Loading...
HomeMy WebLinkAboutPlanning Comm Reports 2003/09/10 AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, September 10,2003,6:00 p.m. Council Chambers 276 Fourth Avenue Chula Vista, CA 91910 CAll TO ORDER: Hall Madrid O'Neill Cortes Castaneda Hom Felber ROLL CALUMOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES July 30, 2003 and August 13, 2003 INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC 03-63 Conditional Use Permit proposal to allow a dwelling group at 166 Carver Street. This public hearing was duly noticed in the newspaper, however, subsequent to the notice being published, the applicant withdrew his application. 2. ACTION ITEM: A. Resolution of the Planning Commission of the City of Chula Vista making its report and recommendation on the proposed amended and restated Redevelopment Plan for the Bayfront I Town Centre I Redevelopment Project as amended by the 2003 Amendment. B. Resolution of the Planning Commission of the City of Chula Vista making its report and recommendation on the Proposed amended and restated Redevelopment Plan for the merged Chula Vista Redevelopment Project as amended by the 2003 Amendment. Project Manager: Miguel Tapia, Sr. Community Development Specialist Planning Commission - 2 - September 10, 2003 BUSINESS: Nomination of new representative to serve on GMOC for FY 03-04, DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. PAGE 1, ITEM NO.: MEETING DATE: 09-10-03 PLANNING COMMISSION AGENDA STATEMENT ITEM TITLE: A) RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING ITS REPORT AND RECOMMENDATION ON THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT AS AMENDED BY THE 2003 B) RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING ITS REPORT AND RECOMMENDATION ON THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AS AMENDED BY THE 2003 AMENDMENT SUBMITTED BY: COMMUNITY DEVELOPMENT STAFF BACKGROUND The City Council and Redevelopment Agency have been in the process of amending the existing redevelopment plans since November 2002. As currently proposed, there would be two amendments, which are known as the 2003 Amendments. The first of the 2003 Amendments would amend and restate the Bayfront and Town Centre I Redevelopment Plans in a single consolidated, amended, and restated redevelopment plan document known as the Bayfront!Town Centre I Plan. These areas were previously merged in 1979 but maintained separate redevelopment plan documents. The second of the 2003 Amendments would amend and restate the Otay Valley, Town Centre II and Southwest Redevelopment Plans, which were previously merged (but not consolidated) in 2000, in a single consolidated, amended, and restated redevelopment plan document which would be referred to as the Merged Chula Vista Redevelopment Plan. Another part of this 2003 Amendment would add approximately 550 acres of territory to the existing Merged Chula Vista Redevelopment Plan. Thus, each of the two 2003 Amendments is presented in the form of an amended and restated redevelopment plan, one for the Bayfront!Town Centre I Plan and the other for the Merged Chula Vista Redevelopment Plan, Redevelopment Law requires the Agency to submit the 2003 Amendments in the form of the draft amended and restated redevelopment plans to the Planning Commission for their report - PAGE 2, ITEM NO.: MEETING DATE: 09-10-03 and recommendation. The Planning Commission is to first determine whether the draft amended and restated redevelopment plans conform to the City's General Plan. In addition, the Planning Commission is to provide the City Council a recommendation concerning approval of the 2003 Amendments. RECOMMENDATION That the Planning Commission adopt the following resolutions: 1. Resolution No. _ making its report and recommendation on the proposed 2003 Amendment in the form of the Amended and Restated Redevelopment Plan for the BayfrontfTown Centre I Redevelopment Project 2. Resolution No. _ making its report and recommendation on the proposed 2003 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project DISCUSSION The Redevelopment Agency initiated a series of redevelopment plan amendments in November 2002 to enhance the ability of the Agency to undertake redevelopment projects in the existing redevelopment project areas and throughout other portions of western Chula Vista, In addition to streamlining administration of the redevelopment project areas by consolidating the redevelopment plans, the 2003 Amendments would add property primarily in commercial zones in west Chula Vista and extend eminent domain authority in the otay Valley and Town Centre II areas, As proposed, the 2003 Amendments would achieve the following: BavfrontfTown Centre I Redevelopment Plan . Consolidate the previously merged Bayfront and Town Centre I redevelopment plans into a single amended, consolidated, and restated redevelopment plan document (to be known as the BayfrontfTown Centre I Redevelopment Plan), including updating the public improvement and facility projects list in the Plan. Meraed Chula Vista Redevelopment Plan . Consolidate the previously merged Town Centre II, Otay Valley, and Southwest redevelopment plans into a single amended, consolidated, and restated redevelopment plan document (to be known as the Merged Chula Vista Redevelopment Plan), including updating the public improvement and facility projects list in the Plan; . Add approximately 550 acres of property (known as the "Added Area") located along the Broadway, Third Avenue commercial corridors, the northern and southwest part of Chula Vista to the Merged Chula Vista Redevelopment Project Area (see map attached at Exhibit A); . Reestablish eminent domain authority for a period of 12 years on all property within the Otay Valley subarea of the Merged Chula Vista Redevelopment Project Area; and - . PAGE 3, ITEM NO.: MEETING DATE: 09-10-03 . 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 sub-area of the Merged Chula Vista Redevelopment Project Area. Of interest to the Planning Commission is the land use authority of the proposed Amended and Restated Redevelopment Plans and their conformity with the General Plan. The Planning Commission is responsible for making a determination whether a redevelopment plan is consistent with the community's general plan in its report and recommendation to the legislative body. Redevelopment plans may establish a separate layer of land use policies, which must be consistent with the General Plan in order for the Plan to be adopted. However, it has been the practice of the Redevelopment Agency to adhere to City policies rather than create an additional land use policy in its redevelopment plans. Consequently, the resolutions before the Planning Commission tonight affirm the fact that the proposed Amended and Restated Redevelopment Plans achieve this objective, With respect to the BayfrontITown Centre I Redevelopment Plan, the 2003 Amendment consolidates, amends, and restates the two separate redevelopment plans into a single redevelopment plan document. Goals, potential projects, and other redevelopment authorities in the Amended and Restated Plan remain consistent with Redevelopment Law and the existing Bayfront and Town Centre I redevelopment plans. The Amended and Restated Redevelopment Plan does not propose any site-specific development, but would continue to act as a policy tool and funding source to facilitate the reuse and improvement of Project Area properties. The Amended and Restated Plan adheres to the land use policies in the City's General Plan, zoning, and other applicable development regulations, and does not establish separate land use policies for these redevelopment areas, As described in the accompanying resolution, the land use policies in the Amended and Restated Redevelopment Plan refer to the City's policies (be they in the General Plan, zoning ordinance, or other applicable policies) shall remain in full effect in the BayfrontITown Centre I Project Area, as such policies exist today or are hereafter amended. As such, any changes to the General Plan (or any other applicable planning policies established by the City) are automatically incorporated by reference in the Amended and Restated Redevelopment Plan. The proposed Amended and Restated Plan for the Merged Chula Vista Redevelopment Project Area similarly establishes identical land use policies and is consistent with the General Plan and other planning policies, Additionally, the 2003 Amendment would reestablish eminent domain authority in the Otay Valley and Town Centre II constituent areas of the Project Area. Both constituent areas had eminent domain authority when they were originally established but the 12-year time limit on this authority has since expired. The extension of eminent domain authority would not affect property in a residential use located within an area where such uses are permitted by the General Plan and zoning. (The Town Centre II constituent area has such residential uses and eminent domain is proposed to be exempt on these properties; no such residential uses exist in the Otay Valley area), The 2003 Amendment to the Merged Chula Vista Redevelopment Plan also adds approximately 550 acres of property to the Project Area by including nearly two dozen noncontiguous areas PAGE 4, ITEM NO.: MEETING DATE: 09-10-03 located along Broadway, Third Avenue and other commercial corridors in the Project Area, The Planning Commission originally established the proposed boundaries of the Added Area to the Project Area in November 2002, and approved minor modifications to the boundaries in July 2003. Because the Amended and Restated Redevelopment Plan provides no land use policy changes, the Amended and Restated Redevelopment Plan is expected to facilitate implementation of the goals in the City's General Plan, A portion of the proposed Added Area located west of Interstate 5 and north of Main Street is currently in the jurisdiction of the City of San Diego, which is ultimately planned to be de- annexed from San Diego and annexed into Chula Vista. Pursuant to a memorandum of understanding, both San Diego and Chula Vista representatives have been working on the appropriate steps of the LAFCO process to incorporate this property into Chula Vista. In the meantime, the City of San Diego is expected to authorize the inclusion of this property into the Added Area prior to the Chula Vista City Council/Agency public hearing scheduled for November 11, 2003. Without this authorization, the property cannot remain in the Added Area. Because this property is currently outside the jurisdiction of the City of Chula Vista, the Chula Vista Planning Commission is precluded from evaluating this aspect of the 2003 Amendment. In summary, the proposed Amended and Restated Redevelopment Plans are consistent with the City's General Plan and other applicable codes, ordinances and guidelines, as it incorporates by reference the land use policies in the City's General Plan (and other applicable codes and ordinances); permitted land uses, development standards, and densities are explicitly provided by these documents, as they currently exist or are hereafter amended, The Amended and Restates Redevelopment Plans do not propose any change to land use designations or existing General Plan policies, As such, the 2003 Amendments in the form of the Amended and Restated Redevelopment Plans conform to the City's General Plan, and implementation of projects under the Amended and Restated Redevelopment Plans also conform to the General Plan. FISCAL IMPACT Adoption of the attached resolutions does not result in any direct fiscal impact to the City of Chula Vista. The 2003 Amendments are to be considered for approval by the City Council and Agency after a joint public hearing scheduled for November 11, 2003. If adopted, the 2003 Amendments would result in some streamlining of administrative tasks, and generate additional net tax increment revenues that could be invested within the respective two existing Project Areas and the proposed Added Area_ ATTACHMENTS Exhibit A - Map of Proposed Added Area. ~ ~ -0 C. ::J o CO ~ Q) 4 -0 Q) -0 ~ .'t ~, " .. 4. -0 t\ -0 "- -0 .. W .- 0- 60" u:~ 4~ ~-o BS ~& + ,- \ ~ . .. . .. ; . . . = ~ " ~ I , \ " \ ----/' , \ \ , ,/ \ v.' \ "', \ ),--/ \ --- \ ' \ \ ...J RESOLUTION NO, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING ITS REPORT AND RECOMMENDATION ON THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE BA YFRONTITOWN CENTRE I REDEVELOPMENT PROJECT AS AMENDED BY THE 2003 AMENDMENT WHEREAS, on July 16, 1974, the City Council of the City ofChula Vista CCity Council") adopted Ordinance No, IS41 approving a redevelopment plan for the Bayrront Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22,1986 by Ordinance No. 2146, on January 4,1994 by Ordinance No, 2S8S, on November 8, 1994 by Ordinance No. 2608, and on July 7, 1998 by Ordinance No, 2734 ("Bayrront Plan"); and WHEREAS, on July 6, 1976, the City Council adopted Ordinance No, 1691 approving a redevelopment plan for the Town Centre I Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No, 2146, on January 4, 1994 by Ordinance No, 2S8S, on November 8, 1994 by Ordinance No. 2609, and on July 7, 1998 by Ordinance No. 273S ("Town Centre I Plan''); and WHEREAS, by Ordinance No, 1872, the Bayfront Plan and Town Centre I Plan were merged to facilitate the sharing of financial resources pursuant to Sections 33480 through 33484 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et ~. CLaw"); and WHEREAS, even though the Bayrront Plan and the Town Centre I Plan were merged as described in the previous Recital, the two plans remained separate documents, each governing its respective constituent area; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the previously merged Bayrront Plan and Town Centre I Plan to amend and consolidate the two redevelopment plans into a single redevelopment plan document ("2003 Amendment"), and has prepared an Amended and Restated Redevelopment Plan attached hereto and incorporated herein as Exhibit "A" ("Plan"); and WHEREAS, Section 33346 of the Law provides that before the proposed Plan is submitted to the City Council for consideration, it shall be first submitted to the Planning Commission for its report and recommendation concerning the Plan and its conformity to the City's General Plan; and, WHEREAS, Section 65402 of the Government Code provides in part: (a) "If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park, or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof." (b) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof is applicable thereto, until the location, purpose and extent of such aequisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof..."; and, WHEREAS, the Planning Commission has received and reviewed the Plan in the form attached hereto as Exhibit "A"; and, WHEREAS, the boundaries of the Bayfront/Town Centre I Redevelopment Project Area ("Project Area") incorporate territories within the jurisdiction of the City of Chula Vista General Plan; and, WHEREAS, the Plan proposes land use controls, permitted uses, public uses, interim uses, and general land use controls and limitations, in a manner consistent with applicable City General Plan policies as follows: 1. Section S 1 8 of the Plan provides that public improvements to be undertaken by the Agency are identified in the General Plan and capital improvement programs, and incorporates said documents by reference; and, 2. Section S28 of the Plan provides that all development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws. including without limitation the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 3. Section S29 of the Plan provides that all real property sold, leased or conveyed by the Agency, as well as property subject to Owner Participation Agreements between the Agency and property owners, shall be made subject to the provisions of the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specifie plans as they now exist or are hereafter amended; and, 4, Seetion 601 of the Plan provides that the land uses permitted by this Plan shall be those permitted by the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, S. Section 603 of the Plan provides that the street system in the Project Area shall be developed in accordance with the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 6. Section 606 of the Plan provides that any interim uses shall conform to the General Plan, zoning ordinance, and all other state and local building codes, guidelines or specific plans as they now exist or are hereafter amended; and, 7. Section 607 of the Plan provides that no real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and the regulations and requirements of the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 8. Seetion 608 of the Plan also provides that the type, size, height, number. and use of buildings in the Project Area will be controlled by the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 9. Section 610 of the Plan provides that the number of dwelling units in the Project Area shall be regulated by the General Plan as it now exists or is hereafter amended: and, 10, Section 61 I of the Plan provides that the amount of open space in the Project Area is to be the areas so designated by the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specifie plans as they now exist or are hereafter amended. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby: 1. Reports, finds, and determines that the Amended and Restated Redevelopment Plan for the BayfiontlTown Centre I Redevelopment Project as amended by the 2003 Amendment conforms to the City ofChula Vista General Plan. ') The Planning Commission hereby recommends that the City Council and Agency adopt the Amended and Restated Redevelopment Plan for the BayfiontlT 0\\11 Centre I Redevelopment Project. o ,'. The Planning Commission hereby finds and determines, pursuant to Section 65402 of the Government Code, that the location, purpose, and extent of any acquisition, disposition, vacation, abandonment, construction, or authorization for the purposes described in Section 65402 of the Govemment Code, or other public purposes, by the Agency for the purpose of carrying out the Redevelopment Plan conforms to the General Plan of the City, 4, The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any and all actions that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of the Plan, the Agency or City Council desire to make any minor, technical, or clarifying changes to the Plan, the Planning Commission hereby finds and determines that any such minor, technical, or clarifying changes need not be referred to it for further report and recommendation, 5. This Resolution shall constitute the report and recommendation of the Planning Commission on the Redevelopment Plan to the Agency and City Council pursuant to Section 33346 of the Law, PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this JOtll day of September, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Steve Castaneda, Chair Diana Vargas, Secretary EXHIBIT "A" DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT BayfronVTown Centre I Redevelopment Project Amended and Restated Redevelopment Plan August 19, 2003 - DRAFT RedevelopmentAgency of the City of Chula Vista 276 Fourth Avenue Chula VISta, Califomia 91910 Rosenow Spevacek Group, Inc. 217 N. Main Street, Suite 300 Santa Ana, Califomia 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@web~g.com Atnended and Restated Redevelopment Plan BayfronVTown Centre I 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 Original and Amended Bayfront Constituent Areas .................................. 4 Town Centre I Constituent Area ................................................................... 5 SECTION V (500) REDEVELOPMENT PLAN ACTIONS ............. 6 (501) General......................................................................................... 6 (502) Property Acquisition................................................................... 8 (505) Participation by Owners and Persons Engaged in Business ...................................................................................... 9 (509) Implementing Rules.................................................................. 11 (510) Cooperation with Public Bodies.............................................. 11 (511) Property Management.............................................................. 12 (512) Payments to Taxing Agencies................................................. 12 (513) Relocation of Persons Displaced by a Project ...................... 13 (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste..................... 13 (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs......................................................................... 15 (526) Property Disposition and Development .................................16 (534) Low- and Moderate-Income Housing...................................... 20 SECTION VI (600) USES PERMITTED IN THE PROJECT AREA ....................................................................21 J:\COMMDEVlTAPIA\PROJECTS\BIG AMENOMENT\BAYFRONT-TC1 REDEVELOPMENT PlAN.DOC AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT (601) Maps and Uses Pennitted ........................................................ 21 (602) Public Uses................................................................................ 21 (605) Nonconfonning Uses................................................................ 22 (606) Interim Uses............................................................................... 22 (607) General Control and Limitations ............................................. 22 (617) Design for Development........................................................... 25 (618) Building Pennits........................................................................ 25 SECTION VII (700) METHODS FOR FINANCING THE PROJECT ..............................................................26 (701) General Description of the Proposed Financing Methods... 26 (702) Tax Increment Revenue............................................................ 26 (703) Agency Bonds ........................................................................... 28 (704) Other Loans and Grants........................................................... 28 (705) Rehabilitation Loans, Grants, and Rebates............................ 28 SECTION VIII (800) ACTIONS BY THE CITY ...........................29 SECTION IX (900) ADMINISTRATION AND ENFORCEMENT... 30 SECTION X (1000) PLAN LIMITATIONS.................................. 30 (1001) (1002) Amount of Cumulative Tax Increment Revenue.................... 30 Amount of Bonded Indebtedness Outstanding At Any One Time ............................................................................................ 30 (1003) (1004) (1005) Time Frame to Incur Indebtedness ......................................... 31 Duration of This Plan ................................................................ 31 Time Frame to Collect Tax Increment Revenue..................... 31 SECTION XI (1100) PROCEDURE OF AMENDMENT ................ 32 Exhibit A - Project Area Map................................................... 33 Exhibit B - Legal Description .................................................. 35 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects ........................................37 Public Infrastructure Projects..................................................................... 37 Community Facilities................................................................................... 37 Exhibit D - Diagram of Current Permitted Land Uses ............ 38 Alnended and Restated Redevelopment Plan BayfronVTown Centre I Redevelopment Project SECTION I (100) INTRODUCTION (101) This is the amended and restated Redevelopment Plan for the BayfrontITown Centre I Redevelopment Project ("Plan"), located in the city limits of Chula Vista, Califomia. It consists of the text (Sections 100 through 1100); the Map of the BayfrontITown Centre I Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed, public facilities and infrastructure improvement projects (Exhibit C), and a diagram of current pennitted land uses (Exhibit D). The Project Area consists of three constituent redevelopment project areas: . the Original Bayfront Redevelopment Project Area (hereinafter defined as the "Original Bayfront Constituent Area"); . the Town Centre I Redevelopment Project Area (hereinafter defined as the "T own Centre I Constituent Area"); . the Amended Bayfront Constituent Area which consists of an area added to the Original Bayfront Constituent Area portion of the BayfrontITown Centre I Merged Area. This Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, Califomia ("Agency") pursuant to the Califomia Community Redevelopment Law (Health and Safety Code Section 33000, et seQ.), 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 property or area within the Project Area. Instead, this Plan presents a process and a basic framework within which specific development plans will be presented, priorities for specific projects will be ROSENOW SPEVACEK GROUP, INC. PAGE 1 AMENDED AND RESTATED REDEVELOPMENT PLAN BA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed w~h 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 and this Plan shall be automatically superseded by such statutory changes to the extent the Plan is required to be in COnfonmity w~h such statutory changes (and all other temns 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, Califomia. F. "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth temns and cond~ions for improvement and redevelopment. G. "General Plan" means the General Plan of the City, the comprehensive and long-temn general plan for the physical development of the City, as ~ 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(f) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or pemnanently displaced by actions of the Agency. ROSENOW SPEVACEK GROUP, INC. PAGE 2 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT K. "Owner" means any person owning fee title to, or a long-temn leasehold interest in (a temn of 20 years or more with at least 10 years remaining on such temn), real property within the Project Area. L. "Owner Participation Agreement" means an agreement between the Agency and an Owner, which sets forth temns 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 BaytrontITown Centre I Redevelopment Project, as amended by Ordinance No. on P. "Project" means the BaytrontITown Centre I Redevelopment Project. Q. "Project Area" means the BaytrontITown Centre I Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. R. "Amended Baytront Constituent Area" means the territory added to the Original Baytront Constituent Area by Ordinance No. 2734 adopted on July 7, 1998. S. "Original Baytront Constituent Area" means the Baytront Redevelopment Project Area established on July 16, 1974 by Ordinance No. 1541, and amended by Ordinance No. 1872 on July 17, 1979, by Ordinance No. 2146 on April 22, 1986, Ordinance No. 2585 on January 4, 1994, and Ordinance No. 2608 on November 8, 1994. T. "Town Centre I Constituent Area" means the Town Centre I Redevelopment Project established by Ordinance No. 1691 on July 6, 1976, and amended by Ordinance No. 1872 on July 17, 1979, Ordinance No. 2146 on April 22, 1986, Ordinance No. 2585 on January 4, 1994, Ordinance No. 2609 on November 8, 1994, and Ordinance No. 2735 on July 7, 1998. U. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. V. "State" means the State of California. W. "State Law" means an enactment of State of Califomia, and includes such regulations as have the force of law. ROSENOW SPEVACEK GROUP, INC. PAGE 3 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT SECTION III (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as 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 which are identical to those contained in the initial redevelopment plans for the three constituent areas of the Project Area: Original and Amended Bayfront Constituent Areas . Create physical buffers which ameliorate the adve~e effects of changing land uses along interfaces. . Discourage piecemeal planning practices . Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. . Eliminate and preventing the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. . Encourage tourism, including the development of high-quality hotels, motels, restaurants, and meeting facilities. . Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. . Encourage cooperation and participation of property owners, business persons, public agencies and community organizations in the revitalization of the Project Area. . Stimulate investment of the private sector in the full development of the Project Area. . Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. · Promote public improvement facilities which are sensitive to the unique environment qualities of the Project Area. ROSENOW SPEVACEK GROUP, INC. PAGE 4 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT . 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. . Alleviate certain environmental deficiencies including substandard vehicular and pedestrian circulation systems, insufficient off-street parking and other similar public improvements. . Improve local drainage conditions that constrain the development of various parcels in the Project Area, the cost of which cannot be bome by private enterprise, govemmental action, or both, without redevelopment. . Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. . Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. . Develop safeguards against noise and pollution to enhance the industrial/commercial community. . To the extent possible, for all redevelopment projects undertaken under this Plan, preference in hiring for jobs created by these redevelopment actions should be given to City residents. Town Centre I Constituent Area . Eliminate blighting influences, including incompatible and noxious land uses, obsolete structures and inadequate parking facilities. . Eliminate environmental deficiencies including, among others, small and irregular lot and block subdivisions, several poorly planned streets, and economic and social deficiencies. . Strengthen mercantile posture of Town Centre I and the improvement of retail trade therein. . Renew Town Centre I's physical plant and the improvement of its land use pattems and spatial relationships. . Retain and expand viable land uses, commercial enterprises, and public facilities within the area. . Attract capital and new business enterprises to the core area. ROSENOW SPEVACEK GROUP, INC. PAGES AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT . Beautify the area, including its buildings, open space, streetscape, and street furniture. . Encourage multi-family, middle-income residential units in and near the core area. . Accommodate Mure local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra- project system. . Establish Town Centre I as the South Bay's principal center for specialty goods and services. . Establish design standards to assure desirable site design and environmental quality. . Re-circulate the people of Chula Vista to their core area, and the 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). 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 hea 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. ROSENOW SPEVACEK GROUP, INC. PAGE 6 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property, personal property, any interest in property, and improvements on the property by purchase, lease, option, grant, bequest, gift, devise, or any other lawful means, or, where it is deemed necessary, by exercising the power of eminent domain, as pemnitted by Section 503 of this Plan, after conducting appropriate public hearings and making appropriate findings. 8. Site preparation and development and construction of necessary off-site improvements. 9. Improving open space. 10. Managing property acquired by the Agency. 11. Providing financing for the assistance of commercial and industrial development that increases the economic base of both the Project Area and the City, and the number of temporary and pemnanent jobs. 12. The disposition of real property, personal property, any interest in property, and improvements on the property through methods such as sale, lease, exchange, subdivision, transfer, assignment, pledge, encumbrance or any other lawful means of disposition. 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. 18. Exercising other powers authorized by the Redevelopment Law, including, but not limited to, environmental remediation activities, property rehabilitation, and predevelopment and planning efforts. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter pemnitted by the Redevelopment Law and any other State law to the extent not inconsistent with the Redevelopment Law. ROSENOW SPEVACEK GROUP, INC. PAGE 7 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT (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 Original Bavfront Constituent Area no action to acquire property by eminent domain shall be commenced after July 7, 2010, unless extended by amendment of this Plan. b. Eminent domain shall not be used to acquire any property located in the Amended Bayfront Constituent Area. c. Within the Town Centre I Constituent Area, no eminent domain acquisition shall be commenced after July 7, 2010, unless extended by amendment of this Plan. d. Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. e. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present fomn and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Pian pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. 2. (504) ACQuisition of Personal Property, Any Other Interest in Real Property, or Anv 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 ROSENOW SPEVACEK GROUP, INC. PAGE 8 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT repurchase of developed property previously owned by the Agency by any lawful means. (505) Participation by Owners and Persons Engaged in Business 1. (506) Owner Participation This Plan provides for opportunities for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in confomnity with this Plan and rules adopted by the Agency to implement these provisions. Participation methods include: (i) remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or (ii) submitting to the Agency for 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 hislher 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 pe~ons 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 perfomn 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 confomn 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 confomn or will confomn to: the goals and objectives established by the Agency; the Plan; any applicable specific plan or design guide; applicable ROSENOW SPEVACEK GROUP, INC. PAGE 9 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT zoning, building and safety laws and regulations; and the redevelopment proposal for the development site approved by the Agency. c. The Agency retains its authority to detemnine in its sole discretion whether the Participant's(s') proposed development confomns 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 detemnined necessary by the Agency for the proposed development. e. Consideration of the elimination and/or change of land uses, particularly nonconfomning 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 Pe~ons Enoaoed in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and rEH!ntry. 3. (508) Owner Participation Aoreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in confonnnance 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 ROSENOW SPEVACEK GROUP, INC. PAGE 10 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT documents as are necessary to make the provisions of this Plan applicable to their properties. Owner Participation Agreements shall include appropriate remedies such as the 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 rules may be amended from time to time by 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, to the extent permitted by law. may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is ROSENOW SPEVACEK GROUP, INC. PAGE 11 AMENDED AND RESTATED REDEVELOPMENT PLAN BA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT authorized, to the extent permitted by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area, subject to making applicable findings as required by the Redevelopment Law, subject to holding duly noticed public hearing when and as required by the Redevelopment Law. (511) 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 that may not exceed the amount of money the public entity would have received if the property had not been tax-exempt. In addition, to the extent required by State Law, the Agency shall remit payments to the affected taxing agencies in a manner consistent with Section 33607.5, Section 33676, and any other pertinent and applicable sections ofthe Redevelopment Law. All such amounts shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted from the total amount of tax increment funds received by the Agency in the applicable fiscal year. Such payments shall be reduced in accordance with the provisions of Section 33607.5 of the Redevelopment Law or any other applicable statute. Such payments shall be the exclusive payments that are required to be made by the Agency to affected taxing entities for the duration of this Plan, unless this Plan is amended in a manner that requires application of Section 33607.7. Such payments may be subordinated to loans, bonds, or other Agency indebtedness as provided by the Redevelopment Law. The Agency may also pay to any affected taxing agency any amounts of money which the Agency has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January 1, 1994. ROSENOW SPEVACEK GROUP, INC. PAGE 12 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Proaram In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et sea.) ("Relocation Assistance Act"), the Relocation Assistance and Real Property Acquisition Guidelines adopted and promulgated by the California Department of Housing and Community Development ("Relocation Guidelines") and the the Agency shall provide relocation benefits and assistance to all "displaced" persons (including families, business concems, and othe~) as may be required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. (515) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in confonmance 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) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to dernolish, 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 penmitted by law, the Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, but without limitation, the Agency may pay for, install, or construct the buildings, 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 benefrt of the Project Area, public buildings, facilities, structures, or other improvements, and the cost of the land therefore, except as expressly prohibited by the Redevelopment Law. The public facilities and infrastructure improvement projects that may be undertaken by ROSENOW SPEVACEK GROUP, INC. PAGE 13 AMENDED AND RESTATED REDEVELOPMENT PLAN BA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT the Agency pursuant to this Plan are identified in the City's General Plan, capital improvement program, or which is found to be consistent with the Agency's Section 33490 implementation plan, as such plans and programs are amended from time to time, and which plans and programs, as so adopted and thereafter amended, are incorporated herein by reference. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, as may be required by the Redevelopment Law, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the City Council making the applicable detenninations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other pUblic corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, in accordance with the requirements of the Redevelopment Law. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of BuildinQ Sites Any real property owned or acquired by the Agency may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for 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 detennines are necessary, and which are consistent with the Redevelopment Law and other State and federal laws, to remedy or remove a release of hazardous substances on. under, or from property within the Project Area. ROSENOW SPEVACEK GROUP, INC. PAGE 14 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT (521) Rehabilitation, Moving of Sbuctures by the Agenc;y 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 penmitted by the Redevelopment Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. The Agency is authorized to conduct a program of assistance and enforcement to encourage owne~ 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 facto~ 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 rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in confomnance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. ROSENOW SPEVACEK GROUP, INC. PAGE 15 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT 2. (523) Clearinq or Movinq 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 (including the Redevelopment Law) and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. 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 graffrti from public or private property. (526) Property Disposition and Development 1. (527) Real Property 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 the Redevelopment Law. The real property acquired by the Agency in the Project Area, except property conveyed by it to the Crty 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, ROSENOW SPEVACEK GROUP, INC. PAGE 16 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT and where beneficial to the Project Area, to any other public body or private party without charge or for an amount less than fair market value provided all applicable findings are made and procedures followed as may be required by the Redevelopment Law. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other covenants, conditions, or restrictions to prevent speculation or excess profit taking in undeveloped land, including right of reverter to the Agency and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the 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 Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or 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 covenants, conditions, and restrictions; provisions of the General Plan and zoning ordinance; and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended; conditional use permits; or other means. Where appropriate, as determined by the Agency, such ROSENOW SPEVACEK GROUP, INC. PAGE 17 AMENDED AND RESTATED REDEVELOPMENT PLAN SA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT documents or portions thereof shall be recorded in the office of the County Recorder. Leases, deeds, contracts, agreements, and declarations of covenants, conditions, and restrictions of the Agency may contain restrictions, conditions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate lessees and purchasers of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to refrain from restricting the rental, sale or lease of the property on the basis of race, color, religion, sex, marital status, ancestry, or national origin of any person. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain or be subject to such nondiscrimination and non- segregation clauses as are required by Redevelopment Law. 2. (530) Personal ProDertv 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 ROSENOW SPEVACEK GROUP, INC. PAGE 18 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT 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: '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 ROSENOW SPEVACEK GROUP, INC. PAGE 19 AMENDED AND RESTATED REDEVELOPMENT PLAN BA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT 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 pe~on claiming under or through him or her, establish or pennit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." In contracts entered into by the Agency relating to the sale, transfer, or leasing of land or any interest therein acquired by the Agency, the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or pennit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument." (534) Low- and Moderate-Income Housing The Agency shall comply with all of the low- and moderate-income housing requirements of the Redevelopment Law which are applicable to this Plan, including applicable expenditure, replacement and inclusionary housing requirements, including but not limited to the following: No less than the percentage required by the Redevelopment Law (twenty percent, as of the date of adoption of this Plan) of all tax increment funds allocated to the Agency shall be used for the purposes of increasing, 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 ROSENOW SPEVACEK GROUP, INC. PAGE 20 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT in a separate Low and Moderate-Income Housing Fund until used. The moneys in the Low and Moderate-Income Housing Fund shall be used to increase, improve, and preserve the supply of low- and moderate-income housing. Whenever dwelling units housing persons and families of low or moderate-income are destroyed or removed from the low- and moderate- income housing market as part of a redevelopment project, the Agency, within the time required by the Redevelopment Law (four years, as of the date of adoption of this Plan) of such destruction or removal, shall rehabilitate, develop, or construct, or cause to be rehabilrrated, developed, or constructed, for rental or sale to pe~ons and families of low or moderate-income an equal number of replacement dwelling units at affordable housing costs wrrhin 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 ordinance, and all other state and local building codes, guidelines, or specific plans, as they exist or as of the date of adoption of this Plan are hereafter amended. For infonnational purposes, a diagram of pennitted uses as ofthe date of adoption ofthis Plan is presented on Exhibit D. (602) Public Uses 1. (603) Public Street Lavout. Riohts-of-Wav and Easements The public street system and street layout for the Project Area is illustrated on the Map identified as 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 exist as of the date of adoption of this Plan 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. ROSENOW SPEVACEK GROUP, INC. PAGE 21 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT 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 cuitural facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform 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 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 owner- participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses. Such interim use, however, shall conform to General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they exist as of the date of adoption of this Plan or are hereafter amended. (607) 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 ROSENOW SPEVACEK GROUP, INC. PAGE 22 AMENDED AND RESTATED REDEVELOPMENT PLAN BA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT provIsions of this Plan and the regulations and requirements of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. The land use controls of this Plan shall apply to the applicable constituent project area until the "Date of Plan Termination" set forth in Table A in Section 1001 of this Plan. The type, size, height, number and use of buildings within the Project Area shall be as set forth in the City's General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans, as they exist as of the date of adoption of this Plan or are hereafter amended. 1. (608) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to the City land use regulations and requirements in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct improvement activities in the Project Area. 2. (609) Rehabilitation Any existing structure within the Project Area which the Agency ente~ into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in accordance with the applicable law. 3. (610) Number of DwellinQ Units The General Plan, in effect as of the date of adoption of this Plan and as may hereafter be amended, shall regulate the total number of dwelling units in the Project Area. As of the date of adoption of this Plan, there are approximately nine hundred and fifty (950) dwelling units in the Project Area. 4. (611) Open Space and Landscapinq 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 exist as of the date of adoption of this Plan or are hereafter amended, and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. ROSENOW SPEVACEK GROUP, INC. PAGE 23 AMENDED AND RESTATED REDEVELOPMENT PLAN SA YFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT 5. (612) Limitations on Tvpe, 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 exist as of the date of this Plan 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. 9. (616) Variations The Agency is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. ROSENOW SPEVACEK GROUP, INC. PAGE 24 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT d. Permitting 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 permitting 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. 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 alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by the Agency, and any applicable participation or other agreements. ROSENOW SPEVACEK GROUP, iNC. PAGE 25 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT SECTION VII (700) METHODS FOR FINANCING THE PROJECT (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan in accordance with the Redevelopment Law and other applicable law, including but not lim~ed to from 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 temns established by an agreement between the Agency, City and/or other public agency providing such assistance. Any such agreements in place as of the date of adoption of this Plan are hereby ratified by the Agency. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. (702) Tax Increment Revenue For the purposes of the collection of property tax revenue pursuant to this Plan, the temn effective date of the ordinance as used in this Section 702 shall mean and refer to: · Original Bayfront Consmuent Area established by Ordinance No. 1541: August 15,1974. . Town Centre I Constituent Area established by Ordinance No. 1691: August 15, 1976. . Amended Baytront Constituent Area established by Ordinance No. 2734: August 6, 1998. ROSENOW SPEVACEK GROUP, INC. PAGE 26 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOVVNCENTRE I REDEVELOPMENT PROJECT 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, 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. ROSENOVV SPEVACEK GROUP, INC. PAGE 27 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOVVNCENTREIREDEVELOPMENTPROJECT 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. (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 may seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. ROSENOW SPEVACEK GROUP, INC. PAGE 28 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT SECTION VIII (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be bome by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly-owned parcels and utilities in the Project Area. 3. Perfonmance 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 penmit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever necessary and applicable, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pu~uant to this Plan, including the provision of City staff assistance. 8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of statutory development agreements to penmit the land uses and facilitate the development authorized by this Plan. ROSENOW SPEVACEK GROUP, INC. PAGE 29 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT SECTION IX (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be perfomned 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 perfomnance, damages, re-entry onto property, power of temnination, 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 owne~. 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: BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT REDEVELOPMENT PLAN LIMITS TABLE A Termination Date 01 Cumulative Final Date 01 Receipt 01 Tax Increment Date to Plan Tax Increment Constituent Plan Revenue Limit 1/ Incur Debt 21 Termination Revenue Baylront (Original) $84,000,000 11112004 711612014 7/1612024 Baylront (Amended) included above 11112004 7f712028 71712043 Town Centre I $210,000,000 11112004 71612016 7/612026 1/ No tax increment revenue limit required for amendments to project areas after 1/1/94. 2fThe deadline to incur debt with respect to the Baylront (Original) and Town Centre I Constituent Areas may be eliminated by adoption of a "58211 Ordinance" pursuant to Section 33333.6(e)(2). (1002) Amount of Bonded Indebtedness Outstanding At Any One Time The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time, shall not exceed $70 million. ROSENOW SPEVACEK GROUP, INC. PAGE 30 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT (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 not extended beyond the time limit to repay indebtedness required by this section. The time limits established in this Section 1003 may be eliminated or extended in the manner provided by applicable law. (1004) Duration of This Plan Except for the nondiscrimination and nonsegregation provisions of this Plan, and recorded covenants implementing the same, which shall remain in effect in perpetuity, and except as otherwise expressly provided herein, the provisions of this Plan as to each Const~uent Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective until the applicable Plan termination dates for each Constituent Plan as shown on Table A. After the expiration of the applicable Const~uent Plan, the Agency shall have no authority to act pursuant to that Constituent Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33333.8 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under Section 33333.8, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. (1005) Time Frame to Collect Tax Increment Revenue Except as otherwise provided herein or by Redevelopment Law, the time lim~ation for the receipt of tax increment pursuant to Section 33670, and the payment of indebtedness with such tax increment, for ROSENOW SPEVACEK GROUP, INC. PAGE 31 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT each Constituent Plan shall be the date set forth under 'Termination Date of Receipt of Tax Increment Revenue" as shown on Table A. SECTION XI (1100) PROCEDURE OF AMENDMENT This Plan may be amended pu~uant to the provisions of the Redevelopment Law or in accordance with other lawful procedures as may hereafter be established by law. ROSENOW SPEVACEK GROUP, INC. PAGE 32 Amended and Restated BayfronVTown Centre I Redevelopment Project Plan Exhibit A - Project Area Map ROSENOW SPEVACEK GROUP, INC. PAGE 33 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT ~ .- ~.,'~\ \ .~, ....-,- \ "..L~\:'- .,~".,. , , ~~, /_\_ .-1\- " '''~. -,,,..., "", , .,-,' , ".-- I ".-' . ~~ , \ I / " City Limits D eayfront Project Area f.. I Town Centre I Project Area Chula Vista BAYFRONT/TOWNCENTEF: I REDEVELOPMENT PROJECT ROSENOW SPEVACEK GROUP, INC. PAGE 34 Atncnded and Restated Redevelopnu:nt Plan BayfronVTown Centre I Redevelopment Project Exhibit B - Legal Description ROSENOW SPEVACEK GROUP, INC. PAGE 35 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT [INSERT LEGAL DESCRIPTION] ROSENOW SPEVACEK GROUP, INC. PAGE 36 AJ.11C.nded and Restated BayfronVTown Centre I Redevelopment Project Plan Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects Public Infrasb'Ucture 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 projecls'shall include, but are not limited to roadways, landscape, street lights, pedestrian walkways, bridges, interchanges, roadways, curbs, gutte~, 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 limijed 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 limijed 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 limijed to the following: 1) StreetlEntrvwav Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54, E Street and Interstate 5, Third Avenue, and H Street. Community Facilities The proposed community facilities improvement projects shall include, but not limited to parks, open spaces, schools, school facilities, fire and police facilities, communication systems, libraries, fire protection, cultural centers, community centers, city maintenance facilities, plazas, recreational facilities, playgrounds, and civic center. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. ROSENOW SPEVACEK GROUP, INC. PAGE 37 Amended and Restated Redevelopment Plan BayfronVTown Centre I Redevelopment Project Exhibit D - Diagram of Current Permitted Land Uses The following map presents the current General Plan land use designations for the Project Area. As these designations are subject to change, please refer to the General Plan for more information. ROSENOW SPEVACEK GROUP, INC. PAGE 38 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTfTOWN CENTRE I REDEVELOPMENT PROJECT ,,--~ .t' \ I "\ . .-,-""", ,---- -- l ,('. --," , .; \ " \~ \ , , \...,. '~ \. \-........ ' , THIRD' ,\ \ ~. "- ....,---~'-:-7 '\ '"\ .:\... ..'--....... ,I' " , . . 'l ~-~ Q ~ ; \.. '"" '"" 2-. ~ -"& ';\: ::>- \ \ \ I I I .~ ~~ -- - -- - '-'0""'0 0'1--" i. I I 1'i'\..0~"" f , ,. J ... \ \ <:" .- , - ~';I 'bl ~I , "" '" '" 'I I / " City Limih; D Projoct Aroas Gen.ral Plan Land Use Designation Map Chula Vista BAYFRONTI TOWN CENTER I REDEVELOPMENT PROJECT ROSENOW SPEVACEK GROUP, INC. PAGE 39 RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING ITS REPORT AND RECOMMENDATION ON THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AS AMENDED BY THE 2003 AMENDMENT WHEREAS, on August IS. 1978. the City Council of the City of Chula Vista ("City COilllcil") 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 ValJey 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, Healtll and Safety Code Section 33000 et seq. ("Law"); and WHEREAS. the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the Merged Chula Vista Redevelopment Plan to consolidate tlle 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 ("2003 Amendment"); and WHEREAS, Section 33346 of the Law provides that before the proposed Plan is submitted to the City Council for consideration, it shall be first submitted to the Planning Commission for its report and recommendation concerning the Plan and its conformity to the City's General Plan; and, WHEREAS, Section 65402 of the Government Code provides in part: (a) "If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park, or other public purposes, and no real property shalJ be disposed of, no street shall be vacated or abandoned, and no public building shall be constructed or authorized, if the adopted general plan or part thereof applies thereto. until the location, purpose and extent of such acqUlsllIon or disposition, such streel vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to confonnity with said adopted general plan or part thereof... (b) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to confonnity with said adopted general plan or part thereof... "; and. WHEREAS, the Planning Commission has received and reviewed the Plan in the fonn attached hereto as Exhibit "A"; and, WHEREAS, the boundaries of the Merged Chula Vista Redevelopment Project Area ("Project Area") incorporate territories within the jurisdiction of the City of Chula Vista General Plan; and, WHEREAS, the Plan proposes land use controls, pennitted uses, public uses, interim uses, and general land use controls and limitations, in a mmmer consistent with applicable City General Plan policies as follows: 1. Section 518 of the Plan provides that public improvements to be undertaken by the Agency are identified in the General Plan and capital improvement programs, and incorporates said documents by reference; and, 2. Section 528 of the Plan provides that all development, whether public or private, must confonn to this Plan and all applicable federal, State, and local laws. including without limitation the General Plan, zoning ordinance. and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 3. Section 529 of the Plan provides that all real property sold, leased or conveyed by the Agency. as well as property subject to Owner Participation Agreements between the Agency and property owners, shall be made subject to the provisions of the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 4. Section 601 of the Plan provides that the land uses pennitted by this Plan shall be those pennitted by the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 5. Section 603 of the Plan provides that the street system in the Project Area shall be developed in accordance with the General Plan, zoning ordinance, and all other state and local building codes. guidelines, or specific plans as they now exist or are hereafter amended; and, 6. Section 606 of the Plan provides that any interim uses shall conform to the General Plan. zoning ordinance. and all other state and local building codes, guidelines or specific plans as they now exist or are hereafter amended; and. 7. Section 607 of the Plan provides that no real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and the regulations and requirements of the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 8. Section 608 of the Plan also provides that the type. size, height, number, and use of buildings in the Project Area will be controlled by the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 9. Section 610 of the Plan provides that the number of dwelling units in the Project Area shall be regulated by the General Plan as it now exists or is hereafter amended; and, 10. Section 611 of the Plan provides that the amount of open space in the Project Area is to be the areas so designated by the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby: I. Reports, finds, and determines that the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project as amended by the 2003 Amendment conforms to the City of Chula Vista General Plan. 2. The Planning Commission hereby recommends that the City Council and Agency adopt the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project. 3. The Planning Commission hereby fmds and determines, pursuant to Section 65402 of the Government Code, that the location, purpose, and extent of any acquisition, disposition, vacation, abandonment, construction, or authorization for the purposes described in Section 65402 of the Government Code, or other public purposes, by the Agency for the purpose of carrying out the Redevelopment Plan conforms to the General Plan of the City. 4. The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any and all actions that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of the Plan, the Agency or City Council desire to make any minor, technical, or clariiYing changes to the Plan, the Planning Commission hereby finds and determines that any such minor, technical, or clarifYing changes need not be referred to it for further report and recommendation. 5. This Resolution shall constitute the report and recommendation of the Planning Commission on the Redevelopment Plan to the Agency and City Council pursuant to Section 33346 of the Law. PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this lOth day of September, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Steve Castaneda, Chair Diana Vargas, Secretary EXHIBIT "A" DRAFT 2003 AMENDMENT IN THE FORM OF AN AMENDED AND REST A TED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT Merged Chula Vista Redevelopment Project Amended and Restated Redevelopment Plan August 19,2003 - DRAFT RedevelopmentAgeOOj of the City of Chu)a Vista 276 Fourth Avenue Chula Vista, Califomia 91910 l~~1 Rosenow Spevacek Group, Inc. 217 N. Main Street, Suite 300 Santa Ana, Califomia 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@Webrsg.com 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 Business ...................................................................................... 12 (509) Implementing Rules ................................................................... 14 (510) Cooperation with Public 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 ~epairs .......................................................................... 17 (526) Property Disposition and Development .................................. 19 F:\CHULA\2003 PLAN AMENDMENTSlREDPl..AMREDEVElOPMENT PlAN2.DOC AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (534) Low- and Moderate-Income Housing....................................... 23 SECTION VI (600) USES PERMITTED IN THE PRO.JECT AREA .....................................................................23 (601) Maps and Uses Permitted ......................................................... 23 (602) Public Uses.................................................................................. 24 (605) Nonconforming Uses ................................................................. 24 (606) Interim Uses................................................................................. 25 (607) General Control and Limitations .............................................. 25 (617) Design for Development............................................................ 27 (618) Building Permits ......................................................................... 28 SECTION VII (700) METHODS FOR FINANCING THE PROJECT ...............................................................28 (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) (1002) Amount of Cumulative Tax Increment Revenue .................... 32 Amount of Bonded Indebtedness Outstanding At Any One Time .............................................................................................. 33 (1003) (1004) (1005) Time Frame to Incur Indebtedness .......................................... 33 Duration of This Plan.................................................................. 34 Time Frame to Collect Tax Increment Revenue ..................... 34 SECTION XI (1100) PROCEDURE OF AMENDMENT ................ 34 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Exhibit A - Project Area Map ................................................... 35 Exhibit B - Legal Description ................................................... 37 Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects ......................................... 39 Public Infrastructure Projects .................................................,.................... 39 Community Facilities...............,............................,........................................ 39 Exhibit D - Diagram of Current Permitted Land Uses ............ 40 Amended and Restated Redevelopll1ent Plan Merged Chula Vista Redevelopment Project SECTION J (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, California. 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 D). 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 2003 Amendment Constituent Area which consists of an area added to the Merged Chula Vista Redevelopment Project Area by Ordinance No. _ adopted on This Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, Califomia ("Agency") pursuant to the Califomia Community ROSENOW SPEVACEK GROUP, INC. PAGE 1 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Redevelopment Law (Heanh and Safety Code Section 33000, et sea.), the Callfomia Constitution and all applicable laws and ordinances. This Plan provides the Agency with powe~, 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 confomnity 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 Pian unless otherwise specified herein: A. "Agency" means the Redevelopment Agency of the City of Chula Vista, California. B. "Annuai Work Program" means that portion of the Agency's annual budget that sets forth programs and goals to be accompiished 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 Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. 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 pu~uant 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 pe~on 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. "Pe~n" means an individuai(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 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. 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 Consmuent 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 Califomia Community Redevelopment Law (Health and Safety Code, Sections 33000, et sea.) 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 bouMaries 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 a=rdance 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. 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 owne~, business pe=ns, public agencies and community organizations in the revitalization of the Project Area. . Provide needed improvements to the community's recreational, cultural, and other community facili~es 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 concern for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. . Create physical buffe~ which ameliorate the adve~e 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. 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 mnigate 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 industriai 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 iocal 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 principais 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 impiemented 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. ROSENOW SPEVACEK GROUP, INC. PAGE 6 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Original and Amended Southwest Constituent Areas . Create physical buffe~ which ameliorate the adve~e 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 dive~ity 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, inciuding the deveiopment of high-quality hoteis, 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 pe~ons, pubiic 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, residentiai 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 iand 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 undenutilized land available for development. ROSENOW SPEVACEK GROUP, INC. PAGE 7 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Alleviate certain 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 bome by private enterprise acting alone. . Achieve an environment refiecting 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 poilution 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. Original and Amended Town Centre II Constituent Area . Eliminate blighting influences, inciuding 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 patterns 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. 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) Genetal 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, utiiities, 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 Pian, after conducting appropriate public hearings and making appropriate findings. ROSENOW SPEVACEK GROUP, INC. PAGE 9 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 8. Site preparation and development and construction of necessary oft-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 permanent jobs. 12. The disposition of real property, pe~onal 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 federai 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 permitted by the Redevelopment Law and any other State iaw. (502) property Acquisition 1. (503) Acouisition of Real ProDertv 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 ROSENOW SPEVACEK GROUP, INC. PAGE 10 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT extended by amendment of this Plan. Eminent domain shaH not be used to acquire any property used for residentiai 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 Otay VaHey Road Constituent Area, no eminent domain acquisition shali be commenced after 2015, unless extended by amendment of this Pian. c. Within the Oriqinal and Amended Town Centre Hand 2003 Amendment Constituent Areas, no eminent domain acquisition shali be commenced after _ 2015, unless extended by amendment of this Plan. Eminent domain shaH 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 1he 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 shali 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, uniess: (1) such building requires structural alteration, improyement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pu~uant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. 2. (504) Acauisition of Personal Prooerty. Any Other Interest in Real Property, or Any Improvements in Real Properly 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 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 Participation This Plan provides for opportunities for participation in the redevelopment of property in the Project Area by the owne~ of all or part of such property if the owne~ 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 rehabiiitate or demolish all or a part of his/her existing buildings. The Agency may aiso acquire the buildings only and then remove or demolish the buildings. Participation methods also inciude 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 pe~ons 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, iand 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 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 its 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 invoives iand assembly and development of areas for public and/or private development in accordance with the Plan. 2. (507) Reentry Preferences for Pe~ons Enqaqed in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules goveming owner participation and re-entry. 3. (508) Owner Participation Aqreements 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. 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 pe~ons 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 impiemented 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 redeveiopment 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 ROSENOW SPEVACEK GROUP, INC. 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 1he 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 Redeveiopment 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 Proqram In accordance with the provisions of the California Relocation Assistance Law (Govemment Code Section 7260, et sea.) ("Relocation Assistance Acf), 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 ROSENOW SPEVACEK GROUP, INC. PAGE 15 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT relocation benefits and assistance to all "displaced" pe~ons (including families, business concems, and othe~) 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 confonnance 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) Demoiition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (518) Public Improvements To the greatest extent pennitted by law, the Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, 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; sewe~; stonn drains; traffic signals; electrical 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. 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 pu~uant 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 Buildinq Sites Any real property owned or acquired by the Agency may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for 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 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 owne~ 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 facto~ 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 rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and deveiopment of properties in accordance with 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 Reoairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. ROSENOW SPEVACEK GROUP, INC. 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 PropertY 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 pennitted by iaw, 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 fi~t 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. ROSENOW SPEVACEK GROUP, INC. PAGE 19 AMENDED AND RESTATED 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 pu~uant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicabie development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the 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 Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or 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, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redeveiopment is carried out pursuant to this Plan. . The Agency shall obligate lessees and purchase~ of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to 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, iease, 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 yea~, 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 saie, 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 ianguage shall appear. 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 he=lf, his or her hei~, executo~, administrato~ and assigns, and all pe~ons claiming under or through them, that there shall be no discrimination against or segregation of, any pe~n or group of pe~ons on account of race, coior, creed, reiigion, 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 ieases, the following language shall appear: ''The iessee herein covenants by and for himself or herseif, his or her heirs, executo~, administrators, and assigns, and all pe~ons 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 pe~n 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 pe~on 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 pe~ons on account of race, color, creed, religion, sex, maritai status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself ROSENOW SPEVACEK GROUP, INC. PAGE 22 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT or any pe~on claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument." (534) Low- and Moderate-Income Housing The Agency shall comply with all of the low- and moderate-income housing requirements of the Redevelopment law which are applicable to this Plan, including applicable expenditure, replacement and inclusionary housing requirements, including but not limited to the following: No less than 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 suppiy 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 iow- and moderate- income housing market as part of a redevelopment project, the Agency shall within four yea~ of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to pe~ons and families of iow 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 zoni ng 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, aitered, realigned, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Addiijonal 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 faciliijes, theatres and cultural facilrties, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform 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 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, aRerations, repai~ or other improvements in the Project Area for buiidings which do not confonn 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 pennit 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 Umitations All real property in the Project Area is hereby made subject to the controis 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 regulaijons and requirements of the General Pian 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 applicabie 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 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 Dwellinq 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 Landscapinq 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 pians 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 Tvpe. Size, Heiqht Number and Proposed Use of Buildinqs 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) Siqns 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 goais 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 possibie 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. ROSENOW SPEVACEK GROUP, INC. PAGE 26 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 9. (616) Variations The Agency is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicabie 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 controis. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Pian. No such variation shall be granted other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such 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. ROSENOW SPEVACEK GROUP, iNC. PAGE Z1 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT In the case of property, which is the subject of a Disposnion and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance wnh 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, conve~ion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. SECTION VII (700) METHODS FOR FINANCING THE PROJECT (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan wnh 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 obiigations, 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. 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 pu~uant 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, 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 ievied 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 pe=ns 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 poiitical 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 consmute an indebtedness within the meaning of any constitutionai or statutory debt limitation or restriction. 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 govemment, 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 a=rdance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to compietion without unnecessary delays. 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 deveiopment 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 pu~uant 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 owne~. 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: ROSEN'OW SPEVACEK GROUP, INC. PAGE 32 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Cumulative Final Date of Tennination Tax Increment Oateto Plan Date Constituent IVea Revenue Umit 21 Incur Debt 31 Termination of Revenue otav Valley $115,000,000 1/1/2004 12/2912023 12/2912033 Southwest (Original) $150,000.000 1/ 11/27/2010 11/27/2030 11/27/2040 Southwest (Amended) included above 719/2011 71912031 7/912041 TO'Nn Centre II (Original) 100,000,000 1/1/2004 8/15/2018 8/15/2028 Town Centre II (Amended) induded above 7/1912008 7119/2028 711912038 2003 Amendment Area NoUmit 11/2512023 11125/2023 11/2512048 11 Adjusted annually by consumers price index. 2J No tax increment revenue limit required for amendments to project areas after 1/1/9<t 31 The deadline to incur debt with respect to the Otay VaHey, Original Southwest, Amended South'..vest, Original Town Centre II, and Amended TOIMl Centre II Constituent Areas may be eliminated by adoption of a ~SB 211 Ordinance" pursuant to Section 33333.6(e)(2). (1002) Amount of Bonded Indebtedness Outstanding At Any One Time The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pu~uant 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 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. ROSENOW SPEVACEK GROUP, INC. PAGE 33 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (1004) Duration of This Plan Except for the nondiscrimination and nonsegregation provisions of this Plan, and recorded covenants implementing the same, which shall remain in effect in perpetuity, and except as otherwise expressly provided herein, the provisions of this Plan shall be effective, and the provisions of other documents formulated pu~uant 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 pu~uant 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) Time Frame to Collect Tax Increment Revenue Except as otherwise provided herein or by Redevelopment Law, the time limitation for the receipt of tax increment 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. ROSENOW SPEVACEK GROUP, INC. PAGE 34 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit A - Project Area Map ROSENOW SPEVACEK GROUP, INC. PAGE 35 ,', J; .~. "'" <~>_....., -J.</~;~;': -11 \ 1'41:':'" '~, ,', ~, "'''''<JV :,--\ 1.-.;'. ,;~ I"t;.", ...:..~ ;\;;:' ,~/)~~'.... '<', ' ""\ \;'>i: ( , "\\\'\. \\\\lr ~. " - )\~>X~$l:~s \;\: ,"-,,',\l-'\' '.~-"_/-"~,, ~t---::'c r' '(" ',';\ ~: ~"', , . ~ 'ft- 0 \,~' '~;> ' ~J.., ,/, v',,',,, " \C.,,__ " t' ,,~ (" '('W/r 4,' n ',I '" , 11', i1 J.1' '>' , ",i", ,Ii :fV,'~~7 '., ,:" , . ,..j./, , r" {JfjJt :~f, {j',;' .." 1. ~'/ ':, , ,F }lj0st'" ,<, ",( '/1._ ' "'.f , " ''''c ''''.:...;- f\\ '\ ii, I, "I'.. ~ I' :' '''',' \, ':,--} .. "\', "j , \ . ft .~:~\~..- .' ~ ';1 , ~"'''-"''- ,,~ - ~,.,:j, "',\;"-' I- U W o f I- ~ 0: o Ii! a; '-'II) '" ;!; m ;;; "':5 f u "'0 , UJ '" TI~ " I . < ., , H tJ ~ J ; ~ ~ ~ i , . 11 ! D. I " i ~ ~ i b 1 <0 ~ w E ~ ~ ~ cj ;;:; cL ::> o '" t9 " w ~ "- (f) ~ z w (f) o a: Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit B - Legal Description ROSENOW SPEVACEK GROUP, INC. PAGE 37 AMENDED AND RESTATED REDEVELOPMENT PlAN MERGED CHULA VISTA REDEVELOPMENT PROJECT [INSERT LEGAL DESCRIPTION] ROSENOW SPEVACEK GROUP, INC. PAGE 38 Amended and Restated RedeveIoplllent 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 paralleis, 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 environmentai review may be necessary for these proposals to come forward. Projects include, but are not limited to the following: 1) StreeVEntrvwav Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54. 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 cente~, city maintenance facilities, plazas, recreational facilities, playgrounds, and civic center. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. ROSENOW SPEVACEK GROUP, INC. PAGE 39 Amended and Restated Redevelopll\ent 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. ROSENOW SPEVACEK GROUP, INC. PAGE 40 AMENDED AND RESTATED REDEVELOPMENT PlAN MERGED CHULA VISTA REDEVELOPMENT PROJECT ----:'J I ~l_, .~~f_~~.~lmm_...___~~J~~~~..._.___~ue:~IP~~~~.~_::~j ~~~~~~~~~o~;:::~~ ""#- -- \ ,.r '\~:-. /' '.~ r'~~' .' ,--' -'J~ -"...- \. ~ - .......\ ~ -~ . .. "_t \ -....,;;'" """ 1_ , ROSENOW SPEVACEK GROUP, INC. PAGE 41