. C. The undertaking and completing of any other proceedings necessary to carry out the project. � ga-� ', . • • -i�- . 139 ARTICLE IX - ENFORCEMENi OF THE PLAN • Section 900 Responsibility 900.1 The a�ninistrative enforcement of the plan .or other documents formulated pursuant to this ulan shall be performed by the City and the Agency. 900.2 The provisions of this plan or other documents formulated , pursuant to this plan may also be enforced by court litigation instituted by either the Agency or the City. Further, any documents recorded expressly for the benefit of owners of property within the project area may be enforced by such property owners in addition to the City or the Agency. 8 y� , : � � • -�s- ; 140 ` � . . ARTICLE X - DURATION OF THE PLAN . Section 1000 Effective Period 1000. 1 Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, the provisions of this plan shall be effective and the provisions of other documents formulated pursuant to this plan may be made effective for 25 years from the date of adoption of this plan by the City Council . ��1 _. � ' . ' � . � 141�. -19= ARTICLE XI - AMENDMENT Section 1100 Procedure 1100.1 This plan may be amended by the procedures established in the California Cortmunity Redevelopment Law or any other procedure hereinafter established by Law. I `��1 - � .. , . . - . , 142 � I APPEP7DIX I��1 '. I'..'�fl.u.�«. . � U.r I c1i�i�n, �_"'"_ } c� • . __; :���.1; �u� �� �:J I�����N�_��l �,aE���s �,�-� ��_�_��I� � ...:... � � -.-,- [�.T'L� ., , I I�I'�, ' i �� � I: . � I rc�i�) �s�aCCt��. �I:.l:�� � .., ._ —i' r4�i.J �i ,I�,.�� _ � i , (1 , ,.._.. — a ,f� 4� � ~ . - '�- � � �b��� �ut�s� � . . . : : . , .�; � . : ; _:1 I_ _ 1� . 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