The URL can be used to link to this page

Home My WebLink AboutRDA Packet 2004/01/27 Notice is hereby given that the Chair of the Redevelopment Agency has called and will convene a special joint meeting of the City Council/Redevelopment Agency, Tuesday, January 27, 2004, at 6:00 p.m., immediateiy following the City Council meeting in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California to consider, deliberate and act upon the following: REVISED ~ J é./2déL ~{f? dtePhen C. Padilla, Chairman ~..--: ~ CI1Y Of CHUlA VISTA TUESDAY, JANUARY 27, 2004 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - December 16, 2003 2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE GATEWAY CHULA VISTA PROJECT SECOND INSTALLMENT PAYMENT - On 6/6/2000, the Agency approved a Disposition and Development Agreement for development of the Gateway Chula Vista project. As subsequently amended, the DDA provides for participation by the Agency in Phase II of the project through a Second Installment Payment, payable upon completion of certain conditions and issuance of a building permit for the Phase II improvements. It is anticipated ,- that the building permit for Phase II will be issued in the next several months. As a result, an appropriation of $1,823,500 is now required. [Director of Community Development] 4/5ths VOTE REQUIRED STAFF RECOMMENDATION: Agency adopt the resolution. 3.a. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING THE PRELIMINARY PLAN FOR THE AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO TAKE REQUIRED ACTIONS UNDER HEALTH AND SAFETY CODE SECTIONS 33327 AND 33328 - This is the next step in the process of amending the Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area. The action to be taken at this joint public meeting of the Agency and Council are: a) consideration of the Preliminary Plan; b) circulation of the proposed Draft Amended and Restated Redevelopment Plan; c) consenting to the Joint Agency/Council public hearing to hear comments and consider the proposed amendment. [Director of Community Development] 3.b. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING CIRCULATION OF THE DRAFT AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT TO THE PLANNING COMMISSION 3.e. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO COMPLY WITH ALL LEGAL NOTIFICATION REQUIREMENTS 3.d. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO COMPLY WITH ALL LEGAL NOTIFICATION REQUIREMENTS STAFF RECOMMENDATION: Agency approve resolutions 3a., 3b. and 3c.; and Council approve resolution 3d. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. I Redevelopment Agency, January 27, 2004 Page 2 ,. 4. OTHER BUSINESS 5. DIRECTOR'S REPORT 6. CHAIR REPORT 7. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to the regular meeting of the Redevelopment Agency on February 3, 2004, at 4:00 p.m., immediately following the City Council meeting in the City Council Chambers, and thence to an Adjourned Regular Joint Meeting of the City Council/ Redevelopment Agency on February 3, 2004, at 6:30 p.m. at the John Lippitt Public Works Center, located at 1800 Maxwell Road, Chula Vista. AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, January 27, 2004 Page 3 ,. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 16, 2003 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 8:22 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: Salas (excused) ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR Agency/Councilmember Rindone stated that he would abstain ITom discussion and voting on Item 2 due to the proximity of his residence to the project. 1. APPROVAL OF MINUTES: October 7, 2003, November 18, 2003 Staff recommendation: Council! Agency approve the minutes. 2. AGENCY RESOLUTION NO. 1851, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF RELOCATING AN EXISTING SDG&E V AUL T NECESSARY TO COMPLETE THE RIGHT-OF-WAY IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF THE NEW POLICE FACILITY PROJECT (ClF PS 149) The vault located in City right-of-way on the west side of Fourth Avenue, immediately north of Memorial Way, falls in the middle of the new sidewalk associated with the construction of the new police facility. In order to relocate the vault to the back of the walk, it is necessary to grant SDG&E an easement. (Director of Engineering; General Services Director) Staff recommendation: Agency adopt the resolution. ACTION: Chair/Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0 on Item 1 and 3-0-1 on Item 2, with Agency/Councilmember Salas absent and Agency/ Councilmember Rindone abstaining due to the proximity of his residence to the project. I-I ,. ORAL COMMUNICATIONS There were none. PUBLIC HEARING 3. CONSIDERATION OF PROPOSAL TO AMEND THE PREVIOUSLY APPROVED SPECIAL USE PERMIT, SUP #TC1-02-02, FOR THE DEVELOPMENT OF A RESTAURANT AND GAME CENTER TO DELETE AN UNDERGROUND PARKING GARAGE, INCREASE BUILDING SQUARE FOOTAGE, AND INCREASE SEATING CAPACITY On November 7, 2003, Agency staff received an application ITom Anthony Raso to amend the previously approved Special Use Permit by deleting the underground parking garage, increasing the restaurant seating capacity, and increasing the building's gross square footage. The amended project proposes a maximum building occupancy of 125 (La Bella Café - 98 seat capacity) that will function both independently from the adjoining La Bella's Pizzeria and as an armex for over-flow, therefore requiring payment for 50 parking spaces provided off-site via the City's in-lieu parking program (pursuant to Chula Vista Municipal Code 19.62.040). The operation will share kitchen and storage facilities. In addition, the project will provide family gaming, including pool tables, shuffleboard, and a video game arcade. (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing. Community Development Specialist Perez presented the proposed amendment to the special use permit and the restated owner participation agreement. The project applicant, Anthony Raso, requested Council's consideration of a split payment of the in-lieu parking fees, requesting that halfbe paid prior to issuance of the building permit and the second halfbe paid when the certificate of occupancy is issued. Agency/Councilmember Rindone asked what provisions had been made to address the banning of alcoholic beverages for underage youth in the arcade section. Mr. Raso replied that he is working with a company to furnish tags for underage youth, thereby prohibiting them ITom entering the lower billiards area. Agency/Councilmember Rindone expressed his pleasure that the proposed project would provide a safe environment for various youth activities. Agency/Councilmember McCann spoke in favor of the request for a split payment option and believed the proposed project would be an enhancement to downtown Chula Vista and a safe environment for youth. Chair/Mayor Padilla asked whether there would be a problem with the applicant's request for a split payment. Ms. Ladiana responded that the Council could choose to approve the split payment and staff would then modify the condition accordingly. Deputy City Attorney Hull confirmed that the split payment was feasible and consistent with the ordinance. Chair/Mayor Padilla asked staff to clarify the Special Use Permit with regard to alcohol consumption in the game area. Mr. Perez replied that as a condition of granting the Special Use Permit, there would be no alcohol permitted in the arcade. I-Â Page 2 CouncillRDA Minntes 12/16/03 .. PUBLIC HEARING (Continued) Agency/Councilmember Rindone asked about the location of the 50 parking spaces. Ms. Ladiana replied that the condition was written to be site-specific with regard to enhancements on adjacent parking lots. Agency/Counci1member Rindone asked whether or not there was a rear entryway ITom the parking Jot located behind the restaurant. Mr. Perez responded that the rear entryway from the parking lot was included in the proposed project plans. Agency/Councilmember Rindone stated that he would support the project with the understanding that there would be a supervised rear entrance in order to encourage parking in the lot. There being no further members of the public wishing to speak, Chair/Mayor Padilla closed the public hearing. ACTION: Agency/Councilmember McCann moved to approve a split payment by the applicant ofthe $87,500 in-lieu parking fee, with half the payment due prior to the issuance of the building permit and the second half due when the certificate of occupancy is issued; and offered Agency Resolutions No. 1852 and No. 1853, headings read, texts waived: AGENCY RESOLUTION NO. 1852, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE DEVELOPMENT OF AN 8,884 SQU~ FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE 1 REDEVELOPMENT PROJECT AREA AGENCY RESOLUTION NO. 1853, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OWNER PARTICIPATION AREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF AN 8,884 SQU~ FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE 1 REDEVELOPMENT PROJECT AREA The motion carried 4-0. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIR'S REPORTS There were none. 6. AGENCY MEMBER COMMENTS There were none. 1- .3 Page 3 CouncillRDA Minutes 12/16/03 ,. ADJOURNMENT At 8:44 p.m., Chair/Mayor Padilla adjourned the meeting to an adjourned regular meeting of the Redevelopment Agency on January 6, 2004, at 4:00 p.m., immediately following the City Council meeting. ~ 6...J.3~??--~-j Susan Bigelow, CMC, City Clerk Page 4 Council/RDA Minutes 1-4 12/16/03 .. PAGE 1, ITEM NO.: Q- MEETING DATE: 01 /27 /2004 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROPRIATING FUNDS FOR THE GATEWAY CHULA VISTA PROJECT SECOND INSTALLMENT PAYMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ LY\ " REVIEWED BY: EXECUTIVE DIRECTOR (, r,QrI ^ 4/5THS YOTE: YES 0 NO D BACKGROUND On June 6, 2000 the Redevelopment Agency approved a Disposition and Development Agreement for development of the Gotewoy Chula Vista Project. As subsequently amended, the DDA provides for porticipation by the Agency in Phase II of the Project through a Second Installment Payment, payable upon completion of certain conditions and issuance of 0 building permit for the Phase II improvements. It is anticipated that the building permit for Phase II will be issued in the next severol months. As a result, an appropriation of $1,823,500 is now required. RECOMMENDATION Approve the Resolution Appropriating Funds for the Gateway Chula Vista Project Second Installment Poyment. BOARDS/COMMISSIONS RECOMMENDATION Not opplicable. DISCUSSION This action appropriates funds already outhorized by the Project's DDA, as adopted in 2000 and as subsequently amended by the Fourth Amendment to the DDA on April 15, 2003. This amendment provided for release of the Second Installment Payment upon issuance of a building permit for the Phose II improvements and associated conditions. It is expected thot these conditions will be met within the next two months ot which time the requested appropriation will be paid to the developer. Funds necessory for the pending Third Installment Payment will be appropriated through the FY 2004-2005 Agency budget process. With this appropriation, the Agency will have assisted the Project with a total of $3,714,500, which represents approximately 50 percent of total Agency participation commitments. Once all three Phases are completed, total Agency assistance is anticipated to be $7,358,000. r;;l-I ,. PAGE 2, ITEM NO.: ~ MEETING DATE: 01/27/2004 FISCAL IMPACT This appropriation represents a repayment of existing indebtedness in the Bayfront/T own Centre I Project Area Fund from the existing fund balance in the Merged Project Area Fund. Funds in the Merged Project Area Fund are sourced from proceeds from the Agency's 2000 Tax Allocation Bond as received from the Bond Trustee and were intended for this purpose. AnACHMENTS None J,\COMMDEV\Estes\TCI\Gateway Pmiecl\Secand Payment Appmpriat;an\secondpaymentappropciation.doc d..- ~ ,. RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING APPROPRIATING FUNDS FOR THE GATEWAY CHULA VISTA SECOND INSTALLMENT PAYMENT WHEREAS. the Redevelopment Agency and the Developer (Gateway Chula Vista, LLC) are parties to that certain Disposition and Development Agreement dated June 6, 2000 CODA"), as amended by that certain First Amendment to Disposition and Development Agreement dated September 25. 2002 ("First Amendment"), as further amended by that certain Second Amendment to Disposition and Development Agreement dated December 17. 2001, ("Second Amendment"); as administratively amended by that certain Third Amendment to the Disposition and Development Agreement dated April 16, 2002; as further amended by that certain Fourth Amendment to the Disposition and Development Agreement dated April 15, 2003; and as amended by that certain Fifth Amendment dated November 18, 2003; collectively the original DDA. the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment are herein referred to as the "DDA"); and WHEREAS, the DDA relates to redevelopment, development. and operation of a phased First Class, First Quality 344,000 square foot mixed-use commercial/office project with restaurant and retail components and common areas, including a five-tier 1300 space parking structure that spans all Phases of the Project; specifically the retail component will include up to 81,000 square feet with a restaurant, deli, coffee shop, financial institution, and other retail uses, Phase I will include 102,237 square feet in a five story office tower at the easterly portion of the Site, Phase II will include 125,000 square feet in a six story office tower, and Phase III will include 117,000 square feet in a six story office tower at the westerly portion ("Project"); and WHEREAS, the Project's Second Phase is getting underway and building permits have been applied for, which will necessitate the release of the Second Installment Payment of Agency participation upon approval of the Phase II building permits and associated conditions as set forth in the DDA; NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve appropriating funds in the amount of $1.823,500 from the existing balance in the Merged Project Area Fund using the proceeds from the Agency's 2000 Tax Allocation Bond Issue for repayment to the Bayfront/Town Centre I Project Area and funding the Gateway Chula Vista Project Second Installment Payment. PRESENTED BY APPROVED AS TO FORM BY Laurie Madigan Director of Community Development J:ICOMMDEVIEstesITCIIGateway ProjectlSecond Payment Appropnationlsecondpaymentreso.doc d--.3 ,. PAGE 1, ITEM NO.: ..3 MEETING DATE: 1/27/04 JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: 0) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING THE PRELIMINARY PLAN FOR THE AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO TAKE REQUIRED ACTIONS UNDER HEALTH AND SAFETY CODE SECTIONS 33327 AND 33328 b) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING CIRCULATION OF THE DRAFT AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT TO THE PLANNING COMMISSION c) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO COMPLY WITH ALL LEGAL NOTIFICATION REQUIREMENTS d) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO COMPLY WITH ALL LEGAL NOTIFICATION REQUIREMENTS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR Lt- ~ LJtv, REVIEWED BY: EXECUTIVE DIRECTOR (9 E Or' 4/5THS VOTE: YES CJ NO 0 BACKGROUND In on effort to extend economic development tools throughout commercial areas in the western part of Chulo Vista, Redevelopment Agency staff is proposing a redevelopment plan amendment to the Merged Chula Vista Redevelopment Plan (consisting of the Town Centre II, Otay Valley, and Southwest Redevelopment Plans). As you may recall, a combined Redevelopment Plan Amendment Process wos begun in summer of 2002 involving all of the City's project areas. As a result of the decision to withdraw the Bayfront/T own Centre I amendment and the West Fairfield property, City/Agency staff determined that it would be better to terminate the combined amendment process. Staff is commencing an updated amendment process to add territory to the Merged Chulo Vista Redevelopment Project Area (Town Centre II, Otay Valley and Southwest). .3 - ( ,. PAGE 2, ITEM NO.: .3 MEETING DATE: 1/27/04 If adopted by the City Council later this year after a joint public hearing of the Redevelopment Agency and City Council, the proposed Amendment would achieve the following: 1) Consolidate the Town Centre II, Otay Valley, and Southwest Redevelopment Plans into 0 single amended and restated redevelopment plan document to be known os the Merged Chula Visto Redevelopment Plan ("Redevelopment Plan"), including updating the public improvement and facility projects list in the Plan; 2) Add approximately 494 acres of property located throughout the western part of Chulo Vista to the Merged Chula Vista Redevelopment Project Area ("Added Areo"); and 3) Reestablish eminent domain outhority for a period of 12 years on 011 property (except for residentially-occupied property in a residential zone) in the Town Centre II constituent area of the Project Area; and 4) Reestablish eminent domain authority for a period of 12 years on all property in the Otay Valley constituent area of the Project Area. Because the Amendment proposes to add territory to the Project Area, a Preliminary Plan has been prepared and approved by the Planning Commission. The primary purpose of the Preliminory Plan is to establish the boundaries of the proposed Added Area. A map and legal description of the Added Area is included in the Preliminory Pion. In addition, the Preliminary Plan generally shows how the Redevelopment Plan, as amended, would conform to the City's Generol Plan and achieves redevelopment objectives of the Agency. Tonight, the Agency and City Council are scheduled to consider several actions relating to the 2004 Amendment, including accepting the Preliminary Pion as opproved by the Planning Commission, outhorizing stoff to circulate a draft Redevelopment Plan to the Planning Commission for their report and recommendation, and consenting to a joint public hearing on the 2004 Amendment. RECOMMENDATION That the Redevelopment Agency and City Council adopt the following resolutions taking the following actions: 1) Accepting the Preliminary Plan for the Amendment; 2) Authorizing Circulation of the Draft Amended and Restated Redevelopment Plan for the Merged Chulo Vista Redevelopment Project to the Planning Commission; and 3) Consenting to a Joint Public Hearing on the Proposed 2004 Amendment to the Merged Chula Vista Redevelopment Plan and Directing Staff to Comply with all legally Required Notifications. ..3-,;)... " PAGE 3, ITEM NO.: 3 MEETING DATE: 1/27/04 BOARDS/COMMISSIONS RECOMMENDATION The Planning Commission approved the accompanying Preliminary Plan at its meeting of January 21, 2004. DISCUSSION The proposed Amendment is necessary to permit the Agency to effectively implement its economic development ond redevelopment goals in west Chula Vista. Expansion of the Proiect Area enables the Agency to more consistently implement redevelopment projects in the majority of the commercially zoned areas in the western part of Chula Vista, porticularly Broadway ond Third Avenue where (in many areas) the Agency does not have redevelopment authority. The Added Areo is entirely located within the City limits of Chula Vista (0 35 acre site in West Fairfield within the City of Son Diego that was previously contemplated to be included in the Project Area has been dropped from consideration.) The majority of the Added Area is designated for commercial or industrial uses, although the area does contain residential uses including seven trailer parks and a few other residentially used parcels. Residential uses are included in the Added Area because they are in mony cases negotively impacted by surrounding commercial and residential uses, and ultimately could be redeveloped to another use consistent with the City's General Pion. Residential uses in residentially zoned oreos would only be redeveloped on a voluntary basis, as the Agency proposes to exempt these properties from eminent domain authority. Other uses, including residential uses in nonresidential zones, would be subiect to eminent domain, consistent with Agency redevelopment policies in other parts of the Project Area. The Amendment does not propose to use eminent domain or acquire any property at this time, ond eminent domain has traditionally been rarely implemented by the Agency as a lost resort. As stated in the Preliminary Plan, the Amendment would also extend the Agency's time limit to use eminent domain in the Town Centre II and Otay Valley constituent areas (exempting residential uses in a residential zone), consistent with redevelopment policy in the Southwest constituent area, as well as the Bayfront/T own Centre I Project Area. Finally, the Amendment would consolidate the three separate redevelopment pions that comprise the merged Redevelopment Plan into a single document for more effective and streamlined administration. Preliminary Plan The primary purpose of a preliminary plan is to generally outline the redevelopment policies that will ultimately be incorporated into the amended Redevelopment Plan. More specifically, the attached Preliminary Plan describes the following: . The boundaries of the proposed merged project area as amended with the Added Area; . A general statement of land uses, layout of principal streets, population densities, and building intensities and standards proposed as a basis for redevelopment of the project area; .3-,,3 ,. PAGE 4, ITEM NO.: 3 MEETING DATE: 1/27/04 . A description of how the purpose of the Law would be attained through the redevelopment of the project area; . A stotement that the proposed Amendment is consistent with the community's general plan; and . A general description of the impact of the proposed Amendment upon the Added Area's residents and surrounding neighborhoods. Acceptance of the attoched Preliminary Pion permits Agency staff and redevelopment consultants to move forward with the appropriate notices and document preparation octivities with respect to the acceptance. Amended and Restated Redevelopment Plan Following accepting the Preliminary Plan, the Agency is scheduled to consider a resolution authorizing stoff to circulate a draft Amended and Restated Redevelopment Pion to the Planning Commission, os required by Law. As stated earlier, one of the intentions of the Amendment is to consolidate the three separate constituent redevelopment plans into a single document for more efficient administration. The proposed draft Redevelopment Plan ottoched to the resolution before the Agency board addresses this objective, and incorporates the eminent domain time limit extension and Added Area expansion into the Plan. An earlier version of the draft Amended ond Restated Redevelopment Plan was provided to the Planning Commission, as well as the Town Centre and Added Area Project Area Committees (PACs), in August 2003. The current version of the Redevelopment Plan differs only slightly from the August 2003 version. Aside from the recent time limit amendments adopted by the City Council (and not subject to Planning Commission or PAC review) the only material change to the draft Amended and Restated Redevelopment Plan are the removal of a few parcels within the jurisdiction of the City of San Diego in the West Fairfield area from the proposed Added Area. This change to the boundary reduces the area of the proposed Added Area by approximately 8%, and was necessory in order for the Agency to be able to proceed with the Amendment in 0 timely manner. Redevelopment Law requires the Planning Commission to approve any modifications to the Added Area boundaries, which is the reason why the Amended and Restated Redevelopment Plan is being recirculated to the Planning Commission. Specific actions required of the Planning Commission include a determination thot the Amended and Restated Redevelopment Plan conforms to the City's General Plan. Because the proposed minor revision to the Added Area boundary does not affect the deliberations undertaken by either of the PACs, and further because neither of the PACs made ony specific recommendations with regard to the proposed boundaries, the current proposed Plan is not required to be circulated back to these entities, and their original recommendations stand and would be presented to the City Council and Agency at the joint public hearing. 3-4 ,. PAGE 5, ITEM NO.: .3 MEETING DATE: 1/27/04 Consent to Joint Public Hearinq Redevelopment Law requires that the Agency ond City Council conduct public hearings on a redevelopment plan amendment before the City Council considers an omending ordinance. In lieu of conducting separate heorings, Sectian 33458 of the Low permits the Agency ond City Council to hold a single joint public hearing. Attached ore two separate resolutions (one for the Agency and one for the City Council) that provide for eoch entity's consent to the joint public hearing. The date of the joint public hearing is pending receipt of the County Auditor-Controller's assessed value documentotion related to the proposed Added Area. Staff anticipates the hearing will occur sometime between March and May of this year. Once the information from the County has been received, staff will set the date of the hearing, and undertake the required noticing so that all Project Areo property owners, businesses, residents, and affected taxing ogencies, as well as other interested parties would be notified os required by Law. These legal notice requirements include publication of the notice and map in a newspaper of general circulation for four successive weeks, plus mailing the notice to all property owners, business owners, residents, and affected taxing agencies in the Project Area. The mailed notice will be sent at least 30 doys before the joint public hearings as required by Law. In its continuing effort to address public questions on the Amendment process, staff will be holding a public workshop approximately 2 weeks before the public hearings. Approval of the resolution is not subject to review under the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations including Section 15060 (c) (2), as the approval of the resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15004 (b) (2) (B), in that adoption of the resolution does not foreclose alternatives or mitigation measures. FISCAL IMPACT Approval of the resolutions pertaining to the Preliminary Plan and draft Amended and Restated Redevelopment Plan have no immediate direct impact on the Agency. If, after the ¡oint public hearing, the City Council odopts an ordinance opproving the Amendment, the Agency would be able to expand its redevelopment efforts into the Added Area over time, and receive tax increment revenue from the Added Area to fund these activities. Staff and consultants estimate that approximately $124 million could be generated from the Added Area over 45 years to fund redevelopment activities. Notice of the public hearing will require extensive publication and mailing of legally required notices as described earlier. The cost of these noticing activities is approximately $8,000 - $10,000, and is included in the Agency's 2003-04 budget. J\COMMDEV\STAFF.REP\01-27-04\Joint Stoff Report Redevelopment Amendment - Jon 27 04.doc 101/131200411,28 AM] ....ß-~ .- RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING THE PRELIMINARY PLAN FOR THE AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO TAKE REQUIRED ACTIONS UNDER HEALTH AND SAFETY CODE SECTIONS 33327 AND 33328 WHEREAS, on August 15, 1978 the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22,2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983 the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990 the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9,1991 by Ordinance No. 2467, on November 8,1994 by Ordinance No. 2612, and on August 22,2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 ftl se.Q. ("Law"); and WHEREAS, by Ordinance No. 2947, the Merged Chula Vista Redevelopment Plan was amended to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)B); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas ("2004 Amendment"); and WHEREAS, the City Council adopted Resolution No. 2004-- on January 6, 2004 designating a redevelopment survey area ("Survey Area") to determine if a formation of a redevelopment project area or project areas, or an amendment area or amendment areas, were feasible; and WHEREAS, staff, legal counsel, and consultants have reviewed the Survey Area and preliminarily determined that approximately 494 acres of territory ("Added Area") could meet the necessary requirements for a redevelopment project area as provided in the Law; and -3~- ( ',COM~""""Œ.'-m"""~~,"",A"""",,~cl'm"',,,""'-'oo"W'~ " WHEREAS, the Agency desires to amend the Merged Chula Vista Redevelopment Plan in part to include the Added Area in the Merged Chula Vista Redevelopment Project Area; and WHEREAS, the Planning Commission of the City of Chula Vista adopted Resolution No. - on January 21, 2004 approving the Preliminary Plan for the Merged Chula Vista Redevelopment Project Area ("Project Area") and to designate the boundary for the property to be added to the Project Area ("Added Area"). WHEREAS, approval of the resolution is not subject to review under the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations including Section 15060 (c) (2), as the approval of the resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15004 (b) (2) (B), in that adoption of the resolution does not foreclose alternatives or mitigation measures. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Chula Vista as follows: 1. The Preliminary Plan prepared for the 2004 Amendment, as submitted herewith and attached hereto as Exhibit, "A", is hereby accepted. 2. Staff is authorized and directed to make such transmittals and take such other actions as may be required or appropriate pursuant to Health and Safety Code Sections 33327 and 33328, including delivery of all necessary notices and materials to affected taxing entities and officials in the Project Area, and requesting that the 2003-04 equalized assessment roll be established as the base year valuation roll for the Added Area. Presented by Approved as to form by Laurie M. Madigan Community Development Director "cO_'_W""-"."A,~~'=A"~"", h,"m;MO'"" -,," "W Ooc JQ.-d.- ,. EXHIBIT "A" PRELIMINARY PLAN FOR THE AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN ..,3Q. -.3 C""'-œu'" _""",d"""" -".."...""". ,"a'OumlA, """ '"' -.. ,. Amendment to Merged Chula Vista Redevelopment Plan (Merged Town Centre II, Otay Valley, and Southwest Project Area) Preliminary Plan December 19, 2003 Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 R- Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.corn ...3 ø.. - 4 Preliminary Plan Amendment to Merged Chula Vista Redevelopment Plan (Merged Town Centre II, Otay Valley, and Southwest Project Area) Table of Contents Introduction .......... ............... ........... ............................... ............ 1 Project Area Location and Description ..................................... 2 Existing Project Area..................................................................................... 2 Proposed Added Area .............................................................,..................... 3 General Statement of Proposed Planning Elements................. 3 Land Uses....................................................................................................... 4 General Statement of Proposed Layout of Principal Streets.................... 4 General Statement of Proposed Population Densities.............................. 5 General Statement of Proposed Building Intensities................................. 5 General Statement of Proposed Building Standards................................. 5 Attainment of the Purposes of the Redevelopment Law.......... 6 Consistency with the General Plan of the City ......................... 6 General Impact of the Proposed Project upon the Residents of the Project Area and Surrounding Neighborhoods ...................6 Exhibit A - Project Area Map and Legal Description ................ 8 Jt¿ -~ JICOMMDEV>TAPL'\IPROJECTS\8IGAMENDMENT\PRElIMINARY PlAN - OEC 19 OOOOC .. Preliminary Plan Amendment to Merged Chula VIsta Redevelopment Plan (Merged Town Centre II, Otay Valley, and Southwest Project Area) Introduction This document is the Preliminary Plan ("Plan") for the proposed amendment to the Redevelopment Plan for the Merged Chula Vista Redevelopment Project (consisting of the Merged Town Centre II, Otay Valley, and Southwest Redevelopment Project Areas) ("Amendment"). Its purpose is to provide a general description of the contemplated redevelopment amendment, and to designate the boundaries of proposed areas to be added to the existing Merged Chula Vista Redevelopment Project Area. If this Plan is approved by the City of Chula Vista Planning Commission ("Planning Commission") and the Redevelopment Agency of the City of Chula Vista ("Agency"), the Agency would commence a process to amend the Merged Chula Vista Redevelopment Plan as follows: 1) Consolidate the Town Centre II, atay Valley, and Southwest Redevelopment Plans into a single amended and restated redevelopment plan document to be known as the Merged Chula Vista Redevelopment Plan ("Redevelopment Plan"), including updating the public improvement and facility projects list in the Plan; 2) Add approximately 494.37 acres of property located throughout the westem part of Chula Vista to the Merged Chula Vista Redevelopment Project Area ("Added Area"); and 3) Reestablish eminent domain authority for a period of 12 years on all property (except for residentially-occupied property in a residential zone) in the Town Centre II constituent area of the Project Area; and 4) Reestablish eminent domain authority for a period of 12 years on all property in the atay Valley constituent area of the Project Area. In accordance with Section 33324 of the Califomia Community Redevelopment Law ("Law"), this Plan must: . Describe the boundaries of the Project Area; ROSENOW SPEVACEK GROUP, INC. ..34.-(.,. PAGEl ,. PRELIMINARY PLAN AMENDMENT TO MERGED CHULA VISTA REDEVELOPMENT PLAN (MERGED TOWN CENTRE II, OTAYVALLEY,AND SOUTHWEST PROJECT AREA) . Contain a general statement of land uses and of the layout of principal streets, population densities, building intensities and standards proposed as the basis for the redevelopment of the Project Area; . Show how the purposes of the Law would be attained by redevelopment of the Project Area; . Show how the proposed redevelopment of the Project Area is consistent with the community's general plan; and . Describe, generally, the impact of the project upon residents of the Project Area and surrounding neighborhoods. Project Area Location and Description Chula Vista is located in the South Bay area of the greater San Diego metropolitan area, 7 miles south of the City of San Diego Downtown and 7 miles north of the US-Mexico border. Chula Vista covers an area of approximately 32,572 acres, contains 64,440 housing units, and the City's population in 2002 was estimated at 191,090, making Chula Vista the second largest city in the County, according to reports from Geographical Applied Solution. Existing Project Area The existing Project Area consists of the previously merged Town Centre II, Otay Valley, and Southwest Redevelopment Project Areas. The total acreage of the existing Project Area is 1,896 acres, or 5.8% of the City; most of this property is in commercial and industrial use. What is now the existing Project Area (Town Centre II, Otay Valley and Southwest) originated on August 15, 1978, when the Chula Vista City Council approved a redevelopment plan for the Town Centre II Redevelopment Project Area. The original Town Centre II Project Area was enlarged on May 19, 1987 to include several noncontiguous areas in west Chula Vista. The Town Centre II Redevelopment Plan underwent additional amendments in 1988, 1994, and most recently in 2000, though none of these added territory to the Town Centre II Project Area. Major land uses in the Town Centre II are the Chula Vista Shopping Center regional mall, the Civic Center, and other commercial and residential uses. The atay Valley Redevelopment Plan was adopted on December 29, 1983 and includes commercial, industrial, and vacant properties along the ROSENOW SPEVACEK GROUP. INC. ..3Q-7 PAGE 2 ,. PRELIMINARY PLAN AMENDMENT TO MERGED CHULA VISTA REDEVELOPMENT PLAN (MERGED TOWN CENTRE II. OTAY VALLEY. AND SOUTHWEST PROJECT AREA) south side of what is now referred to as Main Street, east of Interstate 805. The Otay Valley Redevelopment Plan has been amended twice since its adoption, though none of these amendments modified the boundaries of the original Otay Valley Project Area. The Southwest Redevelopment Project Area includes industrial, commercial, and residential properties in the southem part of the City, along Main Street (west of Interstate 805), Broadway and Third Avenue. The Southwest Redevelopment Plan was originally adopted on November 27, 1990, and amended shortly thereafter on July 9, 1991 to include a small amount of additional area. Several other amendments occurred between 1994 and 2002, though none of these modified the boundaries of the Southwest Project Area. On August 22, 2000, the City Council merged the Town Centre II, Otay Valley, and Southwest redevelopment areas by adopting a series of plan amendments. The area merger did not alter the existing redevelopment plans themselves, but authorized the use of tax increment funds throughout the three merged project areas. Proposed Added Area The Amendment proposes to incorporate additional territory (known as the "Added Area") to the existing Project Area. The Added Area would increase the size of the merged Project Area by approximately 494.37 acres (approximately 26%), bringing the total to 2,390 acres. The parcels that comprise the Added Area lie along the major commercial and industrial roadways in the western part of Chula Vista (Broadway, Third Avenue, E Street, H Street, and other areas in the northem part of the City) that is not already in the existing Project Area. A few residential properties are also included in the Added Area, in order to potentially consolidate the necessary land assembly and effectuate future redevelopment projects. By including all the proposed properties, redevelopment efforts such as infrastructure and capital project improvements will be effective in developing the entire Project Area. General Statement of Proposed Planning Elements This Preliminary Plan envisions that the planning elements to be contained in the Amended and Restated Redevelopment Plan for the Project Area will be identical to the applicable provisions of the General Plan and all other state and local codes and guidelines, as they may be amended from time to time. Implementation of the Redevelopment Plan may result in changes to existing land uses, in accordance with General Plan policies ROSENOW SPEVACEK GROUP. INC. ..3~ -r PAGE 3 " PRELIMINARY PLAN AMENDMENT TO MERGED CHULA VISTA REDEVELOPMENT PLAN (MERGED TOWN CENTRE II, OTA Y VALLEY, AND SOUTHWEST PROJECT AREA) (and other applicable codes and guidelines), as such policies exist or are hereafter amended. Land Uses Within the Project Area, land uses shall be those permitted by the General Plan, as they exist today or are hereafter amended. Currently, the General Plan permits the following uses in the Project Area: . Commercial - Thoroughfare (CT) . Commercial - Retail (CR) . Residential High (RH) [18.27+ du/ac] . Residential low-Medium (RlM) [3-6 du/ac] . Residential Medium (RM) [6-11 du/ac] . Mercantile and Office Commercial (CMO) . Residential Medium.High (RMH) [11/18 du/ac] . Industrial - General (Il) . Commercial - Visitor (CV) . Commercial Office (CO) . Public & Quasi Public (PQ) . Open Space, Agriculture & Reserve (OSP) . Right otWay (ROW) General Statement of Proposed Layout of Pñncipal Streets The map in Exhibit A presents the principal streets within the Project Area. These streets include: Broadway, Third Avenue, Main Street, Palomar Street, and C Street. If the Amendment is adopted, existing streets within the Project Area may be widened or otherwise modified and additional streets may only be created as necessary for proper pedestrian and/or vehicular circulation in a manner consistent with the General Plan. ROSENOW SPEVACEK GROUP. INC. JQ.-' PAGE 4 .. PRELIMINARY PLAN AMENDMENT TO MERGED CHULA VISTA REDEVELOPMENT PLAN (MERGED TOWN CENTRE II, OTAYVALLEY,AND SOUTHWEST PROJECT AREA) The layout of principal streets and those that may be developed in the future shall conform to the General Plan as currently adopted or hereafter amended. General Statement of Proposed Population Densities If the Amendment is adopted, permitted densities within the Project Area will conform to the General Plan and zoning code, as currently adopted or as hereafter amended, and other applicable codes and ordinances. Implementation of the Amended and Restated Redevelopment Plan may result in changes to existing land uses that may result in changes to existing population densities in the Project Area, in accordance with General Plan policies (and other applicable codes and guidelines); as such policies exist or are hereafter amended. General Statement of Proposed Building Intensities Building intensity shall be controlled by limits on the: . Percentage of the building site covered by the building (land coverage); . Size and location of the buildable area on the building site; and . Height of the building. The limits on building intensity shall be established in accordance with the provisions of the General Plan and zoning code, as they now exist or are hereafter amended. Implementation of the Amended and Restated Redevelopment Plan may result in changes to existing land uses that may result in changes to existing building intensities in accordance with General Plan policies (and other applicable codes and guidelines); as such policies exist or are hereafter amended. General Statement of Proposed Building Standards Building standards shall conform to the building requirements of applicable codes and ordinances. Implementation of the Amended and Restated Redevelopment Plan may result in changes to existing land uses that may result in changes to existing buildings in accordance with General Plan policies (and other applicable codes and guidelines); as such policies exist or are hereafter amended. ROSENOW SPEVACEK GROUP, INC. J~ -10 PAGE 5 ,. PRELIMINARY PLAN AMENDMENT TO MERGED CHULA VISTA REDEVELOPMENT PLAN (MERGED TOWN CENTRE II, OTA Y VALLEY, AND SOUTHWEST PROJECT AREA) Attainment of the Purposes of the Redevelopment Law The properties in the existing Project Area were determined to be blighted and selected when the Town Centre II. Otay Valley and gouthwest constituent redevelopment plans were adopted. The properties in the Added Area suffer from similar physical and economic problems; these conditions will be more extensively evaluated and documented during the process of preparing the Amended and Restated Redevelopment Plan. Redevelopment of the Amended Merged Project Area would attain the purposes of the Law by alleviating blighting conditions that the private sector, acting alone, has not remedied. The purposes of the Law would be attained by the proposed Amendment through the: . Participation of owners and tenants in the revitalization of their properties; . Replanning, redesign and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized; and . Encouragement of modern, integrated development with improved pedestrian and vehicular circulation. Consistency with the General Plan of the City Because land uses, transportation, and other development standards incorporate existing General Plan policies, this Plan is consistent with the General Plan. This Plan does not propose to institute additional land use policies not otherwise permitted by the General Plan. General Impact of the Proposed Project upon the Residents of the Project Area and Surrounding Neighborhoods Project impacts on residents within, and adjacent to, the proposed Project Area will generally be improved economic and physical conditions. Through the Amended and Restated Redevelopment Plan, the Agency desires to facilitate the redevelopment of the Project Area to better suit surrounding areas. ROSENOW SPEVACEK GROUP. INC. -:Jq, - ( ( PAGE 6 ,. PRELIMINARY PLAN AMENDMENT TO MERGED CHULA VISTA REDEVELOPMENT PLAN (MERGED TOWN CENTRE II, OTAYVALLEY, AND SOUTHWEST PROJECT AREA) Project development and implementation will be subject to further review and approval by the City Council, Planning Commission, Agency and other non-City environmental and taxing agencies. Further, the Agency will conduct a community outreach program during the plan amendment process and implementation phases to gain the continued insight and perspectives of affected property owners, business owners, residents, and other interested parties. ROSENOW SPEVACEK GROUP, INC. ...3 0.. - (2- PAGE 7 ,. Exhibit A - Project Area Map and Legal Description . i Þ r \ I ".. I I ... I a" \ , " , \ H \ H \\ """.,sIò ~~ 58 \..~ I r ' ! \ .1\ """,O?' ~ " ~ ~ I ~ , õ ~ ~ ~ ;; . " ~ ~ II . C,) j'¡ ~- - ¡¡ ~ g. 0 ;; ~ c:: ,8 CJ ~ ~ '" ,~ w ~ 0 C,) ~: ~ .. Il. 5 ~ (/) 01 ð z " w . (/) 0 ~ c:: ~ , """,", \ ~ ~ , u . \ (0 ..!J Q.. - I '-I RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING CIRCULATION OF THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT TO THE PLANNING COMMISSION WHEREAS, on August 15, 1978 the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22,2000 by Ordinance No. 2817 ('Town Centre II Plan"); and WHEREAS, on December 29, 1983 the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990 the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22,2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 at .sf1q. ("Law"); and WHEREAS, by Ordinance No. 2947, the Merged Chula Vista Redevelopment Plan was amended to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)B); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas ("2004 Amendment"); and WHEREAS, the Planning Commission of the City of Chula Vista adopted Resolution No. - on January 21, 2004 approving the Preliminary Plan for the 2004 Amendment to the Merged Chula Vista Redevelopment Project Area ("Project Area") and to designate the boundary for the property to be added to the Project Area ("Added Area"); and WHEREAS, approval of the resolution is not subject to review under the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations including Section 15060 (c) (2), as the approval of the resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15004 (b) (2) (B), in that adoption of the resolution does not foreclose alternatives or mitigation measures. !.ICOMMOEV\RESOSIOI-27-04IAg'"'yR",A"h"¡""gC¡coofRod"PI"-!,, 27 04 do ~ b - , .. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby authorizes staff to circulate the draft 2004 Amendment, in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project attached herewith as Exhibit "A", to the Planning Commission for their report and recommendation. Presented by Laurie M. Madigan Community Development Director J\COMMDEV\RESDSlO>-,,","'Ag,",yR,w Ao<ho,;';"gC;"ofR,'"PlM -JM 27 04'0' .3b-~ ,. EXHIBIT "A" DRAFT 2004 AMENDMENT IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT )\COMMOEV\RE505\01-27-O4\A"", R~o A"'hoc','", C", "'R"" PI'"-h" 27 04 do< .3 b -.3 .. Merged Chula Vista Redevelopment Project Amended and Restated Redevelopment Plan January 27, 2004 Redevelopment Agency of the City of Chula VISta 276 Fourth Avenue Chula VISta, California 91910 ROHfIOW 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 ..3h-t./ - Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Table of Contents SECTION I (100) INTRODUCTION ...........................................1 SECTION II (200) GENERAL DEFINITIONS.............................. 2 SECTION III (300) PROJECT AREA BOUNDARIES................ 4 SECTION IV (400) REDEVELOPMENT PLAN GOALS................ 4 2003 Amendment Constituent Area............................................................. 4 Otay Valley Constituent Area........................................................................ 5 Original and Amended Southwest Constituent Areas............................... 7 Original and Amended Town Centre II Constituent Area """"""""""""" 8 SECTION V (500) REDEVELOPMENT PLAN ACTIONS ............. 9 (501) General......................................................................................... 9 (502) Property Acquisition................................................................. 10 (505) Participation by Owners and Persons Engaged in Business12 (509) Implementing Rules.................................................................. 14 (510) Cooperation with Publie Bodies.............................................. 14 (511) Property Management .............................................................. 15 (512) Payments to Taxing Agencies................................................. 15 (513) Relocation of Persons Displaced by a Project ...................... 15 (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste..................... 16 (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs......................................................................... 17 (526) Property Disposition and Development ................................. 19 (534) Low- and Moderate-Income Housing...................................... 23 ..3 b -5 C,\OOCUMEt<TS AND SETTINGS\MIGUEL T1lOCAL SETTINGS\TEMPORARY IKTERNET FlLES\OU(12\REDEVELDPMENT PlAN2OQC ,. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT SECTION VI (600) USES PERMITTED IN THE PROJECT AREA23 (601) Maps and Uses Pennitted """""""""""""""""""""""""""" 23 (602) Public Uses ................................................................................ 24 (605) Nonconfonning Uses................................................................ 24 (606) Interim Uses............................................................................... 25 (607) General Control and Limitations ............................................. 25 (617) Design for Development........................................................... 27 (618) Building Pennits........................................................................ 28 SECTION VII (700) METHODS FOR FINANCING THE PROJECT28 (701) General Description of the Proposed Financing Methods... 28 (702) Tax Increment Revenue............................................................ 29 (703) Agency Bonds........................................................................... 30 (704) Other Loans and Grants........................................................... 31 (705) Rehabilitation Loans, Grants, and Rebates............................ 31 SECTION VIII (800) ACTIONS BY THE CITY ...........................31 SECTION IX (900) ADMINISTRATION AND ENFORCEMENT... 32 SECTION X (1000) PLAN LIMITATIONS.................................. 32 (1001) Amount of Cumulative Tax Increment Revenue........................... 32 (1002) Amount of Bonded Indebtedness Outstanding At Any One Time ............................................................................................33 (1003) Time Frame to Incur Indebtedness ......................................... 33 (1004) Duration of This Plan ................................................................ 34 (1005) Time Frame to Collect Tax Increment Revenue..................... 34 SECTION XI (1100) PROCEDURE OF AMENDMENT """""""" 34 Exhibit A - Project Area Map................................................... 35 Exhibit B - Legal Description .................................................. 37 ..3b -¿, - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects ........................................38 Public Infrastructure Projects..................................................................... 38 Community Faeilities................................................................................... 38 Exhibit D - Diagram of Current Permitted Land Uses ............ 39 .36 -7 .. Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project SECTION I (100) INTRODUCTION (101) This is the amended and restated Redevelopment Plan for the merged Chula Vista Redevelopment Project ("Plan"), located in the city limits and sphere of influence of the City of Chula Vista, Califomia. It consists of the text (Sections 100 through 1100); the Map of the merged Chula Vista 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 0). The Project Area consists of six constituent redevelopment project areas: . the Original Town Centre II Redevelopment Project Area (hereinafter defined as the "Original Town Centre II Constituent Area"); . the Amended Town Centre II Constituent Area which consists of an area added to the Original Town Centre II Constituent Area; . the Otay Valley Redevelopment Project Area (hereinafter defined "Otay Valley Constituent Area"); . the Orignial Southwest Redevelopment Project Area (hereinafter defined as the "Original Southwest Constituent Area"); . the Amended Southwest Constituent Area, which consists of, an area added to the Original Southwest Constituent Area. The aforementioned Original Town Centre /I Constituent Area, the Amended Town Centre /I Constituent Are, the Otay Valley Constituent Area, the Original Southwest Constituent Area and the Amended Southwest Constituent Area were previously merged on August 22, 2000 by Ordinance Nos. 2817, 2818 and 2819, and are hereinafter referred to collectively as the "Merged Chula Vista Redevelopment Project Area') and amended on January 6, 2004 by Ordinance No. - and February ~ 2004 by Ordinance No. -' . the 2003 Amendment Constituent Area, which consists of, an area added to the Merged Chula Vista Redevelopment Project Area by Ordinance No. - adopted on -' ROSENOW SPEVACEK GROUP, INC. ...!t h - 9' PAGE 1 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT This Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California ("Agency") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, ~ ~.), the California 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 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 established. and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. Many of the requirements contained in this Plan are necessitated 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 time. In the event that any such statutory changes affect this Plan's terms, and would be applicable to the Agency, the Project Area, or this Plan, the terms of this Plan that are so affected shall be automatically superseded by such statutory changes, to the extent necessary to be in conformity 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 City 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 City of Chula Vista, California. D. "City Council" means the legislative body of the City. E. "County" means the County of San Diego, California. F. "Disposition and Development Agreemenf' means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. J./J -'1 ROSENOW SPEVACEK GROUP, INC. PAGE 2 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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 it exists today or is hereafter amended. H. "Legal Description" means the metes and bounds legal description of the Project Area attached hereto as Exhibit B. I. "Map" means the map of the Project Area attached hereto as Exhibit 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. K. "Owner" means any person owning fee title to, or a long.term leasehold interest in 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 improvement and/or its redevelopment as to 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 Merged Redevelopment Project, as amended by Ordinance No. - on January ~ 2004, Ordinance No. - on February -' 2004, and Ordinance No. - on - P. "Project" means the Merged Redevelopment Project. Q. "Project Area" means the Merged Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. R. "2003 Amendment Constituent Area" means the territory added to the Project Area by Ordinance No. - adopted on -' S. "Otay Valley Constituent Area" means the Otay Valley Redevelopment Project established on December 29, 1983 by Ordinance No. 2059, and amended by Ordinance No. 2611 on November 8,1994, and Ordinance No. 2818 on August 22, 2000. T. "Amended Southwest Constituent Area" means the territory added to the Original Southwest Constituent Area by Ordinance No. 2467 on July 9, 1991. U. "Original Southwest Constituent Area" means the Southwest Redevelopment Project established on November 27, 1990 by Ordinance ROSENOW SPEVACEK GROUP. INC. J.h - 10 PAGE 3 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT No. 2420 and amended by Ordinance 2612 on November 6, 1994, and Ordinance 2819 on August 22, 2000. V. "Amended Town Centre II Constituent Area" means the territory added to the Original Town Centre II Constituent Area by Ordinance No. 2274 on July 19, 1988. W. "Original Town Centre II Constituent Area" means the Town Centre Redevelopment Project established on August 15, 1978 by Ordinance No. 1827 and amended by Ordinance No. 2207 on May 19, 1987, Ordinance No. 2610 on November 8, 1994, and Ordinance No. 2817 on August 22, 2000. X. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, § ~.) as it now exists or may be hereafter amended. Y. "State" means the State of Califomia. Z. "State Law" means an enactment of State of Califomia, and includes such regulations as have the force of law. SECTION III (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION IV (400) REDEVELOPMENT PLAN GOALS This Plan is intended to achieve the following goals: 2003 Amendment Constituent Area . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. . Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. . Stimulate investment of the private sector in the full development of the Project Area. . Promote public improvement facilities, which are sensitive to the unique environment qualities of the Project Area. ..JÞ-If ROSENOW SPEVACEK GROUP, INC. PAGE 4 ,. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. . Encourage cooperation and participation of property owners, business persons, public agencies and community organizations in the revitalization of the Project Area. . Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. . Expand the resource of developable land by making underutilized land available for development. . Renovate and restore sites characterized by deficiencies including, but without limitations, conditions of soil which render private development infeasible or impractical. . Achieve an environment reflecting a high level of concem for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. . Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and piecemeal planning practices . Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. Otay Valley Constituent Area . Eliminate existing blighted conditions, be they properties or structures, and the prevention of recurring blight in and about the Project Area. . Develop property within a coordinated land use pattem of commercial, industrial, recreational, and public facilities in the Project Area consistent with the goals, policies, objectives, standards, guidelines and requirements as set forth in the City's and County's adopted General Plan and Zoning Ordinance. . Develop public services and facilities including, but not limited to recreational, maintenance, and operational services and facilities as are necessary and required for the development of the Project Area. . Eliminate environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services; and mitigation of highway impacts, including its circulation, movement and its potential social, physical, and environmental characteristics of blight. ...fj h -I ~ ROSENOW SPEVACEK GROUP, INC. PAGE 5 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Develop a more efficient and effective circulation corridor system free from hazardous vehicular, pedestrian, and bicycle interfaces. . Implement techniques to mitigate blight characteristics resulting from exposure to highway and public right-of-way corridor activity and affecting adjacent properties within the Project Area. . Eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. . Encourage, promote, and assist in the development and expansion of local commerce and need commercial and industrial facilities, increasing local employment prosperity, and improving the economic climate within the Project Area, and the various other isolated vacant and/or undeveloped properties within the Project Area. . Acquisition, assemble, and/or dispose of sites of usable and marketable sizes and shapes for residential, open space, recreational and Project public facility development within the Project Area. . Create a more cohesive and unified community by strengthening the physical, social, and economic ties between residential, commercial, industrial, and recreational land uses within the community and the Project Area. . Acquisition and dispose of property for the purpose of providing relocation housing, as may be required, to implement the objectives of this Plan. . Provide for affordable housing availability as required by County, Region, or State law and requirements, as necessary and desirable, consistent with the goals and objectives of the community. . Encourage the coordination, cooperation, and assistance of other local agencies, as may deem necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent. . Achieve a physical environment reflecting a high level of concem of architectural and urban design principals deemed important by the community. . Encourage community involvement and citizen participation in the adoption of policies, programs, and projects so as to ensure that the Redevelopment Plan is implemented in accordance with the objectives and goals of the General Plan. . Provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community. .:1 h - (3 ROSENOW SPEVACEK GROUP. INC. PAGE 6 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Original and Amended Southwest Constituent Areas . Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and piecemeal planning practices. . Encourage the establishment and maintenance of "balanced neighborhoods" and subareas, characterized by a planned diversity in building sites, density, housing and land use. . Provide adequate roadways to correct street alignment problems, to eliminate road hazards and to provide adequate access to freeways. . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with the Redevelopment Plan and future Annual Work Programs. . Promote planned light industrial development with the Main Street Corridor. . Encourage tourism, including the development of high-quality hotels, motels, restaurants, and meeting facilities. . Provide enhancement and renovation of businesses within the Project Area to promote their economic viability. . Encourage cooperation and participation of residents, 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 educational, cultural, residential and other community facilities to better serve the Project Area. . Promote public improvement facilities, which are sensitive to the unique environmental qualities of the Project Area. . Establish a program, which promotes the rehabilitation of the existing housing stock where appropriate. . Remove impediments to land assembly and development through acquisition and reparcelization of land into reasonably sized and shaped parcels served by an improved street system and improved public facilities. . Expand the resource of developable land by making underutilized land available for development. JIJ -I'/- ROSENOW SPEVACEK GROUP, INC. PAGE 7 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Alleviate œrtain environmental deficiencies including substandard vehicular and pedestrian circulation systems, insufficient off-street parking and other similar public improvements. . Provide improvements of local drainage conditions that constrain the development of various parcels in the Project Area, the cost of which cannot be home by private enterprise acting alone. . Achieve an environment reflecting a high level of concem for architectural, landscape, and urban design principles appropriate to the objectives of the Redevelopment Plan. . Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. . Develop safeguards against noise and pollution to enhance the industrial/commercial community. . To the extent possible, for all redevelopment projects undertaken under this Plan, preference in hiring for jobs created by these redevelopment actions should be given to Chula Vista residents. Oñginal and Amended Town Centre II Constituent Area . Eliminate blighting influences, including incompatible land uses, obsolete structures, inadequate parking facilities, unsightly or unattractive signage and graphics, and inadequate landscape and townscape planning. . Eliminate environmental. economic, social, platting, and physical deficiencies. . Strengthen the mercantile posture of Town Centre II. and the improvement of retail trade therein. . Renew Town Centre II'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 within the area. . Attract capital and new business enterprises to the project area. . Promote comprehensive beautification of the area, including its buildings, open space, streetscape, street furniture, graphics, and signage. . Protect peripheral residential enjoyment and land use integrity. J!J -IS ROSENOW SPEVACEK GROUP, INC. PAGE 8 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Accommodate 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 design standards to assure desirable site design and environmental quality. . Foster cooperation between the Town Centre II Constituent Areas and the Town Centre I Redevelopment Project Area and the protection of the goals, objectives, and economic resurgence of the latter. 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 accordance with applicable State Law. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property, 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 permitted by Section 503 of this Plan, after conducting appropriate public hearings and making appropriate findings. .,36 -If&, ROSENOW SPEVACEK GROUP. INC. PAGE g - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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 temporary and pemtanentjobs. 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. 13. Recommending standards to ensure that property will continue to be used in accordance with this Plan. 14. The closure or vacation of certain streets and the dedication of other areas for public purposes. 15. Providing replacement housing, as required. 16. Applying for, receiving and utilizing grants and loans from federal or state govemments or any other source. 17. Clearing or moving buildings, structures or other improvements from any real property acquired by the Agency. 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 pemtitted by the Redevelopment Law and any other State law. (502) Property Acquisition 1. (503) ACQuisition 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. Within the Oriainal and Amended Southwest Constituent Areas, no eminent domain acquisition shall be commenced after November 19, 2014, unless ...3-6 - I 1 ROSENOW SPEVACEK GROUP, INC. PAGE 10 '. AMENDED AND RESTATED REDEVElOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT extended by amendment of this Plan. Eminent domain shall not be used to acquire any property used for residential purposes located within areas zoned or otherwise designated for such residential purpose under adopted Specific and/or General Plans of the City, as they may hereafter be amended by the City. Notwithstanding the foregoing, eminent domain may not be commenced on any properties on Jacqua Street prior to the completion of the City's General Plan update initiated in 2002. b. Within the Otav Vallev Road Constituent Area, no eminent domain acquisition shall be commenced after - 2015, unless extended by amendment of this Plan. c. Within the Oriqinal and Amended Town Centre II and 2003 Amendment Constituent Areas, no eminent domain acquisition shall be commenced after - 2015, unless extended by amendment of this Plan. Eminent domain shall not be used to acquire any property used for residential purposes located within areas zoned or otherwise designated for such purpose under adopted Specific and/or General Plans of the City, as they may be hereafter amended by the City. 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 form and use without the consent of the owner, unless: (1) such building requires structural a~eration, improvement, modemization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions ofthe Redevelopment Law. 2. (504) ACQuisition of Personal Property. Any Other Interest in Real Property, or Any Improvements 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 Jb - ;~ ROSENOW SPEVACEK GROUP, INC. PAGE 11 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA 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 Partieipation 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. 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 its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be required, among other actions, to rehabilitate 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 rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate 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, rehabilitation, 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 zoning. building and safety laws and regulations; and ~6 - ('7 ROSENOW SPEVACEK GROUP, INC. PAGE 12 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT the redevelopment proposal for the development site approved by the Agency. c. The Agency retains ns authority to determine in its sole discretion whether the Participant's(s') proposed development conforms to and furthers the goals and objectives of the Plan and any specific redevelopment proposals on the basis of all the facts 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 determined necessary by the Agency for the proposed development. e. Consideration of the elimination and/or change of land uses, particularly nonconforming 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 indirect effects of such acts. g. Consideration of any reduction in the total number of individual parcels in the Project Area. h. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. 2. (507) Reentry Preferences for Persons Enaaaed in Business in the Project Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules goveming owner participation and re-entry. 3. (508) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. ..!1 h -ólO ROSENOW SPEVACEK GROUP, INC. PAGE 13 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Owner Participation Agreements shall include appropriate remedies such as the ability 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 accordance 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 accomplished 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 according to the rules adopted by the Agency prior to the approval of the Ordinance, which may be amended from time to time by the Agency. Such rules allow for Owner Participation Agreements with the Agency. (510) Cooperation with Public Bodies Certain public bodies are authorized by State Law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not be acquired without its consent in accordance with State Law. The Agency shall seek the cooperation of all public bodies. which own or intend to acquire property in the Project Area. The Agency 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 future development by public bodies will conform to the requirements of this Plan. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other ..Jl6 ROSENOW SPEVACEK GROUP. INC. ~I PAGE 14 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. (511) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (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. 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(b), and any other pertinent and applicable sections of the Redevelopment Law. All such amounts shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted from the total amount of tax increment funds received by the Agency in the applicable fiscal year. Such payments shall be reduced in accordance with the provisions of Section 33607.5 of the Redevelopment Law or any other applicable statute. Such payments shall be the exclusive payments that are required to be made by the Agency to affected taxing entities for the duration of this Plan. Such payments may be subordinated to loans, bonds, or other Agency indebtedness as provided by the Redevelopment Law. 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. (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Program In accordance with the provisions of the Califomia Relocation Assistance Law (Govemment Code Section 7260, m ~.) ("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 .J b -,,2.~ ROSENOW SPEVACEK GROUP. INC. PAGE 15 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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. 2. (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) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste 1. (517) Demolrtion and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement wrth 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 utilrties (wrthin or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, the Agency may pay for, install, or construct the buildings, facilities, 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 benefit of the Project Area, public improvements and public facilities, including, but not limited to: over or underpasses; bridges; streets; bikeways; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electJical distribution systems; natural gas distribution systems; wastewater treatment facilities; cable TV and fiber optic communication systems; water distribution systems; parks; windbreaks; trails; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic, cultural and recreational facilities; camping facilities; and. pedestrian improvements. The public facilities and infrastructure improvement projects that may be undertaken by the Agency pursuant to this Plan are identified in the General Plan, and capital improvement program, incorporated herein by reference. .3 b - .2.3 ROSENOW SPEVACEK GROUP, INC. PAGE 16 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of Buildina Sites Any real property owned or acquired by the Agency may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan. 4. (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 other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs 1. (522) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law. The .J ¡, -2. 4 ROSENOW SPEVACEK GROUP, INC. PAGE 17 - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA ViSTA REDEVELOPMENT PROJECT Agency is authorized to acquire. restore, rehabilitate, move and conserve buildings of historic or architectural significance. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: 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 rehabil~ation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance w~h this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (523) Clearina or Movina 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 Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. .36 -;¿~ ROSENOW SPEVACEK GROUP, INC. PAGE 18 - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 4. (525) Graffiti Removal Within 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 Propertv Disposition and Development a. (528) General For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 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 State 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, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other 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. ...1iJ-:¿" ROSENOW SPEVACEK GROUP, INC. PAGE 19 .. AMENDED AND REST A TED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without 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. b. (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 Disposition and Development Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of 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, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, cond~ions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate lessees and purchasers of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to Jb-:J..7 ROSENOW SPEVACEK GROUP. INC. PAGE 20 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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 Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, exchange, subdivide, 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) Redevelopment The redeveloper shall comply with all state and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race. color, creed, religion, sex, marital status, national origin or ancestry, in the sale, lease or occupancy of the property. Pursuant to the Redevelopment Law (Sections 33337 and 33435-33436), contracts entered into by the Agency relating to the sale, transfer or leasing of land, or any interest therein acquired by the Agency within any 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. b. (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. ..3 b - -'.r ROSENOW SPEVACEK GROUP. INC. PAGE 21 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon 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 status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased: In contracts, 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 itself ~b-2.'1 ROSENOW SPEVACEK GROUP, INC. PAGE 22 - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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 Moderat&Income Housing The Agency shall comply w~h 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 twenty percent of all tax increment funds allocated to the Agency shall be used for the purposes of increasing, improving, 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 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 shall within four years of such destruction or removal, rehabil~ate, 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 within the Project Area or within the jurisdiction of the Agency in accordance with Redevelopment Law." SECTION VI (600) USES PERMITTED IN THE PROJECT AREA (601 ) Maps and Uses Pennitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries. The land uses permitted by this Plan shall be those permitted by the General Plan and zoning ..3 h -.3.-0 ROSENOW SPEVACEK GROUP. INC. PAGE 23 - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. A diagram of current permitted uses is presented on Exhibit D. (602) Public Uses 1. (603) Public Street Lavout. Riqhts-of.Wav and Easements The public street system and street layout for the Project Area is illustrated on the Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the General Plan, and all other state and local codes, guidelines, or master or specific plans as they now exist or are hereafter amended. Certain streets and rights-of-way may be widened, altered, realigned. abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City 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. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (604) Other Public and Open Space 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) Nonconfonning 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 Jh - ß , ROSENOW SPEVACEK GROUP. INC. PAGE 24 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT compatible with existing and proposed developments and uses in the Project Area. The Agency may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. (606) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses. 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 now exist or are hereafter amended. (607) General Control and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be subdivided, developed, redeveloped. rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and the regulations and requirements of the General Plan 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 for the periods set forth in Section 1000 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the General Plan and applicable zoning ordinance, and all other state and local building codes, guidelines. or master or specific plans as they now exist 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 and in such a manner that it will meet the ..36-.B~ ROSENOW SPEVACEK GROUP. INC. PAGE 25 - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (610) Number of Dwellina Units The General Plan shall regulate the total number of dwelling units in the Project Area. As of the date of adoption of this Plan, there are approximately one thousand nine hundred (1,900) dwelling units in the Project Area. 4. (611) Open Space and Landscapina 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, guidelines, or specific plans as they now exist or are hereafter amended, and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (612) Limitations on Type. Size. Heiaht 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 now exist 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 utilities be placed underground whenever physically possible and economically feasible. 8. (615) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re-subdivided without the approval of the City. ..3b-33 ROSENOW SPEVACEK GROUP, INC. PAGE 26 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 9. (616) Variations The Agency is authorized to pemtit variations from the limits, restrictions and controls established by this Plan. In order to pemtit any such variation, the Agency must detemtine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. 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. pemtitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. pemtitting a variation 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 pemtitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, and welfare, and to assure compliance with the purposes of this Plan. (617) Design for Development One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 616 of this Plan. Within the limits, 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, altered, repaired. or rehabilitated except in accordance with this Plan and any such controls approved by the Agency. ..36 -.3..{. ROSENOW SPEVACEK GROUP, INC. PAGE 27 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 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 Pennits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or aReration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. SECTION VII (700) METHODS FOR FINANCING THE PROJECT (701 ) General Description of the PrvposecI Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal govemment, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in. kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City and/or other public agency providing such assistance. 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. ..3h -3~ ROSENOW SPEVACEK GROUP, INC. PAGE 28 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (702) Tax Increment Revenue For the purposes of the collection of property tax revenue pursuant to this Plan, the effective date of the ordinance shall mean and refer to: . Original Town Centre II Constituent Area established by Ordinance No. 1827: September 14,1978. . Otay Valley Constituent Area established by Ordinance No. 2059: January 28, 1984. . Amended Town Centre II Constituent Area established by Ordinance No. 2274: August 18, 1988. . Original Southwest Constituent Area established by Ordinance No. 2420: December 27, 1990. . Amended Southwest Constituent Area established by Ordinance No. 2467: August 8,1991. . 2003 Amendment Constituent Area established by Ordinance No. - All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City, district, or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date 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 date of the ordinance. shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, .36 -,3k ROSENOW SPEVACEK GROUP, INC. PAGE 29 - AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Agency is authorized to make pledges as to specific advances. loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether 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. ...3-- 6 - 3 ,. ROSENOW SPEVACEK GROUP, INC. PAGE 30 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (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 carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. (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 work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. 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 normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. ....! J -.B 'if ROSENOW SPEVACEK GROUP, INC. PAGE 31 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 4. Imposition, whenever necessary and applicable, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. SECTION IX (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed 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 performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions, which are expressly for the benefit of owners of property in the Project Area, may be enforced by such owners. SECTION 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: $b -3 'I ROSENOW SPEVACEK GROUP. INC. PAGE 32 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT MERGED REDEVELOPMENT PROJECT TABLE A REDEVELOPMENT PLAN LIMITS Cumulative Final Date of Termination Tax Increment Date to Plan Date Constituent Area Revenue Limit 2/ Incur Debt 3/ Termination of Revenue Otay Valley $115,000,000 No Limit 12/29/2024 12/29/2034 Southwest (Original) $150,000,0001/ No Limit 11/27/2031 11/27/2041 Southwest (Amended) included above No Limit 7/9/2032 7/9/2042 Town Centre II (Original) 100.000,000 No Limit 8/15/2019 8/15/2029 Town Centre II (Amended) included above No Limit 7/19/2029 7/19/2039 2003 Amendment Area No Limrt May 2024 May 2034 May 2049 1/ Adjusted annually by consumers price index. 2/ No tax increment revenue limit required for amendments to project areas after 1/1/94. 3/ The deadline to incur debt with respect to the Otay Valley, Original Southwest, Amended Southwest, Original Town Centre II. and Amended Town Centre II Constituent Areas was eliminated by adoption of the "S8 211 Ordinance" pursuant to Section 33333.6(e)(2) in January 2004. (1002) Amount of BondecIlndebtedness 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 $175 million. (1003) Time Frame to Incur Indebtedness The time limit 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 fulfill the Agency's housing obligations under Section 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 restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is .31, -40 ROSENOW SPEVACEK GROUP, INC. PAGE 33 .. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT not extended beyond the time limit to repay indebtedness required by this section. Provided, however, that the time limits established in this Section 1003 may be extended in the manner provided by applicable law. (1004) Duration ofTbis 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 shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective until the termination date as shown on Table A. After the expiration of the effective term of the Plan, the Agency shall have no authority to act pursuant to the 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 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) Tune Frame to Collect Tax Increment Revenue Except as otherwise provided herein or by Redevelopment Law, the time limitation for the receipt of tax increment and the payment of indebtedness with the tax increment pursuant to Section 33670 of the Redevelopment Law the termination date of revenue, as represented on Table A. SECTION XI (1100) PROCEDURE OF AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. ..36 -" ( ROSENOW SPEVACEK GROUP, INC. PAGE 34 .. Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit A - Project Area Map ..3-6 - t.(. L ROSENOW SPEVACEK GROUP, INC. PAGE 35 - ;¡¡ @ , m z ~ UJ ~ m ^ G) e¡ c :'0 z Ç'> ., @ ,9!\' 00>'"(\'" no ,-"'" " ' . I » " ) I ,. : ""'" \. .: . ' ' , ' , ' , \ ' , ", I .." '.. I " , . /~ ~ . m 1$ .3H - 43 -~ I Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit B - Legal Description ..36 -I./'f ROSENOW SPEVACEK GROUP. INC. PAGE 37 - Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects Public Infrastructure 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 utility 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) Street/Entrvwav Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54. 2) Main Street Improvements. Construct street improvements along Main Street to improve traffic flows and upgrade character of right-of-way. 3) Broadwav Revitalization. Implement a variety of street and other applicable improvements along Broadway, from H Street to L 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. ...3 b -..¡ ç- ROSENOW SPEVACEK GROUP, INC. PAGE 38 - Amended and Restated Redevelopment Plan Merged Chula Vista 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. .3- " - c./ f.ø ROSENOW SPEVACEKGROUP, INC. PAGE 39 - ",.,# b ~ '" '" ~.,: .soJ'> "1- \ ~ ~ \' IíÞ Ii ~" ðoJ-""" -ß~'1J1' .1 ¡: m ;U G> m G> C CD 0 " :x: ~ c: !!!. > :!! $ ~ r()r- ~ ~ ~ ~;Uø. 0 ¡g ~ !1! c ¡!! ~. !6'g .ClOD ~ [ H~i~ ~ if =ii'~. -0" .go ¡¡ i ~ ¡g H~!: ffi ~! ~ ~.. ~ -. -..Jb- 7 ." RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO COMPLY WITH ALL LEGAL NOTIFICATION REQUIREMENTS WHEREAS, on August 15, 1978 the City Council of the City of Chula Vista ("City Council') adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19,1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983 the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("OtayValley Plan"); and WHEREAS, on November 27, 1990 the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the Califomia Community Redevelopment Law, Health and Safety Code Section 33000 m~. ("Law"); and WHEREAS, by Ordinance No. 2947, the Merged Chula Vista Redevelopment Plan was amended to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)B); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas ("2004 Amendment"); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 m ~ ("Law"), a joint public hearing on the 2004 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 consents to holding a joint public hearing with the City Council of the City of Chula Vista for the purpose of considering the proposed 2004 Amendment (in the form of an amended and restated redevelopment plan) to the Merged Chula Vista Redevelopment Plan, 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 ~~ Laurie M. Madigan Community Development Director C ty Alto ey ...E~- ' .. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN AND DIRECTING STAFF TO COMPLY WITH ALL LEGAL NOTIFICATION REQUIREMENTS WHEREAS, on August 15, 1978 the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19,1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983 the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990 the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 ~~. ("Law"); and WHEREAS, by Ordinance No. 2947, the Merged Chula Vista Redevelopment Plan was amended to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)B); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas ("2004 Amendment"); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 ~ ~ ("Law"), a joint public hearing on the 2004 Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby consents to holding a joint public hearing with the Redevelopment Agency of the City of Chula Vista for the purpose of considering the proposed 2004 Amendment (in the form of an amended and restated redevelopment plan) to the Merged Chula Vista Redevelopment Plan, 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 - Laurie M. Madigan Community Development Director ..3tJl -, ..