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HomeMy WebLinkAboutOrd 2007-3071 ORDINANCE NO. 3071 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted the original Town Centre I Redevelopment Plan ("Redevelopment Plan") on July 6, 1976, by Ordinance No. 1691 and has subsequently amended the Redevelopment Plan on five separate occasions, on July 17, 1979, by Ordinance No. 1872, April 22, 1986, by Ordinance No. 2146, January 4, 1994, by Ordinance No. 2585, November 8, 1994, by Ordinance No. 2609, and on June 23, 1998, by Ordinance No. 2735, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the Town Centre I Project; and WHEREAS, the City's Urban Core Specific Plan ("Specific Plan") will refine and implement a vision for downtown Chula Vista as expressed in the City's General Plan; and WHEREAS, pursuant to the California Redevelopment Law ("Law") (Health and Safety Code 33000, et seq.) Section 33331, a redevelopment plan must conform to the general plan; and WHEREAS, the Planning Commission of the City of Chula Vista ("Planning Commission") has reviewed the Specific Plan and has determined that it is consistent with the General Plan of the City of Chula Vista; and WHEREAS, the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") will bring the land use provisions of the Redevelopment Plan for the Town Centre I Project Area ("Project Area") into conformance with the Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted by the Agency pursuant thereto, the City has prepared and completed a proposed Environmenta1lmpact Report for the Specific Plan; and WHEREAS, the Agency has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given, and a full and fair public hearing has been held on the proposed 2007 Amendment. The City Council of the City ofChula Vista does ordain as follows: Ordinance No. 3071 Page 2 Section 1. The 2007 Amendment to the Town Centre I Redevelopment Plan, a copy of which is attached hereto as Attachment No. I and incorporated herein by this reference, is hereby adopted and approved. Section 2. Based upon the evidence contained in the Report to the City Council for the 2007 Amendment to the Town Centre I Redevelopment Plan, incorporated herein by reference, the City Council does hereby find, determine, and declare as follows: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes as set forth in the Law; and (b) The Redevelopment Plan would redevelop the Project Area in conformity with the Law and in the interests of the public peace, health, safety, and welfare; and (c) The Planning Commission and the City Council have determined that the 2007 Amendment is consistent with the City of Chula Vista's General Plan, including, but not limited to, the Housing Element of the General Plan and the Urban Core Specific Plan; and (d) The carrying out of the Redevelopment Plan would promote the public peace, health, safety, and welfare of the community and would effectuate the purposes and policy of the Law; and (e) The Agency has a feasible method for the relocation of families and persons displaced from the Project Area, to the extent that implementation of the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of Project Area housing facilities; and (f) There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment; and (g) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 ofthe Law; and (h) The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Ordinance No. 3071 Page 3 Section 3. Though the 2007 Amendment does not propose displacement of permanent housing facilities, the City Council is satisfied that permanent housing facilities would be available within three years from the time occupants of the Project Area are displaced and that, pending the development of the facilities, there will be adequate temporary housing facilities available to the displaced occupants at rents comparable to those in the City of Chula Vista at the time of their displacement. Section 4. A full and fair public hearing having been held on the 2007 Amendment, and the City Council having considered all evidence and testimony for and against the adoption of the 2007 Amendment and all written and oral objections thereto, and this City Council being fully advised in the premises, all written and oral objections to the 2007 Amendment to the extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are hereby overruled. Section 5. The City Clerk shall publish a copy of this Ordinance as required by Law. p~~",,, by /' .~ Appw"" '" w form by U&u ~ ~\<\i~~ Ann Hix Ann Moore Acting Community Development Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of May 2007, by the following vote: AYES: Councilmembers: McCann, Rindone, and Cox NAYS: Councilmembers: Ramirex ABSENT: Councilmembers: Castaneda Cheryl co~ht4- ATTEST: ~,U 1'-'1 ~~~ Susan Bigelow, MMC, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3071 had its first reading at an adjourned regular meeting held on the 26th day of April, 2007 and its second reading and adoption at a regular meeting of said City Council held on the 15th day of May 2007. Executed this 15th day of May 2007. -~ ~& l.~ tl~ Susan Bigelow, MMC, City CI k Ordinance No. 3071 . Page 4 ATTACHMENT NO 1 2007 AMENDMENT TO THE TOWN CENTRE I REDEVELOPMENT PLAN eHUlAV,ISl A TOWN CENTRE REDEVELOPMENT PLAN - (&~ Ordinance No. 3071 Page 5 IAB1~ OE CONIENIS Article Paoe INTRODUCTION 1 II GENERAL DEFINITIONS 2 III PROJECT AREA BOUNDARIES 4 IV PROPOSED REDEVELOPMENT ACTIONS (AGENCY) 7 V CONFORMITY WITH GENERAL PLAN/PRELIMINARY PLAN 11 VI PERMITTED USES AND CONTROLS 12 VII METHODS FOR FINANCING THE PROJECT 15 VIII ACTIONS BY THE CITY 17 IX ENFORCEMENT OF THE PLAN 18 X DURATION OF THE PLAN 18 XI AMENDMENT 19 XII NEIGHBORHOOD IMPACT ELEMENT 19 APPENDIX Exhibit A BOUNDARY MAP B PL'\N DIAGP,^M Ordinance No. 3071 Page 6 ARTICLE I - INTRODUCTION Section 1 00 Format and Preparation 100.1 The Redevelopment Plan for the Central Business District of the City of Chula Vista consists of Part I: Plan Text, and Part II: Appendices. The Redevelopment Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California, pursuant to the Community Redevelopment Law of the State of California; the Charter of the City of Chula Vista; the By-Laws of the Redevelopment Agency of the City of Chula Vista; and all applicable local ordinances and State statutes. Section 11 0 Project Goal The goal of this redevelopment project is to revitalize the Town Centre area as the commercial-civic focus of the City. Section 120 The objectives of the Plan are: A. Eliminate blighting influences, including incompatible and noxious land uses, obsolete structures and inadequate parking facilities. B. Eliminate environmental deficiencies including, among others, small and irregular lot and block subdivisions, several poorly planned streets, and economic and social deficiencies. C. The strengthening of the mercantile posture of Town Centre and the improvement of retail trade therein. D. The renewal of Town Centre's physical plant and the improvement of its land use patterns and spatial relationships. E. The retention and expansion of viable land uses, commercial enterprises, and public facilities within the area. F. The attraction of capital and new business enterprises to the core area. G. The comprehensive beautification of the area, including its buildings, open space, streetscape, and street furniture. Ordinance No. 3071 Page 7 H. The encouragement of multi-family, middle-income residential units in and near the core area. I. The possible accommodation of future local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra-project system. J. The establishment of Town Centre as the South Bay's principal center for specialty goods and services. K. The ectablishment of design st::md:lrdc to 3ccuro dosimblo cite desi!3n and onvironment::!1 quality. bK The reorientation of the people of Chula Vista to their core area, and the resultant promotion of a sense of "towness" (towness is a unique feeling spawned by an emotional relationship between people and their city. This feeling is founded upon a sense of belonging. When the people feel that they belong to their city and that their city belongs to them, a state of towness exists). ARTICLE 11- GENERAL DEFINITIONS Section 200 200.1 200.2 200.3 200.1 200.4 200.5 200.6 As used in this Plan, the following words shall mean: "Aqencv" - The Redevelopment Agency of the City of Chula Vista, California "~" - The City of Chula Vista, California "City Council" - The City Council of the City of Chula Vista "Committee" Chllla Vista Town Centro Committee, mand:lted by the Redevelepment L::!w to advise tho Agency prior to plan adoption and during the iml3lernonbtion stago of the projeot "Planninq Commission" - The City of Chula Vista Planning Commission "Plan" - The Town Centre Redevelopment Project Plan "Proiect Area" - The redevelopment project was previously known as the "Third Avenue Redevelopment Project." Whenever and wherever this name appears, it shall mean the same as the "Chula Ordinance No. 3071 Page 8 200.7 200.8 200.9 200.10 200.12 200.13 200. 1 4 200.15 Vista Town Centre Redevelopment Project". The legal description of this area is contained in Section 300 of this document. "Redevelooment Law" - The Community Redevelopment Law of the State of California (California State Health and Safety Code, Section 33000 et. seq.) "Soecific f:lan" - A orecise olan orimarilv desianated to imolement the Redevelooment Plan for the Town Centre area "State" - The State of California "Urban Core" - The heart of the City of Chula Vista. The urban core includes the Central Business District and the Civic Center, and lands immediately peripheral thereto. The Town Centre Project Area is part of this core "Zonina Plan" t, spocific plan under '",hich building heightG, building bulk, aneland UE:e are rogulatod, and undor which torritorj IE: partitionoe into rogulatorj eistrictE: or zonoo. Unless otherwiE:o I9rovided, the zoning plan shall mean the zoning mal9s and rogulations of the City of Chula ViE:ta "Desiqn Review (Committoe) Board" t, Design Roview Board consisting of highly qualifieelgersons with an interect in the tieles of urban eesign ana rel9rosentativoE: from City ctaff is I9rel9oE:ed to be created to :ldviso the aCE:ociatod committeeE: and .^,goncy. Tho Board will evaluate dovolopment I9roposals aE: thoy relate to the Dosign Manual :md tho intent of this plan "DesiEln Manual" The Agency's official stateFl10nt of deE:ign policy for the , and ombodioe devolel9ffienta! critoria and guidolinos thoreroro. It is the's townsGape plan, and addresses SliGh mattors as toxture, epatial rclatiom:hips, amenity, aesthotiG quality, landscaping, courtyardc, plazas, 19arking design, otc. "ProCOdUFOS Manual" /\ preoeeuree manual E:hall be ostablishod for the use and guidance of tho City/,^.gency staff, tho Agency and devolopors!participants for tho purpose of establishing and maintaining development propo,,);]1 ocheduleE:, proceesing and roviov.' Ordinance No. 3071 Page 9 ARTICLE III - PROJECT AREA BOUNDARIES Section 300 300.1 Boundarv Description The boundaries of the Project Area are shown on the boundary map attached hereto as Exhibit A in the Appendix of this plan. A legal description of the boundaries of this project follows: All those portions of Quarter Sections 137 and 138 of Rancho de la Nacion according to Map thereof No. 505, filed in the office of the County Recorder County of San Diego, State of California on March 13, 1888, described as follows: Beginning at the intersection of the centerlines of "E" Street and Garrett Avenue per Record of Survey 1097 filed in the office of the County Recorder, San Diego County, State of California on April 6, 1944; thence northwesterly 49.91 feet :t to the intersection of the northerly right of way of said "E" Street and the westerly right of way of said Garrett Avenue, said intersection being the TRUE POINT OF BEGINNING; thence northeasterly along said northerly right of way of "E" Street, 1196.07 feet :t to a point on the extension of the easterly right of way of the alley between Church Avenue and Del Mar Avenue; thence southeasterly along said easterly right of way and its extension, 700.85 feet:t to a point on the northerly right of way of Davidson Street; thence southwesterly along said northerly right of way 10.00 feet; thence leaving said northerly right of way southeasterly along the line midway and between Church Avenue and Del Mar Avenue, 520.00 feet :t to the corner common to Lot 40 and Lot 41 of Map #1871 filed in the office of the County Recorder, San Diego County, State of California, on December 23, 1925; thence northeasterly along the northerly line of said Lot 41, 25.00 feet :t to the northeasterly corner of said Lot 41; thence southeasterly along easterly line of said Lot 41, 100.90 feet :t to a point on the northerly right of way of "F" Street; thence northeasterly along said northerly right of way 170.52 feet:t to a point on the easterly right of way of Del Mar Avenue; thence southeasterly along said easterly right of way 1400.84 feet :t to a point on the southerly right of way of "8" Street; thence southwesterly along said southerly right of way 335.00 feet :t to a point on the easterly right of way of Church Avenue; thence southeasterly along said easterly right of way, 761.15 feet :t to a point on the northerly right of way of Alvarado Street; thence southwesterly along said northerly right of way 315.00 feet :t to a point on the easterly right of way of Third Avenue; thence southeasterly along said easterly right of way, Ordinance No. 307] Page 10 481.27 feet .:!: to a point on the northerly right of way of "H" Street; thence northeasterly along said northerly right of way 200.00 feet; thence leaving said northerly right of way southeasterly, parallel to and 240 feet easterly of the centerline of Third Avenue 370.00 feet .:!: to a point on the northerly boundary of Map No. 2277, filed in the office of the County Recorder, San Diego County, State of California, on September 15, 1942; thence southwesterly along said northerly boundary 82.76 feet.:!: to the northeasterly corner of Lot 2 of said Map No. 2277; thence southeasterly along the easterly line of said Lot 2, 160.79 feet.:!: to a point on the southerly right of way of Shasta Street; thence southwesterly along said southerly right of way 4.16 feet.:!: to the northeasterly corner of Lot 91 of said Map No. 2277; thence leaving said southerly right of way and southeasterly along the easterly line of said Lot 91, 105.00 feet .:!: to a point on the northerly line of Lot 88 of said Map No. 2277; thence northeasterly along said northerly line 7.00 feet.:!: to the northeast corner of said Lot 88; thence southeasterly along easterly line of said Lot 88, 159.74 feet.:!: radially to a point on the 200 foot radius curve concave southwesterly, said curve being also the southerly right of way of Whitney Street; thence southeasterly along the arc of said curve a distance of 17.73 feet.:!: to the northeast corner of Lot 98 of said Map No. 2277;- thence leaving said curve radially inward and along the easterly line of said Lot 98, 122.84 feet.:!: to the northerly most corner of the Park in said Map No. 2277; thence southeasterly along the northeasterly line of said Park 68.19 feet.:!: to the southerly most corner of Lot 101 of said Map No. 2277, said corner being a common corner with the said Park; thence southeasterly along the easterly line of said Park, 68.05 feet.:!: to a point on the southerly boundary of said Map No. 2277; thence southwesterly along said southerly boundary 10.00 feet; thence southeasterly, parallel to and 165 feet easterly of the centerline of Third Avenue 291.03 feet.:!: to a point on the northerly right of way of "I" Street; thence southwesterly along said northerly right of way, 595.00 feet; thence northwesterly leaving said northerly right of way, parallel to and 430 feet westerly of the centerline of Third Avenue, 290.00 feet; thence southwesterly 260 feet.:!: to the southeast corner of Lot 19, Map No. 1799 filed in the office of the County Recorder, San Diego County, State of California on July 10, 1924, said southeast corner being a common corner with the right of way of Garrett Avenue; thence northwesterly along westerly right of way of said Garrett Avenue 301.02 feet .:!: to a point on the southerly right of way of Mankato Street, said point being also the northeast corner of Lot 24 of said Map No. 1799; thence southwesterly along said southerly right of way, Ordinance No. 3071 Page 11 230.38 feet:!:. to a point on the northerly line of Lot 13, of said Map No. 1799, said point being the intersection of said southerly right of way with the extension of the westerly right of way of Glover Avenue; thence northwesterly along said westerly right of way 732.24 feet:!:. to a point on the northerly right of way of "H" Street; thence northeasterly along said northerly right of way 355.92 feet:!:. to the southeast corner of Lot 11, Map No. 1718 filed in the office of the County Recorder, County of San Diego, State of California on April 22, 1921; thence northwesterly leaving said northerly right of way along the easterly line of said Lot 11, 200.00 feet; thence northeasterly parallel to and 240 feet northerly of the centerline of "H" Street 94.00 feet; thence northwesterly parallel to and 472 feet westerly of the centerline of Third Avenue, 87.40 feet:!:. to a point on the northerly boundary of said Map No. 1718; thence northeasterly along said boundary 122.00 feet:!:. to the southwest corner of the East Half of Lot 10 per Record of Survey 3269 filed in the office of the County Recorder, County of San Diego, State of California on December 30, 1953; thence northwesterly along the westerly line of said East Half of Lot 10, 165.40 feet:!:. to the center of said Lot 10; thence northeasterly along the northerly line of the South Half of Lot 10, 170.00 feet; thence northwesterly parallel to and 180.54 feet westerly of the centerline of Third Avenue, 135.54 feet:!:. to the southerly right of way of Roosevelt Street; thence southwesterly along said southerly right of way 9.46 feet; thence northwesterly leaving said southerly right of way parallel to and 190 feet westerly of the centerline of Third Avenue 210.00 feet thence southwesterly parallel to and 180 feet northerly of the centerline of said Roosevelt Street; 140.00 feet; thence northwesterly parallel to and 330 feet westerly of said centerline of Third Avenue 150.00 feet; thence northeasterly parallel to and 330 feet northerly of the centerline of said Roosevelt Street, 191.00 feet; thence northwesterly parallel to and 139 feet westerly of the centerline of said Third Avenue 290.00 feet:!:. to a point on the southerly right of way of "G" Street; thence southwesterly along said southerly right of way 34.31 feet:!:. to a point on the extension of the centerline of the alley between Garrett Avenue and Third Avenue; thence northwesterly along said centerline and its extension, 210.00 feet; thence southwesterly leaving said centerline parallel to and 120.43 feet southerly of the southerly right of way of Park Way 107.50 feet; thence northwesterly parallel to and 107.50 feet westerly of the centerline of said alley, 120.43 feet:!:. to a point on the southerly right of way of said Park Way; thence southwesterly along said southerly right of way 1080.00 feet:!:. to a point on the westerly right of way of Fourth Avenue; thence Ordinance No. 3071 Page 12 northwesterly along said westerly right of way 1069.00 feet :t to a point on the northerly right of way of "F" Street; thence northeasterly along said northerly right of way 670.00 feet:t to a point on the westerly right of way of Garrett Avenue; thence northwesterly along said westerly right of way, 1320.00 feet :t to the TRUE POINT OF BEGINNING. ARTICLE IV - PROPOSED REDEVELOPMENT ACTIONS (AGENCY) Section 400 400.1 Section 410 410.1 410.2 General Summary In order to achieve the objectives of the Redevelopment Plan, the Agency proposes to undertake and implement the following actions: A. Owner and Tenant Participation (Section 410) B. Cooperation with Public Entities (Section 420) C. Property Management (Section 430) D. Relocation of Residents and Businesses (Section 440) E. Demolition, Clearance, Public Improvements and Site Preparation (Section 450) F. Acquisition of Property (Section 460) G. Property Disposition (Section 470) Owner and Tenant Participation Whenever possible, persons who are owners of real property in the Project Area shall be given the opportunity, pursuant to the rules promulgated by the Agency, to participate in redevelopment by the retention of all or a portion of their property, or by the acquisition of adjacent or other property from the Agency by purchase or exchange. Such participation in each case is contingent upon the execution by the owner of a binding agreement by which the property retained or acquired will be developed in conformity with the Plan and subject to the provisions thereof. Owner participation will be subject to such factors as, but not limited to, the condition of the improvements, the reduction in the total number of parking spaces within the Project Area, the elimination of certain land uses, the vacation of streets, the Ordinance No. 3071 Page 13 410.3 Section 420 420.1 420.2 Section 430 430.1 Section 440 440.1 440.2 construction of new public improvements, and the ability of owners to finance acquisition and development in accordance with the plan. The Agency shall also extend reasonable preference to persons who are engaged in business in the Project Area to re-enter into business within the Project Area if they otherwise meet the requirements prescribed by the Plan. Cooperation with Public Entities Certain public entities are authorized by State law to cooperate with or without consideration in the planning and undertaking of the construction or operation of this project. The Agency shall seek the aid and cooperation of public bodies such as the Downtown Parking District and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment in the highest public good. The Agency is authorized but not required to make payments in lieu of property taxes to one or more taxing agencies. The Agency recognizes that the power contained in Section 33670 of the Redevelopment Law can affect the capacity of taxing agencies to provide public services. Accordingly, the Agency will conduct studies to determine possible means to minimize such impact upon taxing agencies. Property Manaqement During such time as property in the Project Area is owned by the Agency, said property shall be under the management and control of the Agency. Subject property may be rented or leased by the Agency pending its disposition for redevelopment. Relocation of Residents and Businesses Displaced residents shall be relocated by the Agency pursuant to the relocation plan approved by the Agency. The relocation plan may be amended by the Agency as necessary to accomplish the purposes set forth in this Plan. The Agency or its designated agent shall assist all who may be displaced by project activities in finding other dwellings or business locations. In order to carry out the project with a minimum of hardship to persons displaced from their homes, individuals and families shall be assisted in finding housing that is decent, safe, Ordinance No. 3071 Page 14 440.3 Section 450 450.1 450.2 450.3 450.4 450.5 450.6 Section 460 460.1 and sanitary, within their financial means, reasonably convenient in location and otherwise suitable to their needs. The Agency shall make relocation payments to displaced persons including families, business concerns and others for moving expenses and other direct losses of personal property or any other benefits as required by the California Uniform Relocation Law. Demolition. Clearance. Public Improvements and Site Preparation The Agency is authorized to clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of the Plan. The Agency is authorized to cause, provide, undertake or to make provisions with any person or public entity for the installation or construction of such public improvements or public utilities, either within or outside of the Project Area as are necessary to carry out the Plan. Such public improvements include, but are not limited to, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, street trees, electrical distribution systems, natural gas distribution systems, water distribution systems, fire hydrants, parks, plazas, motor vehicle parking facilities, landscaping and pedestrian malls. The Agency is authorized to prepare or cause to be prepared as a building site any real property owned by the Agency within the limits of applicable law. The Agency is authorized to rehabilitate any building or structure owned by the Agency within the limits of applicable law. The Agency is authorized to assist, through advice and encouragement, the owners of real property within the Project Area to conserve or rehabilitate their premises. In accordance with City regulations, and as necessary in carrying out the Plan, the Agency is authorized to move or cause to be moved any structure or building to a location within or outside of the Project Area. Acquisition of Property The Agency may acquire, but is not compelled to acquire, all real property located within the Project Area. The Agency may acquire Ordinance No. 3071 Page 15 460.2 460.3 460.4 460.5 460.6 460.7 Section 470 470.1 real property by gift, device, exchange, purchase, eminent domain, or any other lawful means. In order to eliminate the conditions within the Project Area which make redevelopment necessary, and in order to implement the Redevelopment Plan, it is necessary, and in the public interest, for the Agency to use its power of eminent domain to acquire real property in the Project Area. The Agency shall not acquire interest in oil, gas, or other mineral substances within the Project Area except where necessary to preclude drilling or excavation within the Project Area. The Agency is not authorized to acquire publicly owned land in the Project Area in the absence of the involved public agency's consent. However, the Agency is authorized to acquire public property if it becomes private property by deed, lease, or otherwise, before the Agency completes land acquisition within the entire Project Area. The Agency is authorized to acquire any or all interests in real property or structures, including but not limited to, fee titles, deeds and easements. The Agency may not acquire real property upon which an existing building is located unless the Agency proposes to rehabilitate, redevelop, or reorganize the real property in question, and the property owner has not agreed to the execution of an official owner participation agreement. The Agency shall generally not acquire personal property. However, where necessary in the implementation of the Plan, the Agency is authorized to acquire personal property in the project by any lawful means except eminent domain. Property Disposition In order to provide adequate safeguards that the process of redevelopment will be carried out pursuant to the Plan, agreements for the disposition of land by the Agency, including owner participation agreements, shall include provisions recognizing and requiring that: A. The purchase of leasing of land is for redevelopment and not for speculation and reserving to the Agency such powers Ordinance No. 3071 Page 16 and controls as may be necessary to prevent transfer, retention or use of the property for speculation purposes. B. The land shall be built upon and/or improved in conformity with development standards of the Plan and any' declaration of restrictions. C. In order to insure that development and construction will be carried out in a manner which will effectuate the purposes of the Plan, all developers and owner participants shall submit preliminary architectural plans, site and landscape plans, and final plans including landscaping and sign plans and specifications of the improvements proposed to be constructed on the land for architectural approval by the Agency. As a part of such plans and specifications, developers, and if required by the Agency, owner participants, shall submit time schedules for the commencement and completion of such improvements. All such plans and schedules shall be submitted within the time specified in the respective agreements with such developers and owner participants. D. By and for the contracting parties, their heirs, executors, administrators and assigns, there shall be no discrimination against, or segregation of, any person or group of persons on account of race, creed, color, national origin, or ancestry, in the sale, lease, sub-lease, transfer, use, occupancy, or enjoyment of the premises therein described, nor shall the contracting parties. or any persons claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub- lessees, or vendees, on the premises described. ARTICLE V - CONFORMITY WITH GENERAL PLANtPRELlMINARY PLAN Section 500 500.1 500.2 General Statement of Conformitv This Plan shall conform to, and ie a more getailod refinoment of, a ~ortion of the General Plan of the City of Chula Vista, adopted by the City Council on December 15, 1970, and comprehensively updated on December 13, 2005, and any amendments or revisions thereto. This Plan is based upon, and carries out the Preliminary Plan, heretofore adopted by the Planning Commission. Ordinance No. 3071 Page 17 ARTICLE VI - PERMITTED USES AND CONTROLS Seotion 600 600.1 600.2 600.3 600.1 600.5 600.6 600.7 Planninq ane L::me Uso Consieerations The Plun Diagram, I<:xhibit "B", graphioully dopicts the projeotod patterns of land wso und circulation 'Nithin the. .'\11 of the areas eesignutod "oontral commeroiul" on the plun FRay be wsod uG a mixturo of oommorciul wsos, including bwt not limited to retail, offioo, hotel, sorvioo, ontertainmont, oEJuoational, and auxiliary USCG. The .^,gency, upon special request, may allow resiEJontial sevelopment in the "oentml commercial" area, provided thut the proposed residontial devolopment is oempatible with surrownding areas, ane manifests udeEluate internal residentbl order and amenity. .'\11 of the areas dosignated "residential" on Exhibit "8" may include residential land uses and profeesional une administrative offises. The I,genoy shall encQurago the developmont of a wide r::mge ef housing types in the residential areas of the, and shall endeavor to uohieve a mixture of housing fer all eGonomio Gegments of the City of Chub Vista therein. The shall be regarded as the prinoipal speoifio plan of the and shall take preoedence where it is in oonfliot with other speoifio plans, regulations and standards. Streets, alloys, und other publio rights of VluY muY be ultored, vaoates, narroweEl, deGked over, extended, er oloseEl where such action is essential to the oreerly implementation and exeGutien of the plan. If the implementation of the plun requires additionul streets, easements, or other rights of wuy, they muY bo aoquirod by the I,genoy or tho City. The I.gono,! FRay al;therize the privute uce of air rights ever public rights of way. This uso may take the form of buildings, plutforms, deol"s, or other struotwres. Suoh air rights may ulso be wsed for vehieubr anEllor pedestrian eirculatien, transit, public anEl private utilities, or other pl;blic impro'leFRents. The Agoncy is authorizod to permit tho establishment and expansion of Fiublio or Elwasi Fiublic uses and faG/litios, suoh as but riot limitoEl to Fiarks, reoreational faoilities, libraries, sohools, and charitable im:titutions, within the. Ordinance No. 3071 Page 18 Section @4.Q 600 General Controls and Limitations 600.1 This Plan shall conform to all other zonina and land use reaulations as adooted bv the City Council. 600.2 All real orooertv within the Proiect Area is sUbiect, to the Drovisions. controls. and reauirements of the Plan. No real oroDertv shall be develoDed. redeveloDed. rehabilitated. or otherwise chanaed after the date of adootion of the Plan. exceDt where such develooment. redeveloDment. rehabilitation. or other substantial chanae conforms '1!lt.h the Drovisions of the Plan" ::md the gllieelines emboeioe in the Design Manual. 600.3 All new construction shall cemDlv with all aDDlicable State statutes and locallv adoDted Buildina. Electrical. Heatina and Ventilation. Housina and Public Codes. 600.4 The Aaencv shall endeavor to substantiallv increase the area of Dublic and Drivate ooen SDace within the Proiect Area. aDen sDace may take the form of Darks. vest-Docket Darks. olav areas. olazas. fountains. enclosures. Datios. and similar landscaDed enclaves. 600:5 In areas where aDDroDriate. sufficient ODen soace between buildinas and clusters of buildinas shall be maintained to Drovide adeauate sunliaht ventilation. Drivacv. fire safety. and aeneral livabilitv. 600.6 600.7 600.8 600.9 600.10 All sians shall conform to the standards of the City's sian ordinance., and the guidelines of the Design Manllal. The Aaencv shall assure adeauate off-street Darkina. The Aaencv shall reauire all utilitv lines and structures to be Dlaced underaround. unless it determines that underaroundina with reSDect to certain lines would not be economicallv or Dhvsically feasible. No land use or structure which, bv reason of aODearance. traffic, smoke alare, noise, odor or similar factors, would be incomoatible with the surroundina areas shall be Dermitted within the Proiect Area, Subseauent to redeveloDment. rehabilitation, or deyeloDment Dursuant to the Plan, no Darcel in the Proiect Area includina any Darcel retained bv a conformina owner or DarticiDant shall be resubdiyided without the Drior aDoroyal of the Aaency. Ordinance No. 3071 Page 19 610.10 The ,^.gency ie: authorized to grant a variation from tho limite, roetrictions, and centrols ostablished by the PiGn. The I\gency must make the following findings in each anel evory c3eo, as a prorcEjuie:ito te its !jranting of a l30rmit f-or a variatien. /'.. Tho application ef cortain provisions of tho plan would result in l3r-actical difficulties or unneeessarj h3rdehips which would make s9volo13Fnent inconsie:tont with tho genoral purposo and intont of the plan; er, B. There arc excol3tional circumstancos or conelitions applicable to tho I3roporty or tho propoe:od devolopmont which do not apl3ly genorally to othor propertios or de'/elopmonts which h3vo tho samo standards, rostrictions ::md controls; and, C. The 130rmitting of a variation will not bo materi3l1y detrimontal to the public wolfare or injurioue: to proporty or improvemonts in tho; and, D. Tho permitting of a variatien will not centravone tho criteria ostablishoD in the Design Manual. In pormitting a variation, the ,A,gency shall iml3eso e:uch cenditions as aro nocossary. Section e.+-t 610 Environmental Review 610.1 Prior to the Agency's official consideration of a development proposal, the application and all accompanying documents shall be submitted for the applicable review in accordance with the California Environmental Quality Act of 1970, as amended. Soction 620 Dosiqn Manual 620.1 Tho /',gency, in cooporation 'Nith tho Planning Commission, shall formulato, adopt, and make generally availablo a Design Manual for tho Town Centre Reelovolepmont Projeet. Tho Design Manual shall be tho /"gency's official statomont of its design guidolinos for tho redovelopmont, rohabilitation, conservation, and gonoral dovelopment of tho Project Noa. 620.2 Tho Dosign Manual shall inclueo dovolopmontal objoctivos and design eritoria, anel shall aeeross the f-ollo'Ning: Ordinance No. 3071 Page 20 620.3 Section 620 620.1 Section 610 61Q.1 /\. Three dimensional spatial rol:3tionships, and the orderly arrangement of space and land use in the. I B. Building ooverages; buildin€j setbacks, buildin€j bulk and hei€jht; b~i1Eling intensity; and the siting of str~otures and ol3en spaoe. C. The I3reselvation and promotion of the environmental Elualit'l of the and the urban oore. D. The development ef a oiroulation syetem whioh promotes effeotive cOR'lmunioation and transportation thro~€jhout the and the urban oore, and establishes and maintains effective linkages between the and other parte of the Chula Vista Planning .^.rea, and other ~rban centers of the South Bay. E. Civic and environR'lclntal design requirements and features '",hioh establish the oharacter of the. F. Landscape oriteria; fine arte oriteria; street, I3bza enolosure ::md mall furniture oriteria. The Design Manual may be amended by the Agenoy in order to refine, update, or improve the Manual's guiselines. Prol3osed amendments to the Desi€jfl Manual shall se referres to the Planning Commissien for its review, report and reoommendation. Historical Preservation Chula Vista's first City Hall is located at 294-296 Third Avenue and should be considered for preservation. Prooedures Manual The /\genoy, in oeoperation with the City, shall f-ormubte, adopt and mal<e available a Prooedures Manual f-or the Chula Vista Town Centre Redevelopment Project. The Manual shall set forth the prooedures neoessarj for prooessing development proposals and shall I3romulgate expedient review periods required for obtaining al3provals for the I3rojeot development and/or major rehabilitation. ARTICLE VII - METHODS FOR FINANCING THE PROJECT Section 700 General Description of the Proposed Financinq Methods Ordinance No. 3071 Page 21 700.1 700.2 700.3 700.4 700.5 Section 710 710.1 The Agency is authorized to finance this project with financial assistance from the City of Chula Vista, the State of California, the Federal Government, property tax increments, interest income, Agency funds, or any other available source. Loans for survey and planning and for the operating capital for nominal administration of this project are to be made by the City until adequate tax increments or other funds are available, or sufficiently assured, to repay the loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, will also supply additional assistance through loans and grants for various public facilities. As approved by the City Council, gas tax funds from the State of California and the County of San Diego will be used for the street system. As available, Federal loans and grants will be used to finance portions of project costs. The Agency is authorized to issue bonds in amounts sufficient to finance all or part of the project. The Agency is authorized to obtain advances, borrow funds, and create indebtedness in carrying out the Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. Tax Increments All taxes levied upon taxable property within the Town Centre Redevelopment Project Area each year by and for the benefit of the State of California, the County of San Diego, the City of Chula Vista, or any district or other public corporation hereinafter sometimes referred to as taxing agencies, after the effective date of the ordinance approving this Redevelopment Plan, shall be divided as follows: A. 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 redevelopment project 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 such ordinance shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the /, Ordinance No. 3071 Page 22 710.2 purposes of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the project on the effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date, the assessment roll last equalized on the effective date of said ordinance shall be used in determining the assessed value of the taxable property in the project on said effective date); and, B. 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 advancements to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance in whole or in part this redevelopment project. Unless or until the total assessed value of the taxable property in the project exceeds the total assessed value of the taxable property in the property as shown on the last equalized assessment roll referred to in paragraph "A" hereof, all of the taxes levied and collected upon the taxable property in the project shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, has been paid, all monies thereafter received from taxes upon the taxable property in the project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in paragraph "B" above are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying but the project. ARTICLE VIII - ACTIONS BY THE CITY Section 800 Aid and Cooperation Ordinance No. 3071 Page 23 800.1 The City shall aid and cooperate with the Agency in carrying out this Plan and shall take any further action necessary to insure continued fulfillment of the purposes of this Plan and to prevent the reoccurrence or spread in the area of conditions causing blight. Actions by the City may include but not be limited to the following: A. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys and other public rights-of-way and for other necessary modifications of the streets, the street layout and other public rights-of-way in the Project Area. Such action in the City may include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly owned public utilities within or affecting the Project Area. C. The undertaking and completing of any other proceedings necessary to carry out the project. ARTICLE IX - ENFORCEMENT OF THE PLAN Section 900 900.1 900.2 Responsibilitv The administrative enforcement of the Plan or other documents formulated pursuant to this Plan shall be performed by the City and the Agency. The provisions of this Plan or other documents formulated pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Further, any documents recorded expressly for the benefit of owners of property within the Project Area may be enforced by such property owners in addition to the City or the Agency. ARTICLE X - DURATION OF THE PLAN Section 1000 Effective Period Ordinance No. 3071 Page 24 1 000.1 Exceot for the non-discrimination and non-seareaation orOVISlons which shall run in oeroetuitv. the orovisions of this Plan shall b~ effective and the orovisions of. other documents formulate,g pursuant to this Plan mav be made effective for 25 vears from th\1. date of adootion of this Plan as amended from time to time. bv th~ kitv Council. ARTICLE XI - AMENDMENT Section 11 00 Procedure 1100.1 This Plan may be amended by .the procedures established in the California Community Redevelopment Law or any other procedure hereinafter established by Law. ARTICLE XII- NEIGHBORHOOD IMPACT ELEMENT Section 1200 1200.1 Section 1210 1210.1 Investigation of the proposed Project Area boundaries for the Town Centre Redevelopment Project reveals that the area contains sectors which are considered to fall within the category of low and moderate income housing. The impact of the proposed project upon the residents of the Project Area as well as the surrounding neighborhood is noted below, as required by Section 33333.5 of the Health and Safety Code of the State of California. Residential Analvsis Of the total acreage of 138.54 acres, 17.10 percent, or 23.69 acres are in residential use. The 23.69 .acres accommodate a total of 602 dwelling units and 189 structures. Additionally, the area contains one boarding house and one residential hotel. Of the total of 602 residential units located within the Project Area, 469. or approximately 77%, are located in Subarea One, which contains the historic Chula Vista townsite. Data contained in the 1975 Mid- Decade Census for tracts 22/3; 23/1; 23/2; 25/1; and 26/3, indicates that the area contains a proportionately higher incidence of elderly households and households earning less than the median income for the City in general. The age group 55+ makes up 16.7% of the total City population, while the same age group accounts for 35.41 % of individuals residing in the above cited tracts. As a corollary to this data, it appears that the income level of the Project Area is somewhat lower than that of the City at large. It should be noted that, while 41 % of the City-wide population has incomes in Ordinance No. 3071 Page 25 1210. Section 1211 1211.1 Section 1220 1220.1 1220.2 Section 1230 excess of $10,000, only 19% of the study area population has income in the same range. Therefore, it is assumed that the Project Area contains residential development currently serving the low and moderate income market. Although the exact incidence of deteriorated and dilapidated structures is not known, it is anticipated that some demolition in the fonm of spot clearance will be necessary to implement the Plan. Relocation Implementation of the proposed project will require displacement of some businesses, individuals and/or families. Such displacement will be mitigated by the provisions for owner participation contained in the Community Redevelopment Law. In those cases in which owner participation agreements cannot be negotiated, displacement and relocation will be handled in accordance with the provisions of the California State Relocation Assistance Law and other applicable statutes and guidelines. A detailed relocation provision is contained in the Report to the City Council on the Redevelopment Plan. Traffic Circulation The Redevelopment Plan provides for the ultimate implementation of a circulation system which would improve the pedestrian/vehicle movement and tend to reduce vehicle miles traveled (VMT) within the central business district. The incorporation of a mini-transit system (Le. mini-bus, shuttle vehicles) to effectuate smooth intra- project movement and methods for establishing smooth linkages between the project facilities and local and regional facilities will be addressed for possible utilization to accommodate project movement and vehicular circulation. Traffic volume within the project and associated areas is expected to increase significantly as the project nears completion. However, the total volume cannot be estimated until specific redevelopment proposals become available. Additionally, increased traffic in the central business district would further restrict pedestrian-vehicle movement and create congestion at intersections. However, the implementation of an effective circulation system and mini-transit vehicles should relieve congestion and facilitate the flow of traffic in the area. Environmental Qualitv Ordinance No. 307] Page 26 1230.1 The direct long and short-term impacts which may result from the implementation of the Plan are: A. No creation of any significant geologic related adverse impacts; B. Drainage impact is anticipated to be insignificant; C. No adverse impact on ground water or water quality would occur if the Plan were implemented at this time; D. No adverse effect on mineral resources would result from the Plan; E. Due to the developed nature of the area, there are anticipated to be no significant impacts on land form; F. An increase in traffic on streets in and adjacent to the project will occur if the project is implemented; G. An increase in emissions produced by mobile sources will result in the San Diego Air Basin and local areas due to increased traffic generated as the project is implemented; H. Noise generated by motor vehicles will increase in and adjacent to the Project Area; I. There will be an insignificant impact on biological resources; J. There are likely to be no adverse impacts on paleontology/ archeology or historical resources; K. Tho !'lropocod land UEO !'lolioy 'Nill rOE:ult in no undoE:iral:llo impaot; K. There is no anticipated adverse impact on the aesthetic quality of the area; L. The area's social well being will be impacted insignificantly; M. It is anticipated that there will be no adverse impact on the community tax structure; N. It is not anticipated that the Plan will create any further I impact on the cultural factors in the area; Ordinance No. 3071 Page 27 1230.2 Section 1240 1240.1 O. As a result of increased population density if the Plan is implemented, in all probability there will be an increased demand for police and fire protection as well as other community services; P. There will be an increase in the use of non-renewable energy producing resources due to increased density in the project. In summary, the short-term effects of the proposed Plan, if implemented, would include increased traffic and noise associated with construction operations. The long term cumulative adverse effects of the proposed action would include increased population density, increased traffic and noise generated by the commercial and residential development, commitment of existing vacant lands to development and the use of non-renewable resources. Delaying the proposed project would result in the further decline of Chula Vista's Centre City. the implementation of the Plan would provide the overall enhancement of the Project Area and the renewed productivity of the Chula Vista business district while encouraging the revitalization of the urban core and discouraging encroachment into currently undeveloped areas. Availability of Community Facilities and Services The impact of the project upon the residents of the area and surrounding neighborhoods as it relates to the availability of community facilities and services is addressed below in accordance with the Community Redevelopment Law. A. The Plan, if implemented, will in all probability result in an increase in the mean income in the study area as a result of the rehabilitation and revitalization of the residential fabric. The project would provide temporary employment opportunities during new construction and long term employment opportunities could result from upgrading and expanding commercial activities in the area. The implementation of the Plan could cause the displacement of persons or establishments occupying blighted and/or incompatible buildings. If this is the case, relocation assistance will be provided by the Redevelopment Agency of the City of Chula Vista. Additionally, owner participation agreements will be utilized where feasible to encourage participation by property owners while lessening the need for acquisition and relocation. Further, preference Ordinance No. 3071 Page 28 for re-entry will be extended to all displaces as a result of any redevelopment activity undertaken in the Project Area. B. The Project Area currently encompasses three elementary school attendance boundaries: Vista Square, Rosebank, and Hilltop Elementary Schools. The site is also within the boundaries of the Chula Vista Junior and Senior High Schools. According to the Chula Vista Elementary and Sweetwater High School Districts, all three elementary schools, plus the junior high school have exceeded capacity. Chula Vista High School has an excess of 291 available spaces. A breakdown of capacities and enrollments by school follows: 1. Hilltop Elementary School has a capacity of 472 students and a current enrollment of 473, indicating a deficit of one space. 2. Rosebank Elementary School has a capacity of 488 students and a current enrollment of 490, yielding a two-space deficit. 3. Vista Square Elementary School has a capacity of 432 students and a current enrollment of 501, indicating a deficit of 69 spaces. The elementary schools currently have a capacity of 1,392 students, and as of December 1975, 1,464 enrollment, yielding a deficit of 72 spaces. The junior high school; Le. Chula Vista Junior High School, has a capacity of 1,200 students and a current enrollment of 1,297, indicating a deficit of 97 students. The senior high school, Chula Vista High School, has a capacity of 1,624 students, with a current enrollment of 1,333, indicating an excess capacity of 291 spaces. Due to the fact that plans are currently not detailed enough to project changes in attendance as a result of the Plan, it can only be anticipated that increases in density may result in increased school enrollment. The Agency will cooperate with the affected school district in an effort to mitigate the impact of such increased enrollment. Ordinance No. 3071 Page 29 The project is located within the City Park Service District NO.3 and contains 8.6 acres of park land. This acreage is below the 22.4 acres required to meet City standards. The following chart illustrates the acreages, location, and facilities available at the two existing parks in the study area: Name Acreaqe Improvements Memorial Park 7.1 Third Avenue & Park Way Gymnasium, Swimming Pool, Recreation Hall, Memorial Bowl, Tot Lot, Picnic Facilities, Shuffleboard Courts Norman Park 1.5 Center, Del Mar & "F" Street Senior Citizen Center, Picnic Facilities, Shuffleboard Courts, Horseshoe Pits The residential portion of the Plan will, in all probability, result in a greater need for additional park lands in the area due to increased densities. As a part of the overall Plan and the implementation of the redevelopment process, new park lands, open spaces, and recreational opportunities will be required of developers and/or constructed by the Agency to ensure adequate facilities for the enjoyment of the residents of the Project Area and the City in general. C. Due to the age and deterioration of the older section of the commercial district on Third Avenue, a safety hazard exists. Several structures in the Project Area have been declared unsafe and condemned by the City's Building and Housing Department. Fire and Police protection are provided by the City of Chula Vista. The nearest stations are located at the Civic Center on Fourth Avenue, one block west of the project site. Solid waste disposal service for the Project Area is provided by the Chula Vista Sanitary Service, via an agreement with the City of Chula Vista. It is anticipated that there will be no significant impacts as a result of the implementation of the Town Centre Redevelopment Project Plan. In fact, the removal and restoration of deteriorated structures will provide a safe Ordinance No. 3071 Page 30 Section 1250 1250.1 environment within and surrounding the buildings. Fire and. Police protection and the solid waste disposal services should have the capacity to service the study area following implementation of the Plan. Finally, it is anticipated that there will be no significant adverse impacts concerning health and safety within the Project Area upon the completion of the project. D. Gas, electricity, water and sewer service are currently provided within the Project Area. Current analysis indicates that the project will not place an undue burden upon the suppliers of these services to meet demands upon completion of the project. However, an evaluation of additional service required for new development will be provided in specific E.I.R.'s developed as the project is implemented. Property Assessments and Taxes All property within the Project Area will continue to be assessed at the current State-mandated level. The redevelopment of the Project Area should cause the assessed value of properties within the Project Area to increase. This increase would result in the availability of increased tax revenues for the provision of community services. The increased availability of revenue could, in turn, make possible a lowering of tax rates.