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Home My WebLink AboutAgenda Statement 1978/06/13 Item 10CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No, to For meeting of 6/13/78 Acknowledging Receipt of the Town Centre II Redevelopment ITEM TITLE Resolution 9 1 3 flan and Report and Setting July 13, 1978 as the Date For a Joint Public Hearing For Consideration of the Same ~~ SUBMITTED BY Community Development Director '.~ ~~ ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES. N0~) State law requires that before the approval of a redevelopment plan a public hearing on the plan shall be conducted. As an alternative to conducting separate public hearings the Redevelopment Agency and the City Council with the consent of both, may hold a joint public hearing. Staff is suggesting that the joint public hearing take place on Thursday, July 13, 1978 at 7:00 p. m., in the Council Chambers. JTS:fpw tXhltS115 Agreement Resolution X Ordinance Plat Notification List Development Other Plan ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT STAFF RECOMMENDATION Approve Resolution BOARD/COMMISSION RECOMMENDATION Project Area Committee - Adopt Redevelopment Plan g p p g O V E L ~, b;I z;,~.~., ~^ i1 1•:.. f. •~~ ~' ~ L1r ~! L~ ~~ ~ 1 trhula yi i;a, G~,i::b c,yr.~.~, ~eite ..~ COUNCIL ACTION ` ~ii ~- t '~,..y ~' ._ ~ ''~Qi . MMUNITY GEVELOPMENT DEPARTMENT ., ~ ~ f •~. 1 ~.,t, / r if t:•11 rat , •-{~ > H r,+tl~-t t i. `ik! 1~-!a. _ _ _. ~~- - ('ity o~ C'~nu.Qa vista CALIFORNIA June 8, 1978 Dear Property Owner: As you may be aware, the Redevelopment Agency of the City of Chula Vista is considering a portion of the central area of the City as a redevelopment project. In order to ensure that you, as a property owner, are well informed on the progress of this project, enclosed is a copy of the Notice of Public Hearing concerning the adoption of a. Redevelopment Plan for the Town Centre II Redevelopment Project Area. Several copies of the Plan have been placed in the Public Library should you be interested in reviewing the document. Additionally, copies of the Plan are available in the Community Development Department of the City of Chula Vista. In compliance with the provisions of the Community Redevelopment Law, it is necessary to formally notify you that, due to the fact that the Agency is granted the power of eminent domain, all property contained within the project area boundaries is subject to acquisition by purchase or by condemnation. It is anticipated that these provisions will be sparingly used. For further discussion of this and other issues relative to the Plan, please attend the Joint Public Hearing scheduled for July 13, 1978. If you have any questions or desire further information, please do not hesitate to contact the Community Development Department at 575-5047. Yours very truly, V~~ ~~, __ "~-F ~- Lane F. Cole, Executive~~Director City of Chula Vista Redevelopment Agency LFC: as Enclosures t r~ ~, n 6~( C.2 ~ IJc- -~'n.ccc ~c ~. C-~-~C- ~ ~ h-~-u~'/X~ /~.Q CQ--~ 3 276 FOURTH AVENUE CHULA VISTA, CALIFORNIA 92010 TELEPHONE 575-5047 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA WILL HOLD A JOINT PUBLIC HEARING AS PROVIDED BY SECTION 33355 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA for the purpose of considering the adoption of a Redevelopment Plan for the area herein described and entitled Chula Vista Town Centre II Redevelopment Project. The project area, in general terms, is located between Jefferson and Garrett Avenues, south from the north side of H Street to I Street. (See map on reverse side. ) In general, the goal of the Chula Vista Town Centre II Redevelopment Project is basically directed towards the revitalization of the area as the principal regional shopping center of the South Bay. Owner and tenant participation, encouragement of residential uses and the enforcement of design standards are several of the means proposed to accomplish the goal of the Project. Copies of the Project Plan, including a map of the area are on file with the City Clerk; in addition, the Plan is available at the Chula Vista Public Library for review. For further information telephone 575-5047. SAID JOINT HEARING WILL BE HELD BY THE CITY COUNCIL/REDEVELOPMENT AGENCY ON THURSDAY, JULY 13, 1978, AT 7:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA at which time any person having any objections to the proposed Redevelopment Plan, or who denies the existence of blight in the proposed project area, or objects to the regularity of the prior proceedings, may appear before the City Council/Redevelopment Agency and show cause wh he proposed Plan should not be adopted. G~~~ Community Development Director Date June 8, 1978 ~~ ~; ~' r ~ a~ I 1 ~ 3, ~ ..! wr ~ G W ~. ~ a i ~ - J f r I I: ~ e 7 ; i :: ~ °, :~ ~ r - ~ + r •• I _-~ ~ :. ~- ~~ ` ~~ -_ - 1, d ~ ' I JI ~ M~iE~,Ea '-~ ' Q ~ ~ ~ ~ ~ ~ I y: ~, I ~ r I . ~= j ~ , ;e r ~ .~ -~~ . . A , ~ ,; ..,• sn TO . i ~,~,I -, , : V!!t\I CENTRE NO. ~ ~~ ~~ - ~ : = : _ - - ~I ~= i ~ = o ~~ 8~~ ~ ~ ~' •~~ - I I ..r I _ -_ J ~~ r_~ ~ - _--_ --^ _-- L .. / / i ~ I ~ ____ ~_ ~ _ .. .. - ~~. .. - -:_~ STREET .~ I ..~,~.~._~ ,~r ~, ~---- , ~ ~ , I,I,~~----- . rt~r+ ~~ .:,; - .~J ~:J ~------ - ~ ' r . t~ i t°~' ~- . I I J 1. ~._ __ _ ___-- - , ~ _. , _ ~ -- - - 1 ~ -t r- .: .. .. -' II+ -_ - ~~. 4 1 ~ PRELIMINARY C__ ~s~._.__----- ~i a CEf _ ~a;t_ i.trt I ~. / _ S , .` ~ `~~~ .ter i _ I . _ 't s -- r I i_ i - _; ,1 ~ W - t __ _. i.- ~- -- ~--- .~ ~ q - __ --- ~. BOUNDARY ~~,I,r i-... ^l TOUIN CENTRE REDEVELOPMENT No. 2 PLAN 33 City of Chula Vista Redevelopment Agency Town Centre No. II Project Redevelopment Plan TOWN CENTRE N0. II PROJECT AREA REDEVELOPMENT PLAN City Council/Agency Members Will T. Hyde, Mayor/Chairman Frank A. Scott Lauren I. Egdahl Greg R. Cox James E. Hobel Project Area Committee Members Thomas Huntington, Chairman I(yle Stewart Vivian Dennie Stanley Glenn Phil Creaser Prepared by: The Community Development Department City of Chula Vista Lane F. Cole, Executive Director Paul G. Desrochers, Community Development Director George D. Lindberg, City Attorney Clifton E. Reed, Special Counsel Daniel M. Pass, AIP, Senior Planner '~33 TABLE OF CONTENTS Article I INTRODUCTION II GENERAL DEFINITIONS III PROJECT AREA BOUNDARIES IV PROPOSED REDEVELOPMENT ACTIONS (AGENCY) V CONFORMITY WITH GENERAL PLAN/PRELIMINARY PLAN VI PERMITTED USES AND CONTROLS VII METHODS FOR FINANCING THE PROJECT VIII ACTIONS BY THE CITY IX ENFORCEMENT OF THE PLAN X DURATION OF THE PLAN XI AhiEND~1ENT XII NEIGHBORHOOD IMPACT ELEMENT APPENDIX Exhibit A BOUNDARY MAP 6 PLAN DIAGRAM 33 Page ARTICLE I - INTRODUCTION Section 100 Format and Preparation 100.1 The redevelopment plan for the Town Centre No. II Project Area of the City of Chula Vista con fists of Part ~: Plan Text, and Part II: Appendices. The development plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California, pursuant to the Community Redevelopment Law of the State of California; the Charter of the City of Chula Vista; the By-Laws of the Redevelopment Aclency of the City of Chula Vista; and all applicable local ordinances and State statutes. Section 110 Project Goal The goal of this redevelopment project is to revitalize the Town Centre No. II Project Area as the principal regional shopping center of the South Bay. Section 120 The objectives of the plan are.: A. Elimination of blighting influences, including incompatible land uses, obsolete structures, inadequate parking facilities, unsightly or unattractive signage and graphics, and inadequate landscape and townscape planning. B. Elimination of environmental, economic, social, platting, and physical deficiencies. C. The strengthening of the mercantile posture of Town Centre No. II, and the improvement of retail trade therein. D. The renewal of Town Centre No. II's physical plant and the improvement of its land use patterns and spatial relationships. E. The retention and expansion of viable land uses, commercial enterprises, and public facilities within the area. F. The attraction of capital and new business enterprises to the project area. G. The comprehensive beautification of the area, including its buildings, open space, streetscape, street furniture, graphics, and signage. H. Protection of peripheral residential enjoyment and land use integrity I. The accommodation of future local and regional mass transit and related facilities; improvement of offstreet parking areas and provision for a mini-transit intra-project system. X33 -2- J. The establishment of design standards to assure desirable site design and environmental quality. K. The fostering of cooperation between the Town Centre No. II Project Area and the Chula Vista Town Centre Project Area (No. I), and the protection of the goals, objectives, and economic resurgence of the latter. L. The continuing promotion of Subarea 1 of the Chula Vista Town Centre (#1) Project Area, as the principal center of specialty- goods purveyance in the South Bay Subregion. ARTICLE II - GENERAL DEFINITIONS Section 200 As used in this plan, the following words shall mean: 200.1 "A encY" - The Redevelopment Agency of the City of Chula Vista, C ornia 200.2 "Cjty" - The City of Chula Vista, California 200.3 "City Council" - The City Council of the City of Chula Vista 200.4 "Committee" - Chula Vista Town Centre Project Area Committee, when acting as advisory committee for the Town Centre No. II Project Area. 200.5 "Planning Commission" - The City of Chula Vista Planning Commission 200.6 "Plan" - The Town Centre No. II Redevelopment Project Plan 200.7 "Project Area" - The redevelopment project consists of the Chula Vista/Sears Shopping Center complex, and adjacent lands. The legal description of this area is contained in Section 300 of this document. 200.8 "Redevelopment Law" - The Community Redevelopment Law of the State of California (California State Health and Safety Code, Sections 33000 et. seq.) 200.9 "Specific Plan" - A precise plan primarily designated to implement the redevelopment plan for the Town Centre No. II area. 200.10 "State" - The State of California 200.11 "Urban Core" - The heart of the City of Chula Vista. The urban core includes the Central Business District and the Civic Center, and lands immediately peripheral thereto. The Town Centre No. II Project Area is situated close to the core, and, from the standpoint of trade and exchange, is an extension thereof. 3~ -3- 200.12 "Zoning Plan" - A specific plan under which building heights, building bulk, and land use are regulated, and under which territory is partitioned into regulatory districts or zones. Unless otherwise provided, the zoning plan shall mean the zoning maps and regulations of the City of Chula Vista 200.13 "Design Review Board"- A Design Review Board,'consisting of highly qualified persons with an interest in the fields of urban design and representatives from City staff advises the Project Area Committee and Agency on matters of urban design and townscape planning significance within the Chula Vista Town Centre Project Area (No. I), and reviews develop- mental proposals which would be sited therein. It is proposed that the jurisdiction of the Board be extended to the Town Centre No. II Project Area. The Board will evaluate develop- ment proposals as they relate to the Design Manual and the intent of this plan 200.14 "Design Manual" - the Agency's official statement of design policy for the Town Centre No. I Project Area. It embodies developmental criteria and guidelines therefor. It is the project area's townscape plan, and addresses such matters as texture, spatial relationships, amenity, aesthetic quality, landscaping, courtyards, plazas, parking design, etc. The Town Centre No. II Addendum to the Design Manual shall provide the guidelines for the townscape planning of the Chula Vista/ Sears Shopping Center area. 200.15 "Procedure Manual"- The Procedures Manual of the Town Centre No. I Project Area, which was established for the use and guidance of the City/Agency staff, the Agency and developers/ participants for the purpose of promoting a high-level of order in the processing of developmental projects, shall also be applicable to projects proposed for the Town Centre No. II Area. ARTICLE III - PROJECT AREA BOUNDARIES Section 300 Boundary Description 300.1 The boundaries of the project are shown on the boundary map attached hereto as Exhibit A in the Appendix of this plan. A legal description of the boundaries of this project follows: March 8, 1978 File No. HO 002 TOWN CENTRE NO. 2 Boundary Description Those portions of quarter sections 138, 147, 148, 163 and 164 of Chula Vista according to map thereof No. 505, filed in the office of the County Recorder, County of San Diego, State of California, described as follows: Beginning at the northeast corner of lot 14 of said ; sec. 148; 1. thence westerly, along the northerly line of said lot 14, and its westerly prolongation, a distance of 1320 ft. more or less to the westerly line of Fifth Avenue; 2. thence southerly, along said westerly line, a distance of 480 ft. more or less to the northerly line of the 16 ft. wide alley lying between "H" St. and Otis St. as shown on Map Nos. 2659 and 2779, records of said county; 3. thence westerly, along said northerly line, 608.94 ft. to the easterly line of Smith Avenue as shown on said map 2779; 4. thence westerly, in a straight line, 50 ft. more or less to the westerly line of Smith Avenue and the northerly line of the 15 ft. wide alley lying between "H" Street and Otis Street as shown on Map No. 1626, records of said County; 5. thence westerly, along the northerly line of said alley, and its westerly prolongation, a distance of 679 ft. more or less to the westerly line of Broadway; 6. thence northerly, along said westerly line, a distance of 150 ft. more or less to the easterly prolongation of the northerly line of parcels 1, 2, and 3 of parcel map 2462, records of said County; 7. thence westerly, along said northerly line, a distance of 219.70 ft. to the easterly line of said parcels 2 and 3; 8• thence southerly, along said easterly line, 290.15 ft. to the northerly line of "H" Street; 9. thence westerly, along the northerly line of "H" Street, 380 ft. to the northerly prolongation of the easterly line of Bay Vista Unit No. 3 per map thereof No. 2851, records of said County; '/33 -2- 10. thence southerly, along said line, 700 ft. more or less to the northerly line of Glenmar subdivision per map thereof No. 2933, records of said County; 11. thence easterly, along said northerly line, a distance of 100.16 ft. to the westerly line of Madison Avenue; 12. thence southerly, along said westerly line, a distance of 621.39 ft. to the northerly line of "I" Street; 13. thence easterly, along said northerly line, 50 ft. to the easterly line of Madison Avenue; 14. thence northerly, along said easterly line, 621 ft. more or less to the northerly line of said Glenmar subdivision; 15. thence easterly, along said northerly line, 270 ft. to the easterly line of said Glenmar; 16. thence southerly, along said easterly line, 481.31 ft. to the southerly line of said Glenmar; 17. thence westerly, along said southerly line, 70 ft.; 18. thence southerly, parallel with 'the westerly line of Broadway, a distance of 180 ft. to the southerly line of "I" Street; 19. thence easterly, along the southerly line of "I" Street, 2440 ft. more or less to the southerly prolongation of the easterly line of Fig Avenue as shown on map 3137, records of said County; 20. thence northerly, along said easterly line, 206 ft. to the easterly prolongation of the southerly line of lot 1 of Custom Builders No. 2 subdivision per map thereof No. 3137, records of said County; 21. thence westerly, along said southerly line, 150 ft. to the westerly line of said subdivision; 22. thence northerly, along said westerly line, 764.62 ft. to the southerly line of Shasta Street as shown on Map No. 3322, records of said County; 23. thence easterly, along said southerly line, 315.5 ft. more or less to the southerly prolongation of the easterly line of lot 9 of Valhalla per map thereof No. 3342, records of said County; 24. thence northerly, along said easterly line, 154.11 ft. to the northerly line of said Valhalla subdivision; i33 -3- 25. thence easterly, along said northerly line, and its easterly prolongation, 305 ft. to the westerly line of Fourth Avenue; 26. thence northerly, along said westerly line, 16.5 ft. more or less to the westerly prolongation of the southerly line of lot 4 of L.C.Oaklands' subdivision per map thereof No. 1421, records of said County; 27. thence easterly, along said southerly line of said lot 4 and its easterly prolongation, 440 ft. more or less to the westerly line of Glover Avenue; 28. thence northerly, along said westerly line and its northerly prolongation, 223.5 ft. more or less to the northerly line of "H" Street; 29. thence easterly, along said northerly line, 213 ft. more or less to the easterly line of the westerly 47 ft. of lot 12 of Prays' Orange Villa Tract per map thereof No. 1718, records of said County; 30. thence northerly, along said easterly line, 290.7 ft. more or less, to the northerly line of said Prays' Orange Villa Tract; 31. thence westerly, along said northerly line, 423 ft. to the northwest corner of lot 16 of said tract;- 32. thence southerly, along said westerly line, 90.45 ft. to the southerly line of lot 21 0~ said tract; 33. thence westerly, along said southerly line, and its westerly prolongation, 230 ft to the westerly line. of Fourth. Avenue; 34. thence northerly, along said westerly line, 420 ft. more or less to the point of beginning. By: William F. Gaines WFG:mt X33 ARTICLE IV - PROPOSED REDEVELOPMENT ACTIONS (AGENCY) Section 400 General Summary 400.1 In order to achieve the objectives of the redevelopment plan, the Agency proposes to undertake and implement the following actions: A. Owner and Tenant Participation (Section 410) B. Cooperation with Public Entities (Section 420) C. Property Management (Section 430) D. Relocation of Residents and Businesses (Section 440) E. Demolition, Clearance, Public Improvements and Site Preparation (Section 450) F. Acquisition of Property (Section 460) G. Property Disposition (Section 470) Section 410 Owner and Tenant Participation 410.1 Whenever possible, persons who are owners of real property in the project area shall be given the opportunity, pursuant to the rules promulgated by the Agency, to participate in redevelopment by the retention of all or a portion of their property, or by the acquisition of adjacent or other property from the Agency by purchase or exchange. Such participation in each case is contingent upon the execution by the owner of a binding agreement by which the property retained or acquired will be developed in conformity with the plan and subject to the provisions thereof. 410.2 Owner participation will be subject to such factors as, but not limited to, the condition of the improvements, the re- duction in the total number of parking spaces within the project area, the elimination of certain land uses, the vacation of streets, the construction of new public improve- ments, and the ability of owners to finance acquisition and development in accordance with the plan. 410.3 The Agency shall also extend reasonable preference to persons who are engaged in business in the project area to re-enter into business within the project area if they otherwise meet the requirements prescribed by the plan. X33 Section 420 Cooperation with Public Entities 420.1 Certain public entities are authorized by State law to cooperate with or without consideration in the planning and undertaking of the construction or operation of this project. The Agency shall seek the aid and cooperation of these public bodies and shall attempt to coordinate this plan with the activities of such public bodies in order to accomplish the purposes of redevelopment in the highest public good. 420.2 The Agency is authorized but not required to make payments in lieu of property taxes to one or more taxing agencies. The Agency recognizes that the power contained in Section 33670 of the Redevelopment Law can affect the capacity of taxing agencies to provide public services. Accordingly, the Agency will not propose to utilize this method to finance this project. Section 430 Property Management 430.1 During such time as property in the project area is owned by the Agency, said property shall be under the management and control of the Agency. Subject property may be rented or leased by the Agency pending its disposition for redevelop- ment. Section 440 Relocation of Residents and Businesses 440.1 Displaced residents shall be relocated by the to the relocation plan plan may be amended by the purposes set forth approved by the Agency. the Agency as necessary in this plan. Agency pursuant The relocation to accomplish 440.2 The Agency or its designated agent shall assist all who may be displaced by project activities in finding other dwellings or business locations. In order to carry out the project with a minimum of hardship to persons displaced from their homes, individuals and families shall be assisted in finding housing that is decent, safe, and sanitary, within their financial means, reasonably convenient in location and otherwise suitable to their needs. 440.3 The Agency shall make relocation payments to displaced persons including families, business concerns and others for moving expenses and other direct losses of personal property or any other benefits as required by the California Uniform Relocation Law. i33 440.4 A. Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of the Town Centre #II redevelopment project, the agency shall, within four years of such destruction or removal, rehab- ilitate, develop or construct, or cause to be rehabili- tated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable rents within the project area or within the City of Chula Vista. B. (1) At least 30 percent of all new or rehabilitated dwelling units developed within the project area by the agency shall be for persons and families of low and moderate income. Of such 30 percent, not less than 50 percent thereof shall be for very low income households. (2) At least 15 percent of all new or rehabilitated dwelling units developed within the project area by public or private entities or persons other than the agency shall be for persons and families of low or moderate income. Of such 15 percent, not less than 40 percent thereof shall be for very low income households. (3) The requirements of this subdivision shall apply in the aggregate to housing in the project area and not to each individual case of rehabilitation development, or construction of dwelling units. C. The agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to subdivision (a) or (b) remain for persons or families of low or moderate income and very low income households, respectively, for not less than the period of the land use controls established in the redevelopment plan. ~t33 Section 450 Demolition, Clearance, Public Improvements and Site Preparation 450.1 The Agency is authorized to clear buildings, structures, and other improvements from any real property in the project area as necessary to carry out the purposes of the plan. 450.2 The Agency is authorized to cause, provide, undertake or to make provisions with any person or public entity for the installation or construction of such public improvements or public utilities, either within or outside of the project area as are necessary to carry out the plan. Such public improvements include, but are not limited to, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, street trees, electrical distribution systems, natural gas distribution systems, water distribu- tion systems, fire hydrants, parks, plazas, motor vehicle parking facilities, landscaping and pedestrian malls. 450.3 The Agency is authorzed to prepare or cause to be prepared as a building site any real property owned by the Agency within the limits of applicable law. 450.4 The Agency is authorized to rehabilitate any building or structure owned by the Agency within the limits of applicable law. 450.5 The Agency is authorized to assist, through advice and en- couragement, the owners of real property within the project area to conserve or rehabilitate their premises. 450.6 In accordance with City regulations, and as necessary in carrying out the plan, the Agency is authorized to move or cause to be moved any structure or building to a location within or outside of the project area. Section 460 Acquisition of Property 460.1 The Agency may acquire, but is not compelled to acquire, all real property located within the project area. -The Agency may acquire real property by gift, devise, exchange, purchase, eminent domain, or any other lawful means. 460.2 In order to eliminate the conditions within the project area which make redevelopment necessary, and in order to implement the redevelopment plan, it is necessary, and in the public interest, for the Agency to use its power of eminent domain to acquire real property in the project area. X33 460.3 The Agency shall not acquire interest in oil, gas, or other mineral substances within the project area except where necessary to preclude drilling or excavation within the project area. 460.4 The Agency is not authorized to acquire publicly owned land in the project area in the absence of the involved public agency's consent. However, the Agency is authorized to acquire public property if it becomes private property by deed, lease, or otherwise, before the Agency completes land acquisition within the entire project area. 460.5 The Agency is authorized to acquire any or all interests in real property or structures, including but not limited to, fee titles, deeds and easements. 460.6 The Agency may not acquire real property upon which an existing building is located unless the Agency proposes to rehabilitate, redevelop, or reorganize the real property in question, and the property owner has not agreed to the execution of an official owner participation agreement. 460.7 The Agency shall generally riot acquire personal property. However, where necessary in the implementation of the plan, the Agency is authorized to acquire personal property in the project by any lawful means except eminent domain. Section 470 Property Disposition 470.1 In order to provide adequate safeguards that the process of redevelopment will be carried out pursuant to the plan, agreements for the disposition of land by the Agency, including owner participation agreements, shall include provisions recog- nizing and requiring that: A. The purchase or leasing of land is for redevelopment and not for speculation and reserving to the Agency such powers and controls as may be necessary to prevent transfer, retention or use of the property for speculation purposes. B. The land shall be built upon and/or improved in conformity with development standards of the plan and any declaration of restrictions. C. In order to insure that development and construction will be carried out in a manner which will effectuate the purposes of the plan, all developers and owner participants shall submit preliminary architectural plans, site and landscape plans, and final plans including landscaping and /3~ sign plans and specifications of the improvements proposed to be constructed on the land for architectural approval by the Agency. As a part of such plans and specifications, developers, and if required by the Agency, owner participants, shall submit time schedules for the commencement and completion of such improvements. All such plans and schedules shall be submitted within the time specified in the respective agreements with such developers and owner participants. D. By and for the contracting parties, their heirs, executors, administrators and assigns, there shall be no discrimination against, or segregation of, any person or group of persons on account of race, creed, color, national origin, or ancestry, in the sale, lease, sub-lease, transfer, use, occupancy, or enjoyment of the premises therein described, nor shall the contracting parties or any persons claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, leasees, sub-leasees, or vendees, on the premises described. i3.3 -5- ARTICLE V - CONFORMITY WITH GEPJERAL PLAPJ/PRELIMINARY PLAN Section 500 General Statement of Conformity 500.1 This plan substantially conforms to, and is a more detailed refinement of, the General Plan of the City of Chula Vista, adopted by the City Council on December 15, 1970, and amend- ments thereto. 500.2 This plan is based upon, and carries out the Preliminary Plan, heretofore adopted by the Planning Commission. ARTICLE VI - PERMITTED USES AND CONTROLS Section 600 Planning and Land _U_se Considerations 600.1 The Plan Diagram, Exhibit "B", graphically depicts the projected patterns of land use and circulation within the project area. 600.2 All of the area designated "Central Commercial" on the plan may be used as a mixture of regional-type commercial uses, including but not limited to retail, office, service, enter- tainment, educational, and auxiliary uses. The Agency, upon special request, may allow residential development in the "Central Commercial" area, provided that the proposed development is compatible with 4urrounding areas, and mani- fests adequate internal residential order and amenity. 600.3 All of the area designated "residential" on Exhibit "B" may include residential land uses and professional and administrative offices. 600.4 The redevelopment plan shall be regarded as the principal specific plan of the project area and shall take precedence where it is in conflict with the zoning regulations, or other specific plans, regulations and standards. 600.5 Streets, alleys, and other public rights-of-way may be altered, vacated, narrowed, decked over, extended, or closed where such action is essential to the orderly implementation and execution of the plan. If the implementation of the plan requires addi- tional streets, easements, or other rights-of-way, they may be acquired by the Agency or the City. 600.6 The Agency may authorize the private use of air rights over public rights-of-way. This use may take the form of buildings, platforms, decks, or other structures. Such air rights may also be used for vehicular and/or pedestrian circulation, transit, public and private utilities, or other public improvements. 600.7 The Agency is authorized to permit the establishment and expansion of public or quasi-public uses and facilities, such as but not limited to malls, promenades, parades, vest-pocket parks, and transportation stations or facilities. 933 -6- Section 610 General Controls and Limitations 610.1 All real property within the project area is subject to the provisions, controls, and requirements of the plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise change after the date of adoption of the plan, except where such development, redevelopment, rehabilitation, or other substantial change conforms with the provisions of the plan, and the guidelines embodied in the Town Centre No. II Addendum to the Design Manual. 610.2 All new construction shall comply with all applicable State statutes and locally adopted Building, Electrical, Heating and Ventilation, Housing and Public Codes. 610.3 The Agency shall endeavor to substantially increase the area of public and private open space within the project area. Open space may take the form of parks, vest-pocket parks, play areas, plazas, fountains, malls, promenades, arcades, parades, enclosures, patios, and similar landscaped enclaves. 610.4 In areas where appropriate, sufficient open space between buildings and clusters of buildings shall be maintained to provide adequate sunlight, ventilation, privacy, fire safety, and general livability. 610.5 All signs shall conform to the Standards of the City's sign ordinance, and the guidelines of the Town Centre No. II Addendum to the Design Manual. 610.6 The Agency shall assure adequate off-street parking. 610.7 The Agency shall require all utility lines and structures to be placed underground, unless it determines that under- grounding with respect to certain lines would not be econom- ically or physically feasible. 610.8 No land use or structure which, by reason of appearance, traffic, smoke, glare, noise, color, or similar factors, would be incompatible with the surrounding areas shall be permitted within the project area. 610.9 Subsequent to redevelopment, rehabilitation, or development pursuant to the plan, no parcel in the project area, including any parcel retained by a conforming owner or participant, shall be resubdivided without the prior approval of the Agency. 610.10 The Agency is authorized to grant a variation from the limits, restrictions, and controls established by the Plan. The Agency must make the following findings in each and every case, as a prerequisite to its granting of a permit for a variation. A. The application of certain provisions of the plan would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the plan; or, 9 X33 -7- B. There are exceptional circumstances or conditions applicable to the property or the proposed development which do not apply generally to other properties or developments which have the same standards, restrictions and controls; and, C. The permitting of a variation will not be materially detrimental to the public welfare or injurious to property ar improvements in the project area; and, D. The permitting of a variation will not contravene the criteria established in the Town Centre No. II Addendum to the Design Manual. In permitting a variation, the Agency shall impose such conditions as are necessary. Section 611 Environmental Review 611.1 Prior to the Agency's official consideration of a development proposal, the application and all accompanying documents shall be submitted for review in accordance with the California Environmental Quality Act of 1970, as amended. Section 620 Town Centre No. II Addendum to 'the Design P•lanual 620.1 The Agency, in cooperation with the Planning Commission, shall formulate, adopt, and make gene~^ally available a Town Centre No. II Addendum to the Chula Vista Town Centre (Town Centre No. I) Design Manual. The Addendum shall be the Agency's official statement of its design guidelines for the redevelop- ment, rehabilitation, conservation, and general development of the project area. 620.2 The Town Centre No. II Addendum to the Design Manual shall include developmental objectives and design criteria, and shall address the following: A. Three-dimensional spatial relationships, and the orderly arrangement of space and land use in the project area. B. Building coverages; building setbacks,building bulk and height; building intensity; and the siting of structures and open space. C. The preservation and promotion of the environmental quality of the project area and the urban core. D. The development of a circulation system which promotes effective communication and transportation throughout the project area and the urban core, and establishes and maintains effective linkages between the project area and other parts of the Chula Vista Planning Area, and other urban centers of the South Bay. E. Civic and environmental design requirements and features which establish the character of the project area. q~33 • -8- F. Landscape criteria; fine arts criteria; street, plaza enclosure and mall furniture criteria. 620.3 The Town Centre No. II Addendum to the Design Manual may be amended by the Agency in order to refine, update, or improve the Addendum's guidelines. Proposed amendments to the addendum shall be referred to the Planning Commission for its review, report and recommendation. Section 630 Historical Preservation 630.1 Historical sites, and structures characterized by architectural integrity should be preserved. Section 640 640.1 ~ 33 Procedures Manual The provisions and guidelines of the Procedures Manual of the Chula Vista Town Centre Project Area (Town Centre Project No. I) shall be applicative to the Town Centre No. II Project. ARTICLE VII - METHODS FOR FINANCING THE PROJECT Section 700 General Description of the Proposed Financin Methods 700.1 The Agency is authorized to finance this project with financial assistance from the City of Chula Vista, the State of California, the Federal Government, interest income, Agency funds, Lease Revenue Bonds, or any other available source. 700.2 Loans for survey and planning and for the operating capital for nominal administration of this project are to be made by the City until adequate funds are available, or sufficiently assured, to repay the loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, will also supply additional assistance through loans and grants for various public facilities. 700.3 As approved by the City Council, gas tax funds from the State of California and the County of San Diego will be used for the street system. As available, Federal loans and grants will be used to finance portions of project costs. 700.4 The Agency is authorized to issue bonds in amounts sufficient to finance all or part of the project. 700.5 The Agency is authorized to obtain advances, borrow funds, and create indebtedness in carrying out the plan. The principal and interest on such advances, funds, and in- debtedness may be paid from funds available to the Agency. Section 710 Tax Increments 710.1 The use of tax increments for the financing of this project is not provided for in this Plan. 13.3 ARTICLE VIII - ACTIONS BY THE CITY Section 800 Aid and Cooperation 800.1 The City shall aid and cooperate with the Agency in carrying out this plan and shall take any further action necessary to insure continued fulfillment of the purposes of this plan and to prevent the reoccurrence or spread in the area of conditions causing blight. Actions by the City may include but not be limited to the following: A. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys and other public rights-of-way and for other necessary modifications of the streets, the street layout and other public rights-of-way in the project area. Such action in the City may include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out thi s plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly owned public utilities within or affecting the project area. C. The 'undertaking and completing of any other proceedings necessary to carry out the project. I3.3 ARTICLE IX - ENFORCEMENT OF THE PLAN Section 900 Responsibility 900.1 The administrative enforcement of the plan or other documents formulated pursuant to this plan shall be performed by the City and the Agency. 900.2 The provisions of this plan or other documents formulated pursuant to this plan may also be enforced by court litigation instituted by either the Agency or the City. Further, any documents recorded expressly for the benefit of owners of property within the project area may be enforced by such property owners in addition to the City or the Agency. 133 ARTICLE X - DURATION OF THE PLAN Section 1000 Effective Period 1000.1 Except for the non-discrimination which shall run in perpetuity, the be effective and the provisions of pursuant to this plan may be made the date of adoption of this plan X33 and non-segregation provisions provisions of this plan shall other documents formulated effective for 25 years from by the City Council. 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