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HomeMy WebLinkAboutCC ORD 2007-2295 Approves proposed 2007 amendment to redevelopment plan (Special)ORDINANCE NO. 2007 — 2295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of National City ("City Council") has adopted and subsequently amended the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"), on November 18, 1969, by Ordinance No. 1233; on June 24, 1975, by Ordinance No. 1471; on April 13, 1976, by Ordinance No. 1505; on December 13, 1977, by Ordinance No. 1610, and subsequently amended on December 1, 1981, by Ordinance No. 1762; on May 22, 1984, by Ordinance No. 1821; on April 16, 1985, by Ordinance No. 1851; on June 18, 1991, by Ordinance No. 91-2013; on June 18, 11995 by Ordinance No. 95-2095; and on June 19, 2001, by Ordinance No. 2001-2187, incorporated herein by reference, (the "Previous Ordinances"), and has designated the Redevelopment Plan as the official redevelopment plan for the National City Redevelopment Project ("Project"); and WHEREAS, the Community Development Commission of the City of National City ("CDC") has requested that the City Council consider the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") to extend eminent domain authority to acquire vacant property, and commercial and industrial zoned properties currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"), as a last resort, to July 17, 2017. The Project Area Map for the Redevelopment Plan is attached to the Plan as Exhibit "A"; a legal description of the Project Area Boundaries is attached to the Plan as Exhibit "B"; and WHEREAS, the CDC has requested that the City Council consider the 2007 Amendment which allows the CDC to pay all or part of the value of the land and improvements for a publicly owned building, facility, structure, or other improvement within or outside of the Project Area; and WHEREAS, the CDC has requested that the City Council consider the 2007 Amendment which allows used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center District; and WHEREAS, the CDC has requested that the City Council consider the 2007 Amendment which revises Exhibit "C" of the Redevelopment Plan — "Public Facilities/Infrastructure Improvement Projects" to clarify project objectives, to eliminate the specific street names under the Street Improvements projects, and to add a Public Safety and Security project that will fund physical and technological enhancements to enhance public safety and protection; and WHEREAS, the CDC has requested that the City Council consider the 2007 Amendment which revises Exhibit "D" of the Redevelopment Plan — "Location of Real Property Potentially Subject to Acquisition by Eminent Domain" — to change the current exclusion of eminent domain on single-family homes (Exhibit "D") to include all lawful residential land uses; and Ordinance No. 2007 — 2295 July 17, 2007 Page 2 WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code Regulations Section 15000 et seq., and the local procedures adopted by the CDC pursuant thereto, the City Council and the CDC have prepared and approved a proposed Negative Declaration for the 2007 Amendment; and WHEREAS, pursuant to Section 33363 of the Health and Safety Code, part of the Community Redevelopment Law (the "Law"), the City Council has adopted the CDC's written responses to written objections received from affected taxing agencies and property owners on the 2007 Amendment to the Redevelopment Plan; and WHEREAS, pursuant to Section 33352 of the Health and Safety Code, the City Council has acknowledged receipt from the CDC of the CDC's Report to the City Council regarding the 2007 Amendment to the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the California Health and Safety Code, public notice has been duly given, and a full and fair noticed public hearing was held on the proposed 2007 Amendment on June 19, 2007. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The 2007 Amendment to the National City Redevelopment Plan, a copy of which is attached hereto as Appendix "1" and incorporated herein by this reference, is hereby adopted and approved as the official Redevelopment Plan of the Project Area. Section 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report to the City Council, incorporated herein by reference, and all documents referenced therein, and based upon evidence and testimony received at the joint public hearing held on June 19, 2007, and received at the public hearings held prior to the adoption of the Previous Ordinances referred to hereinabove, that: Significant Blight remains within the Project Area. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law. (a) This finding is based on the City Council's findings contained in the Previous Ordinances that various blighting conditions, as that term was then defined, characterize the Project Area, and upon the Report to the City Council, which demonstrates that these blighting conditions continue to exist in the Project Area and that significant blight remains within the project area. (b) The City Council hereby finds that, despite the CDC's efforts, significant blighting conditions still exist in the Project Area and continued redevelopment is necessary to effectuate the public purposes contained in the Community Redevelopment Law. Ordinance No. 2007 — 2295 July 17, 2007 Page 3 (c) Such conditions in the Project Area are causing, and will increasingly cause, a reduction and lack of proper utilization of the Project Area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, thus requiring redevelopment in the interest of the health, safety, and general welfare of the people of the City and the State. Evidence supporting this finding includes the fact that governmental action, available to the City without redevelopment, would be insufficient to cause any significant correction of the blighting conditions; and, that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions, are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. (d) Maps depicting the locations of Structural Obsolescence, Incompatible Adjacent Uses, Deterioration and Dilapidation, and Defective Design Without Parking, all evidencing significant remaining blight in the Project Area, are attached hereto as Appendices "2", "3", "4" and "5", respectively 2. The Amended Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. Evidence supporting this finding includes the fact that the purposes of the Community Redevelopment Law would be attained through the implementation of the Amended Redevelopment Plan by: the elimination of physical and economic conditions which exist in the Project Area and which cause the Project Area to be a blighted area; by the replanning, redesign, and/or redevelopment of areas, which are stagnant or improperly utilized and which could not be accomplished by private enterprise or governmental action, or both, without redevelopment; and, by protecting and promoting the sound development and redevelopment of the Project Area and the general welfare of the citizens of the City by remedying such injurious conditions through the employment of all appropriate means. 3. The adoption and carrying out of the Amended Redevelopment Plan is economically sound and feasible. Evidence supporting this finding includes the fact that under the Amended Redevelopment Plan, the Commission will be authorized to seek and utilize a variety of potential financing resources, including property tax increment; that the nature and timing of redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment generated by new investment in the Project Area; and, that the financing plan included within the Report to Council demonstrates that sufficient financial resources will be available to carry out the redevelopment activity in the Project Area. Ordinance No. 2007 — 2295 July 17, 2007 Page 4 4. The Amended Redevelopment Plan conforms to the General Plan of the City of National City, including, but not limited to, the housing element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. 5. The carrying out of the Amended Redevelopment Plan will promote the public peace, health, safety, and welfare of the community and will effectuate the purposes and policies of the Community Redevelopment Law. Evidence supporting this finding includes the fact that redevelopment will benefit the Project Area by correcting conditions of blight, and by coordinating public and private actions to stimulate development and improve the economic and physical conditions within the Project Area, and by increasing employment opportunities within the City. 6. The condemnation of real property is necessary to the execution of the Amended Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. The extension of the eminent domain authority is necessary because the significant blight that remains within the project area cannot be eliminated without use of eminent domain. Evidence supporting this finding includes the need to assemble sites for certain public facilities, to assemble developable units for economic activity, and to eliminate the existence of and prevent the recurrences of blight. 7. The CDC has adopted a feasible method and plan for the relocation of families and persons who might be displaced temporarily or permanently from housing facilities in the Project Area. The CDC also has a feasible method and plan for its relocation of businesses. Evidence supporting this finding includes the fact that the CDC has adopted the method of relocation for the National City Redevelopment Project, which sets forth a plan for relocation of families and persons who may potentially be displaced by Commission projects; the fact that the Amended Redevelopment Plan provides for relocation assistance according to law; and, the fact that such assistance, including relocation payments constitutes a feasible method for relocation. 8. (a) There are (or are being) provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of the available to such displaced families and persons and reasonably accessible to their places of employment. Evidence supporting this finding includes provisions contained in the 1995 Amendment of the Redevelopment Plan that state, in the event that persons are to be displaced, there are sufficient existing dwellings which would be available to persons displaced by the implementation of the Amended Redevelopment Plan Ordinance No. 2007 — 2295 July 17, 2007 Page 5 (b) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law; and, dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan. Evidence supporting this finding includes the fact that the 1995 Amendment of the Redevelopment Plan requires the CDC to adopt such plans prior to any such displacement. 9. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Area pursuant to Government Code Section 33670 without other substantial justification for their inclusion. Evidence supporting this finding includes the fact that all properties within the Project Area boundaries were included because they were under-utilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Amended Redevelopment Plan or because of the need to impose uniform requirements on the Project Area as a whole. Such properties will share in the benefits of the Amended Redevelopment Plan. 10. Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the entire area of which they are a part; and, any such area is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. Evidence supporting this finding includes the fact that all properties within the Project Area boundaries were included because they were under-utilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Amended Redevelopment Plan or because of the need to impose uniform requirements on the Project Area as a whole. Such properties will share in the benefits of the Amended Redevelopment Plan. 11. Existing blight within the Project Area cannot be eliminated without the use of eminent domain. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise, acting alone without the aid and assistance of the Agency. The extension of the eminent domain authority is necessary because the significant blight that remains within the project area cannot be eliminated without use of eminent domain. Evidence supporting this finding includes the existence of blighting influences as set forth in the Report to the City Council, incorporated herein by reference, and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. Ordinance No. 2007 — 2295 July 17, 2007 Page 6 12. The requirement that a project area be predominantly urbanized as defined by Section 33320.1(b) of the Community Redevelopment Law is applicable only to a project area for which a final redevelopment plan is adopted on or after January 1, 1984, or to an area which is added to a project area by an amendment to a redevelopment plan, which amendment is adopted, nor after January 1, 1984. 13. Because at the time of adoption of their respective redevelopment plans, the component project areas which comprise the Original Area either were not subject to this requirement or were determined to be predominantly urbanized, there is no need to make a finding that the Original Area is predominantly urbanized. As set forth in the Report to the City Council, there is sufficient evidence to support the fact that the Added Area is a predominantly urbanized area. 14. The time limitation and the limitation on the number of dollars to be allocated to the CDC that are contained in the Amended Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Commission to eliminate blight within the Project Area. This finding is based upon the fact that the limitation on the number of dollars allocated to the CDC reflects the anticipated costs of the public improvement projects proposed 10 be undertaken by the CDC pursuant to the Amended Redevelopment Plan and the time limitation contained in the Amended Redevelopment Plan reflects the anticipated time for the CDC to undertake such projects. Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. Evidence supporting this finding includes the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Section 4. Pursuant to Resolution No. 2007-163, adopted on July 10, 2007, the City Council approved the Negative Declaration for the 2007 Amendment to the National City Redevelopment Plan. A copy of said Negative Declaration is on file in the office of the City Clerk, and incorporated herein by reference. Section 5. A full and fair noticed public hearing having been held on the 2007 Amendment on June 19, 2007, and the City Council having considered all evidence and testimony for and against the adoption of the 2007 Amendment and all written and oral objections thereto, and the City Council having adopted written responses to the written objections received from any affected taxing agency or property owner before or at the noticed public hearing of June 19, 2007, and this City Council being fully advised in the premises, all written and oral objections to the 2007 Amendment to the extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are hereby overruled, and the 2007 Amendment to the National City Redevelopment Project is hereby approved, as recommended by the CDC in Resolution No. 2007-167. Ordinance No. 2007 — 2295 July 17, 2007 Page 7 Section 6. The City Clerk shall publish a copy of this Ordinance as required by Law. Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the CDC, whereupon the CDC is vested with the responsibility for carrying out the 2007 Amendment to the Redevelopment Plan. Section 8. Pursuant to Section 33456 of the Health and Safety Code, the City Clerk is hereby directed to record, with the County Recorder of San Diego County, a statement that proceedings for the redevelopment of the project area have been instituted pursuant to Article 5 of Chapter 4 of Part 1 of the Community Redevelopment Law, a description of the land within the Project Area affected by the 2007 Amendment, and a general description of any change to any limitation upon the use of eminent domain resulting from the 2007 Amendment. Section 9. The City Clerk is hereby directed to transmit a copy of the statement and description and statement recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the portions of the Project Area affected by the 2007 Amendment, to the Auditor -Controller and Assessor of the County of San Diego, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the Amendment to the Redevelopment Plan. Section 10. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in a newspaper of general circulation as required by law. Section 11. If any part of this Ordinance or the Amended Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Amended Redevelopment Plan; and the City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Amended Redevelopment Plan if such invalid portion thereof had been deleted. PASSED and ADOPTED this 17th day of July, 20 on Morrison, Mayor ATTEST: APPROVED AS TO FORM: 4;46JA14 CIL Mic el Della, City CI rk George H. Eser, III City Attorney REDEVELOPMENT PLAN FOR THE NATIONAL. CITY REDEVELOPMENT PROJECT Prepared: May 8, 1995 Adopted: July 18, 1995 Amended: December 1, 1981 May 22, 1984 April 16, 1985 June 18, 1991 July 18, 1995 June 19, 2001 July 17, 2007 Prepared for: Community Development Commission of the City (A -National City 140 E. l2th Street, Suite 1-3 National City, California 91950-3312 619-336-4250 Prepared by: Rosenow Spevacek Group, Inc. 309 West 4th Street Santa Ana, California 92701 714/541-4585 APPENDIX 1 Originally adopted. July IX, 1995 Last Amended: July 17, 2007 SECTION I. (100) INTRODUCTION 1 A. (101) General 1 SECTION Ii. (200) BACKGROUND 2 SECTION IIi. (300) GENERAL DEFINITIONS 2 SECTION IV. (400) PROJECT AREA BOUNDARIES 4 SECTION V. (500) REDEVELOPMENT PLAN GOALS 4 SECTION VI. (600) REDEVELOPMENT ACTIONS A. (601) General 5 R. (602) Property Acquisition 7 C. (6(15) Participation by Owners and Persons Engaged in Business 8 D. (609) Implementing Rules 10 E. (610) Cooperation with Public Bodies 10 F. (611) Property Management 10 G. (612) Payments to Taxing Agencies 10 H. (613) Relocation of Persons Displaced by a Project 11 I. (616) Demolition, Clearance, Public improvements, Site Preparation and Removal 12 J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 13 K. (625) Property Disposition and Development 14 L. (630) Provision for Low and Moderate Income Housing 16 SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA 20 A. (701) Map and Uses Permitted 20 R. (702) Major Land Use Designations (as now provided in the General Plan) 21 C. (703) Transportation Center 21 D. (704) Public tJses 22 E. (707) Conforming Properties 23 F. (708) Nonconforming Uses 23 G. (709) Interim Uses 23 H. (710) General Controls and Limitations 24 1. (720) Design for Development 26 J. (721) Building Permits 26 SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT 27 A. (801) General Description of the Proposed Financing Methods 27 B. (802) Fax Increment Revenue 27 C. (803) CDC Bonds 34 D. (804) Other Loans and Grants 34 b,w,eft nmrn*Mnp5:2017:\nendmrnt to KcJc.Jv mrm PInn Originally adopted: July 18, 1995 Last Amended: July 1 7, 2007 E. (805) Rehabilitation Loans, Grants, and Rebates 34 SECTION IX. (900) ACTIONS BY THE CITY 35 SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT 36 SECTION XI. (1100) DURATION OF THIS PLAN 36 SECTION XII. (1200) PROCEDURE FOR AMENDMENT 37 EXHIBIT A 38 EXHIBIT B 39 EXHIBIT C 40 EXHIBIT D 41 •u ai b.vra.JircnI i2fO7 {arndr.eN io Mde.<Icpmmi P n ii Originally udopted: July Is. 1995 Last Amended July 17, 2007 REDEVELOPMENT PLAN FOR THE NATIONAL CITY REI)H:VELOPNIENT PROJECT SECTION 1. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the National City Redevelopment Project as amended ("Plan"), located in the City of National City, County of San Diego, State of California. It consists of the text (Sections 100 through 1100), the Project Area Map of Redevelopment Project Area No. 1 ("Project Area") (Exhibit "A"), the legal description of the Project Area boundaries (Exhibit "B"), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit "C"), and a map of the properties potentially subject to acquisition by eminent domain (Exhibit "D"). This Plan has been prepared by the Community Development Commission (the "CDC") pursuant to the California Community Redevelopment Law (Health and Safety ('ode Section 33000, et seq.), the ('alitornia Constitution and all applicable laws and ordinances. It 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 Plan is based upon the Preliminary Plan formulated and adopted by the National City Planning Commission and the CDC on March 7, 1994 and March 15, 1994, respectively. This Plan supersedes, by amendment and restatement, the Redevelopment Plan for the National City Downtown Redevelopment Project adopted by Ordinance Nu. 1762 on December 1, 1981, as amended by Ordinance No. 1821 adopted on May 22, 1984, Ordinance No. 1351 adopted on April 16, 1985, Ordinance No. 91-2013 adopted on June 18, 1991, Ordinance No. 95-2095 adopted on July 18, 1995, and Ordinance No. 2187 adopted on June 19, 2001. This Plan was amended again by Ordinance No. 2007-2295 adopted on July 17, 2007. This Plan will amend the preexisting Redevelopment Plan as follows: • extend the CDC's existing eminent domain authority by 1(1 years in those areas currently subject to eminent domain; • add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445; • modify Section VII (c), thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. h'wui a.nn<n,Ln<nh' 007 Nnendna,n to P.earvrl-;m<ri Ilan 1 t)nglnally adopted: July 18, 1995 Last Amended: July 17. 2007 SECTION 1I. (200) BACKGROUND The preexisting National City Downtown Redevelopment Project was comprised of seven separate project areas. Between 1969 and 1978, the City Council of the City of National City ("City Council") adopted four redevelopment projects: the T:.J. Christman Business and Industrial Park Redevelopment Project by Ordinance No. 1233 on November 18, 1969, the South Bay "Town and Country Redevelopment Project by Ordinance Nu. 1471 on June 24, 1975, the Center City Redevelopment Project by Ordinance No. 1505 on April 13, 1976, and the L.J. Christman Business and Industrial Park Redevelopment Project Amendment No. 2 by Ordinance No. 1610 on December 13, 1977. On December 1, 1981. the City Council adopted the National City Downtown Redevelopment Project by Ordinance No. 1762, merging the four preexisting redevelopment projects and incorporating additional properties to establish a 2,080-acre merged project area. The merged National City Downtown Redevelopment Project has been amended three times since its adoption: Amendment No. 1 adopted on May 22, 1984 by Ordinance No. 1821, Amendment No. 2 adopted on April 16, 1985 by Ordinance No. 1851, Amendment No. 3 adopted on June 18, 1991 by Ordinance No. 91-2013, Amendment No. 4 adopted on July 18, 1995 by Ordinance No. 95-2095, and Amendment No. 5 adopted on June 19, 2001 by Ordinance No. 2187. Of these amendments, only Amendment No. 2 increased the size of the project area, adding approximately three acres, and enlarging the merged National City Downtown Redevelopment Project Area to approximately 2,083 acres. SECTION iII. (300) GENERAL DEFINITIONS The following definitions will he used generally in the context of this Plan unless otherwise specified herein: A. "Added Area" means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit "A" and described in Exhibit "B". 13. "Annual Work Program" means that portion of the CDC"s annual budget that sets forth programs and goals to be accomplished by the CDC during the fiscal year. . "CDC" means the Community Development Commission of the City of National City, California. D. "Center City Arca' means the territories originally included in the Center City Redevelopment Project Area by Ordinance No. 1505 adopted by the City Council on April 13. 1976, and subsequently merged into the Existing Area. E. "City" means the City of National City, ('alitornia. F. "City Council" means the legislative body of the City. F..aer�Lu�.aelrnmr.?(Xis in. en[uem W Kedeve,•pmoar Plan 2 0rioinallyadopted: July IR, 1995 Last Amended July 1 7, 2007 G. "County" means the County of San Diego, California. H. "Disposition and Development Agreement" means an agreement between a developer and the CDC that sets tbrth terms and conditions for improvement and redevelopment. i. "Downtown Original Area" means the territories originally added to the Existing Area by Ordinance No. 1762 adopted by the City Council on December 1, 1981. J. "Downtown 1985 Amendment Area' means the territories originally added to the Existing Area by Ordinance No. 1851 adopted by the City Council on April 16, 1985. K. "E.J. Christman1 Arca" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area by Ordinance No. 1233 adopted by the City Council on November 18, 1969, and subsequently merged into the Existing Arca. L. "E.J. Christman2 Area" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area Amendment No. 2 by Ordinance No. 161(1 adopted by the City Council on December 13, 1977, and subsequently merged into the Existing Area. M. "Existing Area" means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit "A". N. "General Plan" means the City's General Plan, a comprehensive and long-term General Plan for the physical development of the City as provided for in Section 65300 of the California Government Code. O. "Map" means the Map of the Project Arca attached hereto as Exhibit A. P. "Method of Relocation" means the methods or plans adopted by the CDC pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to he temporarily or permanently displaced by actions of the CDC. "2007 Ordinance" means City Council Ordinance No. 2007-2295 adopted on July 17, 2007 amending this Plan. h..0wW umrnlmcn, UV' AmnM.nrm io ktic.cIv1 rem Plan 3 Oi givally adopted• July IS, 1995 Last Amended. July 17.'007 R. "Owner Participation Agreement" means an agreement between the CDC and a property owner or tenant which sets forth terms and conditions for improvement and redevelopment. S. "Person" means an individual(s), or any public or private entities. T. "Plan" means the redevelopment plan for the Project as amended. II. "Project" means the National City Redevelopment Project. V. "Project Area" means the National City Redevelopment Project Area, inclusive of the Existing Area and Added Area, which is the territory this Plan applies to, as shown on Exhibit "A". W. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. X. "South Bay Town and Country Arca" means the territories originally included in the South Bay Town and Country Redevelopment Project Area by Ordinance No. 1471 adopted by the City Council on June 24, 1975, and subsequently merged into the Existing Area. Y. "State" means the State of California. SECTION IV. (400) PROJECT AREA BOUNDARIES The boundaries of the Project Arca are illustrated on the map attached hereto and incorporated herein as Exhibit "A". The legal description of the boundaries of the Project Arca is as described in Exhibit "B" attached hereto and incorporated herein. SECTION V. (500) REDEVELOPMENT PLAN COALS Implementation of this Plan is intended to achieve the following goals: • Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic dctieiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development. • Unify City's Harbor District with the downtown area through enhanced employment, commercial. and maritime development opportunities. • Expand the commercial base of the Project Arca. o-.,.r.:J amend�nrw> 1U�7 \mrneincm to HNc.vlepmrm P an 4 Originally adopted. July 18, 1995 Last Amended. July 1 7, 2007 • Improve public facilities and public infrastructure. • Improve inadequate drainage infrastructure. • Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. • Promote local job opportunities. • Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. • Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. • Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. • Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. • Promote the rehabilitation of existing housing stock. • Increase, improve, and preserve the community's supply of affordable housing for very low, low and moderate income households. SECTION VI. (600) REDEVEI,OI'MENT ACTIONS A. (601) General The CDC proposes to eliminate and prevent the recurrence of blight, and improve the economic base of the Project Area by: 1. Acquiring, installing, developing, constructing, reconstructing, redesigning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities, and other public improvements and public facilities. N nenc.:00+ kmm7ntmen1 .• N,,:c.cicrr., Man Originally adopted July 18, 1995 Last Amended. July 17, 2007 2. Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures and improvements. 3. Rehabilitating, preserving, developing or constructing affordable housing in compliance with State law. 4. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 6. Facilitating the development or redevelopment of land for purposes and uscs consistent with this Plan. 7. Acquiring real property by purchase, lease. gift, grant, request, devise or any other lawful means (including eminent domain on a limited basis), after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off -site improvements. 10. Providing for open space. 11. Managing property owned or acquired by the CDC. 12. Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the ('ity. 13. The disposition of property including, without limitation, the lease or sale of land at a value determined by the CDC for reuse in accordance with this Plan. 14. Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan. 15. Vacating or abandoning streets, alleys. and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. h ^..nd amcnduem> 700' Am, ndmrni is KcCc• cbpmem Pler. 6 Oncinally aduptrd. July 18, 1995 La,t Amended• July 17, 2007 I6. Providing replacement housing, if any is required. 17. Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources. 18. Taking actions the CDC determines arc necessary and consistent with State, federal and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 19. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. 20. Pursuant to Health and Safety Code Section 33445, pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area provided: (1) the buildings, facilities, structures, or other improvements are of benefit to the Project Area; (2) no other reasonable means of financing the buildings, facilities, structures, or other improvements are available to the City; and (3) the payment of fiends for the acquisition of land or the cost of buildings. facilities, structures, or other improvements will assist in the elimination of blight within the Project Area. To accomplish these actions and to implement this Plan, the CDC is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the CDC may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation. by gift, grant, exchange, purchase, cooperative negotiations, lease. option, bequest, or devise. In addition, the CI)C may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit 1) incorporated herein. In the existing and added areas, single-family and multi -family residential properties are specifically excluded from the use of eminent domain. o . of 6',urie,d veri i:�¢7 ,U„a,:h„an 10 RrnlnrIopmnn PLA, 7 Originally adopted' July 18, 1995 1 au Amended. July 17. 2007 To the extent required by law, the CDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires stnictural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced within the Center City Area, the Downtown Original Area, the Downtown 1985 Amendment Area, and the Added Arca after ten (10) years following the date of adoption of the 2007 Ordinance amending this Plan. Such time limitation may be extended only by amendment of this Plan. The CDC; shall not employ eminent domain in acquiring property within the E.J. Christmanl Area, the E.J. Christinan2 Area, or the South Bay Town and County Area or in acquiring any lawfully existing residential property in the Project Area. 2. (604) Acquisition of Personal Property Where necessary in the implementation of this Plan, the CDC is authorized to acquire personal property in the Project Area by any lawful means. C. (605) Participation by Owners and Persons Engaged in Business t . (606) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the CD(.'; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the CDC's rules governing owner participation and re-entry. In addition to opportunities for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more 'wo,J.w nenzoiNkt7 Nowc¢ent io RMoeloyrnat PUo 8 Originally adopted. July IX. 1995 Last Anendcd• July 17, 2007 persons. firms or institutions, to join together in partnerships, corporations. or other joint entities. The CDC desires participation in redevelopment activities by as many owners and business tenants as possible. lIowever, participation opportunities shall necessarily be subject to and limited by such minimum factors as the expansion of public or public utilities facilities; elimination and changing of land uses; realignment of streets; the ability of the (.'DC and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. 2. (607) Reentry Preferences for Persons Engaged in Business in the Project Area The CDC shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the CDC's rules governing owner participation and re-entry. 3. (608) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan, and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall he required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement. the CD(' may declare the Agreement terminated' and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the CD(' is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the CDC determines that a proposal for participation is not feasible, is not in the best interests of the CDC or City. or that redevelopment can hest be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the CDC shall not he required to execute such an agreement. h •,,urcU.Goxlmrnts2CO, 4rnrrdrert to HcJnr!n'mrrr Ybr 9 Originally udopied: July 18, I995 Last Amended. July 17.2007 D. (609) Implementing Rules The provisions of Sections 605-608 of this Plan shall be implemented according to the rules adopted by the CDC prior to the approval of the ordinance amending this Plan, which may be amended from time to time by the Ci)C. Such rules allow for Owner Participation Agreements with the CDC. h:. (610) Cooperation with Public Bodies Certain public hodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The CDC shall seek the aid and cooperation of such puhlic bodies and shall attempt to coordinate the implementation of this Plan with the activities of such puhlic bodies in order to accomplish the purposes of redevelopment, and to achieve the highest public good. Property of a public body shall not be acquired without its consent. The CDC shall seek the cooperation of all public hodies which own or intend to acquire property in the Project Area. Any public hody which owns or leases property in the Project Area will be afforded all the privileges of owner and business tenant participation if such public hody is willing to enter into an Owner Participation Agreement with the CDC. All plans for development of property in the Project Area by a puhlic body shall be subject to CDC approval. The CDC may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public hodies will conform to the requirements of this Plan. The CDC is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Arca. F. (611) Property Manement During such time as property, if any, in the Project Area is owned by the CDC, such property shall be under the management and control of the CDC. Such properties may be rented or leased by the CDC pending their disposition. (. (612) Payments to Taxing Agencies l'hc CDC may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any city, county or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes. 1. '.. ora non p,,<ny-ate Amendmr,r ru Reae, chwicnr PJ,n 10 Originally adopted: July 18. 1995 I.ast Amended July 1 7, 2007 The CDC may also pay to any taxing agency with territory located within the Project Area, other than the City, any amounts of money which the CDC has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January 1, 1994. The payments to a taxing agency pursuant to such an agreement in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from the Project Area had been allocated to 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 has been established by agreement between the CDC and one or more taxing agencies, except a school district, if the other taxing agencies agreed to deter payments for 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 have been approved by a resolution, adopted by the CI)C, contained findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency, and that the payments are necessary to alleviate the financial burden or detriment. In the event that such an agreement described in the above paragraph does not exist between the CDC and an affected taxing agency, the CDC shall remit payments to any such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment Law. H. (613) Relocation of Persons Displaced by a Project I. (614) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.). the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including familics, business concerns, and others) displaced by CDC acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship. the CI)(' will assist displaced households in finding decent, safe and sanitary housing within their financial means. and otherwise suitable to their needs. The CI)C shall make a reasonable effort to relocate displaced individuals, familics, and comrrlercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. h.uc„YrnendmnnK':007 A,naalmeni iu Rcde.cb lnncri Plan 1 1 Otismally adopted. July 13. 1995 Last ,amended July 17. 2007 2. (615) Relocation Benefits and Assistance The CDC shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. i. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste 1. (617) Demolition and Clearance The CDC is authorized, for property acquired by the CDC or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (618) Public improvements To the extent permitted by law, the CDC is authorized to install and constnict or to cause to be installed and constricted the public improvements and puhlic utilities (within or outside the Project Arca) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems' natural gas distribution systems; cable TV and fiber optic communication systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic, cultural and recreational facilities; and pedestrian improvements. A list of proposed public facilities and infrastructure improvement projects is set forth in Exhibit "C" and incorporated herein by reference. The CDC, as it deems necessary to carry out the Plan and subject to the consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Arca, upon both the CDC Board and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, stnicture or other improvement, or both, has been, or will be, paid or provided for initially by the City or other puhlic corporation, the CDC may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Anv rani 1;nmcndmnii, ?W7 Amendment to kcjc•clopme.'t P.,n 12 Originally adopted• July 18. 1995 Last Amended July.17, 2007 obligation of the CDC under such contract shall constitute an indebtedness of the CDC for the purposes of carrying out this Plan. 3. (619) Preparation of Building Sites The (,l)C may develop as a building site any real property owned or acquired by it. In connection with such development, it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks. playgrounds and other public improvements necessary for carrying out in the Project Area this Plan. 4. (620) Removal of Hazardous Waste To the extent legally allowable, the CDC may take any actions which the CDC detemtines are necessary, and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on. under. or from property within the Project Area. J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 1. (622) Rehabilitation and Conservation The CDC is authorized to rehabilitate and conserve, or to cause to he rehabilitated and conserved, any property, building or structure in the Project Area owned by the CDC. The ('DC is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Arca not owned by the CDC to the extent permitted by the Redevelopment Law as it exists now or may be hereafter amended. The CDC is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable, and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The ('DC is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the CDC based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. n 4rnr,!aacndn,e�.i,. OO' AmcrOnmw i.• Rede,clooment Ylne 13 Originally adopted. July I8, 1995 last ,Amended lulu 17, 2007 b. F.conomic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner, and in conformance with the requirements of this Plan, and such property rehabilitation standards as may he adopted by the CDC. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The CDC may adopt property rehabilitation standards Cur the rehabilitation of properties in the Project Area. 2. (623) Moving of Structures As necessary in carrying out this Plan, the CDC is authorized to move, or to cause to he moved, any building structures or other improvements from any real property acquired which can be rehabilitated to a location within or outside the Project Area. 3. (624) Seismic Repairs For any project undertaken by the CDC within the Project Arca for building rehabilitation or alteration in construction, the CDC may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the CDC determines are necessary to provide for seismic retrofits. K. (625) Property Disposition and Development I . (626) Real Property Disposition and Development a. (627) General For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the CDC is authorized to dispose of real property h.'a m.11uueaJmort-:OD' Anrnhnrnt to Rdc,etopnran 1'lut 14 Originally adopted July 18. 1995 Last Amended: July 17, 20(77 by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the CDC acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing. Except as otherwise permitted by law, no real or personal property owned by the CDC, or any interest therein, shall be sold or leased to a private person or private entity for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. The real property acquired by the CDC in the Project Area, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may he conveyed by the CDC to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the CDC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the CDC fixes as reasonable, and to comply with other conditions which the CDC deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the CDC shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. b. (62K) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out, and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the CDC, as well as all property subject to Owner Participation Agreements, shall he made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, A ..enrNnmrndnrtnb.2f,L7 nmrn4n;enI N Redrrrinrment ?Jul 15 Originally. adopted: July IS. 1995 La,t A7ncndcd July 17, 2007 conditional use permits, or other means. Where appropriate, as determined by the CDC, 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 CDC may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The CDC shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention or use of property for speculative purposes, and to ensure that redevelopment is carried out pursuant to this Plan. The CDC shall obligate lessees and purchasers (Areal property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, scx, or marital status 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 he 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 non -segregation clauses as are required by law. 2. (629) Personal Property Disposition For the purposes of this Plan, the Ci)(' is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. L. (630) Provision for Low and Moderate Income Housing 1. (631) Definition of Terms The terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" 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. h +VIa"amendrncnts':W) AIIIMAmmt to Rccccbpmrni Rpn 16 Originally adopted July 18, 1995 Last Amended. July 17. 2007 2. (632) AuthorityGenerally The CDC may, inside or outside the Project Area: acquire real property. buildings sites, buildings, or structures; donate real property; improve real property or building sites; construct or rehabilitate buildings or structures; and take any other such actions as may he permitted by the Redevelopment Law in order to provide housing for persons and families of low or moderate income. 3. (633) Replacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income arc destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the CDC shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to he rehabilitated, developed or constructed for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the CDC. Except as otherwise permitted by law, 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, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The CDC may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. (634) New or Rehabilitated Dwelling Units Developed Within the ProLect Area Except as otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the CDC shall be available at affordable housing cost to persons and families of low or moderate income and of such thirty percent (30%). not less than fitly percent (50%) shall he available to and occupied by very low income households. At least fifteen percent (l5",%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the CDC shall be available at affordable housing cost to persons and families of low or moderate income, and of such fifteen percent (154%0), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 634 shall apply independently of the requirements of Section 633 of this Plan, and in the aggregate, to the supply of h ,+md'mnemdmcnn2 ' Trvcndn,em m Nr.nclop:ncid Ylui 17 Ot igivally adopted July 18, 1993 Last Amended. July 1 1, 2007 housing to he made available pursuant to this Section 634, and not to each individual case of rehabilitation, development or constriction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the CDC shall prepare and adopt a plan to comply with the requirements set forth above for the Project Area. The plan shall be consistent with, and may be included within the Ilousing Element of the City's General Plan. The plan shall be reviewed and, if necessary, amended at least every live (5) years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this section are met every ten (10) years. Except as otherwise permitted by law, the CDC shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Arca, such units shall be made available on a priority basis for rent or purchase, whichever the ease may be, to persons and families of low or moderate income displaced by the 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. (635) Duration of Dwelling Unit Availability The CDC shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 633 and 634 of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the CDC, but for not less than the period of the residential land use controls established in Section 1 100 of this Plan. 6. (636) Relocation Housing If insufficient suitable housing units arc available in the City for use by persons and families of low and moderate income displaced by a Project, the CDC 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. 7. (637) Increased and Improved Supply Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which arc allocated to the CDC pursuant to subdivision (b) of Section 33670 of the Redevelopment Law, and Section 602(2) and (3) of this Plan shall he used by the CDC for the purposes of increasing, improving, and preserving the City's supply of low and moderate income housing available at affordable housing costs as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of h vrrJ amc.]Tn!I . W' \mrnrlmcnt ro KcJcr-Jopmenr P.ac 1 8 Originally adopted: July IX. 1995 Last Amended: .114 1 7. 2007 the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest carried by such Low and Moderate Income Housing Fund shall accruc to the Fund. In implementing Section 637 of this Plan, the CI)C may exercise any or all of its powers including, but not limited to, the following: 1. Acquire real property or building sites. 2. Improve real property or building sites with on -site or off -site improvements, but only if either (a) the improvements arc made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, or (h).thc CDC finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate -income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California llealth and Safety Code, lower income households, as defined by Section 50079.5 of the California IIealth and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California IIealth 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. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. h -.oilxvnnmcnls'ifl* , Artmmorn'm to RMe.ckp:nmt PI.,n 19 Originally adopted: [lily IS, 1995 Last Amended. July 17, 2007 10. Maintain the community's supply of mobile homes. 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities, and which are threatened with imminent conversion to market rates. The CDC may use these funds to meet, in whole or in part, the replacement housing provisions in Section 633 of this Plan. These funds may be used inside or outside the Project Area: however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. 8. (638) Duration of Affordability Except as provided in Section 33334.3 of the Redevelopment Law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the CDC shall be required to remain available at affordable housing cost to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifteen years for rental units. However. the CDC may replace rental units with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to he replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. b. Ten years for owner -occupied units. However, the CDC may permit sales of owner -occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the CDC's investment of moneys from the Low and Moderate Income Housing Fund. SECTION VII. (700) USES PERMITTED F:I) IN THE PROJECT AREA A. (701) Map and Uses Permitted The Map attached hereto as Exhibit "A" and incorporated herein illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall he those permitted by the General Plan, City zoning ordinances and the local Coastal Plan as they now exist or may hereafter he amended. F. n. of J'auarJn.mt s fl7 nm.c]mm, to RcJca elopmrnt Pl,,n 70 Unginally adopted. July IS. 1995 1 ast Amended: July 17, 2007 B. (702) Major Land Use Designations (as now provided in the General Plan) The following land use categories are presently permitted by the General Plan: RESIDENTIAL Single -Family Large Lot (RS-I ) Single -Family Small Lot (RS-2) Single -Family Extendible (RS-3) Two Family (RT) Multifamily Extendible (RM- I ) Multifamily Limited (RM-2) Senior Citizen Housing (RM-3) COMMERCIAL General Commercial (CG) Medium Commercial (CM) Limited Commercial (CI .) Tourist Commercial (CT) Automotive Commercial (CA) Heavy Commercial (CH) IN MISTRIAL Light Manufacturing (ML) Medium Manufacturing (MM) Heavy Manufacturing (MH) Tidelands Manufacturing (MT) INS"I'ITUTIONAI. Civic institutional (IL) Private Institutional (IP) OPEN SPACE ('. (703) transportation Center This use district encompasses all parcels located within the Commercial Zones (CA and CH), any part of which zones are adjacent to National ('ity Boulevard, south of 18th Street to 33rd Street. This use is designed primarily to furnish areas for new and used automobile and truck sales and services. The objective is to provide for a complete sales and service unit for each new car dealership on land within the Transportation Center District. Independent used car sales, services, or repairs will not be permitted unless such activity is an integral part of a new vehicle dealership. Permitted uses in the transportation center use district include: h .... c. Ame ubnenwM' A.n. Jmenl In R. dc.c epn:cm plyi 21 Originally adopted. July 18, 1995 Last Amended: hily 17, 2007 • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center District. • Service and repair of trucks and automobiles when provided by new vehicle dealer on adjacent property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on adjacent property. • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealership. • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this Plan. D. (704) Public Uses 1. (705) Public Street Layout, Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit "A". The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Interstates 5 and 805 connect the Project Area to the greater metropolitan region. Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue, National City Boulevard, Ilighland Avenue, 8th Street, Civic Center Drive, and 24th Street. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional casements may he created by the CDC and ('ity 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 he retained or created. d,nmtndmUrr!':(d/, A,mcnernrnr ro Rcdc cl L.r enr Plan 22 Originally adopted: July 18, 1995 Last Amended. July 17. 2007 2. (706) Other Public and Open Space Uses Both within and, where appropriate, outside of the Project Area, the CDC may take actions to establish or enlarge public, institutional or non-protit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, eriminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall he deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances, and that such uses are approved by the City. The CDC may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. E. (707) Conforming Properties The CDC may, in its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without an Owner Participation Agreement with the CDC, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the CDC to enter into an Owner Participation Agreement with the CDC in the event that such owner desires to (1) as provided in the land use code, construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. F. (708) Nonconforming Uses The (7DC is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The CDC may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the CDC. such improvements would be compatible with surrounding Project Area uses and proposed development. G. (709) Interim Uses Pending the ultimate development of land by developers and participants, the CDC 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 Plan. Such interim use, however, shall conform to all applicable City codes. h anlGa,InnLurnr: J(MO lncna:,cm In Ruln rlcrrccl flan 23 Originally adopted: July 18, 1995 I ast Amended: July 11, 2007 II. (710) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section 1100 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter he amended from time to time. 1. (71 1) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to applicable City codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the CDC to control and direct improvement activities in the Project Area. 2. (712) Rehabilitation Any existing structure within the Project Arca which the CDC enters into an agreement for retention and rehabilitation shall he repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safc and sound in all physical respects, he attractive in appearance, and not detrimental to the surrounding uses. 3. (713) Number of Dwelling Units The total number of dwelling units in the Project Area shall he regulated by the General Plan. As of the date of adoption of the Plan, there are 10,107 dwelling units, not including mobile home units, in the Project Area. 4. (714) Open $pace 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 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 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. h. M r d-.vnmJntort>200, n mrnamcnt to kcdc. ebrncnr PLuo 24 Originally adopted July IS, 194) I.ncr Amended. July 17, 2007 (715) limitations on Type, Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with thc provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (716) 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 CDC for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. 7. (717) Utilities The CDC, in conformity with municipal code and City policy, shall require that all utilities be placed underground whenever physically possible and economically feasible on projects funded in whole or in part by the CDC or subject to a Disposition and Development Agreement or an Owner Participation Agreement. 8. (718) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the City. (719) Variations The CDC is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, thc CDC must determine all of the following: a. Any variation to be considered must first be consistent with the Land Use Code, Title 18. b. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan. c. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. d. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. h'w, tnmehimnuy»917 :\mcMmcn. ip KcJc'-clopmcnt Nan 25 Originally adopted. July IX, l Q0 last :Amended July 17, 2007 e. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall he granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the CDC shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. I. (720) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 701 and 710 herein, the ('DC is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan and any such controls approved by the CDC. in the ease of property which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the CDC, such property shall he developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The CDC shall not approve any plans that do not comply with this Plan except as permitted by Section 719 of this Plan. J. (721) 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 the date of adoption of this Plan must he in conformance with the provisions of this Plan, any design for development adopted by the CDC, any restrictions or controls established by resolution of the CDC, and any applicable participation or other agreements. The CDC is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall he issued only after the applicant for same has been granted all approvals required by the City and the CI)C at the time of application. n •. otd,.jrcM,rrntc''CA; A:ienci:ir:. IV Heck, rlr`rntnl flan 26 Originally adopted: July 18, 1995 Last Amended: July 17. 2007 SECTION ViII. (800) METHODS FOR FINANCING THE PROJECT A. (801) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the CDC is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, CDC bonds, donations, loans from private financial institutions or any other legally available source. The CDC' is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the CDC. Advances and loans for survey and planning and for the operating capital for administration of this Plan may he provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans, and grants, and in -kind assistance. Any assistance shall be subject to terms established by an agreement between the CDC, City and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may he used for the street system. The CDC may issue bonds or other obligations and expend their proceeds to carry out this Plan. The CDC is authorized to issue honds or other ohligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The CDC shall pay the principal and interest on bonds or other obligations of the CDC as they become due and payable. B. (802) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall he divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to, and when collected shall he paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any faxing Agency or Agencies which did not include the h rwnra amen Jne:ci IUD' dmenrhn nr e, Kede-dc{+nemr Pea, 77 Un,>;tnally adopted July 18, 1995 bast Amended: July 17, 2007 2 territory in the Project Area on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Arca on said effective date). That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the CDC to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (I) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective "faxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (I) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall he paid into, the fund of that Taxing Agency. This paragraph (3) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January I, 1989. 4. This Plan applies to redevelopment projects adopted by the CDC from 1969 through 1985. As such, the last equalized assessment rolls used to calculate taxes to he allocated to the Agency pursuant to Section 802, paragraphs (1) and (2) herein, will be those in effect when the following ordinances creating these redevelopment project areas were adopted: • E.J. Christman' Arca adopted by Ordinance No. 1233 on November 18, 1969. • South Bay Town and Country .Area adopted by Ordinance No. 1471 on June 24. 1975. • Center City Area adopted by Ordinance No. 1505 on April 13, 1976. • F.J. Christman2 Area adopted by Ordinance No. 161(1 on December 13, 1977. 1 ,xnIt-,,nrrjncros2OQ hmen4mmrii In Kc.c.ch`pmmi I'Inn 28 Originally adopted. July Ili, 1995 Last Ann•ndrd: July 17. 2007 • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981. • Downtown 1985 Amendment Area adopted by Ordinance No. 1 851 on April 16, 1985. The (:I)C is authorized to make pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the CDC pursuant to subparagraph (2) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance, in whole or in part, the redevelopment program for the Project Area. The number of dollars of taxes which may he divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 million, adjusted annually in accordance with the San Diego County Consumer Price index for all urban consumers (CPI-U) or a comparable inflationary index should the CPi-U cease to exist, except by amendment of this Plan. With respect to the E.J. Christntanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CD(: shall not pay indebtedness with the proceeds of property taxes received pursuant to lleath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after November 18, 2019. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the C1 )C to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the South Ray Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to lleath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after .June 24, 2025. these limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of l leaath and Safety C odc Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety 11 Id +menum.-ntrn.v: An:nrmrT W RtJese,,,i .rl P1.,n -)9 Originally adopted luly 18. 199) bast Amended Jul, 17, 20u07 Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Ilealth and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment I.aw, prior to January 1, 1994, or the right of the ('DC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a). (c), (g), and (h), or as otherwise pennitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any hond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the E.J. Christtnan2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Ilealth and Safety Code Section 33670 after December 13, 2027. These limitations shall not be applied to limit the allocation of taxes to the CDC to thc extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to thc extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition. these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Ilealth and Safety Code Section 33401, authorized by the City Council or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes pursuant to Ilealth and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g). and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety li ,,cnr,l-rvnrndmenuCOC' > m.rnJmrnt to Kolcs arm, ct ri , 30 oriemally adopted: July IS, 1995 Last Amended July 17, 2007 Code Section 33670 or receive property taxes, pursuant to Health and Safety Code Section 33670 after December 1, 2031. "These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under suhdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto fir the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety. Code Section 33401, authorized by the City Council or the CDC, pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CD)(' to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and llealth and Safety Code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 alter April 16, 2035. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under suhdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to IIealth and Safety Code Section 33401, authorized by the City Council or the CDC, pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and llealth and Safety Code Section 33332(a), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 alter 45 years following approval of the ordinance adopting this Plan. These limitations shall not he applied to limit the allocation of taxes to the CI)(' to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. With respect to the E.J. Christman' Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance, or indebtedness to he repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall he established or incurred after January 1, 2004. Such loan. advance or indebtedness may be repaid over a d unendnw ,u 200, \,m ndmrnr u• Renc. elnpmcmi 31 Onginally adopted: July 18, 199i Last AmendedJuly 17, 2007 period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to he repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CI)("s housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to he repaid does not exceed the data on which the indebtedness would have been paid. With respect to the South Bay Mown and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and I-Iealth and Safety Code Section 33333.6(a), (g), and (h), or as othenvisc permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CI)C to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may he extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness alter January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (It), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may he repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under I Iealth and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Ilealth and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to he repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred alter January 1, 2004. Such loan, advance or indebtedness may be repaid over a 21M. il,f: iui.iaiii I,: <azli.c 32 l)ngtnally adopted: July 18, 1995 I :Nt Amended In Iv I?, 2007 period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income }Iousing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indehtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indehtedness would have been paid. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall he established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the Ci)C from incurring debt to be repaid from the Low and Moderate income }lousing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent thc CDC from refinancing, refunding or restructuring indebtedness afler January I, 2004, if the indehtedness is not increased and the time during which the indehtedness is to be repaid does not exceed the data on which the indehtedness would have been paid. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to he repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part thc Redevelopment Project shall be estahlishcd or incurred after April 16, 2005. Such loan, advance or indebtedness may he repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding or restructuring indebtedness after April 16, 2005, if the indehtedness is not increased and the time during which the indehtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Added Area. notwithstanding any other provision of this Plan, and except as provided in this Section and llealth and Safety Code Section 33333.2(a), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes estahlishcd or incurred by the Ci)C to finance in whole or in part activities authorized under this Plan shall be established or incurred alter 20 years tollowing approval of the ordinance adopting this Plan. Such loan, advance or h :,nr1 ,m,nd, , ir2Cal? flare ncnl 1. Kdc'.Anpmcnt Plan 33 Ongtn;ally adopted. July I X, 1996 I ast Alucndcd lulu 17. 2007 indebtedness may he repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate income IIousing Fund or establishing more debt in order to fulfill the CDC's housing obligations under I Iealth and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding or restructuring indebtedness after 20 years following approval of the ordinance adopting this Plan, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. C. (803) CDC Bonds The CDC is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the CDC nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the CDC are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the CDC; and such bonds and other obligations shall so state on their lace. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $100.0 million, except by amendment to this Plan. D. (804) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. in addition, the CDC may make loans as permitted by law to public or private entities Ibr any of its redevelopment purposes. E. (805) Rehabilitation Loans, Grants, and Rebates The CDC and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall he those which may already exist or which may be developed in the future. The CDC and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources. as they may he available from time to time, for the carrying out of such programs. h .lnnndmenr m Rcdc aloywcr,r PI, 34 Originally adopted July 1 R. 1995 fast Amended July 1', 201)7 SECTION IX. (900) ACTIONS BY THE CITY The City shall aid and cooperate with the ('1)C in carrying out this Plan, and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan, and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to hear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development nornially rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 4. imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. S. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. d-y:ten,lincrilsia0l 4m enai:m,l iu ReeevrInpncni Yl4n 35 Originally adopted. holy 18, 1995 Last Amended lulu 17, 2007 SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT I.Jpon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall he performed by the City and/or the CDC. as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the CDC or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION XI. (1 l00) DURATION O1,' THIS PLAN With respect to the E.J. Christman I Arca, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on November 18, 2009. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, and to enforce existing covenants, contracts, or other obligations. With respect to the South Bay Town and Country Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on June 24, 2015. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, and to enforce existing covenants, contracts, or other obligations. With respect to the Center City Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13, 2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, and to enforce existing covenants, contracts, or other obligations. With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 13, 2017. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, and to entbrce existing covenants, contracts, or other obligations. With respect to the Downtown Original Arca, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on i)ccember 1, 2021. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. hAmmMrrnt to R:ce,ckr.euu Plan 36 Originally adopted: luly I8, 1995 Last Amended Jul' 17. 2007 With respect to the Downtown 1985 Amendment Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 16, 2025. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, and to enforce existing covenants, contracts, or other obligations. With respect to the Added Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire 30 years following adoption of the ordinance approving this Plan. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, and to enforce existing covenants, contracts, or other obligations. SN;CTION XII. (1200) PROCEDURE FOR AMENDMENT This Plan may he amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. h ord.demc1Emcn(s IW r Amaulmmi TO RldcvciopToclo Pl.0 37 f )nginally aduptcd: July 1:t. 1995 Laat Amended• .lulu 17, 2007 Properties designated as Tansportatn Center .m,- by the Redr evelopoient Plan io willtt".4:-.:::, + L:::44..• , - h , v, aamcn4mcraV:CNI, ,\I.Ic:i,:Inr.J in Rr,nc..+rmri' Yl.ii EXHIBIT A PROJECT AREA MAP 38 Oi iginally adopted: July 18. 1995 1.aa Amended: July 17, 2007 EXHIBIT A l ,IIIIIII�r IIIIIIIIIII \1 (1111111�.� `1 .I: il.: : III.1.1. .�.IIIIII IIJ��II PIMAI11 III 11. IIIII •111 .1U .11�111: �111 :III :1■ iiir 11•11 1I�_ •q1IIII, IIS .=u1 IIIII� ii II.I II�M®E®®® n. IIII� 111111 IMINEEIMMill P,,,) Il.■..1.171 ■II ,. INE MINIMAMR MEM 411111111111 ��s�i:I -11 ■ II NAT,ONAL C irt111■MMEMII MERIN ®®®II►VIM MEE 'II' �� 1'1'��+1111I III-• �®�� MI II.l11.Il III1111111111r4 IS !Isis! I.. 11111.11'IIs! 1111 111111111 ' -IIIII,II :1i1 S II111111 ■11 :11111 .0 �u1 National City Redevelopment Project - Parcels Subject to the 2007 Amendment OProject Area Boundary - 2007 Amendment Area I ' Municipal Boundary Source: National Cry Planning n 17. on ,1p 1`Ans. h u'rcd amen.hnentr:JO/ A,wmdment w Noxrc1npmrm flan EXHI BIT B LEGAL, DESCRIPTION 39 Originally adoptedJuly 18, 1995 Last Amended July 17, 2007 EXHIBIT "B" COMMUNITYT COMMISSION OF THE H NNATIONAL CITY National City Redevelopment Project Area �T f,` iii i ;. IT ` s 'lt4 k r ". • LEGAL DESCRIPTION NATIONAL CITY REDEVELOPMENT PROJECT AREA EXISTING AREA AREA "A" The perimeter description of this Project, situated in the City of National City, County of San Diego, State of California, is as follows: All that portion of the incorporated territory of the City of National City, County of San Diego, State of California, described as follows: Beginning at the point of intersection of the centerlines of Division Street and Highland Avenue, being on the common boundary line between the City of National City and the City of San Diego; thence South 72. 14' 16" West along said centerline of Division Street 3035 feet more or less to the •Sasterly lire ,of Interstate Highway Route 5; thence along said Easterly line as follows: scut 12° 50' 02" East 75.38 feet; thence South 50° 10' East 28.46 feet; thence Southerly along the arc of a 200 foot radius curve 65.72 feet; thence South 17° 45' 15" East 1706.82 feet; thence South 12° 02' 37" East 80.40 feet'; thence South 17' 45' 15" East 290.36 feet; thence South 72° 14' 25" West 110.07 feet to a tangent 31 foot radius curve concave Easterly; thence Southerly along the arc of said curve 48.69 feet; thence South 17° 45' 15" East 36.78 feet; thence South 3' 59' 30" West 172.85 feet; thence South 17' 45' 15" East 61.98 feet; thence South 72' 14' 25" West 136.32 feet; thence South 16°•06' 59" West 96.36 feet; thence South 17° 45' 15" East 59.01 feet; thence South 18° 07' West 235.91 feet; thence Southerly along the arc of a 144 foot radius curve concave Easterly 159.60 feet; thence South 18° 08' 56" West 66.10 feet; thence South 5' 35' 40" East 22.37 feet; thence South 18' 08' 56" West 210.39 feet; thence Nort.h•72' 14' 25" East 69.20 feet; thence South 17° 07' 17" West 294./6 feet; thence South 5' 17' West 58.63 feet; thence South 14' 51' 00" West 432.91 feet; thence South 41' 43' West 23.92 feet; thence Southerly along the arc of a 162 foot radius curve concave Southeasterly 144.17 feet; thence South 8' 15' West 55.65 feet; thence South 17. 45' 09" East 76.61 feet; thence South 54' 39' East 132.23 feet; thence South 72' 14' 25" West 208.44 feet; thence South 9. 15' West 191.03 feet; thence South 17. 45' 40" East 186.31 feet; thence South 0° 40' 00" East 119.07 feet: thence South 17' 45' 40" East 1050.81 feet; thence South 17' 44' 00" East 7440 feet more or less to the Southerly line of Quarter S-ection 160 of Rancho de la Naeion on the common boundary line between the City of National City and the City of Chula Vista; thence along said boundary North 72° 08' 04" East 1940 feet more or less to the Easterly line of National City Boulevard, 100 feet wide; thence Northerly along said Easterly line 2306 feet to the Southerly line of Lot 1 of Quarter Section 151 of said Rancho de la Nacion Map No. 166; thence Easterly along said Southerly line 600 feet more or less to the Easterly line of the westerly half of said Lot 1; thence Northerly along said Easterly line 330 feet to the Northerly line of said Quarter Section 151; thence Easterly along said Northerly line 660 feet to the North and South centerline of Quarter Section 151; thence Southerly along said line 1317 feet - to the Southwest corner of Lot 13; thence Easterly along said Southerly line 240 feet to the centerline of Sweet- water River; thence along said centerline Southwesterly 300 feet more or less to the Westerly line of Lot 12 of Quarter Section 151; thence Southerly along the Westerly line of Lots 12 and 11, a distance of 370 feet to the Northerly Line of the Southerly 130 feet of said Lot 11; thence Easterly along said Southerly line 1274 feet to the Westerly line of Highland Avenue; thence Northerly along said Westerly line 502 feet to the Westerly prolonga- tion of the Northerly line of Trousdale Drive; thence Easterly along said prolongation 100 feet to the Easterly line of said Highland Avenue; thence Northerly along said Easterly line 1342 feet to the Northerly line of Quarter Section 135 of Rancho de la Nacion; thence North 70° 42' 39" East along said Northerly Line 1144.85 feet to an angle point on the Easterly line of Parcel 2 of Parcel Map No. 1308; thence along said line North 43° 34' 25" East 17.09 feet; thence North 7° 25' 35" West 125 feet; thence North i° 08' i5" West 66.84 feet; thence North 40° 08' 25" East 170.40 feet to the Easterly line of Lot 4 of Quarter Sec- tion 134 of saia Rancho de la Nacion; thence North 19° 07' 45" nest along said Easterly line 419.48 feet to the Northerly line of 30th Street, Road Survey No. 1323; thence Easterly along Said Northerly line to the Westerly line of Edgemere Avenue, Road Survey No. 670; thence Southeasterly along said Westerly line to the Northerly line of State Highway Route 54; thence Easterly along said Northerly line to the Southwesterly corner of Sweetwater Town & Country Shopping Center Mao No. 8432; thence along the boundary line ;hereof, North 82° 33' 20" East 243.83 2 feet; thence Easterly along the arc of a 1700 foot radius curve 391.13 feet; thence South 79° 21' 42" East 809.08 feet; thence South 81" 09' 17" East 223.73 feet; thence Easterly along the arc of a 225 foot radius curve 155.79 feet to a compound curve having a radius of 100 feet; thence Northerly along said curve 204.61 feet; thence North 58' 13' 38" West 176.15 feet; thence Northerly along the arc of a 350 foot radius curve 222.34 feet; thence North 22. 06' 31" West 282.,67 feet; thence North 71° 15' 46" West 105.74 feet; thence North 69" 22' 14" West 209.66 feet; thence North 78' 34' 34" hest 208.58 feet; thence Westerly along the arc of .a 957 foot radius curve 350 feet more or less to a point on the boundary line of Course No. 6 of the City'of National City Ordinance No. 1019: thence along said boundary being along the Southerly pro- longation of the Easterly line of Lot 52 of Lincoln Acres Map No. 1740, North 29° 17' 30" West 150 feet to the North- easterly corner of said Lot 52; thence Northeasterly along the Southeasterly line of Grove Street as shown on said Mao No. 1740, 215 feet; thence Northwesterly 185.26 feet to a point on the Easterly line of Lot 4 of said Map No. 1740;. thence North 31' 54' West to the Northeast corner of•said Lot 4; thence South 71' 05' West 49.37 feet; thence South 58. 06' West along the Northerly lines of Lots 4 and 3 a distance of.101.8O feet to the Easterly line of Lot 20 of said Map No. 1740; thence North 52' 06' West along said line 106.44 feet to the North line of the South 100 feet of Lots 20 and 21 of said Map No. 1740; thence along said line South 58. 06' West 230 feet to the West line of said Lot 20; thence North 1U• 55' West along the West line of said Map No. 1740 a distance of 370 feet more or less to an angle point on the boundary Line of the City of National City, Ordinance No. 1061; thence Easterly along the Southerly line thereof 50 feet to the Easterly line of Lincoln Court; thence Northerly along said Easterly line 48 feet to the South line of Lot 15 of said Map No. 1740; thence North 61' 12' 30" East 296.52 feet to the Southeast corner of said Lot 15; thence.North 28. 47' 30' West 142.40 feet along the West- erly line of Lots 11 and 12 to the Southerly line of the - North 20 feet of said Lot 12; thence North 61' 12' 30' East 85 feet more or less along said Southerly line to an angle point on said boundary line of the City of National City last mentioned; thence Northerly along the Easterly line thereof 92.16 feet to the Southerly line of said Lincoln Court; thence North 72° 49' 00" East along said Southerly line 82.20 feet to the Southerly prolongation of the Westerly line of Lot 27 of said Map No. 1740; thence along said prolongation and along said line North 19° 03' 00' West 330 feet to the Northwesterly corner of said Lot 27; thence North 44' 14' East 111.90 feet to the Southwest corner of Lot 30 of said Map NO. 1740; thence North 19' 03' 00" West 230 feet to the Northwest corner of Lot 31 of said Map No. 1740; thence South 81' 34' 00" East 162.79 feet to a point on the boundary line of Rae Place as shown on said Map No.;1.740; thence Northeasterly along the arc of a 40 foot radius curve 62.83 feet to the West- erly Line of Lot 33 of said Map No. 1740; thence North 19' 03' 00" West 43 feet along said Westerly line to the Southerly Line of Lot 4 of Las Palmas Park Villas, Mao No. 9128; thence along said Southerly line North 72' 13' East 120 feet to an angle point thereon; thence South 17° 53' 09" East 97 feet; thence North 73' 13' East 120 feet; thence South 17' 53' 09" East 2.82 feet; thence North 71° 57' 37" East 255 feet more or less to the East- erly line of Newell Street as shown on the Westerly line of Interstate Route 805; thence along said Westerly line of said Interstate Route 805 as follows: Northerly along the arc of a 330 foot radius curve 43.99 feet; thence North 12" 07' 40" West 258.68 feet; thence Northerly 3 along the arc of a 1030 foot cadLus curve 9a.37 feet; thence North 17. 36' West 685.32 feet; thence Northerly along the arc of a 103U foot radius curve 93.65 feet: thence North 22. 48' 34" West 263.55 feet; thence Northerly along the arc of a 970 foot ractius curve H8.19 feet; thence North 17' 36' West 809.97 feet; thence North 10° 47' 26" Last 42.23 feet; thence North 17. 41' 02" West 200.33 feet; thence North 25. 18' 39" west 474.78 feet; thence ,North 45' 50' 36" West 67.83 feet; thence North 17° 43' 57" west 125.00 feet; thence North J1. 33' 50" West 688.61 feet; thence South 78' 59' 11" West 26.20 feet; thence North 45' 54' u2" West 17.68 feet; thence South 78° 59' 11' west 96.00 feet; thence North 15' 23' 31" West 30.29 feet; thence North 43° 19' 20" West 105.88 feet; thence North 17•.44' 49" West 20 feet; thence North 56. 59' 46' East 106.76 feet; thence North 23' 34' 11" West 190.01 feet; thence North 3' 36' 49" West 142.30 feet; thence North 17' 53' 05" West 540.09 feet; thence North 27. 06' 55" East 35.36 feet; thence North 17' 53' 05" West 308.70 feet; thence North 25' 49' 53" West 180.84 feet; thence North 17' 53' 05" West 200 feet; thence North 21' 47' 45" West 250.59 feet; thence North 28. 01' 52" West 99.44 feet; thence South 61° 58' 08" West 42.24 feet; thence North 17' 52' 10' West 236.99 feet; thence North 57' 37' 09" West 172.52 feet; thence North 39. 07' 16" West 452.83 feet; thence South 72' 13' 30" West 6.64 feet; thence North 17. 46' 30" West 89.72 feet; thence North 46' 21' 02" West 113.63 feet; thence South 72' 00' 25" West 50.35 feet; thence North 40: 42' 58" West 283.16 feet; thence North 55. 54) 39" West 457.20 feet; thence North 50. 24' 12" West 661.84 feet; thence Northerly along the arc of a 30 foot radius curve 64.23 feet; thence North 59' 31' 47' West 107.30 feet; thence Northerly along the arc of a 30 foot radius curve 33.50 feet; thence North 43. 45' 17" West 244.18 feet; thence Northerly along the arc of a 599 foot radius curve 114.56 feet; thence North 74' 26' 28' West 222.29 feet; thence North 28- 30. 14" West 28.97 feet; thence North 48' 01' 12' West 188.16 feet to the cornon boundary line of the City of San Diego and • the City of National City; thence along said line South'- 0' 45' 45" West 50.99 feet to an angle point thereon; hence South 89' 58' West along said line 637.21 feet to the West line of Lot 70 feet Horton's Purchase Map No. 283; thence North 0. 01' 30" East along the West line thereof 218 feet to the centerline of Delta Street; thence along said centerline South 89' 55' 25" West 1335.78 feet to the centerline of Highland avenue; thence Southerly along said centerline being along said common coundary 1500 feet more or Less to the point of beginning. The land area contained within the Project Boundary is approximately 2,080 acres. 4 LEGAL DESCRIPTION NATIONAL CITY REDEVELOPMENT PROJECT AREA ADDED AREA AREA "B" Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08 ° 26'44" East 284.00 feet; thence South 13° 50' 25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26930'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23 feet; thence South 30° 11'05" West 66.08 feet; thence South 27° 10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72° 16'1 1 " West 316.34 feet to the beginning of a non - tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504727 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31' 18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said Easterly railroad Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the Southerly prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of- way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right- of-way line of said 24th Street said point being also on the Easterly Right-of-way of said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right- of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of- way of 24th Street; thence continuing along said Northerly Right-of-way of 24th Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of- way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S. Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" - West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05 °48' 13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving the said Westerly Railroad Right-of-way along said centerline North 72° 14'20" East 474. /0 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of- way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 1 1th Street (now closed); thence along said Northerly Right-of-way North 72° 14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence alono said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the Point of Beginning. Containing 317 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. - Chris D. Ciremele L.S. 5267 1-24-94 J-12174 LEGAL DESCRIPTION BOUNDARY OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31 °19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749, South 72 ° 16' 1 1 " West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72°16'11" West 316.34 feet to the beginning of a non - tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504.27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33° 18' 19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said Easterly railroad Right-of•way Southwesterly along said City boundary as shown on Miscellaneous Map 564 South '72°15'22" West 1629.76 feet to the intersection of the Southerly prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of- way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right- of-way line of said 24th Street said point being also on the Easterly Right-of-way of said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of Tidelands Avenue South 72°14'20" West along said prolongation and Northerly Right- of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of- way of 24th Street; thence continuing along said Northerly Right-of-way of 24th _ Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of- way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S. Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet tQ the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving the said Westerly Railroad Right-of-way along said centerline North 72 ° 14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of- way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72° 14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the Point of Beginning. Containing 542 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. cvJb•Ct, Chris D. Ciremele L.S. 5267 1-24-94 J-12174 LEGAL DESCRIPTION SUBAREA 1 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN These properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary Redevelopment Plan; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31 ° 19'37" East 268.23 feet; thence South 30° 1 1'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11 749 on file in the office of the County Recorder of San Diego County, South 72° 16' 1 1 " West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72° 16' 1 1 " West 316.34 feet to the beginning of a non -tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504.27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51°31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33 ° 18' 19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said easterly railroad Right-of-way Southwesterly along said City boundaries shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right- of-way of Tidelands Avenue and the Souhterly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-way of said 24th Street; thence North 1 7°07'00" West 80.00 feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING. Containing 126 acres more or less. The above description was compiled or calculated from existing available record information and riot a field survey by Rick Engineering Company Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) LEGAL DESCRIP f1ON SUBAREA 2 OF I'ARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary Redevelopment Plan; thence Westerly along the Northerly Right-of-way of 24th Street South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing along the Northerly Right-of-way of said 24th Street South 72° 14'20" West 1210.69 feet to the Easterly Right-of-way of Tidelands Avenue; thence Northerly along the Easterly Right-of-way of said Tidelands Avenue North 15°00'40" West 15.02 feet; thence leaving said Right-of-way along the Northerly Right-of-way of 24th Street South 72°14'20" West 360.37 feet to an angle point in said Northerly Right-of-way of 24th Street; thence continuing along said Right-of-way South 17°45'40" East 15.00 feet; thence South 72° 14' 20" West 715.55 feet to the U.S. Bulkhead line as shown on Miscellaneous Map 564; thence along said line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 102.64 feet to the centerline of Harrison Avenue; thence Southerly along said centerline South 17°45'40" East 3301.70 feet to the Northerly Right-of-way line of 23rd Street; thence along said Northerly Right-of-way line of 23rd Street South 72° 14'20" West 40.00 feet to the Westerly Right-of-way of Harrison Avenue; thence along said Westerly Right-of-way South 17°45'40" East 330.20 feet to the TRUE POINT OF BEGINNING. Containing 113 acres more or less. The above description was cornpiled or calculated from existing available record information and not a field survey by Rick En ineering Company. r 7 Cti\ - ad.Y Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 1 21 74) LEGAL DESCRIPTION SUBAREA 3 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.21 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet to a point on the Northerly Right-of-way of 24th Street, said point herein after referred to as Point "A"; thence along said Northerly Right-of-way of said 24th Street South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison Avenue; thence along said Westerly Right-of-way of Harrison Avenue North 17°45'40" West 330.20 feet; thence leaving said Westerly Right-of-way North 72° 14'20" East 40.00 feet to the centerline of said Harrison Avenue; thence along the centerline of said Harrison Avenue North 17°45'40" West 3301.70 feet to the Northerly Right-of-way of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72° 14'20" East 44.45 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05 °48' 13" East 67.47 teet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving said Westerly Railroad Right-of-way along said centerline North 72°14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of-way of 1 2th Street; thence along said Northerly Right-of-way North 72° 14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly. Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the POINT OF BEGINNING. Containing 78 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) REVISED 1-24•g4 4.5 w.3 1_ 1LI \\ 1,\I _ S,�s�l �._.... ' L 1.` J..2/f5:1E,1RF4 '.i �•. Li1''Y... .Ir l•r.w ,Ia ,.. \ 1 ii Y'I•WI �.. '. .... _.... i. I141•�41`_' SUBAREA Z n.rt'y: .. I• � C•T 1 •-r.J I it I G H'JY COURSE TAIL( In• IWIw nn,lY'y I lrlr. • •y� •Irlrw l aau :r,.'IY• I YY ' rlrn• I yLY ry YM r )I• • 111. P•. r l . V 1r • wl I:,.'Ir I .a.w r'r' I Ya N am• r WO. t 4.II Ir,.'I•• I ».M .r r'l,'Yv• • uau 1 I11.. u. 1 11.41 1•11'IM • •U. Si K . Irr•Y• • 14. 14 \ •r•Y•r. L 111.11 \ IrwrY• 1 144.11 Y I'r•a.. • •a, I I)'M•Y' • I4.11 11 ,r.1•. • I4.4I � \ .r11•Y' 1 IILII • .r Ir_' • 0,4 Y11'11' • IYL 1a 1 Yli•11' 1 \ "r II.11. 1 IYI. • rla'II• yyl, •• r11. Ir I 1,4.6.1 II•. CSC TAN[ 6044 I'Irlr l.l. al 44�• ll•I1..1• ,11.4 II0.0 Ir l..r 144.44 11•LI• 14.11..• 114.64 IIIL1. 1•))•y. ,Y.•1 pll a rb•11)...1 31a•134 1,.1 , ;r I1C •ZZ1 Ie<1r y 1Y0•411I 4.441 ••••••... . 141.14 l\ 1 1 - .IF I•I( VICI I MA 14( BOUNDARY PLAT FOR K3h_CLVEEfUfCL(k4P1M NATIONAL CITY HARBOR DIST PRELIMINARY REDEVELOPME RI( REDEVELOPMENT PLAN Al • CUR.') � 1nF, g�nr �1�T • ✓' y1.Y . • LY 1 .. 11 li tIl 11�_J �I-, '�11 14 1 1.1 \ 1t V 1 1__ lI it SUBAREA y•J 1t1 L•Jy[ Yltf 1. fOfa r l'1.'Y•" Y.1 •� 1at11 r\Y.K SAN DI EGJ g • .41 L IS • 4 Lgl,•4.r• EXHIBIT C: PUBLIC FACiLI'I'IES AND INFRAS'i'RUCTURE IMPROVEMENTS PROJECTS Project Description; Public Facilities/Infrastructure Improvement project to be constructed/implemented during the life of the Redevelopment Plan shall include but not he limited to: STREET IMPROVEMENTS: Street improvements, including but not limited to street construction, median construction, drainage improvements, landscaping and street furniture throughout the Project Area and the construction of additional streets to improve circulation. Ii TRAFFIC SIGNAL, TRAFFIC CALMING, PARKING & LIGITI'ING IMPROVEMENTS: To facilitate improved circulation Clow and reduce traffic congestion for motorists, pedestrians and bicyclists. 111 PARK AND RECREATION IMPROVEMENTS, LIBRARY AND ARTS FACILITIES: To provide safe, attractive, and well -maintained park and recreation facilities for the public by rehabilitating and/or installing improvements and amenities at parks, recreation and open space locations throughout the Project Area. IV CAPITAL FACILfI'Y IMPROVEMENTS: To develop and rehabilitate community facilities to meet the needs of the City's residents. V ECONOMIC DEVELOPMENT: Public facility and infrastructure improvements within the Project Area to facilitate a more robust economic environment and to increase commerce. Vi HOUSiNG PROGRAMS: "1'o preserve, rehabilitate, increase and improve the community's supply of housing affordable to very low, low and moderate income households and to increase opportunities for home ownership throughout the Project Area. Vii PUBLIC SAI-ETY AND SECURITY: 'fo provide physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. A •,.0 d'.uucn lrnentv'Ib' 4mcuJu.c Ne.Ir.rbpm<r, Ybw 40 Originally. adopted July 18, 1995 Last Amended July 1 7, 2007 EXHIBIT D LOCATION OF REAL, PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the use of eminent domain: Existing Area (as defined in Section 300 of this Plan) • All parcels located immediately cast and adjacent to National City Boulevard, between Division Street and the south City limits. • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately north and adjacent to Civic Center Drive, between interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between interstate S and National City' Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. Added Arca (as defined in Section 300 of this Plan) All property in the Added Area, excepting the San Diego Unified Port District property. IN EXISTiNG AND ADDED AREAS, SINGLE-FAMILY AND MULTI -FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. The residential exemption applies to those single-family and multi -family residences that are: 1) a lawful conforming use or lawful nonconforming use as a residence., 2) a dwelling as defined by National City Municipal Code section 18.04.208 as it currently exists or is hereafter amended; and 3) the primary intended use of the structure is for a residential use. 41 T • -OM 11■ �ff`• _._-� u1IB 11 I'. IP•�,•�luq.i�uinlnil�j ll• n..'p?I cl mI ULIP .-. u.11 .'d�1111y: IIIIIIIr�I� Imbilu l: �., `, •11 �� ���llli Ili. ■�1en. : �Illu11u1i _• _I�lfry Pn. _.ruul Il II .. ..1!,, •e., - _ .• n .` •,• 11. r. lll111111 IIIIIIII•I'll —I� •I iI:"IIII Ilil '.I I . _�II_ r ,llll�'.'ll.• _ _ 1�11. :•! 111 •••_._ IIIII�1111'll.�� 1I.:r. :IIII IIII III• - ee nu Idl •ter. IIII = �`•I� ■II I'I'1•'11MlIII� II 1.1111 r: =.. N:1,111 •I :i iuiI�1111 a- INLIMme J lip;;; � BIBI yI�T�111�1 !L a :Wiwi. . I 11■ •- g11ur =U•- uunm• IIUIV. - -I MOIPI........ ••- -fJ -. National City Redevelopment Project QProtect Area Boundary - 200 r Amendment (.= Munlcapal Boundary - Structural Obsolescence .Source: National City Plannlnq APPENDIX 2 41' •1.0 la,... C,11• '•ll'1111111''l• National City Redevelopment Project - .I.. 1.11tf•1= .PI.pq V ....... n � p1 U lur.•1.1111.1•�,� �7 QProlecl Area Boundary - 2007 Amendment Munlan.q Boundary 11111 lnrompaEbie AAfra:nt Uses Source' National City Planning APPENDIX 3 National City Redevelopment Project ,fit a ♦., . •IIr_ ___ ;...._....�. ...' 11 • ,• .ii.il r—t111,iWuun!�, IP ��' unui �_ L,k ■■...• , .,1111. Iiri ., _:.' . 1.'1urp..,.„„„ 11 .. ...Ld..,r o _ 1 �u -r .,-nn■Innun1,11. =I . ...j.7 ■I V1111.. 1r�= I1111141'1.•�I == O 11111\■ awe ■n -10.,6111i i��1��1■id. ■Ihc1„„„ t •� �1�1=•4 2 n1 gill /.r ,-11111.11 �11 -111111111.'..I ..11111.i.11 ,ul e' 1 _umn• •u111 _ 11�11i - `1 .11..:- �.111�� 141111.- I_11.- uuuln • I11111 YA u....u, OProject Area Boundary _ 2007 Amendment Munlclpal Boundary - Detenonrcn 8 Dilaoidat:on Source: National City Planning APPENDIX 4 Defective Design Without Parking •. .1 , i. n.,�. •r„! National City Redevelopment Project I't a.... IId.•r.gJ r_,1 ..3 _I_41 r_ 1 •w��1.. r fail p: r Una T. Win = 41 .n• �ti it "41 ip i� :�1� nr,�]r ; QProject Area Boundary _ 2007Ameudn,ent Munrofkol Boundary - Defecl ye Design Wdhout Parko0 Source National City Punning APPENDIX 5 Passed and adopted by the Council of the City of National City, California, on July 17, 2007, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Ungab. Nays: None. Absent: Councilmembers Parra, Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of Nationa City, California City CI rk of the City of Najtonal City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until five calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on July 12, 2007, and on July 17, 2007. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2007-2295 of the City Council of the City of National City, passed and adopted by the Council of said City on July 17, 2007. City Clerk of the City of National City, California By: Deputy