HomeMy WebLinkAboutRDA Reso 2003-1838
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RDA RESOLUTION NO. 2003-1838
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA AUTHORIZING STAFF TO
CIRCULATE A DRAFT 2003 AMENDMENT, IN THE FORM OF
AN AMENDED AND RESTATED REDEVELOPMENT PLAN,
FOR THE BA YFRONTrrOWN CENTRE I REDEVELOPMENT
PROJECT AND CALLING FOR AND CONSENTING TO A
JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE
CITY OF CHULA VISTA FOR THE PROPOSED 2003
AMENDMENT
WHEREAS, on July 16, 1974 the City Council of the City ofChula Vista (City Council)
adopted Ordinance No. 1541 approving a redevelopment plan for the Bayfront Redevelopment
Project and has subsequently 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, on
November 8, 1994 by Ordinance No. 2608, and on July 7, 1998 by Ordinance No. 2734 (Bayfront
Plan); and
WHEREAS, on July 6, 1976 the City Council adopted Ordinance No. 1691 approving a
redevelopment plan for the Town Centre I Redevelopment Project and has subsequently 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, on November 8, 1994 by Ordinance No.
2609, and on July 7,1998 by Ordinance No. 2735 (Town Centre I Plan); and
WHEREAS, by Ordinance No. 1872, the Bayfront Plan and Town Centre I Plan were
merged to facilitate the sharing of financial resources pursuant to Sections 33480 through 33484 of
the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq.
(Law); and
WHEREAS, even though the Bayfront Plan and the Town Centre I Plan were merged as
described in the previous Recital, the two plans remained separate documents, each governing its
respective constituent area; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista (Agency) desires to
amend the previously merged Bayfront Plan and Town Centre I Plan to amend and consolidate the
two redevelopment plans into a single redevelopment plan document (2003 Amendment), and has
prepared an Amended and Restated Redevelopment Plan attached hereto and incorporated herein as
Pyhihit "A "; and
WHEREAS, pursuant to Sections 33458 and 33355 of the California Community
Redevelopment Law, Health and Safety Code Section 33000 e1 seq.. (Law), a joint public hearing
on the 2003 Amendment may be held with the consent of the City Council and Agency.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of
Chula Vista hereby:
RDA Resolution No. 2003-1838
Page 2
I. Authorizes staff to circulate the draft 2003 Amendroent, in the form of the Amended ..-"
and Restated Redevelopment Plan for the Bayfront/Town Centre I Redevelopment Project attached
hereto as Fxhihit" A ", as required by Law.
2. Calls for and consents to holding a joint public hearing with the City Council and
Redevelopment Agency of the City of ChuIa Vista on November I I, 2003, at 6:00 p.m.,
immediately following the City Council meeting, in the Council Chambers, for the purpose of
considering the proposed 2003 Amendroent (in the form of the Amended and Restated
Redevelopment Plan) to the Bayfront/Town Centre I Redevelopment Project, and directs staff to
give notice of the joint public hearing in the form and manner required by Law.
Presented by
Approved as to form by
~~~~~
,
Ann Moore
Agency Counsel
PASSED, APPROVEDh and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 19t day of August 2003, by the following vote:
AYES:
Agency Members:
Davis, McCann, Rindone, and Padilla
NAYES:
Agency Members:
None
-.
ABSENT:
Agency Members:
s~
","hen c-dli}5/~
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Laurie Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certifY that
the foregoing RDA Resolution No. 2003-1838 was duly !;hassed, approved, and adopted by the
Redevelopment Agency at a regular meeting held on the 19 day of August 2003.
Executed this 19th day of August 2003.
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RDA Resolution No. 2003-1838
Page 3
BayfrontITown Centre I Redevelopment Project
G:'X\1-\ B IT IIA /J
and
Redevelopment Plan
August 19, 2003 - DRAFT
RedevelopmentAgenc,y of the City of Chula VIS1a
276 Fourth Avenue
Chula VISta, California 91910
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Raunow Spevacek Group, Inc.
217 N. Main Street, Suite 300
Santa Ana, California 92701-4822
Phone: (714)541-4585
Fax: (714)836-1748
E-Mail: info@webrsg.com
RDA R",ululiuIl Nu. 2603-1838
Page 4
Amended and Restated Redevelopment Plan
BayfrontlTown Centre I Redevelopment Project
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Table of Contents
SECTION I (100) INTRODUCTION ...........................................1
SECTION" (200) GENERAL DEFINITIONS ..............................2
SECTION III (300) PROJECT AREA BOUNDARIES.................. 4
SECTION IV (400) REDEVELOPMENT PLAN GOALS................4
Original and Amended Bayfront Constituent Areas .................................. 4
Town Centre I Constituent Area ................................................................... 5
SECTION V (500) REDEVELOPMENT PLAN ACTIONS ............. 6
(501) General......................................................................................... 6
(502) Property Acquisition................................................................... 8
(505) Participation by Owners and Persons Engaged in
Business ...................................................................................... 9
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(509) Implementing Rules.................................................................. 11
(510) Cooperation with Public Bodies.............................................. 11
(511) Property Management.............................................................. 12
(512) Payments to Taxing Agencies................................................. 12
(513) Relocation of Persons Displaced by a Project ...................... 13
(516) Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste..................... 13
(521) Rehabilitation, Moving of Structures by the Agency and
Seismic Repairs......................................................................... 15
(526) Property Disposition and Development................................. 16
(534) Low-and Moderate-lncome Housing...................................... 20
SECTION VI (600) USES PERMITTED IN THE PROJECT
AREA ..........................................................................21
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C:lLX>C:tA1ENTS AND S~GUal\l..OCAl.. SETTJ!IW"-.s\T9-'?QRARy INTERNET FlL.ES\OU(1~YTC'-REDEVEL.OPMENT PlAN.OOC
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT
RDA Resolution No. 2003-1838
Page 5
(601)
e (602)
(605)
(606)
(607)
(617)
(618)
Maps and Uses Permitted ........................................................ 21
Public Uses ................................................................................ 21
Nonconforming Uses................................................................ 22
Interim Uses............................................................................... 22
General Control and Limitations ............................................. 22
Design for Development........................................................... 25
Building Permits........................................................................ 25
SECTION VII (700) METHODS FOR FINANCING THE
PROJECT ............................................................... 26
(701) General Description of the Proposed Financing Methods... 26
(702) Tax Increment Revenue............................................................ 26
(703) Agency Bonds........................................................................... 28
(704) Other Loans and Grants........................................................... 28
(705) Rehabilitation Loans, Grants, and Rebates............................ 28
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SECTION VIII (800) ACTIONS BY THE CITY ........................... 29
SECTION IX (900) ADMINISTRATION AND ENFORCEMENT... 30
SECTION X (1000) PLAN LIMITATIONS.................................. 30
(1001)
(1002)
(1003)
(1004)
(1005)
Amount of Cumulative Tax Increment Revenue.................... 30
Amount of Bonded Indebtedness Outstanding At Any One
Time ............................................................................................ 30
Time Frame to Incur Indebtedness ......................................... 31
Duration of This Plan ................................................................ 31
Time Frame to Collect Tax Increment Revenue..................... 31
SECTION XI (1100) PROCEDURE OF AMENDMENT................ 32
Exhibit A - Project Area Map.................................................... 33
Exhibit B - Legal Description ...................................................35
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
SA YFRONTrrOWN CENTRE I REDEVELOPMENT PROJECT
Exhibit C - Listing of Proposed Public Facilities and ..........,
Infrastructure Projects ........................................ 37
Public Infrastructure Projects..................................................................... 37
Community Facilities ................................................................................... 37
Exhibit D - Diagram of Current Permitted Land Uses ............ 38
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RDA R-e3eltltieR }ie. 2993 1838
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Amended and Restated
Plan
BayfrontlTown Centre I Redevelopment Project
SECTION I (100) INTRODUCTION
(101) This is the amended and restated Redevelopment Plan for the
BayfrontlTown Centre I Redevelopment Project ("Plan"). located in the
city limits of ChuJa Vista, Califomia. It consists of the text (Sections 100
through 1100): the Map of the BayfronVTown Centre I Redevelopment
Project Area ("Project Area") (Exhibit A), the legal description of the
Project Area boundaries (Exhibit B), a listing of the proposed, public
facilities and infrastructure improvement projects (Exhibit C), and a
diagram of current permitted land uses (Exhibit D).
The Project Area consists of three constituent redevelopment project
areas:
. the Original Bayfront Redevelopment Project Area (hereinafter
defined as the "Original Bayfront Constituent Area");
· the Town Centre I Redevelopment Project Area (hereinafter defined
as the "Town Centre I Constituent Area"):
iBfil!A~.~
~AliNi',:;jirid
. the Amended Bayfront Constituent Area which consists of an area
added to the Original Bayfront Constituent Area portion of the
BayfronVTown Centre I Merged Area.
This Plan has been prepared by the Redevelopment Agency of the City of
Chula Vista, Califomia ("Agency") pursuant to the Cafifomia Community
Redevelopment Law (Health and Safety Code Section 33000, et ~.),
the Califomia Constitution, and all applicable laws and ordinances.
This Plan provides the Agency with powers, duties and obligations to
implement the program generally formulated in this Plan for the
redevelopment, rehabilitation, and revitalization of the Project Area. This
Plan does not present a specific plan or establish priorities for specific
projects for the redevelopment, rehabilitation, and revitalization of any
particular property or area within the Project Area. Instead, this Plan
presents a process and a basic framework within which specific
development plans will be presented, priorities for specific projects will be
ROSENOW SPEVACEK GROUP, INC.
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PlAN
BAYFRONT~OVVNCENTREIREDEVELOPMENTPROJECT
established. and specific solutions will be proposed, and by which tools ~
are provided to the Agency to fashion, develop, and proceed wtth such
specific plans, projects, and solutions.
Many of the requirements contained in this Plan are necessttated by and
in accordance with statutory provisions in effect at the time of adoption of
this Plan. Such statutory provisions may be changed from time to lime
and this Plan shall be automatically superseded by such statutory
changes to the extent the Plan is required to be in conformtty with such
statutory changes (and all other terms of the Plan shall remain in full force
and effect).
SECTION II (200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless
otherwise specified herein:
A. "Agency' means the Redevelopment Agency of the Ctty of Chula Vista,
Califomia.
B. "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.
C.
"City' means the Ctty of Chula Vista, Califomia.
""'"
D. "Ctty Council" means the legislative body of the Ctty.
E. "County' means the County of San Diego, Califomia.
F. "Disposttion and Development Agreement" means an agreement
between a developer and the Agency that sets forth terms and condttions
for improvement and redevelopment.
G. "General Plan' means the General Plan of the City, the comprehensive
and long-term general plan for the physical development of the City, as tt
exists today or is hereafter amended.
H. "Legal Description" means the metes and bounds legal description of the
Project Area attached hereto as Exhibtt B.
I. "Map' means the map of the Project Area attached hereto as Exhibtt A.
J. "Method of Relocation' means the methods or plans adopted by the
Agency pursuant to Sections 33352(1) 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.
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ROSENOVV SPEVACEK GROUP, INC. .
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTrrOWN CENTRE I REDEVELOPMENT PROJECT
K.
"Owner' means any person owning fee title to, or a long-term leasehold
interest in (a term of 20 years or more wilh alleasl1 0 years remaining on
such term), real property within the Project Area.
L. "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 improvemenl and/or its redevelopment as 10 a specific
property.
M. "Participant" means an Owner who has entered into a Participation
Agreement with the Agency.
N. "Person" means an individual(s), or any public or private entities.
O. "Plan" means this Amended and Restated Redevelopment Plan for the
BayfrontITown Centre I Redevelopment Project, as amended by
Ordinance No. on
P. "Project" means the BayfrontfTown Cenlre I Redevelopment Project.
a. "Project Area" means the BayfrontITown Centre I Redevelopment Project
Area, which is the territory this Plan applies to, as shown on Exhibit A.
R. "Amended Bayfront Constituent Area" means the territory added to the
Original Bayfront Constituent Area by Ordinance No. 2734 adopted on
July 7, 1998.
S.
"Original Bayfront Constituent Area" means the Bayfront Redevelopment
Project Area established on July 16, 1974 by Ordinance No. 1541, and
amended by Ordinance No. 1872 on July 17, 1979, by Ordinance No.
2146 on April 22, 1986, Ordinance No. 2585 on January 4, 1994, and
Ordinance No. 2608 on November 8, 1994.
T. "Town Centre I Constituent Area" means the Town Centre I
Redevelopment Project established by Ordinance No. 1691 on July 6,
1976, and amended by Ordinance No. 1872 on July 17, 1979, Ordinance
No. 2146 on April 22, 1986, Ordinance No. 2585 on January 4, 1994,
Ordinance No. 2609 on November 8, 1994, and Ordinance No. 2735 on
July 7, 1998.
U. "Redevelopment Law" means the California Community Redevelopment
Law (Health and Safety Code, Sections 33000, et ~.) as it now exists or
may be hereafter amended.
V. "State" means the State of Califomia.
W. "State Law" means an enactmenl of State of Califomia, and includes such
regulations as have the force of law.
ROSENOW SPEVACEK GROUP, INC.
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT
SECTION III (300) PROJECT AREA BOUNDARIES
......"
The boundaries of the Project Area are illustrated on the map attached hereto
and incorporated herein as Exhibtt A. The legal description of the boundaries of
the Project Area is as described in Exhibtt B attached hereto and incorporated
herein.
SECTION IV (400) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals which are identical to those
contained in the inttiaJ redevelopment plans for the three constttuent areas of the
Project Area:
Original and Amended Bayfront Constituent Areas
. Create physical buffers which ameliorate the adverse effects of changing land
uses along interfaces.
. Discourage 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 a=rdance with this
Plan and Mure Annual Work Programs.
. Encourage tourism, including the development of high-quality hotels, motels,
restaurants, and meeting faciltties.
· Provide for the enhancement and renovation of businesses wtthin 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 sensttive to the unique
environment qualities of the Project Area.
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ROSENOW SPEVACEK GROUP, INC.
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT
. Expand the resource of developable land by making underulilized land
available for development.
. Renovate and restore sites characterized by deficiencies including, but
wtthout limitations, condttions 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 bome by private
enterprise, governmental action, or both, wtthout 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 communtty,
maximizing the opportunity for individual choice, and meeting the
requirements of State Law.
. Develop safeguards against noise and pollution to enhance the
industriaVcommercial communtty.
· 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 Ctty residents.
Town Centre I Constituent Area
. Eliminate blighting influences, including incompatible and noxious land uses,
obsolete structures and inadequate parking facilities.
. Eliminate environmental deficiencies including, among others, small and
irregular lot and block subdMsions, several poorly planned streets, and
economic and social deficiencies.
· Strengthen mercantile posture of Town Centre I and the improvement of retail
trade therein.
· Renew Town Centre I's physical plant and the improvement of its land use
pattems and spatial relationships.
. Retain and expand viable land uses, commercial enterprises, and publiC
facilities wtthin the area.
. Attract capital and new business enterprises to the core area.
ROSENOW SPEVACEK GROUP, INC.
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfrOWN CENTRE [REDEVELOPMENT PROJECT
. Beautify the area, including its buildings, open space, streetscape, and street
furniture.
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· Encourage muiti-family, middle-income residential units in and near the core
area.
. A=mmodate future local and regional mass transit and related facilities;
improvement of off-street parking areas and provision for a mini-transit intra-
project system.
. Establish Town Centre I as the South Bay's principal center for specialty
goods and services.
. Establish design standards to assure desirable site design and environmental
quality.
. Re-circulate the people of Chula Vista to their core area, and the resuitant
promotion of a sense of "towness" (towness is a unique feeling spawned by
an emotional relationship between people and their city. This feeling is
founded upon a sense of belonging. When the people feel that they belong to
their city and that their city belongs to them, a state of towness exists).
SECTION V (500) REDEVELOPMENT PLAN ACTIONS
(501) General
""
The Agency proposes to alleviate and prevent the spread of blight and
deterioration in the Project Area through:
1. The acquisition, installation, construction, reconstruction,
redesign, or reuse of streets, utilities, curbs, gutters, sidewalks,
traffic control devices, flood control facilities, buildings, structures,
parks, playgrounds, and other public improvements.
2. The rehabilitation, remodeling, demolition, or removal of buildings,
structures, and improvements.
3. The rehabilitation, development, preservation, proViSion, 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 persons engaged in business desiring to remain or
relocate within the redeveloped Project Area.
5. Providing relocation assistance to displaced occupants in
a=rdance with applicable State Law.
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ROSENOW SPEVACEK GROUP, INC.
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RDA Resolution No. 2003-1838
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14.
15.
16.
17.
18.
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT
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, personal property, any interest in
property, and improvements on the property by purchase, lease.
option, grant, bequest, gift, devise, or any other lawful means, or,
where it is deemed necessary. by exercising the power of eminent
domain, as pennitted by Section 503 of this Plan, after conducting
appropriate public hearings and making appropriate findings.
8. Site preparation and development and construction of necessary
off-site improvements.
9. Improving open space.
10. Managing property acquired by the Agency.
11. Providing financing for the assistance of commercial and industrial
development that increases the economic base of both the
Project Area and the City, and the number of tem porary and
pennanent jobs.
12. The disposition of real property, personal property, any interest in
property, and improvements on the property through methods
such as sale, lease, exchange, subdivision, transfer, assignment,
pledge, encumbrance or any other lawful means of disposition.
Recommending standards to ensure that property will continue to
be used in accordance with this Plan.
The closure or vacation of certain streets and the dedication of
other areas for public purposes.
Providing replacement housing, as required.
Applying for, receiving and utilizing grants and loans from federal
or state governments or any other source.
Clearing or moving buildings, structures or other improvements
from any real property acquired by the Agency.
Exercising other powers authorized by the Redevelopment Law,
including, but not limited to, environmental remediation activities,
property rehabilitation, and predevelopment and planning efforts.
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 pennitted by the Redevelopment Law and any other State
law to the extent not inconsistent with the Redevelopment Law.
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ROSENOVII SPEVACEK GROUP. INC.
RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfrOWN CENTRE I REDEVELOPMENT PROJECT
(502) Property Acquisition
""""',
1.
(503)
Acauis~ion of Real Property
The Agency may acquire real property by any means authorized by
law, including by purchase, lease, obtain option upon, acquire by gift,
grant, bequest, devise, exchange, cooperative negotiations, or
eminent domain.
The following limitations shall apply to the Agency's eminent domain
authority in the Project Area:
a. Wfthin the Original Bawont Constftuent Area no action
to acquire property by eminent domain shall be
commenced after July 7, 2010, unless extended by
amendment of this Plan.
b. Eminent domain shall not be used to acquire any
property located in the Amended Bayfront Constftuent
Area.
c. Wfthin the Town Centre I Constftuent Area, no eminent
domain acquisition shall be commenced after July 7,
2010, unless extended by amendment of this Plan.
d.
Eminent domain may not be used to acquire property
owned by a public body without the consent of that
public body.
e. 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 fOnT
and use without the consent of the owner, unless: (1)
such building requires structural aiteration,
improvement, modernization or rehabilftation; or (2) the
sfte or lot on which the building is sftuated requires
modification in size, Shape or use; or (3) ft 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
506 through 509 of this Plan and applicable provisions
of the Redevelopment Law.
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2. (504) Acauisftion of Personal Property. Anv Other Interest in
Real Property. or Anv Imorovements in Real Property
Where necessary in the implementation of this Plan, the Agency
is authorized to acquire personal property, any other interest in
real property and any improvements on real property including
""""'
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT
repurchase of developed property previously owned by the
Agency by any lawful means.
(505) Participation by Owners and Persons Engaged In BusInesS
1.
(506)
Owner Particioation
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 and rules adopted by
the Agency to implement these provisions.
Participation methods include: (i) remaining in substantially the
same location either by retaining all or portions of the property, or
by retaining all or portions of the property and purchasing adjacent
property from the Agency or joining with another person or entity
for the rehabilitation or development of the Owner's property and,
if appropriate, other property, or (ii) submitting to the Agency for tts
consideration another method of participation proposal pursuant
to these Rules. An Owner who participates in the same location
may be required, among o!her actions, to rehabilttate or demolish
all or a part of his/her existing buildings. The Agency may also
acquire the buildings only and then remove or demolish the
buildings. Participation methods also include but are not limited to
the Agency buying land and improvements at fair market value
from Owners and offering other parcels for purchase and
rehabilttalion or development by such Owners, or offering an
opportunity for such Owners to rehabilttate or develop property
jointly with other persons or entities.
Owner Participation opportunities shall be subject to and limited
by factors and requirements including:
a. The Participant(s) must demonstrate to the satisfaction
of the Agency that the Participant is financially capable
and has the qualifications and experience to perform
any and all development, construction, modification,
rehabilttation, mOdemization, construction, land
assembly, and/or acquisition of the subject property or
properties in order that it will conform to the Plan, any
specific plan or design guide, applicable zoning,
building, and safety laws and regulations, and the
redevelopment proposal, if any, contemplated by the
Agency with respect to the subject property.
b. The Participant's proposed improvements and/or
redevelopment conform or will conform to: the goals
and objectives established by the Agency; the Plan; any
applicable specific plan or design guide; applicable
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RDA Resolution No. 2003-1838
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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zoning, building and safety laws and regulations; and __,
the redevelopment proposal for the development site
approved by the Agency.
c. The Agency retains its authority to determine in its sole
discretion whether the Participant's(s') proposed
development conforms to and furthers the goals and
objedives of the Plan and any specific redevelopment
proposals on the basis of all the fads and
circumstances pertaining to the Participant's proposed
development.
d. The Agency shall consider whether the proposed owner
partiCipant development necessitates that the
Participant and/or the Agency shall remove, relocate
and/or install public utilities and publiC facilities
detennined necessary by the Agency for the proposed
development.
e. Consideration of the elimination and/or change of land
uses, particularly nonconfonning land uses as specified
in City codes.
f. The Agency shall consider the need to realign,
abandon, vacate, widen, or open publiC rights-of-way
and the indired effeds of such ads.
g. Consideration of any redudion in the total number of
individual parcels in the Project Area.
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h. Consideration of whether the proposal involves land
assembly and development of areas for public and/or
private development in a=rdance with the Plan.
2.
(507)
Reentrv Preferences for Persons Enoaoed in Business
in the Proied Area
The Agency shall extend reasonable preferences to persons who
are engaged in business in the Projed 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 rEH!ntry.
3.
(508)
Owner Particioalion Aareements
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
-..
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documents as are necessary to make the proviSions of this Plan
applicable to their properties.
Owner Participation Agreements shall include appropriate
remedies such as the abi6ty of the Agency to declare the Owner
Participation 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 ac:cordance
with this Plan in the event a participant breaches the terms of
such Owner Participation Agreement.
If conflicts develop between the desires of participants . for
particular sites or land uses, the Agency is authorized to establish
reasonable priorities and preferences to persons who are
engaged in business in the Project Area re-entering in business
within the redeveloped area if they otherwise meet the
requirements prescribed by the Plan.
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 ac:complished without affording a
participant an opportunity to execute an Owner Participation
Agreement, the Agency shall not be required to execute an
Owner Participation Agreement.
(509) Implementing Rules
The provisions of Sections 505 through 508 of this Plan shall be
implemented ac:cording to the rules adopted by the Agency prior to the
approval of the Ordinance, which rules may be amended from time to
time by the Agency.
(510) Cooperatiun with PubrIC 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
ac:cordance with State Law. The Agency shall seek the cooperation of all
public bodies, which own or intend to acquire property in the Project Area.
The Agency, to the extent permitted by law, may impose on all public
bodies the planning and design controls contained in and authorized by
this Plan to ensure that present uses and any Mure development by
public bodies will conform to the requirements of this Plan. The Agency is
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authorized, to the extent permitted 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, subject to making applicable findings as
required by the Redevelopment Law, subject to holding duly noticed
publiC hearing when and as required by the Redevelopment Law.
(511) PropertyManagement
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.
(512) Payments 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 that may not
exceed the amount of money the public entity would have received if the
property had not been tax-exempt.
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 33607.5, Section 33676, 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, unless this Plan is
amended in a manner that requires application of Section 33607.7. Such
payments may be subordinated to loans, bonds, or other Agency
indebtedness as provided by the Redevelopment Law.
The Agency may also pay to any affected taxing agency any amounts of
money which the Agency has found are necessary and appropriate to
alleviate financial burden or detriment caused by the Project pursuant to
an agreement executed prior to January 1, 1994.
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(513) Relocation of Persons Displaced by a P. _ject
1.
(514)
Relocation Proaram
I n accordance with the provisions of the California Relocation
Assistance Law (Govemment Code Section 7260, et ~.)
("Relocation Assistance Act"), the Relocation Assistance and Real
Property Acquisition Guidelines adopted and promulgated by the
Califomia Department of Housing and Community Development
("Relocation Guidelines") and the the Agency shall provide
relocation benefits and assistance to all "displaced" persons
(including families, business concems, and others) as may be
required by law. Such relocation assistance shall be provided in
. the manner required by the Method of Relocation.
(515) 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.
(516) DemoHtion, Clearance, Public In~lts, Site
P1...-mtion and Removal of Hazardous Waste
1.
(517) 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.
(518)
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. Specifically. but without limitation, the Agency may pay
for, install, or construct the buildings, facllities, structures. and
other improvements identified in Exhibit C. attached hereto, and
may acquire or pay for land required therefore. Additionally. the
Agency is authorized to install and construct, or to cause to be
installed and constructed. within or without the Project Area, for
itself or for any public body or entity for the benef~ of the Project
Area. public buildings, facilities, structures, or other improvements,
and the cost of the land therefore, except as expressly prohibited
by the Redevelopment Law. The public facilities and
infrastructure improvement projects that may be undertaken by
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the Agency pursuant to this Plan are identified in the City's ........
General Plan. capital improvement program. or which is found to
be consistent with the Agency's Section 33490 impiementation
plan, as such plans and programs are amended from time to time,
and which plans and programs, as so adopted and thereafter
amended, are 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.
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, in
accordance with the requirements of the Redevelopment Law.
Any obligation of the Agency under such contract shall constitute
an indebtedness of the Agency for the purposes of carrying out ........
this Plan.
3.
(519)
Preoaration of BuildinQ 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 !he installation, or construction
of streets, utilities, parks, playgrounds and other public
improvements necessary for carrying out this Plan.
4.
(520)
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 the Redevelopment
Law and other State and federal laws, to remedy or remove a
release of hazardous substances on, under, or from property
within the Project Area.
........
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(521) Rehabilitatluri, Moving of Structures by the Agency and
Seismic Repairs
1.
(522)
Rehabilttation and Conservation
The Agency is authorized to rehabilitate and conserve, or to
cause to be rehabilitated and conserved, any properly, 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 properly,
buildings or structures in the Project Area not owned by the
Agency to the extent permitted by the Redevelopment Law. 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 properly within the Project
Area to upgrade and maintain their properly consistent with this
Plan and such standards as may be developed for the Project
Area.
The extent of rehabilttalion in the Project Area shall be subject to
the discretion of the Agency based upon such objective factors
as:
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 rehabilttalion and
conservational activity.
d. The undertaking of rehabilitation and conservation
aclivtties in an expeditious manner and in conformance
with the requirements of this Plan and such properly
rehabilttation 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
a=rdance with this Plan.
The Agency may adopt properly rehabilitation standards for the
rehabilttation of properties in the Project Area.
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2.
(523)
Clearino or Movino 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.
3.
(524)
Seismic Reoairs
For any project undertaken by the Agency within the Project Area
for building rehabilitation or a~eration in construction, the Agency
may, by following all applicable procedures which are consistent
with local, State (including the Redevelopment Law) and federal
law, take those actions which the Agency determines are
necessary to provide for seismic retrofits.
4.
(525)
Graffrti Removal
Wrthin the Project Area, the Agency after making the required
findings may take any actions that it determines are necessary to
remove graffiti from public or private property.
(526) Property Disposition and Development
1.
(527)
Real Prooerty Disposition and Development
a.
(528)
General
For the purposes of this Plan, the Agency is authorized
to sell, lease for a period not to exoeed 99 years,
exchange, subdivide, transfer, assign, pledge,
encumber by mortgage, 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 after a noticed public hearing. 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 pursuant to this Plan, such
sale or lease shall be first approved by the City Council
by resolution after a noticed public hearing, together
with such findings as may then be required by the
Redevelopment Law.
-...
The real property acquired by the Agency in the Project
Area, except property conveyed by it to the City or any
other public body, 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,
-...
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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and where beneficial to the Project Area, to any other
public body or private party without charge or for an
amount less than fair market value provided all
applicable findings are made and procedures followed
as may be required by the Redevelopment Law.
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 covenants, conditions, or restrictions to
prevent speculation or excess profit taking in
Undeveloped land, including right of reverter to the
Agency 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 a=rdance 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 lim~ation the General
Plan and zoning ordinance, 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.
(529)
Purchase and Develooment 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
otherwise disposed of by the Agency, as well as all
property subject to Owner Participation Agreements and
Dispos~ion and Development Agreements, shall be
made subject to the provisions of this Plan by leases;
deeds; contracts; agreements; declarations of
covenants, conditions, and restrictions; provisions of the
General Plan and zoning ordinance; and all other state
and local building codes, guidelines, or master or
specific plans as they now exist or are hereafter
amended; cond~ional use permits; or other means.
Where appropriate, as determined by the Agency, such
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documents or portions thereof shall be recorded in the
office of the County Recorder.
Leases, deeds, contracts, agreements, and declarations
of covenants, cond~ions, and restrictions of the Agency
may contain restrictions, conditions, covenants,
covenants running with the land, rights of reverter,
conditions subsequent, equitable serv~udes, 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 of
real property acquired in the Project Area and owners of
property improved as part of a redevelopment project to
refrain from restricting the rental, sale or lease of the
property on the basis of race, color, religion, sex, marital
status, ancestry, or national origin of any person. All
deeds, leases, or contracts for the sale, lease, sublease
or other transfer of land in the Project Area shall contain
or be subject to such nondiscrimination and non-
segregation clauses as are required by Redevelopment ,--..,
Law.
2.
(530)
Personal Prooerty DisDos~ion
For the purposes of this Plan, the Agency is authorized to sell,
lease for a period not to exceed 99 years, exchange, subdMde,
transfer, assign, pledge, encumber, or otherwise dispose of
personal property or any other interest in property by any lawful
means.
3.
(531)
Prevention of Discrimination
a.
(532)
RedeveloDment
The redeveloper shall comply with all state and local
laws, in effect from time to time, prohibiting
discrimination or segregation by reason of race, coior,
creed, religion, sex, marital status, national origin or
ancestry, in the sale, lease or occupancy of the
property .
Pursuant to the Redevelopment Law (Sections 33337
and 33435-33436), contracts entered into by the
Agency relating to the sale, transfer or leasing of land, or
~
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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any interest therein acquired by the Agency within any
survey area or redevelopment 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 sections shall be binding upon
and shall obligate the contracting party or parties and
any subcontracting party or parties, or other transferees
under the instrument.
(533)
Deeds, Leases, and Contracts
All deeds, leases, and contracts which the Agency
proposes to enter into with respect to the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment
of any land in the Project Area shall contain the
following nondiscrimination and non-segregation
clauses as prescribed ,by Redevelopment Law, 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 seiection, 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 and subject to the following
conditions:
'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
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status, national origin, or ancestry, in the leasing,
subleasing, transferring, use, occupancy, tenure, or """'"
enjoyment of the premises herein leased nor shall
the lessee himse~, 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, sublessees, subtenants, or vendees in the
premises herein leased."
In contracts entered into by the Agency relating to the
sale, transfer, or leasing of land or any interest therein
acquired by the Agency, the following language shall
appear.
"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 land, nor shall the transferee ilse~
or any person claiming under or through it,
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 of the land. The foregoing provision shall
be binding upon and shall obligate the contracting
party or parties and any subcontracting party or
parties, or other transferees under the instrument.'
(534) Low- and Moderate-Income Housing
The Agency shall comply with all of the low- and moderate-income
housing requirements of the Redevelopment Law which are applicable to
this Plan, including applicable expenditure, replacement and inclusionary
housing requirements, including but not limited to the following:
No less than the percentage required by the Redevelopment Law (twenty
percent, as of the date of adoption of this Plan) of all tax increment funds
allocated to the Agency shall be used for the purposes of increasing,
im proving, and preserving the supply of low- and moderate-income
housing available at affordable housing costs to persons and families of
low or moderate income and very low income households that is
occupied by these persons and families, unless the Agency makes
annual findings by resolution as required under Redevelopment Law.
The tax increment funds that are required to be used for increasing and
improving the supply of low- and moderate-income housing shall be held
---...
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in a separate Low and Moderate-Income Housing Fund until used. The
moneys in the Low and Moderate-Income Housing Fund shall be used to
increase, improve, and preserve the supply of low- and moderate-income
housing.
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 a redevelopment project, the Agency,
within the time required by the Redevelopment Law (four years, as of the
date of adoption of this Plan) of such destruction or removal, shall
rehabilitate, develop, or construct, or cause to be rehabilitated, 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 housing costs wtthin the Project Area or wtthin the jurisdiction
of the Agency in accordance with Redevelopment Law.
SECTION VI (600) USES PERMITTED IN THE PROJECT AREA
(601) Maps and Uses Permitted
The Map attached hereto as Exhibtt 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 General Plan and zoning
ordinance, and all other state and local building codes, guidelines, or
specific plans, as they exist or as of the date of adoption of this Plan are
hereafter amended. For informational purposes, a diagram of permitted
uses as of the date of adoption of this Plan is presented on Exhibtt D.
(602) Public Uses
1. (603) Public Street Lavout. Riohts-of-Wav and Easements
The public street system and street layout for the Project Area is
illustrated on the Map identified as Exhibtt A. The street system in
the Project Area shall be developed in aocordance with the
General Plan, and all other stale and local codes, guidelines, or
master or specific plans, as they exist as of the date of adoption of
this Plan or are hereafter amended.
Certain streets and rights-of-way may be widened, allered,
realigned, abandoned, vacated, or closed by the Ctty as
necessary for proper development of the Project Area. Additional
easements may be created by the Agency and Ctty in the Project
Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or
pedestrian traffic as well as for public improvements, public and
private utilities and activities typically found in public rights-of-way.
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Page 28
In addition, all necessary easements for public uses, pUblic
facilities, and public utilities may be retained or created.
-....
2.
(604)
Other Public and Open Soace Uses
Both within and, where an appropriate finding has been
determined, 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, theatres and cultural facilities,
criminal justice facilities, park and recreational facilities, parking
facilities, transit facilities, libraries, hospitals, educational, fratemal,
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 to all other applicable laws and ordinances and that such
uses are approved by the City. The Agency may impose such
other reasonable restrictions as are necessary to protect
development and uses in the Project Area.
(605) Nonc.onfonning 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
~ect~ ~
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.
(606) Interim Uses
Pending the ultimate development of land by developers and owner-
participants, the Agency is authorized to use or permit the use of any land
in the Project Area for interim uses. Such interim use, however, shall
conform to General Plan and zoning ordinance, and all other state and
local building codes, guidelines, or specific plans as they exist as of the
date of adoption of this Plan or are hereafter amended.
(607) CeneraI Control and Umitations
All real property in the Project Area is hereby made subject to the controls
and requirements of this Plan. No real property shall be subdivided,
developed, redeveloped, rehabilitated, or otherwise changed after the
date of the adoption of this Plan except in conformance with the goals and
-....
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provisions of this Plan and the regulations and requirements of the
General Plan and zoning ordinance, and all other state and local building
codes, guidelines, or master or specific plans as they now exist or are
hereafter amended. The land use controls of this Plan shall apply to the
applicable constituent project area until the "Date of Plan Termination" set
forth in Table A in Section 1001 of this Plan. The type, size, height,
number and use of buildings within the Project Area shall be as set forth
in the City's General Plan and zoning ordinance, and all other state and
local building codes, guidelines, or master or specific plans, as they exist
as of the date of adoption of this Plan or are hereafter amended.
1.
(608)
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 the
City 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.
(609)
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.
3.
(610)
Number of Dwellina Units
The General Plan, in effect as of the date of adoption of this Plan
and as may hereafter be amended. shall regulate the total
number of dwelling units in the Project Area. As of the date of
adoption of this Plan, there are approximately nine hundred and
fifty (950) dwefting units in the Project Area.
4. (611) ODen Soace and Landscaoina
The approximate amount of open space to be provided in the
Project Area is the total of all areas so designated in the General
Plan and zoning ordinance, and all other state and local building
codes, guidefines, or specific plans, as they exist as of the date of
adoption of this Plan 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 and
this Plan. Landscaping shall be developed in the Project Area to
ensure optimum use of living plant material in conformance withthe standards of the City.
ROSENOW SPEVACEK GROUP, INC.
, -
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT
RDA Resolution No. 2003-1838
Page 30
5.
(612)
Limitations on Tvoe. Size. Heiah! Number and
Proposed Use of Buildinas
""""
The limits on building intensity, type, size, height, number and
proposed use shall be established in accordance with the
provisions of the General Plan and zoning ordinance, and all other
state and local building codes, guidelines, or master or specific
plans, as they exist as of the date of this Pian or are hereafter
amended.
6.
(613)
Sians
All signs shall conform to the requirements of the City. Design of
all proposed new signs shall be subject to the review of the City
and any additional standards that may be adopted by the Agency
to implement the goals of this Plan.
7.
(614)
Utilities
The Agency, in conformity with the City municipal code, and City
policies, shall require that all utiltties be placed underground
whenever physically possible and economically feasible.
8.
(615)
Subdivision of Parcels
No parcels in the Project Area, induding any parcel retained by a
participant, shall be consolidated, subdivided or re-subdivided ~
without the approval of the City.
9.
(616)
Variations
The Agency is authorized to permit variations from the Iimtts,
restrictions and controls established by this Plan. In order to
permtt any such variation, the Agency must determine all of the
following:
a. The application of certain provisions of this Plan would
resuit in practical difficuities or unnecessary hardships
inconsistent with the general purposes and intent of this
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 pubiic welfare or injurious to property or
improvements in the area.
~
ROSENOW SPEVACEK GROUP. INC.
PAGE 24
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AMENDED AND RESTATED REDEVaOPMENT PlAN
BAYFRONT~OVVNCENTREIREDEVELOPMENTPROJECT
d. Permitting a vanation will not be contrary to the
Objectives of this Plan.
No such variation shall be granted other than a minor departure
from the provisions of this Plan. In permitting any such variation,
the Agency shall impose such condttions as are necessary to
protect the public health, safety, and welfare, and to assure
compliance with the purposes of this Plan.
(617) D--;p, for Deve~~h.JIt
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 amentties 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 616 of this Plan.
Within the limns, restrictions, and controls established in this Plan, and
subject to the provisions of Sections 601 and 607 herein, the Agency is
authorized to establish land use, 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, anered, repaired, or rehabilttated except in
accordance wtth 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.
(618) Building Permits
Any building permit that is issued for the rehabilttation or construction of
any new building or any addition, construction, moving, conversion or
atteration 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 the Agency, and any applicable participation or
other agreements.
ROSENOVV SPEVACEK GROUP, INC.
PAGE 25
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RDA Resolution No. 2003-1838
Page 32
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT
SECTION VII (700) METHODS FOR FINANCING THE PROJECT
"""'\
(701) Geneml Description of the Proposed Financk1g Methods
Upon adoption of this Plan by the City Council, the Agency is authorized
to finance implementation of this Plan in accordance with the
Redevelopment Law and other applicable law, including but not Iim~ed to
from assistance from local souroes, the State and/or the federal
govemment, property tax increment, interest income, Agency bonds,
donations, loans from private financial inst~utions, or any other legally
available source.
The Agency is also authorized to obtain advanoes, 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 cap~1
for administration of this Plan may be provided by the C~ until adequate
tax increment revenue or other funds are available to repay the advances
and loans. The C~ or other publiC agency, as ~ 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 and/or other public agency
providing such assistance. Any such agreements in place as of the date
of adoption of this Plan are hereby ratified by the Agency. ~
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.
(702) Tax Increment Revenue
For the purposes of the collection of property tax revenue pursuant to this
Plan, the term effective date of the ordinance as used in this Section 702
shall mean and refer to:
. Original Bayfront Constituent Area established by Ordinance No.
1541: August 15, 1974.
. Town Centre I Constituent Area established by Ordinance No.
1691: August 15, 1976.
. Amended Bayfront Constituent Area established by Ordinance
No. 2734: August 6, 1998.
.--.,
ROSENOW SPEVACEK GROUP, INC.
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTrrOWN CENTRE I REDEVELOPMENT PROJECT
All taxes levied upon taxable property within the Project Area each year
by or for the benefrt of the State, County, City, district, or other public
corporation (hereinafter called "Taxing Agency" or "Taxing Agencies")
after the effective dale of the ordinance, shall be divided as follows:
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 dale 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 dale,
the assessment roll of the County last equalized on the effective
dale of Ihe ordinance shall be used in delermining Ihe 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 10 and when collected shall be paid inlo
a special fund of the Agency to pay the principal of and interest on
loans, monies advanced 10, 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 valualion of Ihe laxable
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 10 Ihe 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 Ihe taxes in excess of the amount identified in
paragraph (1.) above which is attributable 10 a tax rate levied by a
Taxing Agency for the purpose of producing revenues in an
amount sufficient to make annual repayments of Ihe 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 10 taxes levied to repay bonded
indebtedness approved by the voters on or after January 1, 1989.
ROSENOW SPEVACEK GROUP, INC.
PAGE 27
RDA Resolution No. 2003-1838
Page 34
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT
The Agency is authorized to make pledges as to specific advances, loans
and indebtedness as appropriate in canying 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 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.
""'"
(703) 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,
County, 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 within the meaning of any
constitutional or statutory debt limitation or restriction.
(704) 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 canying 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.
(705) Rehabilitation Loans, Grants, and Rebates
To the greatest extent allowed 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 werle 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 may 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 canying out of such programs.
"'"'"
ROSENOW SPEVACEK GROUP, INC.
PAGE 28
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTrrOWN CENTRE I REDEVELOPMENT PROJECT
SECTION VIII (800) 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 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 abandonment,
removal, and relocation to be bome 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
nonnally rendered in accordance with a schedule which will penntt
the redevelopment of the Project Area to be commenced and
carried to completion without unnecessary delays,
4, Imposttion, whenever necessary and applicable, of appropriate
design controls within the Iimtts 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 Ctty
after completion of development,
6, The undertaking and completion of any other proceedings
necessary to carry out the Project,
7. The expendtture of any City funds in connection with
redevelopment of the Project Area pursuant to this Plan, including
the provision of City staff assistance,
8, Revision of the City zoning ordinance, adoption of master or
specific plans or execution of statutory development agreements
to permtt the land uses and facilttate the development authorized
by this Plan,
ROSENOW SPEVACEK GROUP,INC.
PAGE 29
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RDA Resolution No. 2003-1838
Page 36
AMENDED AND RESTATED REDEVELOPMENT PIAN
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT
SECTION IX (gOO) ADMINISTRATION AND ENFORCEMENT
"""\
Upon adoption, the administration and enforcement of this Plan or other
documents implementing this Plan shall be perfonned by the City and/or 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 perfonnance,
damages, re-entry onto property, power of tennination, 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 X (1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
(1001) Amount of Cumulative Tax Increment Revenue
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 the following as listed on Table A:
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT TABLE A -.....
REDEVELOPMENT PIAN LIMITS
Termination
Date of
Cumulative Final Date of Receipt of
Tax Increment Date to Plan Tax Increment
Constituent Plan Revenue Limit 1/ Incur Debt 2f Termination Revenue
Baytront (Origin.l) $84.000.000 1/1/2004 7/1612014 7/1612024
Baytront (Amended) included above 1/112004 7r71202B 7r712043
Town Centre I $210,000.000 1/112004 71612016 7/612026
11 No tax increment revenue limit required for amendments to project areas after 1/1194.
2IThe de.dline to incur debt with respect to the Bayfront (Origin.l) and Town Centre I
Constituent Areas may be eliminated by adoption of a "SB211 Ordinance" pursuant to
Section 33333.6(e)(2).
(1002) Amount of Bonded Indebtedness Outstanding At Any
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 $70 million.
-.....
ROSENOW SPEVACEK GROUP. INC.
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AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTrrOWN CENTRE [REDEVELOPMENT PROJECT
(1003) Time Frame to Incur Indebtedness
The time limrt on the establishing of loans, advances, and indebtedness
to be paid with the proceeds of property taxes received pursuant to
Section 33670 of the Redevelopment Law to finance in whole or in part
the redevelopment project shall be the time period as provided on Table
A. These limits, however, shall not prevent the Agency from incurring
debt to be paid from the low and moderate income housing fund or
establishing more debt in order to fuff~1 the Agency's housing obligations
under Sedion 33333.8 of the Redevelopment Law. The loans,
advances, or indebtedness may be repaid over a period of time longer
than this time limit as provided herein. No loans, advances, or
indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the Agency beyond this time limitation. This
limit shall not prevent the Agency from financing, refunding, or
restruduring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid is
not extended beyond the time limit to. repay indebtedness required by
this section.
The time limits established in this Section 1003 may be eliminated or
extended in the manner provided by applicable law.
(1004) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions of this
Plan, and recorded covenants implementing the same, which shall
remain in effect in perpetuity, and except as otherwise expressly
provided herein, the provisions of this Plan as to each Constituent Plan
shall be effective, and the provisions of other documents formulated
pursuant to this Plan shall be effective until the applicable Plan
termination dates for each Constituent Plan as shown on Table A
After the expiration of the applicable Constituent Plan, the Agency shall
have no authority to ad pursuant to that Constituent Plan except to pay
previously incurred indebtedness and to enforce existing covenants or
contracts. However, if the Agency has not completed its housing
obligations pursuant to Section 33333.8 of the Redevelopment Law, the
Agency shall retain its authority to implement requirements under
Section 33333.8, including the ability to incur and pay indebtedness for
this purpose, and shall use this authority to complete these housing
obligations as soon as is reasonably possible.
(1005) Time Frame to Collect Tax Increment Revenue
Except as otherwise provided herein or by Redevelopment Law, the
time limitation for the receipt of tax increment pursuant to Sedion
33670, and the payment of indebtedness with such tax increment, for
ROSENOW SPEVACEK GROUP, INC.
PAGE 31
RDA Resolution No. 2003-1838
Page 38
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTrroWN CENTRE I REDEVELOPMENT PROJECT
each Constituent Plan shall be the date set forth under "Termination
Date of Receipt ofTax Increment Revenue" as shown on Table A. """"
SECTION XI (1100) PROCEDURE OF AMENDMENT
This Plan may be amended pursuant to the provisions of the Redevelopment Law or
in accordance with other lawful procedures as may hereafter be established by law.
""""
""""
ROSENOW SPEVACEK GROUP, INC.
PAGE 32
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RD,^, ReselutieR }le. 299:3 19:3&
Page 39
Amended and Restated
BayfronVTown Centre I Redevelopment Project
Plan
Exhibit A - Project Area Map
ROSENOW SPEVACEK GROUP, INC,
PAGE 33
RDA Resolution No. 2003-1838
Page 40
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT
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PAGE 34
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RDA: Re311ltltiem Nil. 2092 1838
Page 41
Amended and Restated
Plan
BayfronVTown Centre I Redevelopment Project
Exhibit B - Legal Descnption
ROSENCMI SPEVACEK GROUP. INC.
PAGE 35
RDA Resolution No. 2003-1838
Page 42
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT
[INSERT LEGAL DESCRIPTIONI
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ROSENOW SPEVACEK GROUP. INC.
PAGE 36
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RDA R~.,ulul~v1l1~v. 200J-18J8
Page 43
Amended and Restated Redeuelopment Plan
Bayfront/Town Centre I Redevelopment Project
Exhibit C - Listing of Proposed Public Facilities and Infrastructure
Projects
Public I..r.....t..acture Projects
Improvements to Project Area public infrastructure are intended to alleviate traffic
congestion and improve public safety, remove costly impediments to
development, and upgrade infrastructure to contemporary standards to stimulate
private development. The proposed traffic/circulation improvement projects shall
include, but are not limited to roadways, landscape, street lights, pedestrian
walkways, bridges, interchanges, roadways, curbs, gutters, sidewalks, parking,
street widening, street lights, traffic signals, over or underpasses, utility
undergrounding, bicycle paths, street medians, trails, and trolley crossings.
The proposed sewer and drainage improvement projects shall include, but are
not limited to, monitoring systems, sewer parallels, drainage, sewer lines,
wastewater treatment facilities, flooding systems, floor control dikes, and sewer
systems. The proposed utiiity and communication improvement projects shall
include, but are not limited to, electrical distribution systems, natural gas
distribution systems: cable TV and fiber optic communication systems, water
distribution systems, and windbreakers.
Further compliance with General Plan, zoning standards, and environmental
review may be necessary for these proposals to come forward. Projects include,
but are not limited to the following:
1) StreeVEntrvwav Beautification. Construct streetscape improvements at key
Project Area locations, including Fourth Avenue and Highway 54, E Street
and Interstate 5, Third Avenue, and H Street.
Community Facilities
The proposed community facilities improvement projects shall include, but
not limited to parks, open spaces, schools, school facilities, fire and police
facilities, communication systems, libraries, fire protection, cultural centers,
community centers, city maintenance facilities, plazas, recreational
facilities, playgrounds, and civic center. Further compliance with General
Plan, zoning standards, and environmental review may be necessary for these
proposals to come forward.
ROSENOW SPEVACEK GROUP, INC.
, ,
PAGE 37
RDA R",vlulivl1 Hv. 2003-1838
Page 44
Amended and Restated Redeuelopment Plan '"'""\
BayfronVfown Centre I Redevelopment Project
Exhibit D - Diagram of Current Permitted Land Uses
The following map presents the current General Plan land use designations for
the Project Area. As these designations are subject to change, please refer to the
General Plan for more information.
~
ROSENOW SPEVACEK GROUP, INC.
'"'""\
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Page 45
AMENDED AND RESTATED REDEVELOPMENT PLAN
BAYFRONTrrOWN CENTRE I REDEVELOPMENT PROJECT
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PAGE 39