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HomeMy WebLinkAboutPlanning Comm Reports/1990/11/13 AGENDA City Planning Commission Chula Vista, California Tuesday, November 13, 1990 - 6:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE 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 five minutes. 1. Consideration of Final Environmental Impact Report EIR-90-08, Southwest Redevelopment Project Area 2. Report: Recommending Approval of the Southwest Redevelopment Plan, Certifying Plan Conformance with the General Plan, and transmitting the report to the Agency and Council 3. Consideration of CEQA Findings and Statement of Overriding Considerations - EIR-90-08 OTHER BUSINESS DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT p.m. to the Regular Business Meeting of November 14, 1990, at 7:00 p.m. in the Council Chambers City Planning Commission Agenda Item for Meeting of November 13, 1990 Page 1 1. Certif¥inq Final Environmental Impact Report EIR-90-08, Southwest Redevelopment Project, City of Chula Vista A. BACKGROUND This Final Environmental Impact Report was reviewed at a public hearing by the Planning Commission on November 12, 1990. B. RECOMMENDATION Certify that Final EIR-90-08 has been prepared in compliance with CEQA, the environmental review procedures of the City of Chula Vista and that the City Council has reviewed and considered the information in the FEIR. Even though there remains one unmitigable issue of significant impact, Air Quality, the City Council wishes to approve the project. A "Statement of Overriding Considerations" will be issued per Sections 15093 and 15126(b) of the State CEQA Guidelines. C. DISCUSSION The Southwest Redevelopment Project is the proposed redevelopment of a 1,040.6 acre area within the City of Chula Vista. This Environmental Impact Report (EIR) analyzes the potential environmental impacts related to a redevelopment project (including the formation of a Redevelopment Project Area, Redevelopment Plan, Owner Participation Agreement, and Relocation Plan) in the southwestern portion of the city of Chula Vista, known as the Southwest Redevelopment Project. The southwestern portion of the City of Chula Vista lies along the low, relatively level surfaces east of south San Diego Bay. The Redevelopment Project Area had included two northern parcels, as shown on FEIR Figure 5-7B, which was another 27.4 acres of land. This was excluded after the Final EIR was completed. (It is not necessary to review or comment on the FEIR in regard to these now excluded areas.) Redevelopment would upgrade the commercial, industrial, residential properties, and rights-of-ways within the designated 1,040.6 acres Project Area. It would provide funding for rehabilitation of existing buildings, upgrading general aesthetics of the area, and installation or renovation of streets, utilities, and other infrastructure. Figure 5-6A of the FEIR shows existing land uses, as well as properties' locations within the Redevelopment Project Area. Existing land use within the Project Area includes residential, commercial, industrial, public and quasi-public, truck crops, vacant land, and transportation corridors. Blighting conditions and land use incompatibility have been identified within the Project Area. City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 2 Discretionary actions associated with the proposed project include approval and adoption of the Proposed Redevelopment Plan by the Planning Commission, City Council and Redevelopment Agency. No specific development plans or land use changes are included as part of this project, and any specific development proposals would require additional environmental review. Total existing non-residential building square footage within the project area is approximately 5.7 million square feet. Under the guidelines of the General Plan, the proposed project would create the potential for an additional 3.43 million square feet of non-residential floor space within the project area. Also, 183 dwelling units will be removed from the area. All development within the Project Area would occur according to the City's General Plan. The Redevelopment Project Area is located along sections of Broadway, "L" Street, Palomar Street, Bay Boulevard, the railroad right-of-way, Main Street, and Third Avenue. D. IMPACT ANALYSIS During the preparation of this Final EIR for the Southwest Redevelopment Project, the CEQA review process revealed issues of concern to the City and others as well as the potential environmental impacts of the project. Based on analyses of all issues of potential impact, as discussed in this EIR, the City concludes that the project would cause significant unmitigable impacts to air quality. In addition, there are significant, but mitigable impacts to noise, land use, transportation, schools and recreation. Implementation of mitigation measures listed in this EIR can reduce these impacts to levels of less than significant, with the exception of air quality impacts. 1. Air Quality Project vehicular and stationary emissions will increase air pollutants in the area. This is the only significant, unmitigable environmental impact created by the Project. The City shall require mitigation such as dust control measures throughout the grading and construction process; the scheduling of construction activities to avoid high ozone days; and the provision of alternative modes of transportation. Air quality impacts have been deemed significant, even with implementation of these mitigation measures, thereby requiring the City to issue a "Statement of Overriding Considerations" under Section 15093 and 15126(b) of the State CEQA Guidelines if the agency wishes to approve the project. City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 3 2. Land Use/General Plan/Zoning The Redevelopment Project would encourage the development of the area at a more rapid pace than would occur without a redevelopment plan. The Project would result in the development of some previously vacant lands and changes in land uses in conformance with the General Plan. As redevelopment occurs, residential or business access may be impacted by increased noise, traffic, and dust from construction activities. The number of dwelling units and commercial uses in the area may decrease from the replacement of legal, non-conforming residential uses with industrial uses. Non-residential development may be increased by approximately 3.4 million square feet. Open Space may increase up to 15% in the Project Area with the provision of park land and landscaping. Development and redevelopment within the project area would allow implementation of the goals, policies, and standards of the General Plan, the Montgomery Specific Plan, and Chula Vista Zoning Ordinance. Improvement projects described in this EIR would be completed to the extent that they are financially feasible. All land uses would be consistent with the General Plan. All project-related and cumulative land use impacts can be mitigated to a level of less than significant. 3. Transportation and Circulation The Redevelopment Project would create increased traffic volumes within the Project Area. Several roadway sections in the project area would carry traffic volumes that exceed the planning levels shown for their classification in the Circulation Element of the General Plan. Further study of all the signalized intersections along these sections indicated that all would operate at Level of Service C or better except one, Otay Valley Road and Melrose Avenue. The Agency or City shall implement the circulation improvements contained in this EIR (Table 3-1) to the extent financially feasible. The city shall monitor the traffic conditions at the Otay Valley Road and Melrose Avenue intersection. Before traffic levels approach LOS D for more than two hours a day, the city shall implement improvements to Otay Valley Road. Restriping Otay Valley Road would reduce the Level of Service to C or better, resulting in total mitigation. In addition, improvements to the circulation system described in the City's Circulation Element shall be completed through public and private mitigation measures. The Naples Street and Hilltop Drive intersection outside the study area was analyzed. This intersection is actually located more than one-half mile from the nearest redevelopment parcel. It is projected to operate at LOS F. Though it is shown as capacity deficient, the deficiency is not generated City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 4 by the redevelopment project because this project does not intensify land uses which would increase background traffic at remote sites. Therefore, no mitigation is required by the project for this intersection. When other project mitigation is implemented, transportation/circulation impacts identified for the project area would be mitigated to a level of less than significant. 3. Noise Redevelopment may generate greater traffic volumes and non-stationary noise sources and increase noise sources associated with the urban environment. Short-term noise would result from construction activities, although this would be limited in duration. The Redevelopment Plan shall conform to the goals, objectives, and policies contained in the General Plan. For instance, acoustical studies shall be required by the City for individual projects; construction shall occur between the hours of 7 a.m. and 7 p.m. and be screened from adjacent properties, and truck traffic shall be rerouted in noise sensitive areas. New residences shall be buffered or set back from the 65 CNEL noise contour, and have sound insulation. Upon implementation of these mitigation measures, project impacts can be mitigated to a level of less than significant. 4. Schools Employment-related population increases to the area would increase enrollment in schools currently over capacity. Tax collection agreements shall be reached between the Redevelopment Agency and impacted school districts to allow districts to acquire needed funds, therefore, reducing impacts to a level of less than significant. 5. Parks/Recreation Insufficient park land presently exists to serve the Redevelopment Project Area. Inclusion of Lauderbach Park and the park at Fourth and Orange Avenue in the funding allocation would provide for their development and maintenance. Implementation of park development impact fees for all new development within the project area would provide for additional park development, therefore, mitigating the parks/recreation impact to less than significant. 6. landform Alteration More people would be exposed to groundshaking resulting from earthquakes. Potentially unstable soils exist within the project area that may cause problematic development. The city shall adhere to the goals, objectives, and policies of the General Plan applicable to landform alteration during grading and development. City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 5 Specific soils and geotechnical reports shall be required by the City for individual projects. With the implementation of these mitigation measures, impacts would be reduced to a level of less than significant. 7. Water Resources Runoff would be increased in volume and velocity by urbanization of the surface. Water quality would be decreased as urban pollutants are contributed to watercourses. Drainage improvements listed in the Redevelopment Projects List shall be implemented. The City shall adhere to goals, objectives, and policies in the General Plan that pertain to water resources. Grading shall occur during dry months. Slopes shall be revegetated as soon as possible during development. With implementation of these mitigation measures, impacts to water resources would be less than significant. 8. Bioloqical Resources Redevelopment would impact riparian woodland in the Sweetwater and Otay Rivers and downstream wetland habitats. Existing riparian woodland in undisturbed open space shall be retained and preserved. Projects near or adjacent to woodland areas shall be assessed on a project-by-project basis to ensure that no significant impacts would occur. Particular attention shall be paid to the alteration of topography that substantially alters drainage patterns of surface water flowing into habitat areas. If wetland habitat is lost because of development, significant compensation would be required. The replacement habitat must be functional before implementation of the project. With implementation of such mitigation, the potential impacts would be reduced to a level of less than significant. 9. Liqht and Glare Landcover change would result in increased light emittance and reflection which would reduce the dark sky needed for astronomical observations at local observatories. The City shall adopt a low pressure sodium street light policy and standards for street lights within the Project Area. Design Review shall include restrictions in light plans which would serve to reduce emittance to adjoining areas. Though impacts may be considered adverse, with implementation of these mitigation measures, they are reduced to a level of less than significant. 10. Natural Resources Redevelopment would result in increased use and depletion of natural resources for construction and energy. Though this environmental impact is considered adverse, it is considered to be less than significant. The City shall adhere to the goals, objectives, and City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 6 policies of the General Plan pertaining to preservation of natural resources. Soils shall be stockpiled and reused wherever possible for purposes of revegetation. 11. Risk of Upset The proposed project would encourage the establishment of more industrial uses within the project area, which would increase use, storage, and disposal of hazardous materials. Redevelopment would entail street improvements which may disrupt traffic flow and emergency evacuation routes. Though these impacts are considered adverse, they are less than significant. However, the city shall require phasing of new industrial uses within the project area. The City shall actively implement their code enforcement program on industrial businesses located in the project area. Implementation of these mitigation measures would reduce risk of upset impacts to a level of less than significant. 12. Utilities Redevelopment would cause demand for industrial uses of water, sewer service, and solid waste disposal to increase substantially. This impact is considered adverse, but less than significant. Future development shall be in compliance with the City's Thresholds/Standards Policy to reduce impacts to water service. Development shall adhere to State laws pertaining to appliance efficiency standards. Water conservation measures shall be implemented wherever possible. The City shall participate in METRO sewer system expansion, implement a water reclamation program, and adhere to policies within the General Plan pertaining to wastewater service. Businesses and residences shall be encouraged to utilize the recycling program provided by local disposal services. New residential developments shall be equipped with trash compactors. All these measures would further reduce any impacts considered to be potentially significant. 13. Archaeoloqical/Historical Resources Redevelopment may expose undiscovered resources to destruction during construction, and rehabilitation of existing buildings may affect historic structures. Though these impacts are considered less than significant, the adverse impacts can be further reduced with the implementation of the following measures. Site-specific resource surveys shall be conducted to identify cultural resources. Projects identified on the Redevelopment Projects List shall be implemented where they pertain to preservation of historic structures. Goals, objectives, and policies of the Conservation and Open Space Element in the General Plan shall be adhered to during redevelopment. City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 7 14. Libraries The redevelopment project involves construction of new and expanded libraries serving the area. Construction of the project could create short-term impacts including noise, dust and traffic congestion. Though these impacts are considered to be less than significant, any significance would be further reduced if the library at Fourth and Orange is approved and constructed as planned, and other facilities are constructed in accordance with the projects listed in the EIR Table 3-1. The following issues were analyzed and considered to have impacts of less than significant: population, housing, public services (except schools and libraries), energy, human health and aesthetics. No mitigation measures are required for these project impacts. WPC 4618H City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 1 2. RECOMMENDING APPROVAL OF THE SOUTHWEST R£DEVELOPMENT PLAN, CERTIFYING PLAN CONFORMANCE WITH THE GENERAL PLAN, AND TRANSMITTING THE REPORT TO THE AGENCY AND COUNCIL A. BACKGROUND At the direction of the Redevelopment Agency, plans for undertaking redevelopment activities in the Montgomery area were begun in September 1989. The adoption process for a new redevelopment project is now nearing completion, with the goal of final adoption by the end of this month. Final adoption by the end of November will result in tax increment revenues being available to the Agency in December of 1991. California Redevelopment Law calls for the redevelopment plan for a project area to be considered by the Planning Commission. This plan has been reviewed by the Southwest Project Area Committee and is attached for your consideration and recommendation to the Redevelopment Agency and City Council. This item also includes certification by the Commission that the Redevelopment Plan conforms to the General Plan. The Redevelopment Plan does not change any land uses and calls for the General Plan and Montgomery Specific Plan to govern land use in the Project Area. B. RECOMMENDATION It is recommended that the Commission approve the attached resolution, recommending approval of the Redevelopment Plan and certifying its conformance to the City's General Plan. C. DISCUSSION Pursuant to Section 33345 of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et. seq.), the Redevelopment Agency (the "Agency") is required to submit the Redevelopment (the "Plan") to the Planning Commission. The Planning Commission shall make recommendations concerning the Redevelopment Plan and its conformance to the General Plan of the City of Chula Vista (the "General Plan"). The contents of the Plan are specifically outlined by the California Community Redevelopment Law. The Plan is purposely general in nature (due to its 40 year duration) and provides the basic framework to guide the Agency in implementing the proposed redevelopment program. The Plan does not propose any changes to the land uses or street system as shown in the General Plan. Throughout Section 600 of the Plan (Uses Permitted in the Project Area), it is stated that land uses and development standards shall be those presented in the General Plan, and zoning and building codes as they now exist or are hereinafter amended. The Plan provides a new vehicle (tax increment financing) to remove blight and City Planning Commission Agenda Items for Meeting of November 13, 1990 Page 2 fund public facility/infrastructure projects. Section 517 of the Plan outlines general public improvements and Exhibit C outlines specific projects the Agency may implement. At this time specific development plans have not been prepared. Actual construction will require further review and approvals. In addition to findings of General Plan conformance, the Commission may make a recommendation for or against the proposed Plan. A joint public hearing is scheduled for Tuesday, November 13, ~990, at which time the Council and Agency will consider the Final EIR and adoption of the proposed Plan. All reports and comments by the Planning Commission will be considered at this joint public hearing prior to adoption of the Plan. WPC 4603H RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING APPROVAL OF THE REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT, MAKING A REPORT AND RECOMMENDATION AS TO ITS CONFORMITY WITH THE GENERAL PLAN, AND TRANSMITTING THE REPORT TO THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RESOLVES AS FOLLOWS: WHEREAS, the Planning Commission held a meeting November 13, 1990 to consider the Redevelopment Plan for the Southwest Redevelopment Project (the "Redevelopment Plan"), to make a report and recommendation as to its conformity with the General Plan of the City of Chula Vista (the "General Plan"), and to transmit the report to the Redevelopment Agency (the "Agency") and to the City Council and; WHEREAS, proceedings have been initiated for the adoption of the Redevelopment Plan and; WHEREAS, pursuant to Section 33346 of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et. seq.) the Agency has submitted the Redevelopment Plan to the Planning Commission for its report and recommendations concerning the Redevelopment Plan and its conformity to the General Plan; WHEREAS, the Planning Commission has reviewed the Redevelopment Plan; and WHEREAS, the following findings of fact have been made in regard to the Redevelopment Plan and its conformity with the General Plan: 1. The Planning Commission hereby finds and determines that the Redevelopment Plan is in conformity with the General Plan. 2. The Planning Commission hereby finds and determines that the location, purpose and extent of any acquisition or disposition of real property for street, park, public space, or other public purpose by the Agency for the purposes of carrying out the Redevelopment Plan conforms to the General Plan. 3. The Planning Commission hereby recommends the approval of the Redevelopment Plan. 4. This Resolution shall constitute the report and recommendation of the Planning Commission to the Agency and City Council pursuant to Section 33346 of the California Community Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The Community Development Director will submit the Redevelopment Plan and the Planning Commission's report and recommendations to the Agency and the City Council. SECTION 3. The Secretary shall certify to the adoption of this resolution and transmit a copy to the Agency and the City Council PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 13th day of November, 1990, by the following vote, to-wit: AYES: Commissioners Carson, Tugenberg, Casillas, Cartmill, Decker, and Horton NOES: None ABSENT: None ABSTENTIONS: Commissioner Fuller Shirley Grasser Horton, Chairperson ATTEST: Nancy Ripley, Secretary WPC 4604H -2- PROPOSED REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA November, 1990 · Prepared For: Chula Vtsta Redevelopment Agency 276 Fourth Avenue Chula Vista, California 92010 619/691-5141 TABLE OF CONTENTS SECTION 1. (100) INTRODUCTION ............................................................................ 1 SECTION II. (200) GENERAL DEFINITIONS ............................................................ 1 SECTION IIL (300) PROJECT AREA BOUNDARIES ................................................. 2 SECTION IV. (400) REDEVELOPMENT PLAN GOALS .................... ~'. ...................... 2 SECTION V. (500) REDEVELOPMENT ACTIONS .................................................... 4 A. General ................................................................................................................ 4 B. Property Acquisition .......................................................................................... 5 C. Participation by Owners and Tenants ............................................................. 6 D. Cooperation with Public Bodies ...................................................................... 6 E. Property Management ....................................................................................... 7 F. Payments to Taxing Agencies to Alleviate Financial Burden ................................................................................................ 7 G. Relocation of Persons Displaced by a Redevelopment Project ......... : ........................................................................... 7 H. Demolition, Clearance, Pubhc Improvements and Site Preparation ....... .................................................................................... 8 I. Rehabilitation and Mowngof Structures by the Agency ............................. 9 J. Property Disposition and Development ....................................................... 10 K. Provision for Low and Moderatelncome Housing .................................... 12 SECTION VL (600) USES PERMITI'ED IN THE PROJECT AREA ....................... 15 A. Map and Uses Permitted ................................................................................ 15 B. Ma.j.o.r Land Uses .............................................................................................. 15 C. Pubhc Uses ........................................................................................................ 16 D. Conforming Properties .................................................................................... 17 E. Nonconforming Uses ....................................................................................... 17 F. Interim Uses ...................................................................................................... 17 G. General Controls and Limitations ................................................................. 17 H. Design for Development ................................................................................. 20 I. Building Permits ............................................................................................... 20 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ...................... 20 A. ~Gen.eral Descril~tion of the Proposed Financing Methods ........................ 20 B. lax Increment Revenue .................................................................................. 21 C. Agency Bonds ................................................................................................... 22 D. Other Loans and Grants ................................................................................. 23 E. Rehabilitation Loans, Grants and Rebates ................................................. 23 SECTION VIII. (800) ACTIONS BY THE CITY .............................................................. 23 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ........................... 24 SECTION X. (1000) DURATION OF THIS REDEVELOPMENT PLAN ................ 24 SECTION Xl (Il00) PROCEDURE FOR AMENDMENT .......................................... 24 EXHIBITS EXHIBITS A-1 and A-2 PROJECT AREA MAPS EXHIBIT B LEGAL DESCRIPTION EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS PROPOSED REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA SECTION 1. (100) INTRODUCTION This is the Redevelopment Plan for the Southwest Redevelopment Project Area (the "Project Area") locatedin the City 0.f Chula Vista, County of San Diego, State of California. This Plan consists of the text (Sections 100 through 1100), the Redevelopment Plan Map (Exhibit A), thc legal description of the Project .Area Boun. d.aries (Exhibit B) and a listing of the proposed public agency redevelopment projects (Exhibit C). This Redevelopment Plan has been prep. ared by the Chula Vista Redevelopment Agency (the "Agency") pursuant to the Commumty Redevelopment Law of the Stat. e of California (Health and Safety Code Section 33000, et. seq.), the California Co. nstitution and all applicable laws andordinances. It provides the Agency with powers, dutms and obligations to implement and further the program generally formulated for the redevelopment, rehabilitation and revitalization ot the Project Area. This Plan does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area. Instead, it establishes a process and framework for implementation. This Redevelopment Pla.n is based upon the Preliminary Plan formulated and adopted by the Chula Vista Planning Commission on May 23, 1990 and by the Chula Vista Redevelopment Agency on June 14, 1990. SECTION Il. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Redevelopment Plan unless otherwise specified herein: A. "Agency" means the Chula Vista Redevelopment Agency. B. "Agency Board" means the governing body of the Chula Vista Redevelopment Agency. C. "City" means the City of Chula Vista, California D. "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. E. "County" means the County of San Diego, California. F. "Disposition and Development Agreement" means a contractual agreement between a developer and the Agency that sets forth terms and conditions for redevelopment. G. "Map" means the Redevelopment Plan Map, attached hereto as Exhibit A. H. "Method of Relocation" means the methods or plans adopted by the Agency pursuan, t. to Section 33352(d) of the Redevelopment Law for the relocation of fanuhes, persons and businesses to be temporarily or permanently displaced by actions of the Agency. I. "Owner Participation Agreement" means a contractual agreement between the Agency and a property owner or tenant which sets forth terms and conditions for redevelopment. J. "Person" means an individual(s), or any public or private entities. K. "Project Area" means the territory this Redevelopment Plan applies to as shown on Exhibit A. L. "Redevelopment Law" mea.ns the. Cal!fornia Community Redevelopment Law of the State of California (Cahforma Health and Safety Code, Sections 33000 et seq.) as it now exists or is hereafter amended. M. "Redevelopment Plan" means the Redevelopment Plan for the Southwest Redevelopment Project Area. N. "State" means the State of California. SECTION IlL (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exh. ibits A-1 and A-2. 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 Implementation of this Plan is intended to achieve the following goals: o Creation of physical buffers which ameliorate the adverse effects of changing land uses along interfaces. o Discouragement of"spot zoning" and piecemeal planning practices. o Encouragemen, t of the establishment and maintenance of "balanced neighborhoods' and subareas, characterized by a planned diversity in building sites, density, housing and land use. o Provision of adequate roadways to correct street alignment problems, to eliminate road hazards and to provide adequate access to freeways. o Elimination and prevention of 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. o Promotion of planned light industrial development within the Main Street Corridor. 11/5/90 o Encouragement of tourism, includi.ng the development of high-quality hotels, motels, restaurants, and meeting facilities. o Provision for the enhancement and renovation of businesses within the Project Area to promote their economic viability. o Encouragement of cooperation and participation of residents, business persons, public agencies and community organizations in the revitalization of the Project Area. o Stimulation of investment of the private sector in the full development of the Project Area. o Provision of needed improvements to the community's educational, cultural, residential and other community facilities to better serve the Project Area. o Promotion of public improvement facilities which are sensitive to the unique environmental qualities of the Project Area. o Establishment of a program which promotes the rehabilitation of the existing housing stock where appropriate. o Remo.val of impediments to land assembly and development through acquisition and reparcelization of land into reasonably sized and shaped parcels served by an improved street system and improved public facilities. o Expansion of the resource of developable land by making underutilized land available for development. o Alleviation of certain environmental deficiencies including substandard vehicular and pedestrian circulation systems, insufficient off-street parking and other similar public improvements. o Improvement of local drainalge conditions that constrain the development of various parcels in the Project Area, the cost of which cannot be borne by private enterprise acting alone. o Achievement of an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of the Redevelopment Plan. o Provision of Iow 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. o Development of safeguards against noise and pollution to enhance the industrial/commercialcommunity. 11/5/90 SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the spread of blighting influences, and to strengthen the economic base of the Project Area and the community through: 1. The acquisition, installation, construction, reconstruction, redesign;, or reuse of streets, utilities., .curbs, gutters, side.walks, traffic control devices, flood control facilities and other public ~mprovements. 2. The rehabilitation, remodeling, demolition or removal of buildings, structures and improvements. 3. The reh.a, bilitation, development 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 occupants desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Redevelopment Plan. 7. The acquisition of real pro, pe.rty by purchase, gift, devise or a. ny other lawful means, or, where It Is deemed necessary, by exercising the power of eminent domai.n as permitted by Section 503 of this Plan and after conduct of appropriate public hearings. 8. The combining of parcels, r ' ' p opert~es, site preparation and construction of necessary off-site improvements. 9. Providing for open space. 10. Managing of any property acquired by the Agency. II. Assisting in providing financing for the construction of residential, commercial and industrial buildings to increase the residential and commercial base of the Project Area and the City of Chula Vista, and the number of temporary and permanent jobs in the Project Area. 12. The disposition of ~property including the leas. e or sale of land at the value determined oy the Agency for reuse m accordance with the Redevelopment Plan. 13. Providing for the retention of controls, and the establishment of restrictions or covenants running w!th the land, so that property will continue to be used in accordance w~th this Redevelopment Plan. 11/5/90 14. The closure or vacation of certain streets and the dedication of other areas for public purposes. 15. Providing replacement housing, if any is required. 16. Applying for, receiving and utilizing grants and loans from federal or state governments or any other source. 17. The negotiation of arrangements with taxing jurisdictions to. address any financial burdens or detriments caused tS such taxing enttties as a result of the adoption of the Redevelopment Plan. TAo accomplish these actions and to implem, ent t. his Redevelopment Plan, the gency is authorized to use all the po. wets provided m the Redevelopment Plan and allthe powers now or hereafter pernutted by the Redevelopment Law and any other State law. B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, ex.change, purc. hase, cooperative negot, iations, lease or any other means authorized by law including eminent domain. However, for the duration of the Redev. elopment Plan, the Agency shall not exercise the power, of eminent domain to acquire any res~.dential dwelling units, except with the consent of the owner, that are then being used for residential dPUrposes, within land use designations or zoning classification, areas es~gnated for such resi.d, ential purpose.s, under the adopted Specific and General Plans of the Ctty of Chula Wsta, or as these documents may hereafter be amended by the City of Chula Vista. ~'he Ag.ency shall not acquire real prope.rty on which an existing building is to e continued on its present site and m ~ts present form and use without the .consent of the owner, unless: (1) such building requires structural a teration, ~mprovement, ..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 !s necessary to impose upon such property any .of-the standard restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. Exc. ept as otherwise pr.o. vided herein, or otherwise provided by law, no eminent domain proceeding to acquire proper, ty within the Project Area shall be commenced after twelve (12). years following the date of adoption of the ordinance approving and adoptml$ this Plan. Such time limitation may be extended only by amendment of this Plan. 11/5/90 C. (504) Participation by Owners and Tenants 1. (505) Owner and Tenant Participation The Agency shall provide for the participation of owners in the Project pursuant to the Redevelopment Law, and shall promulgate rules for owner and tenant participation which may be amended from time to time. The Agency desires participation in redevelopment by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities and the realignment of streets. 2. (506) Participation Agreements Under a Participation Agreement, the participant shall agree to rehabilitate or use the property in conformance with the Plan and be subject to the provisions hereof. In the agreement, participants who retain real property shall be reguired, by the recordation of such documents, to make the provisions otthis Plan applicable to their properties as necessary. 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 an owner or tenant an opportunity to execute a participation agreement, the Agency shall not be reqmred to execute such an agreement with that owner or tenant. D. (507) 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 activities authorized by this Plan. The Agen~ shall seek the aid and cooperation of such public bodies and shall attempt to coordinate Plan implementation activities with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without consent of such public bodies. The Agency, however, shall seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public .body which owns or leases prope.rt¥ in the Project Area will be afforded aH the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agen.cy may impose on all .public bodies the planning and design controls contained m and authorized by this Plan to ensure that present uses andany future development by public bodies will conform to the reqm'rements of this Plan. The Agency .is authorize, d to financ!.a, ll~, (and otherwise) assist th.e public entity in .the. cost otpubhc land, buddings, facdmes, structures or other ~mprovements (w~th~n or 9utside the Project Area) where such land, buildings facilities, structures, or other ~mprovements are of benefit to the Project. E. (508) 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. As provided for in Secti.on 33401 of. the Redevelop. ment .I~. w., the Agency may pay an amount of money in lieu of taxes in any year during which It owns property mt. he Project Area. Such payment shall be made directly to the County or special district, including, but not limited to, a sc.hool district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt. F. (509) Payments to Taxing Agencies to Alleviate Financial Burden The Agency may pay t.o. any taxing agency with territory located within the Project Area, other than the C. lty, any amounts of money which the Agency has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project. The payments to a taxing asency in any single year shall not exceed the amount, of property tax revenues which would have been received by that taxing agency if allthe property tax.revenues from the Project .A~'. e.a had been alloc.ated t~ all the affected taxing agencies without regard to the division of taxes required by Section 33670 of the Redevelopment Law, except that a greater payment may be established by agreement between the. Agency and one or more taxing agencies, except a schoo! district, if the othe.r taxing agencies agree to defer payments of one or more years In order to accomplish the purposes of the Project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred: The payments shall, be approved by a resolution, adopted by the Agency, w..hlch shall contain findings, supported by substantial evidence, that the Project will cause or has caused a financialburden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. The requirement that the Agency ma.y make payments t.o a taxing entity only to alleviate a financial burden or detriment, as defined m Section 33012 of the Redevelopment Law, and only after approval by a resolution which contains specified findings, shall apply only to pay.ments .made by t.he Agency pursuant to an agreement between the Agency and a taxing entity which is executed by the Agency on or after the effective date of amendments to Section 33401 of the Redevelopment Law enacted by the Statutes of 1984. G. (510) Relocation of Persons Displaced by a Redevelopment Project 1. (511) Relocation Program In accordance with the provisions of the California Relocation Assistance Act (Government Code Secti.on 7260 et seq.), the gui.delines adopted a.nd promulgated by the Califo. rma D. epar'Tment of Housing and Commumty Development (the "Relocation Guidelines") and the Method of Relocation, Procedures and Guidelines. adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (inc. l.uding families, business c~on.cerns and others) displa, ced by Agency acquisition of property in the ~'roject Area. Such relocation assistance shallbe providedin the manner required by the .Method of R.elocation. In order to carry out .a reoevelopment project with a mimmum of hardship, the Agency will assist displacedhouseholds in finding decent, safe and sanitary housing within their 11/5/90 financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and industrial establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. 2. (512) Relocation Benefits and The Agency sh. all provide all relocation benefits required by law and in conformance with the Relocation Guidelines, Relocation Assistance Act, and the Redevelopment Law. H. (513) Demolition. Clearance. Public Improvements. and Site Preparation 1. (514) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or with the approval of the owner thereof, to demolish, clear or mo. ve buildings, structures, and other improvements from any real property ~n the Project Area as necessary to carry out the purposes of this Plan. 2. (515) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such [~ubhc improvements include, but are not limited to, over or underpasses, oridges, streets, curbs, gutters, sidewa!ks, street lights, sewers, storm drains, traffic signals, electrical distribuUon s~.stems, natural gas distribution systems, cable TV systems, water distribution systems, parks, plazas, playgrounds, motor vehicle parking facilities, landscaped areas, schools, civic, cultural, recreational facilities and pedestrian iml?ovements. A list of possible public agency redevelopment projects is set lorth in Exhibit C. The Agency, with the prior consent of the City Counci. l, maypay all or part of the value of the land for and the cost of the installation andconstruction of any building, facility, or other improvements which is publicly owned either within or outside the Proje.c.t Area upon a determination by resolution of the Agency Board and the C~ty Council: (1) that such buildings, facilities, structures and other impro, veme.nts are of benefit to the Project Area or the immediate neighborhood m which the Project Area is located; (2) that no other reasonable means of financing such buildings, facilities structures or other mprovements are available to the City. When the value of such land or the cost of the installation and construction of such building, facility or other improvement, or both, has been, or will be, paid or provided for initially by the commun!ty or other public corporation, the Agency may enter into a contract w~th 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 or other improvements, or both, by periodic \~"~'~\~'~ 8 11/5/90 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. (516) Preparation of Building Sites The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, undertake or make provisions with other agencies for the installation, or constructi.o.n .of park~'ng facilities, streets, ufil. ities, parks, play. grounds .and other pubhc ~mprovements necessary for carrying out the Plan in the Project Area. I. (517) Rehabilitation and Moving of Structures by the Agency 1. (518) Rehabilitation and Conservation The A~ency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist. (through a loa. n program, or otherwise) in the rehabilitation and conservation of property m the Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Redevelopment Plan to allow for the retention of as many existing businesses as practicable and to add to the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Redevelopment 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 following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Redevelopment Plan. b. Rehabilitation and conservation activities on a structure must be carried out in an expeditious manner and in conformance with the requirements of this Redevelopment Plan and such property rehabilitation standards as may be adopted by the Agency. c. The expansion of public improvements, facilities and utilities. d. The assembly and development of properties in accordance with this Redevelopment Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. Th.e Ag. en. cy shall not assist in the rehabilitation or conservation of properties whtch, ~n ~ts opinion, are not economically and/or structurally feasible. 2. (519) Moving of Str~ctures As necessary in carrying out this Redevelol~ment Plan, the ~Aeencv is authorized .to move, or to ..cause to be moye~l, a,ny. standar.d stru~tur6 or building which can be rehabdttated to a location within or outside the Project Area owned by the Agency. J. (520) Property Disposition and Development 1. (521) Real Property_ Disposition and Development a. (522) General For the purposes of this Redevelol~.ment Plan, the Agency is authorizedto sell, lease, exchange, subdivide, transfer, assign, pledge, .encumber by mortgage or deed of trust, or otherwise dispose of any mtere, st in re. al property. To the extent permitted by law, the Agency is autl~orizecl to dispose of real property by negotiated lease or sale without public bidding. Before any interest in realproperty of the Agency ~s acquired i.n whole or in part, directly or ind.!rectly, with tax increment moneys ~s sold, leased or otherwise d~sposed of for development pursuant to this Redevelopment Plan, such sale, lease or disposition shall be first approved by the Agency Board after public hearing. Except as permitted by law, no. real or personal property owned by the Agency, or any interest therein, shall be sold or leased to a private person or private entity for a.n amount less than its fair market value, unless the Agency determines that such lesser consideration is necessary to effectuate the purposes of the Redevelopment Plan. The real property acquired by the Agency in the Project Area, except property conveyed to ~t by the City, shallbe sold or leased to public or private persons or entities for redevelopment and use of the property m conformance with this Redevelopment Plan. Real property may be conveyed by the AgenT to the C~ty 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 shall be obligated to use the property for the purposes designated in this Redevelopment Plan, to begin and c. omplete redevelopment of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Redevelopment Plan. ~ch,,,~¥o~,~ 10 11/5/90 During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Re. development Plan, and other documents formulated pursuant to tNs Redevelopment Plan, are being observed, and that development of the Project Area ts proceeding in accordance with applicable development documents and time schedules. All development, whether publi.c, or private, must conform to this Redevelopment Plan and allapphcable federal, state, and~local laws, including with..o.u.t limit, ation the City's planning and zoning ordinances, bmld~ng, enwronmental and other land use development standards; and must receive the approval of all other appropriate public agencies. b. (523) Purchase and Development Documents Toprovide adequate s~feguards to ensure that the provisions of this Re.d.e. velopmentPlan will be carried out and to prevent the recurrence of bhght, all real property sold, leased, or conveyed by the Agency, as well as all property subject to ..Owner Participation Agreements, shall be made subject to the provisions of this Redevelopment P. lan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of th.e City, 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 Redevelopment Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or s~milar agreements as may 0e necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment m carried out pursuant to this Redevelopment Plan. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or maritalstatus in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as are required by law. c. (524) Development of Publicly Owned Improvements fToO the. extent now. or he.r. eafter permitted by law, the Agency, with the rmal consent ot th..e .City Council is authorized to pay for, develop, or.construc, t any braiding, facility, structure, or other improvements either within, or outside the Project Area. for itself or for any public body or entity to the extent that such improvements would be of benefit to the Project Area. The Agency is authorized to assist any p..u.blic entity in financing the cost of public land, buildi.n$s, faclhtles, structures or other improvements (within or outsit~e the Project Area) to the extent permitted by law. 2. (525) Personal Proper_ty Disposition For the purposes of this Redeve!opment Plan, the Agency is authorized to sell, lease, exchange, transfer, assll~n,pledge, encumber, or otherwise dispose of personal property which is acqmredby the Agency. K. (526) Provision for Low and Moderate Income Housing 1. (527) Definition of Terms The terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (528) Authority Generally The Agency may, inside or outside the .P. roject Area, acquire land, donate land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. 3. (529) Replacement Housing Whenever dwelling units housing persons and families of low or moderate income, as defined by the Redev.elopment Law., are destroyed or removed from the low and moderate Income hous~n.g .market as part of a redevelopment project, the Agency shall, w~thln four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or con. structed, for rental or sale to persons and families of Iow or moderate income, an. e.qual num.ber of re.placement dwelling units at affordable housing costs within the territorial jurisdiction of the Agency's members. Seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, low income households, lower income households, andpersons and fam. ilies of Iow and moderate income as the persons displacedfrom those units dest.royed or removed. The Agency may replace destroyed or re.moved dw. elhng units housing persons and families of low or moderate ~ncome with a fewer number of dwelling units if the units have a greater or .equal number of bedrooms and are available to the same Iow and moderate income groups. 4. (530) New or Rehabilitated Dwelling Units Developed Within the Project Area Pursuant to Section 33413 of the Redevelopment Law, at least thirty percent (30%) of all new or rehabilitated dwelling units developed within the Project Area by the Agency shall be available at affordable housing costs for persons and families of Iow or moderate income; of such .t. hirty percent (30%), not less than fifty percent (50%) thereof shall be available to and occupied by very Iow income households. At least fifteen percent (15%) .o.f all new or rehabilitated units developed within the Project Area by pubhc or private entities or persons other than the Agency shall be available at affordable housi.n.g costs for persons and families of low or moderate income; and of such fifteen percent (15%), not less than forty percent (40%) thereof shall be for very Iow income households. The percentage requirements set forth in this Section shall apply independently of the requirements of Section 533 and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. The Agency shall require, by contract or other appropriate means, that whenev.er any low and moderate income housing, units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low and moderate income displaced by a redevelopment project; provided, however, that failure to give.such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (531) Duration of Dwelling Unit Availability. The A~ency shall require that the aggregate number of dwelling units rehabihtated, developed or constructed pursuant to Sections 532 and 533 of this Redevelopment Plan shall remain for persons and families of low and moderate income and very low income households, respectively, for not less than the period set forth in Section 1000 of this Redevelopment Plan for the duration of this Redevelopment Plan. 6. (532) Relocation Housing If insufficient suitable housing units are available in the Proje.c.t Area for use by persons and families of low and moderate income d~splaced by a redevelopment project, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. (533) Increased and Improved Supply Pursuant to Section 33334.2 of the Redevelopment Law, not less than twenty percent (20%) of all taxes which are received by the Agency pursuant, to subdivision (b) of Section 33670 of the Redevelopment Law and Sectmn 702(2) of this Redevelopment Plan shall be allocated and used by the Agency for the purposes of increasing, improving and preserving the supply of low and moderate income housing available within the City at affordable housing costs, as defined by Section 50052.5 of the Health and Safety Code, to x..,,,~x~p,~ 13 11/5/90 persons and families of low or moderate income, as defined in Section 50093 of the .Health and Safety Code, and very Iow income households, as defined in Section 50105 of the Health and Safety Code, unless one or more of the following findings are made annually by resolution: (1) that no need exists in the City to improve or increase the supply of low and moderate income housing in a manner which would benefit the Project Area and this finding is consistent with the City's General Plan, or (2) that some stated percentage less than twenty percent (20%) of the taxes which are allocated to the Agency pursuant to Section 702(3) of this Red.evelopment Plan. i,s suff. icient to meet such housing need of the commumty and that th~s finding is consistent with the Housing Element of the City's General Plan, or (3) that the City is making a substantial effort to meet its existing and projected Iow and moderate income housing needs, particularly very low income housing needs, including its share of the regional needs as identified in the Housing Element of the City's General Plan and that this effort, consisting of direct financial contributions of local funds, is used to increase and improve the supply of housing affordable to families of low and moderate income and very low income households and is equivalent in impact to the funds otherwise required to be set aside pursuant to Section 33334.2 of the Redevelopment Law. In carrying out the pu. rposes of Section 33334.2 of the Redevelopment Law, the Agency may exercJse any or all of its powers including, but not limited to, the following: 1. Acquire land or building sites. 2. Improve land or building sites with on-site or off-site improvements, but only if the improvements directly and specifically improve or increase the community's supply of low or moderate income housing. 3. Donate land to private or public persons or entities. 4. Finance insurance premiums pursuant to Section 33136. 5. Cnnstruct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very Iow income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. Subsidies for the purpose of this paragraph include any costs or reduced income resulting from below-market rate sale or lease, grant, or donation of land to private for-profit and non-profit x,~,~x~o,,,~ 14 1115190 .organizations. for the purpose of providing low and moderate income housing, if at least half the units, provided as a result of each transfer are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 9. Develop plans, pay. principal and interest on bonds, loans, advances, or other Indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of mobilehomes. 11. Preserve the availability to lower income households of affordable housing units in housing develot}ments which are assisted or subsidized by public entitie~ and which are threatened with imminent conversion to market rates. The Agency may u. se the.se funds to meet, in whole or in part, the replacement housing provisions in Section 529 above. These funds may be used inside or outside the Project Area; provided, however, that funds may be used outside the Project Area only if findings of benefit to the Project Area are made as required by Section 33334.2 of the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund untilused. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. Any reduced income .resulting fro..m the below-m.arket rate sale or lease, gra. nt, or donation of land to private for-profit and non-profit organizations may be debited to the Agency's Low and Moderate Income Hgusing Fund. The amount of any debit shall not be subject to any transfer required by law for fai!ure to expend or encumber the moneys held in a Low and Moderate Income Housing Fund. SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA A. (601) Map and Uses Permitted The Maps attached hereto as Exhibit A-1 and A-2 and incorporated herein illustrate the location of !he Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way and public easements. ThE land uses permitted by this ,R, edevel .opmen. t Plan shall be those permitted by the C~ty of Chula Vista's General rmn aha the Montgomery Specific Plan, as they now exist or may hereafter be amended. B. (602) Major Land Uses Residential hlcludes single, two-fa.m, ily and multiple family dwellings, group quarters, and mob le home parks. This classification does not include motels andhotels, which are classified as commercial uses. Commercial Includes .$eneral commercial and commercial recreation uses. It .e.n?mpasses stores, offices, personal and professional services, and general retail activities. Industrial Encompasses limited, light, and heavy industrial uses, includes manufacturing, warehousing, wholesaling, mineral extraction and processing. Public and Ouasi-Public Includes government facilities, churches, private and public schools, recreational and public utility uses. Vacant and Other Includes vacant land and land used for agricultural purposes. It does not include underutilized land. The areas shown on the map may be used for any of the various levels of uses specified for or permitted in the City's General Plan and the Montgomery Specific Plan. C. (603) Public IJ~es 1. (604) Public Street Layout. Rights-of-Way and Easements The public street system for the Project Area is illustrated on the Map. The street system in the Project Area shall be developed in accordance with the Circulation l~lement of the City's General Plan. Primary streets in the Project Area include Broadway, L Street, Third Avenue, Main Street, Orange Avenue, Palomar Street and Bay Boulevard. Certain streets and rights-of-way may be widened, altered, abandoned, vacated, or closed b}' the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (605) Other Public and Open Space Uses Both within and where appropriate outside of the Project Area, the Agency !s authorized to permit, establish, or enlarge public, institutional, or non-pr.ofit uses, including airl?orts, schools, commum'ty center, auditorium and c~vic center facilities, criminal jus.tice facilities, park and recrea!ional facilities, parking facilities, transit facihties, 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 Redevelopment Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such ot.her reason, able restrictions as are necessa/y to protect development and uses ~n the Project Area. D. (606) Conforming Properties The Agency may, at its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Redevelopment Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without an Owner Participation Agreement with the Agency, provided such owners continue to operate, use, and mainta, in the real properties within the requirements of this Redevelopment Plan. A Certificate of Conformance to this effect may be issued by the Agency and recorded. An owner of a conforming p. roperty may. .be. required by the Agency to enter into an Owner Participation Agreement. w~th the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing stm. ctures on any of the real property described above as conforming; or (2) acqmre additional property within the Project Area. E. (607) Nonconforming Uses The Agen~ is authorized but n.ot re.~uired to permit an existing use to remain in an existing building in good condition ltthe use does not conform to the provisions of this Redevelopment Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The Agency may authorize additions, alterations, repairs or other improvements in the Project Area for uses which do not conform to the provisions of this Redevelopment Plan where suc. h i .mprovements are within a portion of the Project Area where, and in the determmatton of the Agency, such improvements would be compatible with surrounding Project Area uses and development. F. (608) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use. or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Redevelopment Plan. Such interim use, however, shall conform to all applicable City codes. G. (609) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Redevelopment.Plan. No real property shall be deve!oped, redeveloped, rehabilitated, or other~v. ~se changed after the date of th.e adoption of the Reoevelopment Plan except m conformance with the prowsions of this Redevelopment Plan and all applicable City codes and ordinances. The land use controls of this Redevelopment Plan shall ap.p!y for a period of forty (40) years. The type, size, height, number a_n~ use of buildings within the Project Area will be controlled by the applicable City's planning .and zoning ordinances as they now exist or may hereafter be amended from time to t~me. 1. (610) New Construction All construction, in the Project Area sh.all comply .wi.'t.h all applic, able State and local laws m effect from time to time. In addition to applicable City codes, ordinances, or other requirements governing development in the Project Area, additional specific performance, and development standards may be adopted by the Agency to control and d~rect redevelopment activities in the Project Area. 2. (611) Rehabilitation Any existing structures within the Project Area which the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (612) Number of Buildings and Dwelling Units The total number of buildings in the Project Area shall be regulat.ed by the City's General Plan and the Montgomery .Sj~ecific Plan. The Project Area currently includes approximately 1,226 dwelhng units. 4. (613) Open Space and Landscaping The approximate amount of .open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the City's General Plan 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 Redevelopment 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. (614) Limitations on Type. Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the. City's General Plan, the Zoning Ordinance, and the Montgomery Specific Plan as they now exist or are hereafter amended. 6. (615) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to. the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the procedures permit[ed by this Redevelopment Plan. New signs must contribute to a reduction ~n sign blight. 7. (616) Utilities The Agency shall encourage that all utilities be placed underground whenever physically possible and economically feasible. 8. (617) Incompatible Use, No use or structure which is by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas or structures shall be per.mitted in any part of the Project Area, except as permitted by the governing bodies of the City; or 9. (618) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, sex, marital status, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. 10. (619) 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 appropriate governing body of the City, and, if necessary for purposes of this Redevelopment Plan, the Agency. 11. (620) Regulations, Special Permits and Variations The zoning regulations and provisions of the Chula Vista Municipal Code shall govern the establishment and maintenance of land use within the Project Area. Where the said regulations and provisions require the prior issuance of a conditional use permit, this Plan, in lieu thereof, requires the prior approval of a "special permit" by the Agency. The Agency shall make the findings required for the approval or conditional approval of a conditional use permit, as providedin the Municipal Code, before it grants or conditionally grants a special permit. The building height, bulk, and intensity standards of the Project Area, as well as the signage and off-street parking.r.equirements thereof, shall also be governed by the regulations and prows~ons of the Chula Vista Municipal Code. Applications for variations to these standards and requirements may be granted or conditionally granted by the Agency, subsequent to its making of the findings required for variances under the Municipal Code. Prior to the taking of any action upon an application for a special permit or variation, the Agency shall refer the application to the Project Area Committee for its review and recommendation. Notwithstanding the above provisions, the Zoning Administrator of the City of Chula Vista who is hereby designated the Chief Administrative Planner of the Project Area, may grant or conditionally grant special permits and variations which are similar to the administrative conditional use permits and variances that he or she is authorized to grant or conditionally grant, under the provisions of the Municipal Code. An appeal from the decision of the Chief Administrative Planner to the Agency shall be made within ten (10) days after the date of his or her decision. ~,~,,~x,~,~. 19 11/5/90 H. (621) Design for Development Within the limits, restrictions, and controls established in this Redevelopment Plan, and subject to the provisions of Se.c. tigns 601 and 609, herein, the Agency is authorized to establish heights of buildings, land coverage, setback requirements. design criteria, traffic circulation, traffic ac-cess, and othe? development'and deslgti 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 re.habilitated except in accordance with this Plan and any such controls and architectural, landscape, and site plans submitted to and approved in writing by the Agency. In the case of property which s the subject of a Disposition and Development or an .O~v. ner Participati.on Agreement with the Agency, such property shall be developed ~n accordance w~th the provisions of such Agreement. One of the objectives of this Redevelopment Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give co. nsideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall nnt approve any plans that do not comply with this Redevelopment Plan. I. (622) Building Permits 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 th.e 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. The Agency is authorized to establish p.ermit proc.edures and approvals required for purposes of this Plan. A building perm~t.shallbe ~ssued only after the applicant for same has been granted all approvals reqmred by the City and the Agency at the time of application. SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance this Plan with assistance from local sources, the State of California and/or the Federal Government, property tax inc.rem, ent, 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, 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 !oans for survey and.planning and for the operating capital for aaministration of tins 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 x,,,,,,~,,,~,,~. 20 1115190 through issuance of bonds, loans and grants and in-kind assistance. Any assistance shall be subject to terms estab!i.s.hed by an .agreement between the Agency, City and/or other public agency prowding Such assistance. As available, gas tax funds from the State of California and sales tax funds from the County of San Diego may be used for the street system. The Agency may issue bonds and expend their proceeds to carry out the Plan. The Agency is authorized to issue bonds as appropriate an.d 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 of the Agency as it becomes due and payable. B. (702) Tax Increment Rcven0e All taxes levied upon taxable property within the Project Area eachyear by or for the benefit of the State of Cal!fornia, County of San Diego, City of .Chula Vista or ot. her p. ubli??orpora, tion (.he.re,nar!er called "Taxi.ng A. gen~" or 'q~axmg A,~en, ci,es") atter the e~rective oate ot the oroinance approwng this ~'lan, shall be olvioeo 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 wit.h the taxation of such property by such Taxing Agency, last equalized prior to the effective date of such. ordinance, shall be allocated to, and when collected shall be paid into, the 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 Agencfes.which did not include the territory m the Project Area on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County of San Diego last equalized on the effective date of said 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 collect, ed shall be paid into, a special fund of the Agency to pay the principal of and interest on bonds, loans, monies advanced to, or indebtedness (whether funded, assumed, or otherwise) incurred bythe Agency to finance or refinance in whole or in part, 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 P. roject Area as shown by the last equalized assessment rollreferred to In paragraph (1.) hereof, ~ll of the taxes levied and collected upon the taxable property in the roject Area shall be pa~d to the respective Taxing Agencies. When said bonds, 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 into the funds of the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of tax increment revenue allocated to the Agency ~ur?ant !o p.aragraph (2.) above which are attributable to increa.ses n me rate ot tax imposed for the benefit .of a.ny. affected Taxing A~en.cy, which levy occurs after the .tax year tn whtch the ordinance aooptmg this Plan becomes effective, shall be allocate, d to such affectedT~mg Agency to the .extent that the affected Taxing Agency has elected in the manner required by law to receive such allocati~on. _._Th~, .Ag,ency is authorize, d. to. make pledges as to specific advances., loans and moemeoness as. appropriate in carrying out the ProJect. The port. ion of taxes allocated and paid to th.e A. gency pursua, nt to subparagraph (2.) above ts irrevocably pledged to pay the principal of and interest on loans, monies a. dvanced to, or mdel~tedness [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. The number of dollars of taxes which may be divided and allocated to the Agencv annually pursuant to Sectign 33670 of the.Redevelopment Law shall not exceed $15 million adjusted annually, m ac.cordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, except by amendment of thts Plan. Such limitation is exclusive of: 1. ,An.y. pay, ments to Taxing Agent!es to alleviate financial burden made oy me ,'xgencypursuant to .Section 33401 of the Redevelopment Law and Section 509of this Plan, 2. Any funds required b.y Section 33334.2 of the Redevelopment Law and Section 526 of this Plan to be deposited by the Agency in a Low and Moderate Housing Fund. No loan, advance of indebtedness to be renaid from ~,,oh .established or incurred by the Agencv to finance in whole°~,~'~-*,~'~';'~,'~,~'~,~.. t~e established or incurred after thirty, t30~ ,,ears followin,-'~ " " · ', ~ J . t~ uatc ut auoptlon o! me oromance approvml$ and adop.tmg th. is Plan. Such loa.n, a.dvance or indebtedness may be repaid over a period of time longer t. han such time limit. Such time limitation may be extended only by amendment of this Plan. C. (703) _~g~_%~_~onds The Agency is authorized to issue bonds 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. a.ny persons executing the bonds are liable personally on the bonds by reason of their issuance. 'he bonds and other obligat!ons of th.e..Agency are not a debt of the City, nor the rate, nor are a.ny 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 ~,~,,,~v,,p,~, 22 1115190 of the Agency; and such b~nds and o.ther obligations shall so state on, their face. The bonds do not constitute an ~ndebtedness within the meaning of any C n ' ° ' .... o smuttonal or statutory debt hm~tation or restriction. a~le a..moun.t of bonded indebtedn.ess, to be repaid in whole or in part fr.om the ocauon o! taxes pursuant to Section 33670 of the Redevelopment Law, which can be ou,tstandin~.,a!,on~e time shal_l .not. ex. ceed $150 million adjusted annually in accora, ance wnn me L:onsumer t'nce muex ~CPI), o.r an acceptable replacement index m the event !he .CPI ceases to be published, without an amendment of this Plan. Such limitation Is exclusive of (1) any payments to the taxing aeencies to alleviate financial burden ma.d? by the Al~e. ncy pursuant to Section 33~'01 of the Redevelopment Law and Section 509 of this Plan and. (2) any funds required by Section 33334.2 of the .Redevelopment Law and Section 526 of this Plan to be deposited by the Agency In a Low and Moderate Income Housing Fund. D. (704) Other Loans and Grant,q Any other loans, grants, guarantees or financial assistance from the Federal Government, th.e State of California, .or any other public or private sour? will be utilized, if available, as appropr, iate m 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. E. (705) Rehabilitation Loans, Grants. and Rebates The Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants,, or rebate tmyments 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 f.u. nds and dir.ect loan allocations from State and Federal sources, as they may [~e available from time to time, for the carrying out of such programs. SECTION VIII. (800) ACTIONS BY THE CITY Tt!.e City shall aM and cooper.ate with the Agency in carrying out this Plan an.d shall take all acnons necessary to ensure the continued fulfillment of the purposes of tMs Plan and to prevent the rectlrrence or spread in the area of conditions causing blight. Actions by the City may include, but shall not be limited to, the following: I. Institution .and completion of vroceed nes for oneni ,ca.!mg: w.~den!ng, or changing the grades of streets, alley.s, and other punuc rights-ot~way, and for other n.e. ces.sary 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 aband, o. nme.nt and, ,relo.ca. tio..by the public util!ty companies of their o~erauons m pumic nghts;o~-.w.ay as appropriate to carry out this Plan, provided that nothing m this Plan shall be considered to require the cost of such abandonment, removal, and relocat on to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedinl3s necessary for changes and improvements to publicly-owned parcels in the Project Area. 3. Performance of the above, and of all other functions and services relating to. public health, safety,, and _physical development. -. normall, y rendered m accordance .wath a schedule whtch wall permit the redevelopment of the Project Area to be commenced andcarried to completion without unnecessary delays. 4. !~ep,o.sit!.on w. he.n. ev~e.r ne.cessary_of a. ppropriate design controls within t e nmits ot th~s tqan m the Project Area to ensure their prOper development and use. 5. Provisions for administration/enforcement of this Plan by the City after development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. T.he expenditure of any City funds in connection with redevelopment ot the Project Area pursuant to the Plan. SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT .Upo, n adoption.,, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City or the Agency, as appropriate. i~'he provisions of this Plan or other documents entered intopurs~ant to this Plan may also e enforced by court .lit!gation by ei. ther the Agency or t[~e City. Such .re. medies may include, but are not hmlted to, sp.e?fic pe.rformance, damages, re-entry, injunctions, or enforcement of any recorded provisions which are expressly ~'or the benefit of owners of property in the Project Area by such owners. SECTION X. (1000) DURATION OF THIS PLAN xcept .for t. he non~d.lscnml.natl.on and non-segregation provisions which shall run ~n p. erpetmty, ?e p.row~ons ot th~s Pla? shall be effective, and t. he provisions of other uocuments tormulated pursuan.t to this. Plan may be ~ade effe.c.t~ve, [.or forty (40) years from the effective date of adoption o.f th~s Pla.n by the C~ty Council; orowded, however, that the Agency may issue bonds and. recur obligations pursuant to this Plan which extend beyond the termination date, and m such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations, as determined by the City Council. SECTION Xl. (1100) PROCEDURE FOR 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. EXHIBITS A-I and A-2 PROJECT AREA MAPS ..... CITY OF CHULA VISTA REDEVELOPMENT AGENCY .... c,T,. ....... SOUTHWEST RED~E~PMENT ~ PR~ECT AREA CITY OF CHULA VISTA REDEVELOPMENT AGENCY SOUTHWEST REDEVELOPMENT PROdECT AREA EXHIBIT B LEGAL DESCRIPTION EXHIBIT "B" CITY OF CHULA VISTA SOUTHWEST REDEVELOPMENT PROJECT AREA THE BOUNDARIES OF TBE REDEVELOPMENT AREAS ARE ILLUSTRATED ON A MAP ATTACHED HERETO. THE LEGAL DESCRIPTION OF THE BOUNDARIE~OF SAID AREAS ARE DESCRIBED AS FOLLOWS: THOSE CERTAIN AREAS WITHIN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: AREA *'A" BEGINNING AT A POINT ON THE COMMON RIGHT-OF-WAY LINE OF HOLLISTER STREET, AND THE SAN DIEGO AND ARIZONA RAILROAD COMPANy WHICH IS DISTANT THEREOF S89°53'48"E, 33.00 FEET FROM THE WEST QUARTER OF SECTION 22 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON PARCEL MAp NO. 4276 RECORDS OF SAID COUNTY; THENCE N00'08'52"W, 2630.32 FEET ALONG SAID RIGHT-OF-WAY TO A POINT WITH IT'S INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT-OF-WAY OF ANITA STREET AS SHOWN ON PARCEL MAp NO. 3987, RECORDS OF SAID COUNTY; THENCE S87'51'10"W, 1503.70 FEET ALONG SAID PROLONGATION AND RIGHT-OF-WAY TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 5 FREEWAY AS SHOWN ON HIGHWAY P, IGHT-OF-WAY MAP NO. L-O.-2519 RECORDS OF SAID COUNTY; THENCE Nll°lS'55"W 75.47 FEET ALONG SAID RIGHT-OF-WAY; THENCE NO5'13'51"W, 289.59 FEET; THENCE S87°50'59"E, 1283.94 FEET ALONG THE NORTHERLY LINES OF LOTS 69 AND 78-72 AS SHOWN ON MAP NO. 1349 OF FAIRFIELD RECORDS OF SAID COUNTY; THENCE N00'll'00"E, 150.00 FEET; THENCE S87'50'59"E, 9.38 FEET; THENCE NO0°ll'00"E, 202.00 FEET TO A POINT ON THE NORTHERLY LINE OF DOROTHY STREET AS SHOWN ON PARCEL MAp NO. 14949, RECORDS OF SAID COUNTY; THENCE S87°54'12"E, 40.56 FEET ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 39.87 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 103°13'33'' AN ARC DISTANCE OF 71.83 FEET TO A POINT OF COMPOUND CURVATURE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5610.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS N78'52'26"E SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF INDUSTRIAL BOULEVARD AS SHOWN ON SAID PARCEL MAp; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'20'29" AN ARC DISTANCE OF 522.99 FEET TO A POINT OF COMPOUND CURVATURE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 75.47 FEET AS SHOWN ON PARCEL MAp NO. 4033 RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS N73°31'46"E; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°00'46" AN ARC DISTANCE OF 88.27 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF ADA STREET AS SHOWN ON SAID PARCEL MAp; THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET, SAID POINT BEING ON THE EASTERLY LINE OF INTERSTATE 5 FREEWAY AS SHOWN ON HIGHWAY RIGHT-OF-WAY MAP L.O.-2521 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. N83°00'29"W, 865.94 FEET 2. S02'15'00"W, 10.00 FEET 3. N83°29'O0"W, 79.94 FEET 4. N02'15'00"W, 10.00 FEET 5. N83°29'00"W, 290.14 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°06'23'' AN ARC DIST;hNCE OF 71.67 FEET ALONG SAID INTERSTATE RIGHT-OF-WAY; THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT-OF- WAY TO A POINT ON THE SOUTHERLY LINE OF PALOMAR STREET AS SHOWN ON SAID STATE HIGHWAY MAP THROUGH THE FOLLOWING VARIOUS COURSES: 1. N14'20'21"E, 198.09 FEET 2. N18°00'49"E, 324.33 FEET 3. N41°14'33"E, 65.95 FEET; THENCE N82°56,34,,W, 1018.36 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID STREET TO IT'S INTERSECTION WITH THE WESTERLY LINE OF SAID INTERSTATE 5 FREEWAY AS SHOWN ON STATE HIGHWAY MAp NO. 2520 RECORDS OF SAID COUNTY; THENCE S76'13'56"E 163.51 FEET ALONG SAID RIGHT-OF- WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49'18'55" AN ARC DISTANCE OF 172.14 FEET; THENCE SOUTHEASTERLY CONTINUING ALONG SAID STATE HIGHWAY RIGHT-OF-WAY TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY RAVING A RADIUS OF 1518.00 FEET A RADIAL BEARING THROUGH SAID POINT BEARS N65°49'56"E THROUGH THE FOLLOWING VARIOUS COURSES: 1. S26'55'01"E, 205.99 FEET 2. S26°41'44"E, 60.12 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'56'13" AN ARC DISTANCE OF 501.72 FEET; THENCE S05'13'51"E, 1095.18 FEET CONTINUING ALONG SAID STATE HIGHWAY RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE SOUTHWESTERLY RAVING A RADIUS OF 3018.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'52'29" AN ARC DISTANCE OF 256.77 FEET; THENCE S00'21'22"E, 225.98 FEET CONTINUING ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY RAVING A RADIUS OF 518.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20'20'42" AN ARC DISTANCE OF 183.94 FEET; THENCE S19'59'20"W, 399.75 FEET CONTINUING ALONG SAID STATE HIGHWAY RIGHT-OF-WAY TO A POINT ON THE COMMON CITY BOUNDARy LINE FOR THE CITY OF CHULA VISTA AND CITY OF SAN DIEGO AS SHOWN ON STATE HIGHWAY RIGHT-OF-WAY MAP NO. 2518.1 RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE WESTERLY LINE OF RECORD OF SURVEY NO. 11896; THENCE NORTHWESTERLY ALONG SAID COMMON CITY BOUNDARy LINE AND RECORD OF SURVEY TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF PACIFIC AVENUE AS SHOWN ON SAID RECORDS OF SURVEY RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. Nll°12'52"W, 469.60 FEET 2. N20°48'32"W, 429.73 FEET 3. N87°51'lO"W, 51.31 FEET; THENCE N00°39,07,,E, 1048.92 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF BELLA STREET; THENCE N88'29'23"W, 405.73 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF BAY BOULEVARD AS SHOWN ON SAID RECORD OF SURVEY; THENCE N02°41,48,,E, 1097.92 FEET ALONG SAID RIGHT-OF-WAY TO 2 A POINT ON THE SOUTHERLY LINE OF LOT NO. 168 OF RANCHo DE LA NAClON AS SHOWN ON MAP NO. 166 RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT THEREOF N84'12'OO"W, 23.68 FEET FROM THE NORTHEAST CORNER OF SECTION 16 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN; THENCE N84'12'00"W, 1680.00 FEET ALONG SAID SOUTHERLY AND COMMON CITY BOUNDARY LINE AS SHOWN ON MISCELLANEOUS MAPS NO. 79 RECORDS OF SAID COUNTY TO A POINT ON THE MEAN HIGH TIDE LINE THENCE ALONG SAID MEAN HIGH TIDE LINE AS SHOWN ON SAID MISCELLANeoUS MAPS TO THE MOST NORTHWESTERLY CORNER OF SAID RECORDS OF SURVEY NO. 11896 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. NO2°33'00"E, 556.00 FEET 2. N16°37'00"W, 800.00 FEET 3. N05°40'00"E, 300.00 FEET 4. N16°16'00"W, 200.00 FEET 5. NO8°13'OO"E, 1109.80 FEET; THENCE N72°OS'00"E, 1937.96 FEET ALONG A LINE WHICH IS PARALLEL AND 40.00 SOUTH OF THE SOUTHERLY LINE OF THE NORTHERLY HALF OF LOT 169 OF SAID RANCHO DE LA NACION, TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1930.15 FEET A RADIAL BEARING THROUGH SAID POINT BEARS NSO'36'32"E SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF SAN DIEGO AND ARIZONA EASTERN RAILROAD AS SHOWN ON STATE HIGHWAY RIGHT-OF-WAY MAp NO. 2523.1; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY THROUGH A CENTRALANGLE OF 02°23'51'' AN ARC DISTANCE OF 80.77 TO A POINT ON A NON-TANGENT LINE BEING THE NORTHERLY RIGHT-OF-WAY OF "L" STREET AS SHOWN ON SAID STATE HIGHWAY MAp A RADIAL BEARING THROUGM SAID POINT BEARS N78°12'41"E; THENCE NTl'32'OO"E, 2572.47 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID "L" STREET TO A POINT ON THE WESTERLY RIGHT- OF-WAY OF BROADWAY AS SHOWN ON PEPPER TREE LANE TRACT MAP NO. 2898 RECORDS OF SAID COUNTY; THENCE N18'28'48"W, 942.82 FEET ALONG SAID WESTERLY RIGHT-OF-WAY; THENCE S71'33'30"W, 180.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID PEPPER TREE LANE TRACT; THENCE N18°28'48"W, 175.00 FEET ALONG SAID EASTERLY LINE; THENCE N71°33'30"W, 180.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID BROADWAY; THENCE N18'28'48"W, 495.00 FEET ALONG SAID RIGHT-OF- WAY TO IT'S INTERSECTION WEST OF THE NORTHEASTERLY PROLONGATION OF THE SOUTHERLY LINE OF DEAN PARK TRACT AS SHOWN ON MAP NO. 3057 RECORDS OF SAID COUNTY; THENCE S71°27'07',W, 210.00 FEET ALONG SAID PROLONGATION TO THE MOST SOUTHEASTERLY CORNER OF LOT NO. 11 AS SHOWN ON SAID MAP; THENCE N18'35'00"W, 660.23 FEET ALONG THE EASTERLY LINE OF SAID TRACT TO THE MOST NORTHEASTERLY CORNER OF LOT 21; THENCE N71'27'23"E, 310.00 FEET ALONG THE PROLONGATION OF THE NORTHERLY LINE OF SAID DEAN PARK TRACT TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID BROADWAY AS SHOWN ON KENWOOD VILLAGE NO. 6 MAP NO. 3552 RECORDS OF SAID COUNTY; THENCE S18'36'00"E, 330.08 FEET ALONG SAID EASTERLY RIGHT-OF-WAY; THENCE N71'26'50"E, 170.00 FEET TO THE MOST NORTHWESTERLY CORNER OF LOT 333 OF SAID MAP; THENCE S18~36'00"E, 165.09 FEET ALONG THE WESTERLY LINE OF SAID LOT TO IT'S MOST SOUTHWESTERLY CORNER; THENCE S71°26'50"W, 170.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID BROADWAY; THENCE S18°36'00"E, 455.23 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF "K" STREET AS SHOWN ON RECORD OF SURVEY 3 NO. 6379 RECORDS OF SAID COUNTY; THENCE N71o30,00.E, 620.49 FEET ALONG SAID NORTHERLY RIGHT-OF-NAy TO THE SOUTHEASTERLY CORNER OF LOT 32 OF SECTION 147 AS SHOWN ON SAN DIEGO LAND AND TOWN COMPANY'S MAp OF CHULA VISTA MAP NO. 505 RECORDS OF SAID COUNTY; THENCE S18°20'53"E, 701.09 FEET TO THE SOUTHEASTERLY CORNER OF LOT NO. 8 OF SECTION 146 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE CENTERLINE OF SIERRA WAY AS SHOWN ON RECORD OF SURVEY 6379 RECORDS OF SAID COUNTY; THENCE S?1°35,30,,W, 620.49 FEET ALONG SAID CENTERLINE TO A POINT ON THE EASTERLY LINE OF BROADWAY AS SHOWN ON KENWOOD VILLAGE NO. 5 MAP NO. 3340 RECORDS OF SAID COUNTY; THENCE S18°28'48"E, 621.35 FEET ALONG SAID RIGHT-OF-WAy TO A POINT ON THE NORTHERLY RIGHT-OF-WAy OF "L" STREET AS SHOWN ON SAID MAp; THENCE N71°32'40"E, 150.00 FEET ALONG THE NORTHERLY RIGHT-OF-WAy OF SAID STREET; THENCE S18'22'16"E 370.15 FEET TO A POINT ON THE NORTHWESTERLY CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAp NO. 993 RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL TO A POINT ON THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF LOT 24 OF QUARTER SECTION 146 AS SHOWN ON RECORD OF SURVEY NO. 9283 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. S18°22'16"E, 110.00 FEET 2. NTl°45'27"E, 20.00 FEET 3. S18°22'16"E, 60.00 FEET; THENCE N71'41'20"E, 30.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S18°26'31"E, 490.34 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 2 AS SHOWN ON PARCEL MAp 13571 RECORDS OF SAID COUNTY; THENCE S71°44'08"W 50.00 FEET ALONG SAID NORTHERLY LINE TO THE MOST NORTHWESTERLY CORNER OF SAID PARCEL; THENCE S18'26~31,,E, 370.15 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHERLY LINE OF MOSS STREET AS SHOWN ON SAID PARCEL MAp; THENCE S71°45'32,,W, 18.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE S18°27,23,,E, 226.49 FEET; THENCE S71°44~11,,W, 132.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BROADWAY AS SHOWN ON RECORD OF SURVEY 10976 RECORD OF SAID COUNTY; THENCE S18'27'23"E, 65.00 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 8 OF QUARTER SECTION 145 AS SHOWN ON SAID RECORD OF SURVEY; THENCE N71'44'll"E, 150.00 FEET ALONG SAID NORTHERLY LINE S18'27'23"E, 331.42 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 8 OF QUARTER SECTION 145 AS SHOWN ON RECORD OF SURVEY 10448 RECORDS OF SAID COUNTY; THENCE S71'43'05"W, 150.00 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID BROADWAY AS SHOWN ON SAID RECORD OF SURVEY; THENCE S18'24'04"E, t65.77 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO A POINT ON THE NORTHWESTERLY CORNER OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 1578 RECORDS OF SAID COUNTY; THENCE N71'41'30"E, 150.00 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL TO IT'S MOST NORTHEASTERLY CORNER; THENCE S18'24~20,,E, 165.71 FEET TO A POINT ON THE SOUTHEASTERLY CORNER OF PARCEL 2 AS SHOWN ON SAID PARCEL MAP; THENCE S71°40,10,,W, 14.90 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL; THENCE N18°24,20,,E, 225.00 FEET; THENCE N71'40'lO"E, 14.90 FEET; THENCE S18°24,20-E, 146.04 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NAPLES STREET AS SHOWN ON SAID PARCEL MAp; THENCE S71°37,20,,W, 385.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY 4 TO IT'S INTERSECTION WEST OF THE SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT-OF-WAY LINE OF A 20.00 FOOT ALLEY AS SHOWN ON HARBOR SIDE UNIT NO. 1 MAP NO. 2044 RECORDS OF SAID COUNTY; THENCE N18°24'OO"W, 674.31 ALONG SAID WESTERLY ALLEY RIGHT-OF-WAY AND IT'S PROLONGATION TO THE SOUTHERLY LINE OF CRESTED BUTTE STREET AS SHOWN ON SAID Map; S71'38'07,,W 180.12 FEET ALONG SAID SOUTHERLY RIGHT-OF- WAY; THENCE NORTHERLY TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID BROADWAY AS SHOWN ON PARCEL MAp NO. 4937 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. N18'24'lT-W, 140.00 FEET 2. N71°36'53"E, 15.00 FEET 3. N18°24'17"W, 110.00 FEET 4. N71°36'53"E, 300.00 FEET; THENCE N18'24'20,,W, 110.00 FEET ALONG SAID WESTERLY RIGHT-oF-WAY LINE TO A POINT ON THE SOUTHEASTERLY CORNER OF PARCEL 3 AS SHOWN ON SAID PARCEL MAp; THENCE N18'24'20,,W 275.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52'58'45,, AN ARC DISTANCE OF 18.49 FEET TO A POINT ON A NON-TANGENT LINE BEING THE SOUTHERLY RIGHT-OF-WAY OF MOSS STREET AS SHOWN ON SAID PARCEL Map A RADIAL BEARING THROUGH SAID POINT BEARS N18'36'55',E; THENCE S71o36,08,,W, 370.00 FEET ALONG SAID RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 5153 RECORDS OF SAID COUNTY; THENCE N18'20'30,,W 370.33 FEET ALONG SAID NORTHEASTERLY LINE AND ITS PROLONGATION TO THE MOST NORTHERLY CORNER OF SAID PARCEL; THENCE S71'40'30,,w WESTERLY CORNER ~ ~ .......... --, 892.26 FEET TO THE MOST v~ ~u~ ~ u~ ~AID PARCEL Map; THENCE S18'19'06,,E, 370.72 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL ARD ITS SOUTHEASTERLY PROLONGATION TO IT'S INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MOSS STREET AS SHOWN ON SAID HARBOR SIDE UNIT NO. 1; THENCE S71'33'46,,W, 555.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE METROPOLITAN TRANSiT DEVELOPMENT BOARD AS SHOWN ON RECORD OF SURVEY NO. 10058 RECORDS OF SAID COUNTY; THENCE S18'27'02,,E, 1244.99 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF NAPLES STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE NTl°36'15"E, 135.00 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE EASTERLY · E, 697.~6 ~EET ALONG SAID EASTERLY LINE AND IT'S PROLONGATION, THENCE N71 36 15"E, 604.37 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID PARCEL; THENCE S18'27'31,,E, 628.25 FEET ALONG T~E ~ASTERLY LINE OF SAID PARCEL TO A POINT ON THE NORTHERLY RIGHT OF WAY OF A 34.00 FOOT ROAD EASEMENT TO THE CITY OF CHULA VISTA AS SHOWN S?1°38'51"W, 642.23 FEET AT~,~ ~.~N__~D PARCEL MAp; THENCE POINT ON A NON-T ~E~,~ ~...~,~--~._o~x~ ~uRTHERLY RIGHT-OF-WAY TO THROUGH SAID AN~_.., -u~--~ ~¥~NG A RADIUS OF 60.00 FEET A RADIA~ POINT BEARS N03'31'02"W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81'15'25" AN ARC DISTANCE OF 85.09 FEET TO A POINT ON A NON-TANGENT LINE BEING THE CENTERLINE OF OXFORD STREET AS SHOWN ON SAID PARCEL MAP A RADIAL BEARING THROUGH SAID 5 POINT BEARs N84'46'27"W; THENCE S71'38'51"W, 16.73 FEET ALONG SAID CENTERLINE TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD RIGHT-OF-WAY AS SHOWN ON SAID PARCEL MAP NO. 12083; THENCE S15'24'40"E, 444.68 FEET ALONG SAID RAILROAD RIGHT-OF-WAY TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF PALOMAR STREET AS DESCRIBED PER INSTRUMENT NO. 82-028292 RECORDS OF SAID COUNTY; THENCE S83'27'00"E, 143.39 FEET ALONG SAID NORTHERLY RIGHT- OF-WAY TO A POINT ON THE WESTERLY LINE OF PARCEL NO. 3 AS SHOWN ON PARCEL MAP NO. 14977, RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY AS SHOWN ON SAID PARCEL MAp TO THE MOST SOUTHWESTERLY CORNER OF RECORD OF SURVEY NO. 9837 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. S18°24'40"E, 23.16 FEET 2. S83'27'00"E, 1028.47 FEET 3. N18'24'44"W, 22.06 FEET 4. S83'27'00"E, 634.00 FEET; THENCE S83°27'00"E, 124.27 CONTINUING ALONG SAID RIGHT-OF-WAY AS SHOWN ON SAID RECORD OF SURVEY TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 150.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'00'55" AN ARC DISTANCE OF 34.07 FEET TO A POINT ON A COMPOUND CURVE HAVING A RADIUS OF 25.00 FEET A RADIAL BEARING THROUGH SAID POINT BEARS NO6'27'55"W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 101'59t31" AN ARC DISTANCE OF 44.50 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID BROADWAY AS SHOWN ON SAID RECORD OF SURVEY; THENCE N18'27'26"W, 252.47 FEET ALONG SAID WESTERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE SOUTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT NO. 16 OF QUARTER SECTION 144 AS SHOWN ON SAID MAP NO. 505 RECORDS OF SAID COUNTY; THENCE N71'37'27"E, 425.00 FEET ALONG SAID PROLONGATION OF THE NORTHERLY LINE; THENCE S18'22'58"E, 290.00 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF SAID PALOMAR STREET AS SHOWN ON RECORD OF SURVEY NO. 8000 RECORDS OF SAID COUNTY; THENCE N71'36'49"E, 293.50 FEET ALONG SAID NORTHWESTERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE EASTERLY LINE OF LOT NO. 17 OF SAID QUARTER SECTION NO. 144; THENCE S18'28'18"E, 360.14 FEET ALONG SAID PROLONGATION AND EASTERLY LINE TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF ORANGE AVENUE AS SHOWN ON PARCEL MAP NO. 14101 RECORDS OF SAID COUNTY; THENCE S83'27'11"E, 193.39 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY; THENCE S00'12'38"W, 215.28 FEET; THENCE N83°27'll"W, 240.00 FEET; THENCE N00°12'38"E, 40.00 FEET; THENCE S83°27'11"E, 70.00 FEET TO THE MOST SOUTHEASTERLY CORNER OF PARCEL NO. 1 AS SHOWN ON SAID PARCEL MAp; THENCE WESTERLY TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BROADWAY AS SHOWN ON SAID PARCEL MAP THROUGH THE FOLLOWING VARIOUS COURSES: 1. N83'27'll"W, 247.70 FEET 2. S00°09'26"W, 147.17 FEET 3. N89°45'56"W, 196.41 FEET; THENCE S18°21'22',E, 881.10 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RECORD OF SURVEY NO. 8108 RECORDS OF SAID COUNTY; THENCE S77°30'08,,W, 452.10 FEET ALONG SAID PROLONGATION AND 6 SOUTHERLY LINE TO THE MOST SOUTHWESTERLY CORNER OF SAID RECORD OF SURVEY; THENCE NORTHERLY TO THE MOST NORTHWESTERLY CORNER OF RECORD OF SURVEY NO. 8918 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. NO0°10'38"E, 346.92 FEET 2. N89'49'45"W, 350.70 FEET 3. NOO°06'14"E, 285.12 FEET; THENCE N79'57'35"E, 297.63 FEET ALONG THE NORTHERLY LINE OF SAID RECORD OF SURVEY; THENCE S89°45'56"E, 197.42 FEET CONTINUING ALONG SAID NORTHERLY LINE TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID BROADWAY AS SHOWN ON RECORD OF SURVEY NO 1710 RECORDS OF SAID COUNTY; THENCE N18'21'22"W, 264.40 FEET ALONG SAID WESTERLY RIGHT- OF-WAY TO THE MOST SOUTHEASTERLY CORNER OF LOT NO. 3 AS SHOWN ON SAID RECORD OF SURVEY; THENCE N89'50'O0"W, 407.18 FEET ALONG THE SOUTHERLY LINE OF SAID LOT NO. 3 TO IT'S MOST SOUTHWESTERLY CORNER; THENCE N00°O3'48"E, 96.00 FEET ALONG THE EASTERLY LINE OF LOT NO. 2 AS SHOWN ON SAID RECORD OF SURVEY; THENCE N89°50'OO"W, 639.12 FEET; THENCE S00'00'24"W, 196.00 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT; THENCE N89'50'00"W, 708.69 FEET ALONG THE SOUTHERLY LINE ON LOT NO. 1 AND IT'S EASTERLY PROLONGATION TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF AN UNNAMED ROAD AS SHOWN ON WALMER'S SUBDIVISION HAP NO. 729 RECORDS OF SAID COUNTY; THENCE N00°O3'00"W, 617.41 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO A POINT ON THE SOUTHERLY LINE OF SAID PALOMAR STREET AS SHOWN ON SAID PARCEL MAP NO. 14977 RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID SAN DIEGO AND ARIZONA EASTERN RAILROAD RIGHT-OF-WAY THROUGH THE FOLLOWING VARIOUS COURSES: 1. N83'27'OO"W, 302.52 FEET 2. S18' 15' 41"E, 33.04 FEET 3. N83'27' 00"W, 55.08 FEET; THENCE S18 ' 15 ' 4 i"E, 504 . 28 FEET ALONG SAID EASTERLY RAILROAD RIGHT- OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 5749.65 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'49'' AN ARC DISTANCE OF 496.43 FEET TO A POINT ON A NON-TANGENT LINE A RADIAL BEARING THROUGH SAID POINT BEARS N76°41'OS"E; THENCE N76'41'08"E, 10.46 FEET ALONG SAID RADIAL BEARING TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 5760.11 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09'12'03" AN ARC DISTANCE OF 925.00 FEET TO A POINT ON A NON-TANGENT LINE BEING THE NORTHERLY LINE OF ANITA STREET AS SHOWN ON TRACT 3632 HAP NO. 9601, RECORDS OF SAID COUNTY, A RADIAL BEARING THROUGH SAID POINT BEARS N85°53'll"E; THENCE N89'50'OO"E, 83.82 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF A 150.00 FOOT RIGHT-OF-WAY TO SAID SAN DIEGO AND ARIZONA RAILROAD AS SHOWN ON SAID TRACT; THENCE S00°08'52"E, 1334.64 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF HAIN STREET; THENCE EASTERLY TO A POINT ON THE EASTERLY LINE OF THE WESTERLY HALF OF THE NORTHWEST QUARTER OF SECTION 22 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON SAID TRACT HAp THROUGH THE 7 FOLLOWING VARIOUS COURSES: 1. S89°30'44"E, 288.01 FEET; 2. NOO°OS'17"W, 21.00 FEET; 3. S89°30'44"E, 867.40 FEET; THENCE N00°O1,05,,E, 619.07 FEET ALONG SAID EASTERLY LINE TO A POINT ON THE SOUTHERLY LINE OF LOT 35 OF SAID TRACT; THENCE S89'40'22"E, 109.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N00'01'05"E, 445.37 FEET ALONG THE EASTERLY LINE OF SAID LOT; THENCE N89'50~OOW, 114.00 FEET; THENCE N00'01'05"E, 255.00 FEET CONTINUING ALONG THE-EASTERLY LINE OF SAID LOT AND IT'S NORTHERLY PROLONGATION TO A POINT ON THE NORTHERLY LINE OF ANITA STREET AS SHOWN ON SAID TRACT MAP; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT-OF-WAY LINE OF SILVAS ROAD FORMERLY AN UNNAMED COUNTY ROAD AS SHOWN ON RECORD OF SURVEY NO. 6908 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. S89°50'00"E, 159.12 FEET; 2. N00°iO'00"E, 6.00 FEET; 3. S89°50'00"E, 641.17 FEET; THENCE S00'26'15"W, 912.19 FEET ALONG SAID EASTERLY RIGHT-OF-WAY AND IT'S PROLONGATION TO A POINT ON THE SOUTHERLY LINE OF DEED "C" AS SHOWN ON PARCEL MAP NO. 4310 RECORDS OF SAID COUNTY; THENCE S89°23'30"E, 493.51 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEASTERLY CORNER OF SAID DEED AS SHOWN ON SAID PARCEL MAP SAID POINT BEING ON THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N00'28'45"E, 212.24 FEET ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22 AS SHOWN ON MAP NO. 7145 RECORDS OF SAID COUNTY; THENCE S89'51'57"E, 666.05 FEET ALONG THE NORTHERLY LINE OF SAID SOUT~WEST QUARTER BEING ON THE EASTERLY LINE OF THE WEST HALF OF THE NORTWNEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S00'03'34"E, 617.09 FEET ALONG SAID EASTERLY LINE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID MAIN STREET AS SHOWN ON PARCEL MAP NO. 2120, RECORDS OF SAID COUNTY; THENCE N89'53'52"E, 100.00 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO THE SOUTHWESTERLY CORNER OF PARCEL 1 AS SHOWN ON SAID PARCEL MAP; THENCE N00'O4'21"W, 295.36 FEET ALONG THE WESTERLY LINE OF SAID LOT TO IT'S NORTHWESTERLY CORNER; THENCE S89°50'04"E, 566.22 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL MAP AND THE NORTHERLY LINE OF PARCEL MAP NO. 12115 RECORDS OF SAID COUNTY TO A POINT ON THE WESTERLY LINE OF OTAY MAP NO. 263 RECORDS OF SAID COUNTY; THENCE S00'06'00"E, 143.54 FEET ALONG THE WESTERLY LINE OF SAID MAP TO THE SOUTHWESTERLY CORNER OF LOT 48 OF BLOCK 6 OF SAID MAP, SAID POINT BEING ON THE NORTHERLY LINE OF A 20.00 FOOT ALLEY MEASURED AT RIGHT ANGLES AS ALSO SHOWN ON SAID MAP; THENCE S89°50'04"E, 1210.00 FEET ALONG THE NORTHERLY LINE OF SAID 20.00 FOOT ALLEY TO THE SOUTHEAST CORNER OF LOT 27 OF SAID MAP SAID POINT BEING ON THE WESTERLY LINE OF DEPOT GROUNDS AS SHOWN ON SAID MAP; THENCE N00°O4'52"W, 140.00 FEET ALONG THE WESTERLY LINE OF SAID DEPOT GROUNDS TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ZENITH STREET, FORMERLY 1ST AVENUE; THENCE S89'48'06"E, 200.00 FEET ALONG THE EASTERLY PROLONGATION OF SAID SOUTHERLY RIGHT-OF-WAY TO 8 THE NORTHWESTERLY CORNER OF LOT 46 OF SAID OTAY MAP, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID DEPOT GROUNDS; THENCE S00°04'52"E, 140.00 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF SAID LOT, SAID POINT BEING ON THE NORTHERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE S89°48'06"E, 410.60 FEET ALONG THE NORTHERLY LINE OF SAID ALLEY TO THE SOUTHEAST CORNER OF LOT 31 OF SAID MAP; THENCE N00°16'll"E, 1140.00 FEET ALONG THE EASTERLY LINE OF SAID LOT AND IT'S NORTHERLY PROLONGATION TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ANITA STREET AS SHOWN ON PARCEL'MAP NO. 15164 RECORDS OF SAID COUNTY; THENCE S89'42'02"E, 117.99 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'01'47" AN ARC DISTANCE OF 31.43 FEET TO A POINT ON A NON-TANGENT LINE, A RADIAL THROUGH SAID POINT BEARS S89'43'49"E; THENCE S89'43'49"E, 12.00 FEET ALONG SAID RADIAL BEARING TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF THIRD AVENUE AS SHOWN ON SAID PARCEL MAP; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET THROUGH THE FOLLOWING VARIOUS COURSES: 1. N00°16'll"E, 805.14 FEET; 2. N89°43'49"W, 3.00 FEET; 3. N00°16'll"E, 166.69 FEET; 4. S74°21'16"W, 9.36 FEET; 5. NO0°16'll"E, 151.81 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83'43t10" AN ARC DISTANCE OF 29.22 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE AVENUE AS SHOWN ON SAID PARCEL MAP; THENCE N83'27'00"W, 56.43 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 8 AS SHOWN ON HAYNES AND BURNS SUBDIVISION MAp NO. 2446 RECORDS OF SAID COUNTY; THENCE N18'lS'53"W, 112.97 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE N18°lS'53',W, 206.93 FEET ALONG THE EASTERLY LINE OF SAID LOT TO IT'S NORTHEASTERLY CORNER; THENCE S84°44t45"W, 123.18 FEET TO THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID SUBDIVISION; THENCE N18°lS'53"W, 179.16 FEET ALONG THE WESTERLY LINE OF SAID LOT TO IT'S MOST NORTHWESTERLY CORNER, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF QUINTARD STREET; THENCE S71'43'15"W, 121.91 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE EASTERLY LINE OF KIFFE AND LESCHORN UNIT NO. 2 MAP NO. 554 RECORDS OF SAID COUNTY; THENCE N18°16'45"W, 1033.73 FEET ALONG SAID EASTERLY LINE AND PROLONGATION TO A POINT ON THE SOUTHERLY LINE OF LOT 1 AS SHOWN ON TRACT NO. 4409 MAP NO. 10973, RECORDS OF SAID COUNTY; THENCE N71'48'30"E, 41.96 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL TO IT'S SOUTHEASTERLY CORNER; THENCE N17°51~25"W, 371.35 FEET ALONG THE EASTERLY LINE OF SAID PARCEL MAP AND IT'S NORTHERLY PROLONGATION TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF PALOMAR STREET AS SHOWN ON RECORDS OF SURVEY NO. 2667 RECORDS OF SAID COUNTY; THENCE N72°15'38"E, 55.02 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTHERLY TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF THIRD 9 STREET AS SHOWN ON SAID RECORD OF SURVEY THROUGH THE VARIOUS COURSES: 1. N17°52'42"W, 360.00 FEET; 2. N72°15'38"E, 115.00 FEET; 3. N17°52'42"W, 50.00 FEET; 4. N72'15'38"E, 148.00 FEET; THENCE N17'52'42"W 45.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY; THENCE S72°15,38,,W, 298.00 FEET; THENCE N17'52~42,,W, 115.00 FEET; THENCE N72'15'38"E, 298.00 FEET TO A POINT ON THE WESTERI~Y RIGHT- OF-WAY LINE OF SAID THIRD STREET; THENCE N17°52~42-W, 50.00 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 10 OF QUARTER SECTION 142 AS SHOWN ON SAID MAP NO. 505 RECORDS OF SAID COUNTY; THENCE N17°15'38"E, 2.00 FEET; THENCE N17'52'42"W, 30.00 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY; THENCE S72'15~38,,W, 200.00 FEET; THENCE NORTHERLY TO A POINT ON THE NORTHERLY LINE OF LOT 7 OF SAID QUARTER SECTION 142 THROUGH THE FOLLOWING VARIOUS COURSES: 1. N17°52'42"W, 87.00 FEET; 2. N72°13'23"E, 15.00 FEET; 3. N17°52'42"W, 213.00 FEET; THENCE S72o13,23,,W, 7.00 FEET ALONG SAID NORTHERLY LINE; THENCE N17'52'42"W, 370.51 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OXFORD STREET AS SHOWN ON SAID RECORD OF SURVEY NO. 2667 RECORDS OF SAID COUNTY; THENCE N72'12~50,,E, 190.00 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID THIRD STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE N18°38'00"W, 1322.17 FEET ALONG SAID WESTERLY RIGHT-OF-WAY TO A POINT ON THE NORTHERLY LINE OF NAPLES STREET, FORMERLY SIXTH STREET AS SHOWN ON MAP OF CASTLE PARK, MAP NO. 1752 RECORDS OF SAID COUNTY; THENCE NTl'29'00"E, 701.51 FEET ALONG SAID NORTHERLY LINE OF NAPLES STREET TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE WESTERLY HALF OF BLOCK 2 OF SAID MAP OF CASTLE PARK; THENCE S18'35'00"E, 1221.81 FEET ALONG SAID EASTERLY LINE AND IT'S PROLONGATION TO A POINT ON THE SOUTHEAST CORNER OF LOT 10 OF BLOCK 11 OF SAID MAP; THENCE S71°27'00"W, 4.00 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT; THENCE S18°35,00,,E, 180.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID OXFORD STREET AS SHOWN ON RECORD OF SURVEY NO. 10696 RECORDS OF SAID COUNTY; THENCE NTl°45,55,,E, 4.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE NORTHEASTERLY CORNER OF LOT 3 OF QUARTER SECTION 142 AS SHOWN ON SAID RECORD OF SURVEY; THENCE S18'17'39"E, 290.67 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE S71°46'14"W, 333.22 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHERLY LINE OF KENNEDY STREET AS SHOWN ON PARCEL MAP NO. 2805 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. S17°52'20"E, 150.00 FEET; 2. S72°11'40"W, 127.50 FEET; 3. S17~52'20"E, 205.50 FEET; THENCE S71°45,52,!W, 142.75 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 17.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°04,45" AN ARC DISTANCE OF 27.51 FEET TO A POINT ON THE 10 EASTERLY RIGHT-OF-WAY LINE OF SAID THIRD STREET AS SHOWN ON SAID PARCEL MAp; THENCE S18°18,53,,E, 287.44 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO THE SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE N71'46'52"E, 330.00 FEET ALONG THE SOUTH LINE OF SAID PARCEL; THENCE S18°18,53,,E, 290.67 FEET ALONG THE SOUTHWESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PALOMAR STREET AS SHOWN ON RECORD OF 'SURVEY NO. 1750 RECORDS OF SAID COUNTY; THENCE N71'48'O5"E, 110.00 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF A LINE WHICH IS PARALLEL AND 440.00 FEET EAST OF THE EASTERLY RIGHT-OF-WAY OF SAID THIRD STREET; THENCE S18°16,35,,E, 1404.16 FEET ALONG SAID PARALLEL LINE AND IT'S PROLONGATION TO A POINT ON THE SOUTHERLY LINE OF QUINTARD STREET AS SHOWN ON PARCEL MAP NO. 2101 RECORDS OF SAID COUNTY; THENCE S71'25'43"W, 304.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE S18°37'12"E, 145.00 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP; THENCE S71'25'43"W, 136.00 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF SAID THIRD STREET AS SHOWN ON SAID PARCEL MAp; THENCE S18°36'10"E, 330.26 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID THIRD STREET AS SHOWN ON SAID PARCEL MAp NO. 15164 RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT- OF-WAY LINE AND PROLONGATION TO A POINT ON THE CENTERLINE OF A 20.00 FOOT ALLEY MEASURED AT RIGHT ANGLES AS SHOWN WITHIN BLOCK 122 OF SAID OTAY MAp NO. 263 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. S00°16'll"W, 200.65 FEET; 2. S89°43'49"E, 8.00 FEET; 3. S00°16'll"W, 60.00 FEET; 4. N89°43'49"W, 10.00 FEET; 5. S00°16'll"W, 1052.40 FEET; THENCE S89°42,02,,E, 100.00 FEET ALONG SAID CENTERLINE TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 4 OF SAID BLOCK; THENCE S00'16'11"W, 370.00 FEET ALONG THE EASTERLY LINE AND PROLONGATION TO A POINT ON THE SOUTHEASTERLY CORNER OF LOT 45 OF BLOCK 15 AS SHOWN ON SAID MAP NO. 263 RECORDS OF SAID COUNTY SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 20.00 FOOT ALLEY MEASURED AT RIGHT ANGLES; THENCE S89'48'06"E, 50.00 FEET ALONG SAID NORTHERLY ALLEY RIGHT-OF-WAY TO THE SOUTHEASTERLY CORNER OF LOT 43 OF SAID BLOCK; THENCE S00'16'll"W, 400.00 FEET ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 43 TO THE NORTHEASTERLY CORNER OF LOT 6 OF BLOCK 10 AS SHOWN ON SAID MAp SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF A 20.00 FOOT ALLEY MEASURED AT RIGHT ANGLES; THENCE N89°48'06"W, 138.00 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID ALLEY TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID THIRD STREET AS DESCRIBED PER INSTRUMENT NO. 254417, RECORDS OF SAID COUNTY, FORMERLY FOURTH STREET ON SAID MAP NO. 263 RECORDS OF SAID COUNTY; THENCE S00°16,11,,W, 140.00 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE NORTHERLY LINE OF ZENITH STREET, FORMERLY 1ST STREET AS SHOWN ON SAID MAP; THENCE S89'48'06"E, 113.00 FEET 11 ALONG SAID NORTHERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 44 OF BLOCK 3 AS SHOWN ON SAID MAP; THENCE S00'16'ii"W, 220.00 FEET ALONG THE EASTERLY LINE OF SAID LOT AND IT ' S PROLONGATION TO IT ' S SOUTHEASTERLY CORNER SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 20.00 FOOT ALLEY MEASURED AT RIGHT ANGLES AS SHOWN WITHIN SAID BLOCK; THENCE S89'39'19"E, 1795.00 FEET TO A POINT ON THE WESTERLY LINE OF ALBANY AVENUE SAID POINT ALSO BEING THE EASTERLY LINE OF SAID OTAY MAP NO. 263 RECORDS OF SAID COUNTYr THENCE N00°12'32"E, 140.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY; THENCE S89°46'08"E, 370.00 FEET; THENCE S00'12'32"W, 100.00 FEET; THENCE S89°39'00"E, 558.57 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 1125 RECORDS OF SAID COUNTY SAID POINT ALSO BEING ON THE WESTERLY LINE OF PARCEL MAp NO. 8092 RECORDS OF SAID COUNTY; THENCE NO0'01'51"E, 24.38 FEET ALONG THE WESTERLY LINE TO THE NORTHWESTERLY CORNER OF PARCEL 4 OF SAID PARCEL MAp; THENCE S89°39'00"E, 461.16 FEET ALONG THE NORTHERLY LINES OF PARCELS 4 AND 1 TO THE EASTERLY LINE OF SAID PARCEL MAp SAID POINT BEING ON THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 23 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN; THENCE N00'01'51"E, 426.12 FEET ALONG SAID EASTERLY LINE TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S89°38'55"E, 719.36 FEET ALONG THE SOUTHERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF HILLTOP DRIVE AS SHOWN ON HOLIDAY ESTATES UNIT NO. 3 MAP NO. 5896 RECORDS OF SAID COUNTY; THENCE S00°04'O0,,E, 570.35 FEET ALONG SAID EASTERLY RIGHT- OF-WAY LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY RAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'38'40" AN ARC DISTANCE OF 39.1I FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF MAIN STREET AS SHOWN ON SAID MAP; THENCE S89'42'40"E, 611.11 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON RECORD OF SURVEY NO. 12307 RECORDS OF SAID COUNTY SAID POINT ALSO BEING ON THE EASTERLY LINE OF SECTION 23; THENCE N00°23'12"E, 348.81 FEET ALONG THE WESTERLY LINE OF SAID RECORD OF SURVEY TO THE MOST SOUTHERLY CORNER OF LOT 9 OF DEERPARK CHULA VISTA MAp NO. 7920 RECORDS OF SAID COUNTY SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF PALM ROAD AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE MOST SOUTHERLY POINT OF LOT 3 AS SHOWN ON SAID RECORD OF SURVEY THROUGH THE FOLLOWING VARIOUS COURSES: 1. N31°12'52"E, 290.14 FEET; 2. N17°39'35"E, 90.06 FEET; 3. N30°ll'40"E, 114.88 FEET; 4. N27°46'39"E, 98.07 FEET; 5. N24°24'06"E, 50.03 FEET; 6. N83°48'02"E, 24.86 FEET; 7. NO0°50'43"W, 3.68 FEET; THENCE CONTINUING NORTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE NORTHEASTERLY CORNER OF SAID LOT SAID POINT BEING ON 12 THE NORTHERLY LINE OF SECTION 24 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON SAID RECORD OF SURVEY THROUGH THE FOLLOWING VARIOUS COURSES: 1. N43'41'53"E, 72.60 FEET; 2. N19°22'19"E, 100.19 FEET; 3. N00°O2'21"E, 222.66 FEET; THENCE N89°34'27"E, 655.59 FEET ALONG THE NORTHERLY LINE OF SAID RECORD OF SURVEY TO THE SOUTHEASTERLY COP~NER OF LOT 23 OF LARKHAVEN CHULA VISTA UNIT NO. 2 HAP NO. 7435 RECORDS OF SAID COUNTY~ THENCE N00°52'50"W, 15.00 FEET ALONG THE EASTERLY LINE OF SAID LOT; THENCE N89°07'lO"E, 898.95 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WALNUT DRIVE TO THE SOUTHEASTERLY CORNER OF LOT 102 AS SHOWN ON LARKHAVEN CHULA VISTA NO. 3 HAP NO. 7590 RECORDS OF SAID COUNTY; THENCE S00°01'12"W, 15.00 FEET TO THE SOUTHWESTERLY CORNER OF LOT 9 AS SHOWN ON PRINCESS MANOR UNIT NO. 9 MAP NO. 6174 RECORDS OF SAID COUNTY SAID POINT BEING ON THE NORTHERLY LINE OF SAID SECTION 24; THENCE N89'33'05"E, 660.08 FEET ALONG THE SOUTHERLY LINE OF SAID HAP TO THE SOUTHEASTERLY CORNER OF LOT 1 OF SAID HAp SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF LOT 1 AND THE NORTH QUARTER OF SAID SECTION 24 AS SHOWN ON HAP NO. 7848 RECORDS OF SAID COUNTY; THENCE S00'14'14"E, 866.60 FEET ALONG THE EASTERLY LINE OF SAID LOT TO THE NORTHEASTERLY CORNER OF LOT NO. 96 AS SHOWN ON SAID RECORD OF SURVEY NO. 12307 RECORDS OF SAID COUNTY; THENCE S00°12'56"W, 435.05 FEET ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HAIN STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AS SHOWN ON SAID RECORD OF SURVEY TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE WEST HALF OF SAID SECTION 24 AS SHOWN ON PARCEL HAP NO. 4307 RECORDS OF SAID COUNTY THROUGH THE FOLLOWING VARIOUS COURSES: 1. S89°35'37"W, 671.21 FEET; 2. N00'04'49"W, 17.00 FEET; 3. S89°35'37"W, 516.85 FEET; 4. S00°17'27"E, 17.00 FEET; 5. S89°35'37"W, 123.19 FEET; THENCE S00°09'25"E, 1318.66 FEET ALONG SAID WESTERLY LINE TO IT'S INTERSECTION WITH THE COMMON CITY BOUNDARY LINE FOR THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO AS SHOWN ON SAID PARCEL MAP; THENCE S00°09'25',E, 50.28 FEET CONTINUING ALONG SAID WESTERLY LINE TO THE SOUTH QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION AS SHOWN ON SAID PARCEL HAP; THENCE S00°24'35"E, 1333.29 FEET CONTINUING ALONG SAID WESTERLY LINE AND COMMON CITY BOUNDARY TO THE CENTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE S89°21'40"W, 1308.92 FEET ALONG THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION AND SAID COMMON CITY BOUNDARY LINE TO THE EASTERLY QUARTER OF SAID SOUTHWEST QUARTER AS SHOWN ON SAID PARCEL HAP; THENCE NO0'35'13"W, 1329.24 FEET ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER AND SAID COM~ON CITY BOUNDARY LINE TO THE WEST QUARTER OF SAID SECTION 24 AS SHOWN ON SAID PARCEL HAp; THENCE N89'41'20"W, 1359.03 FEET ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 23 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN AND SAID COMMON 13 CITY BOUNDARY LINE TO THE NORTH QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23 AS SHOWN ON RECORD OF SURVEY NO. 4303 RECORDS OF SAID COUNTY; THENCE S00'15'49"E, 1324.52 FEET ALONG THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23 AND COMMON CITY BOUNDARY LINE TO THE CENTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE N89'29'58"W, 1367.59 FEET ALONG THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23 AND COMMON CITY BOUNDARY LINE TO THE WEST QUARTER CORNER OF THE SOUTHEAST QUARTER OF SAIH SECTION 23 AS SHOWN ON RECORD OF SURVEY NO. 1830 RECORDS OF SAID COUNTY; THENCE NO0°OS'43"E, 1317.71 FEET ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23 AS SHOWN ON SAID RECORD OF SURVEY AND SAID COMMON CITY BOUNDARY TO THE CENTER OF SAID SECTION 23 AS SHOWN ON RECORD OF SURVEY NO. 7479 RECORDS OF SAID COUNTY; THENCE N89'53'27"W, 2659.07 FEET ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 23 AND SAID COMMON CITY BOUNDARY LINE TO THE WEST QUARTER OF SAID SECTION 23 AS SHOWN ON SAID RECORD OF SURVEY; THENCE N89°53'48"W, 5305.07 FEET ALONG THE NORTHERLY LINE OF THE SOUTH HALF OF SECTION 22 TOWNSHIP 18 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN AND SAID COMMON CITY BOUNDARY TO A POINT WHICH IS DISTANT THEREOF S89°53'48"E, 33.00 FEET FROM THE WEST QUARTER OF SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY SAID POINT BEING ON THE COMMON RIGHT-OF-WAY OF SAID HOLLISTER STREET AND SAN DIEGO AND ARIZONA EASTERN RAILROAD AS SHOWN ON SAID PARCEL MAP NO. 4276 RECORDS OF SAID COUNTY AND ALSO BEING THE POINT OF BEGINNING. 14 EXCEPTION NO. EXCEPTING THEREFROM ALL THAT CERTAIN AREA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE EASTERLY RIGHT-OF- WAY LINE OF THE INTERSTATE 5 FREEWAY AND THE SOUTHERLY LINE OF A 250 FOOT EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY SHOWN AS THE SOUTHWESTERLY CORNER OF RECORD OF SURVEY NO. 11463 RE'CORDS OF SAID COUNTY; THENCE S72°32'20"E, 286.76 FEET ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY; THENCE S56'21'50"E, 822.99 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO A POINT ON THE SOUTHERLY LINE OF SECTION 166 AS SHOWN ON MAP NO. 505 RECORDS OF SAID COUNTY; THENCE N71'38'51"E, 137.25 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INDUSTRIAL BOULEVARD AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF NAPLES STREET AS SHOWN ON RECORD OF SURVEY NO. 8738 RECORDS OF SAID COUNTY, THROUGH THE FOLLOWING VARIOUS COURSES: 1. N17°55'55"W, 228.38 FEET 2. S56°21'50"E, 3.22 FEET 3. N18°27'31"W, 1128.18 FEET; THENCE N71'36'15"E, 80.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF SAID INDUSTRIAL BOULEVARD; THENCE N18'27'O2"W, 1284.94 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO IT'S INTERSECTION WITH THE CENTERLINE OF MOSS STREET AS SHOWN ON RECORD OF SURVEY NO. 10058 RECORDS OF SAID COUNTY; THENCE N17°52'lS"W, 1284.27 FEET CONTINUING ALONG SAID RIGHT-OF-WAY TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF "L" STREET AS SHOWN ON STATE HIGHWAY RIGHT-OF-WAY MAP NO. L0-2524; THENCE S71°32'00"W, 569.23 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF BAY BOULEVARD AS SHOWN ON SAID STATE HIGHWAY RIGHT-OF-WAY MAP; THENCE S02°43'29"W, 1366.60 FEET ALONG THE EASTERLY RIGHT-OF-WAY OF SAID BAY BOULEVARD TO THE SOUTHWESTERLY CORNER OF SECTION 165 AS SHOWN ON RECORD OF SURVEY NO. 11896 RECORDS OF SAID COUNTY; THENCE S02°43'29"W, 2348.14 FEET CONTINUING ALONG SAID EASTERLY RIGHT-OF- WAY TO A POINT ON THE NORTHERLY LINE ON PALOMAR STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE S82°56'34"E, 1088.15 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE 5 FREEWAY AS SHOWN ON STATE HIGHWAY RIGHT-OF-WAY MAp NO. L0-2521; THENCE NORTHERLY ALONG SAID EASTERLY STATE HIGHWAY RIGHT- OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1200.00 FEET THROUGH THE FOLLOWING VARIOUS COURSES: 1. N19°28'41"W, 172.91 FEET 2. N44°43'58"W, 265.68 FEET 3. N21°58'37"W, 94.04 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°54'45'' AN ARC DISTANCE OF 291.38 FEET ; THENCE N08°03'52"W, 45.68 FEET CONTINUING ALONG SAID STATE HIGHWAY RIGHT-OF-WAY AS SHOWN ON SAID STATE HIGHWAY RIGHT-OF-WAY MAP L0-2522 TO THE POINT OF BEGINNING. 15 EXCEPTING THEREFROM ALL THAT CERTAIN AREA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE NORTHEASTERLY CORNER OF LOT NO.232 AS RECORDED PER WHITTINGTON'S SUBDIVISION NO. 10, MAP NO. 4353, RECORDS OF SAID COUNTY; THENCE S00'07'30"W, 899.82 FEET A~ONG THE EASTERLY LINE OF SAID SUBDIVISION TO IT'S MOST SOUTHEASTERLY CORNER, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF LOT NO. 208 AS SHOWN ON SAID MAP; THENCE N89°36'OO"W, 614.87 FEET ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THIRD STREET SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 199 AS SHOWN ON SAID MAP; THENCE N00°06'00"E, 903.30 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET AS SHOWN ON WHITTINGTON'S SUBDIVISION NO. 9, MAP NO. 4291 RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'13~15'' AN ARC DISTANCE OF 39.37 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF MAIN STREET AS SHOWN ON SAID SUBDIVISION NO. 9; THENCE S89°40'45"E, 590.17 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID MAIN STREET AS SHOWN ON SAID SUBDIVISION TO THE POINT OF BEGINNING. CONTAINING A TOTAL AREA OF 1064.00 ACRES MORE OR LESS. 16 EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS EXHIBIT C SOUTHWEST REDEVELOPMENT PROJECT AREA DRAFF PROJECTS LIST The following generally outlines the public agency projects proposed by the Agency. The noted "projected costs" are estimates only and subject to inflationary increases and financing costs. The cost estimates are also subject to further revision and refinement as each project is selected for implementation. I. TRAFFIC/CIRCULATION IMPROVEMENTS 1. Broadway. J Street to the southern ci_ty limit - Improve roadway, construct and improve landscape medians, provide street lights, landscaping and pedestrian improvements. Projected Cost: $3,000,000. 2. Main Street, Interstate 5 to Interstate 805 - Construction of bridge and interchange improvements at I-5 and Main Street intersection and at Otay Valley Road and I7805, improve roadway, construct curbs, gutters, sidewalks, medians and parking improvements, widen street to uniform city standard, provide street lights, landscaping utility undergrounding and pedestrian and bicycle improvements. Projected cost: $8,300,000. 3. Palomar, Bay Boulevard tO Broadway - Improve roadway, construct medians, curbs, gutters, sidewalks and parking improvements. Provide street lights, landscaping, underground utilities and pedestrian and bicycle improvement. Projected cost: $5,000,000. 4. Palomar, Broadway. Orange Avenue Intersection - Reconstruct and re-route traffic flow, replan and redesign, and acquire necessary property for reconfiguration. Projected cost $12,000,000. 5. Bay Boulevard. L Street to the southern ci_ty boundary - Widen and improve roadway, construct gutters, curbs, sidewalks, landscape medians, parking improvements and provide street lights, landscaping and pedestrian and bicycle improvements. Projected cost: $5,500,000. 6. Third Avenue. Naples to the Southern ci_ty boundary_ - Improve and widen roadway, construct curbs, gutters, sidewalks, landscape medians and parking improvements. Projected cost: $2,000,000. 7. Naples Street, Broadway to Industrial - Street construction, curbs, gutters, sidewalks, landscape medians, street lights and pedestrian improvements. Projected cost: $1,500,000. 8. Bridges. Palomar and I-5 and at Main Street and I-5 - Bridge widening and redesign. Projected cost: $2,000,000. 9. Palomar and Industrial. Trolley crossing - Road widening and trolley crossing improvements. Projected cost: $750,000. 10. Woodlawn Park - Replanning and redesign of existing streets, purchase of property for replanning, construction of curbs, gutters, sidewalksr pedestrian and bicycle improvements. Projected cost: $3,000,000. 11. Broderick'~ Otay Acres Roadway, curbs, gutters, and sidewalk constructions, construction of connector streets and east-west drainage, utility undergrounding. Projected cost: $2,000,000. 12. General Transportation Improvements - Improve and wide roadways, construct curbs, gutters and sidewalks in Project Area street identified as deficient by the "Missing Improvements List" prepared by the City's Engineering Department. Projected cost: $800,000. TRAFFIC/CIRCULATION IMPROVEMENTS, TOTAL PROJECTS COST $45,850,000 I1. SEWER AND DRAINAGE IMPROVEMENTS 1. Sewage System - Upgrading and installation of a monitoring system. Projected cost: $1,500,000. 2. Industrial Boulevard, Palomar to Anita - Construction of sewer parallel. Projected cost: $800,000. 3. Palomar and Quintard - Construction of sewer parallel. Projected cost: $400,000. 4. Arizona and Broadway - Construction of drainage improvements. Projected cost: $1,850,000. 5. Residential Areas - Construction of necessary drainage improvements in the residential neighborhoods of Broderick's Otay Acres and Woodlawn Park. Projected cost: $2,000,000. SEWER & DRAINAGE IMPROVEMENTS, TOTAL PROJECTS COST: $6,550,000 IlL COMMUNITY FACILITIES/SCHOOL IMPROVEMENTS 1. Community parks throughout the project and adjacent area - Acquire, develop, and/or improve community parks with adequate facilities and parking areas. Park improvements and/or development include but are not limited to the following areas: Woodlawn Park, Broderick's Otay Acres, Castle Park, SDG&E Bayfront Property, West Fairfield, East Fairfield, Palomar and Orange area, Main Street industrial corridor, Oxfor~ and Otay Town. Projected cost: $20,000,000. 2. Otay River Valley ooen space/park proje~:t - Land acquisition of park and open space area wi'thin the planned Otay River Valley Regional park, restoration of natural habitat, construction of passive park recreation uses. Projected cost: $10,000,000. 3. School Site Size Increase - Purchase of 15 acres at 6 school sites, increasing each facility to minimum State standard of 10 usable acres. Projected cost: $3,750,000. 4. Otay Elementary_ School Relocation - Relocation of elementary school away from hazardous high voltage transmission lines. Projected cost: $10,000,000. 5. School Facility Modernization - Schools serving the Project Area require construction of additional classrooms, restrooms, and rehabilitation of outdated athletic and classroom facilities and construction of school libraries. Projected cost: $13,000,000. 6. Chula Vista School Distriq:t Administration and Assessment Center Increased space required for district administration offices and student assessment center, including required parking. Projected cost: $1,700,000. 7. Rehabilitation and Reconstruction - Existing facilities at Castle Park Middle School and Chula Vista Junior High School require repair and reconstruction. Projected cost: $17,700,000. 8. Sweetwater Union High School District Offices - Administration center construction of additional office space and parking. Projected cost: $4,500,000. 9. Castle Park Middle School - Enlarge school facility for athletic field area, street and parking improvements to accommodate parent/student drop off area. Projected cost: $350,000. 10. Chula Vista Junior High School - Property acquisition for enlargement of athletic area. Construction of drainage improvements. Projected cost: $450,000. 11/5/90 11 City Communication. Emergency_ Operating Center. Administrative Maintenance F6¢ilities and Civic Center Improvements - Improvement of existing Fire and Police Communication system - reconstruction, replanning, and construction of adequate city maintenance facilities. Improvement and expansion of Civic Center. Projected cost: $25,400,000. 12 Library Facilities - Improve and expand library facilities. Purchase of land and construction of library buildings. Projected cost: $6,000,000. 13 Fire Protection - Improvement in water pressure and flow to project area and snrrounding areas for fire safety. Projected cost: $2,000,000. 14 Cultural Center - Projected cost: $8,400,000. 15 Community Center - Project will consist of construction of 20,000 square foot community center with offices and instructional rooms for public meetings and classes. Projected cost: $3,400,000. COMMUNITY FACILITIES/SCItOOL IMPROVEMENTS, TOTAL PROJECTED COST: $126,650,000 IV. COMMUNITY DEVELOPMENT PROGRAMS 1. Provide commercial rehabilitation fund. Projected cost: $20,000,000. 2. Provide land assembly funds for various projects. Projected cost: $28,000,000. 3. Provide funds for rehabilitation or architecturally significant and historic structures. Projected cost: $2,000,000. 4. Provide funds for relocation and/or retention of commercial/industrial facilities. Projected cost: $26,000,000. 5. Provide funds for demolition of dilapidated structures. Projected cost: $4,000,000. 6. Provide funds for planning services to conduct design/implementation program studies. Projected cost: $1,000,000. COMMUNITY DEVELOPMENT PROGRAMS, TOTAL PROJECIED COST: $81,000,000 VI. HOUSING/LOW MODERATE INCOME ASSISTANCE As provided by Section 33354.2a of the Health and Safety Code, not less than 20% of all taxes which are allocated to the Agency through tax increment financing shall be used by the Agency for the purpose of increasing, improving or preserving the community's supply of low and moderate income housing. This assistance will be provided in the form of rehabilitation grants to low and moderate income household owners, through the construction of Iow and moderate income units, and through the encouragement of development of rental units held at Iow and moderate income levels. TOTAL PROJECTED COST OF ALL PROJECTS: $260,050,000 11/5/90 November 6, 1990 TO: Members of the Planning Commission VIA: Bob Leiter, Planning Director~7/~'/~ ~ FROM: Douglas D. Reid, Environmental Review Coordin SUBJECT: Candidate CEQA Findings/Overriding Considerations Southwest Redevelopment Project (EIR-90-08) Attached for your consideration are copies of the Candidate CEQA Findings and proposed Statement of Overriding Considerations. Any action on these documents should take place subsequent to considera- tion of the Southwest Redevelopment plan. DDR:je Attachments CHULA VISTA SOUTHWEST REDEVELOPMENT PROJECT EIR-90-08 (SCH #90010620) CANDIDATE C£QA FINDINGS IN ACCORDANCE WITH SECTION 21081 ON THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF TITLE 14 OF THE CALIFORNIA ADMINISTRATION CODE NOVEMBER 1990 I. INTRODUCTION Section 21081 of the California Environmental Quality Act (CEQA) requires that no project shall be approved by a public agency when significant environmental effects have been identified, unless one of the following findings is made and supported by substantial evidence in the record: 1) Changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Final Environmental Impact Report (EIR). 2) Changes or alterations are the responsibility of another public agency and not the agency making the finding. 3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final £IR. The following findings are made relative to the conclusions of the Final EIR for the proposed Chula Vista Southwest Redevelopment Project (SCH #90010620) and all documents, maps, and illustrations listed in Section VI of these findings. The project's discretionary actions include the following: Approval of the Southwest Redevelopment Project (including the formation of a Redevelopment Project Area, Redevelopment Plan, Owner Participation Agreement and Relocation Plan) The Southwest Redevelopment Project is the proposed redevelopment of a 1040.6 acre area within the City of Chula Vista. Chula Vista is located approximately seven miles south of San Diego and one mile east of the southernmost part of San Diego Bay. As shown in Figure 3-1, the Project Area includes: the mercantile and office commercial, heavy commercial, research and limited industrial zoned properties adjacent to Broadway from James Street to Naples Street; the commercial and industrial zoned property bounded by L Street, the railroad right-of-way, Moss Street, and Broadway (Harborside ~A~); the property bounded by Palomar Street on the south, Bay Boulevard on the east, the City limits on the west, and the extension of L Street on the north; the property bounded by I-5 on the east and south and the City limits on the west (West Fairfield); the railroad right-of-way from L Street to the southern City limits; the property north of Ada Street, west of the railroad right-of-way; the property south of and adjacent to Palomar Street between Broadway and the railroad right-of-way; the parcels adjacent to the Palomar and Orange intersection; all the property bounded by the City limits on the south, the railroad right-of-way on the west, Main Street on the north, and Rios Avenue on the east; the residential neighborhood of Woodlawn Park; most of the parcels north of and adjacent to Main Street from the railroad right-of-way on the west and Hilltop Drive on the east; and the commercial and industrial zoned property along both sides of Third Avenue from Naples Street south to Main Street. -1- II. CITY OF CHULA VISTA FINDINGS 1) The City of Chula Vista, having reviewed and considered the information contained in the record and the Final EIR for the Chula Vista Southwest Redevelopment Project finds that changes have been incorporated into the project which mitigate, avoid, or reduce the level of identified impacts to insignificance or to levels acceptable to the City, by measures identified in the Final EIR. 2) The City of Chula Vista Planning Commission has determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding concerns. The City of Chula Vista having reviewed and considered the information contained in the Final £IR and the record, finds that none of the significant environmental effects anticipated as a result of the proposed project are within the responsibility of another public agency except for air quality and water supply and water quality and sewage disposal. 4) The City of Chula Vista, having reviewed and considered the information contained in the Final EIR and the record, finds that no specific economic, social, or other considerations make infeasible the mitigation measures identified in the £IR. 5) The Planning Commission acknowledges that these Recommended C£QA Findings are advisory and do not bind the City Council from adopting findings to the contrary if they are supported by substantial evidence in the record. The City of Chula Vista~s Threshold/Standards, adopted November 17, 1987, were developed to assure that the quality of life enjoyed by the city's residents is maintained while growth occurs. That quality of life is also important to those who wish to develop within the City. Implementation of the Threshold/Standards program assures that significant, adverse impacts are avoided or reduced through sound planning and that public services and the quality of the environment will be preserved and enhanced. Based on these threshold/standards, changes have been incorporated into the project to mitigate or avoid environmental effects. The eight issues addressed in the Threshold/Standards are discussed in Sections III, IV, and V below. III. SIGNIFICANT, UNMITIGATED IMPACTS 1) Air Quality Impact Project vehicular and stationary emissions will increase air pollutants in the area. -2- Mitiqation 1. The Agency and private developers shall, during cleaning, grading, earth moving or excavation: control fugitive dust by regular watering, paving construction roads, or other dust preventive measures, as defined maintain equipment engines in proper tune. 2. After clearing, grading, earth moving or excavation, the Agency and private developers shall: seed and water until grass cover is grown, spread soil binders, wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind, street sweeping should silt be carried over to adjacent public thoroughfares. 3. During construction, the Agency and private developers shall: use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site, wet down areas in the late morning and after work is completed for the day, use of low sulfur fuel {0.5% by weight) for construction equipment. 4. The Agency and private developers shall phase and schedule construction activities to avoid high ozone days. 5. The Agency and private developers shall provide bikeways and convenient bicycle storage facilities, bus shelters, benches, bus pockets in the streets, and convenient access to transit stops. 6. The Agency shall comply with the changes to existing air quality regulations being proposed for enforcement by the Air Pollution Control District and which are expected to become effective in the spring of 1991. Findings It is infeasible to mitigate the project's cumulative impacts on air quality to below a level of significance. IV. SIGNIFICANT, MITIGABLE IMPACTS 1) Land Use/General Plan/Zoning The Redevelopment Project would encourage the development of the area at a more rapid pace than would occur without a redevelopment plan. The Project would result in the development of some previously vacant lands and changes in land uses in conformance with the General Plan. As redevelopment occurs, residential or business access may be impacted by increased noise, traffic, and dust from construction activities. The number of dwelling units and commercial uses in the area may decrease from the replacement of legal, non-conforming residential uses with industrial uses. Mitiaation 1. The Agency and private sector development shall strictly adhere to Goals, Objectives and Policy Statements of the General Plan which refer to preservation of landforms, seismic safety, and engineering considerations during development and redevelopment. 2. Specific soil and §eotechnical reports shall be required by the City for individual redevelopment projects as set forth in the Engineering subsection of the Hillside Development Section of the Land Use Element. Findina All significant impacts associated with Land Use/General Plan/Zoning will be mitigated to below a level of significance by the mitigation measures delineated above. 2) Transportation and Circulation Impact The Redevelopment Project would create increased traffic volumes within the Project Area. Several roadway sections in the project area would carry traffic volumes that exceed the planning levels shown for their classification in the Circulation Element of the General Plan. Further study of all the signalized intersections along these sections indicated that all would operate at Level of Service C or better except one, Otay Valley Road and Melrose Avenue. Mitiqation 1. The Agency or City shall implement the circulation improvements contained in Table 3-1 of this EIR, to the extent financially feasible. 2. The City of Chula Vista is maintaining a traffic monitoring program to insure that the threshold standards are not exceeded. The intersection of Otay Valley Road and Melrose Avenue must be improved when those standards are met. Installing parking restrictions on both sides of Otay Valley Road in the vicinity of the intersection, and restriping for the roadway to carry six lanes of traffic will satisfy the need for mitigation. Analysis shows the intersection will generate at EOS C or better after full redevelopment of the Southwest Area, and at full buildout to projected General Plan Land Uses. -4- 3. Improvements to the Circulation System described in the City Circulation Element shall be completed through publicly and privately initiated projects. Finding All significant impacts associated with Transportation and circulation will be mitigated to below a level of significance by the mitigation measures delineated below. Noise Impact Redevelopment may generate greater traffic volumes and non-stationary noise sources and increase noise sources associated with the urban environment. Short-term noise would result from construction activities, although this would be limited in duration. Mitiqation 1. ?he Redevelopment Plan and its associated specific projects shall be in conformance with the goals, objectives and policies contained in the Chula Vista Noise Element. 2. The City shall require the preparation of acoustical studies prior to the approval of projects which may expose noise-sensitive receptors to noise levels exceeding regulations set forth in the City Noise Ordinance, and detail mitigation measures to ensure that conditions within the Noise Ordinance are met. 3. The City shall issue construction permits limited to weekday hours with the least noise sensitivity to reduce short-term construction noise intrusions. 4. Construction permits shall specify construction access routing to minimize construction truck traffic past existing residential, hotel/motel or other noise sensitive uses. 5. Construction activities shall be screened from adjacent noise-sensitive land uses using fencing. 6. All construction equipment, fixed or mobile, operated within 1,O00 feet of a dwelling unit, shall be equipped with properly operating and maintained muffler exhaust systems. 7. New residential uses shall be sited with enough set-back to meet the City's land use compatibility criterion, or be buffered from noise impacts by perimeter walls, double-paned windows, room or central air conditioning, weather-proofing and insulation. 8. Sound insulation in all new multi-family residential construction shall be installed as required by State law. -5# Findinq All significant impacts associated with noise will be mitigated to below a level of significance by the mitigation measures delineated above. 4) Schools Impact Employment-related population increases to the area would increase enrollment in schools currently over capacity. Mitiqation 1. The Redevelopment process provides a mechanism to allow the school districts to negotiate for the distribution of tax increment revenues. 2. The school districts may reevaluate the need for collecting school impact fees for non-residential development. 3. The Agency shall implement the school improvements contained in Table 3-1 of this EIR, to the extent financially feasible. 4. As described by the City's Thresholds/Standards Policy, development forecasts will be provided annually to both districts. Findinqs All significant impacts associated with schools will be mitigated to below a level of significance by the mitigation measures delineated above. 5) Parks/Recreation Impact Insufficient park land presently exists to serve the Redevelopment Project Area. Mitiqation 1. The inclusion of Lauderbach Park and the proposed park at Fourth and Orange Avenue in the Redevelopment Projects List will allow redevelopment funds to be used for the development and improvement of these two parks. 2. The implementation of park development impact fees for all new development within the project area will serve to provide additional funding for the acquisition and improvement of parks. -6- Findinq All significant impacts associated with Parks/Recreation will be mitigated to below a level of significance by the mitigation measures delineated above. V. INSIGNIFICANT {ADVERSE} IMPACTS 1} Landform Alteration - No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. The Agency and private sector development shall strictly adhere to Goals, Objectives and Policy Statements of the General Plan which refer to preservation of landforms, seismic safety, and engineering considerations during development and redevelopment. 2. Specific soil geotechnical reports shall be required by the City for individual redevelopment projects as set forth in the Engineering subsection of the Hillside Development Section of the Land Use Element. 2) Water Resources No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. Drainage improvements contained in the Redevelopment Projects List shall be constructed so that development in the project area and surrounding areas will not increase flooding hazards. 2. Goals, Objectives, and Policy Statements contained within the Land Use, Safety, and Conservation and Open Space Elements which relate to development within the floodplain, groundwater quality and provision of adequate drainage facilities shall be implemented wherever possible. 3. Requirements contained in the City's Zoning Ordinance shall be followed when development is proposed in or near drainage channels. 4. Grading shall be limited to dry months to minimize problems associated with sediment transport during construction. 5. Revegetation of disturbed or newly constructed slopes shall be done as soon as possible utilizing native or drought-tolerant plant materials. 6. All new development will be consistent with the City's Threshold/Standards policy for drainage. 3) Biological Resources No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: -7- I. Retention of woodland areas in undisturbed open space is necessary to help to preserve this resource. 2. All development projects proposed near or adjacent to woodland areas should be assessed on a project-by-project basis to ensure that no significant impacts will occur, particularly alteration of topography that substantially alter drainage patterns of surface water flowing into habitat areas. 3. If wetland habitat is lost because of development, significant compensation (possibly 10:1, C-15) will be required. The replacement habitat must be functional before implementation of the project. 4) Light and Glare No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. Adoption of a low pressure sodium street light policy and standards for street lights to minimize off-site illumination. 2. Design review shall include the following with regard to lighting plans: Use of low pressure sodium street lights for outdoor lighting. This light source can be filtered to reduce impacts on astronomical observations. Restrict heights of all exterior lights. Direct light and shielding to minimize off-site illumination. Restrict the hours of exterior light usage for park, recreation and school facilities and for promotional lighting. Regulate land use compatibility for highly illuminated land uses, such as ball fields, tennis courts and outdoor stadiums through the development review process. Require point-by-point lighting and glare plans for commercial, industrial and institutional developments which restrict reflective exterior materials, such as mirrored panels or very white stucco. Encourage commercial, industrial and institutional developments to minimize use of exterior lights during non-use late-night hours. As the City redesigns local roadways to accommodate anticipated growth, special attention should be paid to potential impacts from vehicle headlights. -8- 5) Natural Resources - No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. Goals and Objectives contained in the Conservation and Open Space Element of the General Plan shall be implemented as they relate to conservation of natural resources, including water conservation and reclamation. 2. Soil shall be stockpiled and reused wherever possible for revegetation purposes during topsoil removal operations. 6) Risk of Upset No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. The City shall review new industrial development within the project area to ensure that existing adjacent residential uses are not adversely impacted. 2. The City shall actively implement their code enforcement program to minimize the number of industrial businesses located in the project area that are in violation of local City codes. 7) Utilities - No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. Future development shall be in compliance with the City's Thresholds/Standards Policy to reduce impacts to water service; development shall adhere to state laws pertaining to appliance efficiency standards; water conservation measures shall be implemented wherever possible; the City shall participate in METRO sewer system expansion, implement a water reclamation program, and adhere to policies within the General Plan pertaining to wastewater service; businesses and residences shall be encouraged to utilize the recycling program provided by local disposal services; new residential developments shall be equipped with trash compactors. 8) Archaeological/Historical Resources No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. Site-specific surveys shall be conducted before implementation of individual projects to identify the existence of cultural resources. 2. Historic preservation shall occur with implementation of goals and objectives of the Conservation and Open Space Element of the General Plans, as they pertain to archaeological/historical resources. -g- 3. The City shall provide funds for the rehabilitation of architecturally significant and historically significant structures as described under Community Development programs listed in Table 3-1 of this EIR (Redevelopment Projects List). 9) Libraries - No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. Approve and construct the planned library at Fourth and Orange. 10) Population - No mitigation measures recommended. 11) Population - No mitigation measures recommended. 12) Public Services (except schools and libraries) No mitigation measures recommended. 13) Energy No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. All developments will be consistent with the City's "Policy for the Conservation of Energy and Water Within the City of Chula Vista." 2. All new developments will adhere to Objectives 1, 2, and 3 of Goal ! in the City's Conservation and Open Space Element. 14) Human Health - No mitigation measures are recommended. 15) Aesthetics No significant impacts were identified for the project. However, the following measures will serve to further reduce impacts: 1. The Redevelopment Plan shall be in compliance with aesthetic quality goals and policies of the General Plan and the Montgomery Specific Plan. 2. Area development shall be reviewed by a design review committee for the purpose of assessing the aesthetic value and quality of each site on a project-by-project basis. 3. Project area circulation improvements shall conform to safety measures outlined in the Circulation element of the General Plan. WPC 8539P -10- STATEMENT OF OVERRIDING CONSIDERATIONS EIR-90-08 BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines promulgated pursuant thereto provide: a. CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. Where agencies have taken action resulting in environmental damage without explaining the reasons which supported the decision, courts have invalidated the action. b. Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a) (2) or (a) (3). c. If an agency makes a statement of overriding considerations, the state- ment should be included in the record of the project approval and should be mentioned in the Notice of Determination. (EIR Guidelines, Section 15093) THE STATEMENTS 1. The existing subdivision of lots into parcels that are inadequate for proper development and redevelopment. A review of parcel maps for the Project Area shows that many of the parcels are either narrow deep lots, irregularly shaped, and/or dysfunctionally configured. Further, these lots are held by a variety of owners. These conditions make it difficult for the private sector to recycle/redevelop older deteriorated structures. Modern planning and development standards require greater setbacks, open space areas and off-street parking facilities than can be accommodated on existing lots as subdivided. 2. There is existing land use incompatibility throughout the Project area. The unplanned mixing of commercial, light industrial, heavy industrial and residential uses within the Project Area causes traffic circulation problems, as well as noise and visual pollution. In some instances, the heavy industrial uses on the south side of Main Street have intruded into the natural habitat area of the Otay River floodplain and wetlands. There are other friction points where residential subdivisions abut industrial uses. This adjacency is especially prevalent in the West Fairfield area. The proposed project would increase the potential to overcome these problems. -2- 3. The existence of inadequate public improvements and facilities. The high concentration of commercial and industrial uses in the Project Area results in overuse of existing improvements and facilities. Streets, curbs, gutters and sidewalks are substandard and in need of repair. Additional open space and recreational areas are also needed in the Project Area. The proposed project would create the financial ability to resolve these issues. 4. The desire to increase open space and protect environmentally sensitive areas; to rehabilitate physically obsolete, dilapidated or substandard structures; to rehabilitate existing buildings; to construct, reconstruct, redesign, or reuse streets, utilities, curbs, gutters, sidewalks and other associated public improvements; to improve the circulation and drainage systems; to construct and/or reconstruct off-street parking facilities; and to improve and provide additional recreation facilities are all important elements of the project and would enhance the project area. 5. The desire to revitalize and upgrade commercial, public, business park and professional/institutional properties and public right-of-ways in order to: provide adequate roadways; provide adequate drainage; improve public ~acilities, services and infrastructure; provide adequate parking, reduce the cost of providing City services; and promote aesthetic and environmental actions and improvements that will make the Project Area a better place to live, work, shop and enjoy leisure time are also elements of the project.