Loading...
HomeMy WebLinkAboutCC RESO 2007-137RESOLUTION NO. 2007 — 137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACKNOWLEDGING RECEIPT FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OF THE DRAFT 2007 AMENDMENT AND THEIR REPORT TO THE CITY COUNCIL REGARDING THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of National City ("City Council") and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and WHEREAS, on June 5, 1995, the Planning Commission of the City of National City adopted Resolution No. 7-95, finding that the National City Redevelopment Plan conformed to the National City General Plan; and WHEREAS, pursuant to the California Community Redevelopment Law ("CRL") (Health & Safety Code Section 33000, et seq.), the CDC has formulated an amendment to the Plan ("2007 Amendment") in the form herewith as Attachment "A"; and WHEREAS, at its meeting on April 17, 2007, the CDC authorized by Resolution No. 2007- 80, the circulation of the 2007 Amendment for public review and comment; and WHEREAS, pursuant to the CRL Section 33352, the 2007 Amendment submitted by the CDC to the City Council must be accompanied by a report, which contains all of the information set forth in CRL Section 33352, to the extent warranted by the proposed amendment pursuant to CRL Section 33457.1; and WHEREAS, on June 19, 2007, the CDC authorized transmittal of its report to the City Council, as required by CRL Section 33352. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby acknowledges receipt of the 2007 Amendment, and receipt of the Community Development Commission's Report to City Council on the proposed 2007 Amendment of the National City Redevelopment Plan for the National City Redevelopment Project, in the form attached herewith as Attachment "B". ATTEST: PASSED and ADOPTED this 19th day of June on Morrison, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. iser, III City Attorney REDEVELOPMENT PLAN FOR THE NATIONA.1., 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 _ , 2007 Prepared for: Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 619-336-4250 Prepared by: Rosenow.Spcvacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 61.9/967-6462 r4ixurreuts •,d sutnigsvklavisVncal vatingsVcmpo:aty wtcuuct IJcs446 dplan Ax ATTACHMENT "B" Adopted 7/I8/95 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 5 A. (601) General 5 B. (602) Property Acquisition 7 C. (605) Participation by Owners and Persons Engaged in Business 8 D. (609) Implementing Rules 9 E. (610) Cooperation with Public Bodies 10 E. (611) Property Management 10 G. (612) Payments to Taxing Agencies 10 H. (613) Relocation of Persons Displaced by a Project 11 I. (61.6) Demolition, Clearance, Public Improvements, Site Preparation and Removal 11 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 B. (702) Major Land Use Designations (as now provided in the General Plan) 20 C. (703) Transportation Center 21 D. (704) Public Uses 22 E. (707) Conforming Properties 22 F. (708) Nonconforming Uses 23 G. (709) Interim Uses 23 H. (710) General Controls and Limitations 23 I. (720) Design for Development 25 J. (721) Building Permits 26 SECTION Vlll. (800) METIIODS FOR FINANCING THE PROJECT 26 A. (801) General Description of the Proposed Financing Methods 26 B. (802) Tax Increment Revenue 27 C. (803) CDC Bonds 33 1). (804) Other Loans and Grants 34 c W-ucutstetats and crony,, 1M1nvisn.ocal sestings'stuy .n uy mtuint tkso k&ebdpi.a Inc Adopted 7/18/95 E. (805) Rehabilitation Loans, Grants, and Rebates 34 SECTION IX. (900) ACTIONS BY THE CITY 34 SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT 35 SECTION XI. (1100) DURATION OF THIS PLAN 35 SECTION XII. (1200) PROCEDURE FOR AMENDMENT 36 EXHIBIT A 37 EXHIBIT B 38 EXHIIBIT C 39 EXIIIBIT D 40 cWu .ideas atW seningsWAavic sel'ings\tenqurary Internet hlcsbLLGeWyleAtk. Adopted 7/18/95 REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (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 Arca") (Exhibit A), the legal description of the Project Arca 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 Code Section 33000, et seq.), the California 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 No. 1762 on December 1, 1981, as amended by Ordinance No. 1821 adopted on May 22, 1984, Ordinance No. 1851 adopted on April 16, 1985, ai+d-Ordinance No. 91-2013 adopted on June 18, 1991 Ordinance No. 95-2095 adopted on July 18, 199.5, and Ordinance No. 2187 adopted on June 19, 2001. This Plan was amended again by Ordinance No. adopted on July , 2007. This Plan will amend the preexisting Redevelopment Plan as follows: • extend the CDC's existing eminent domain athn city -authority by 12 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. u.4kxutnents ni se.ttinps4klavisVa'rl settusgskeng.my iutesnet files4slk6rsrdplu- Mr 1 Adopted 7/18/95 SECTION II. (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 E.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 No. 1471 on June 24, 1975, the Center City Redevelopment Project by Ordinance No. 1505 on April 13, 1976, and the E.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, and 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 1.9, 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 rncrged National City Downtown Redevelopment Project Area to approximately 2,083 acres. SECTION III. (300) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Added Area" means the territories included in the Project A.rca by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit A and described in Exhibit B. B. "Annual Work Program" means that portion of the CDC's annual budget that sets forth programs and goals to he accomplished by the CDC during the fiscal year. C. "CDC" means the Community Development Commission of the City of National City, California. D. "Center City Area" 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, California. F. "City Council" means the legislative body of the City. c ant setimgsWsivi+Vocn7 senwgsVengn,nwy intone, fikstn1k&4sdplvt.do: 2 Alop led 7/I8/95 G. "County" means the County of San Diego, California. II. "Disposition and Development Agreement" means an agreement between a developer and the CDC that sets forth 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 Arca by Ordinance No. 1851 adopted by the City Council on April 16, 1985. K. "E.J. Christmanl Area" 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 Area. 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. 1610 adopted by the City Council on December 13, 1977, and subsequently merged into the Existing Area. M. "Existing Arca" 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 Area 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 be temporarily or permanently displaced by actions of the CDC. Q. "2007 Ordinance" means City Council Ordinance No. adopted on July 2007 amcndinu, this Plan. c.44xvrtuws and settiugsWEavisWral settiugAtertpa,rary intttsset fiI lt6e4 tplsu.aoc 3 Adopted 7/18/95 QR. "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. RS. "Person" means an individual(s), or any public or private entities. ST. "Plan" means the redevelopment plan for the Project as amended. TU. "Project" means the National City Redevelopment Project. UV. "Project Area" means the National City Redevelopment Project Area, inclusive of the Existing Arca and Added Area, which is the territory this Plan applies to, as shown on Exhibit A. VW. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may he hereafter amended. WX. "South Bay Town and Country Area" means the territories originally included in the South Bay Town and Country Redevelopment Project Arca by Ordinance No. 1471 adopted by the City Council on June 24, 1975, and subsequently merged into the Existing Area. XY. "State" means the State of California. SECTION IV. (400) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION V. (500) REDEVELOPMENT PLAN GOALS 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 deficiencies 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 cormercial base of the Project Area. c 4kxvmenta and snttinpssddavuNocat sett mg, \ictµutcy anti nes fik::Wlk6e4dplan.Ane 4 Adopted 7/1 R/95 11 • 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, arc 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 housing —affordable housing for very low, low and moderate income households. SECTION VI. (600) REDEVELOPMENT 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. 2. Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures and improvements. c.klocwteut_s ad settiugsWdavls\losal xaingsVe pnmry ntrnrt filrsblk&Wplau.eoc 5 Adopted ?/I8/95 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 uses 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 City. 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. 16. Providing replacement housing, if any is required. cW+cnrtrnis earl setingstddavuWcal scttiueskompata y iutemet files4,11.6ettdplatn.doc 6 Adopted 7/ 1 R/95 17. Applying for and utilizing grants, loans and any other assistance frorn federal or State governments, or other sources. 18. Taking actions the CDC determines are 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 Proiect Area provided: (1) the huilding_s, 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 funds 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. '1'o 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 Iaw 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 D incorporated herein. 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 structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; c-Vsocument, end sett wgs idnvistkocal setting*N putwy In(nwI Itks+ulk6eVrh+Iau.bx 7 Adopted 7/ i 8/95 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 erninent 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 Area after twelve (12) years following the date of adoption of the 2007 Ordinance amending erdinanee adopting 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. Christman] Area, the E.J. Christman2 Area, or the South Bay Town and County Area or in acquiring any 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 1. (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 thc participant's property; the acquisition of adjacent or other properties from the CDC; purchasing or leasing properties in thc 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 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. However, participation opportunities shall c.Wocutttns and settingAddavisVocal6etiwbs4crryt+rary intrtnrs fdrolk&4dplaudoc 8 Adoplekl //1 K/'95 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 CDC and/or owners and husiness 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 husiness 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 be required to join in the recordation of such documents as arc 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 CDC 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 CDC 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 hest interests of the CI)C 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 be required to execute such an agreement. D. (609) Implementing Rules The provisions of Sections 605-608 of this Plan shall he 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 CDC. Such rules allow for Owner Participation Agreements with the CDC. c.41ncmrcurs and acoingsVOLavi,Vocol se. Menwary mrerMrfik:s4>It6eVdpIaa.dtx 9 Adopted 7/IR/95 I:. (610) Cooperation with Public Bodies Certain public bodies arc 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 public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not he acquired without its consent. The CDC shall seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and business tenant participation if such public body is willing to enter into an Owner Participation Agreement with the CDC. All plans for development of property in the Project Area by a public 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 bodies 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 Area. F. (611.) Property Management 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. G. (612) Payments to Taxing Agencies The 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. The CDC may also pay to any taxing agency with territory Iocated 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 Arca had been allocated to all the affected taxing agencies ctlncimrnts and wningAldavis\local scltmgsVemporary mtesnet tdesblkGe\,dplan.doc 10 Adopted 7/18/95 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 defer 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 CDC, contained findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency and thatthe 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 1. (614) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et semc .), 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 families, business concerns and others) displaced by CI)C 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 CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. 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 rYLscusrcms and scIiwb.Wdevu'kxal sraimeNenrpomry mires fiks,olkGcVdplm.doc I. I Adopted 7/18/95 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 construct or to cause to be installed and constructed the puhlic improvements and public utilities (within or outside the Project Area) 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 tither within or outside the Project Area, 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, structure 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. Any obligation of the CDC under such contract shall constitute an indebtedness of the CI)C for the purposes of carrying out this Plan. 3. (619) Preparation of Building Sites The CDC 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. c:'dnsvnrn,s and wtryngs`ddavn\iocnl utiintAl izy taty usuxnct fi}e*,Ik(<\nlplan Anc 12 Adopted 7/1 R/95 4. (620) Removal of Ilazardous Waste To the extent legally allowable, the CDC may take any actions which the CDC determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. 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 CDC is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the 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 CDC 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 he 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. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the CDC. c9dsnnnnsa and scttings`ddassUocal scusngsktemi nuy uttcnra file nolkheVdplan dnc 13 Adopted 7/18/95 7U 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 for 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 be 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 arc 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 1. (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 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. c.Vuuusems ant settingssddav,s\local senwgsktnsgnrary ini,rnet fdessolk4e14 Adoptcd 7/18/95 11 The real property acquired hy the (..DC in the Project Area, except property conveyed to it hy the City, shall he sold or leased to puhlic or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the CDC to the City, and where beneficial to the Project Area, to any other puhlic 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. (628) Purchase and Development Documents 'I'o 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 be 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, 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 ninning 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 he necessary to c.Wucwarans and seltirps`ddasn skunt v:itinp,nrmpr, ry Imrntrt ldrsblk6cVdptan.doc 15 Adopted 7/18/95 I( 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 of real 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, sex, 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 be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non -segregation clauses as are required by law. 2. (629) Personal Property Disposition For the purposes of this Plan, the CDC 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. 2. (632) Authority Generally 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 rehahilitate 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 are 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 destniction or removal, rehahilitate, develop or construct, or cause to he rehabilitated, developed or constructed, for rental or sale c:Wcxwmn s and senors tdavis\oval mutr,pNernp rnry inccrncr flkc\+pdrVdplai hm 16 Adopted 7/18/95 4� to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater numher 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 he amended. 4. (634) New or Rehabilitated Dwelling Units Developed Within the Project 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 Tess than fifty percent (50%) shall be available to and occupied by very low income households. At least fifteen percent (15%) 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 (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. 'l'he 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 housing to be made available pursuant to this Section 634 and not to each individual case of rehabilitation, development or construction 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 Housing Element of the City's General Plan. The plan shall be reviewed and, if necessary, amended at least every five (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 Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the Project; provided, however, that failure c:sciovunsulL and settings'4davicVtual settings \trn ,rary nucrnrt Filr4nik6r\ntplandoc 17 Adopted 7/18/95 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 1100 of this Plan. 6. (636) Relocation Housing If insufficient suitable housing units are 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 are 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 be 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 cost 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 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 earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. In implementing Section 637 of this Plan, the CDC 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 e:s6wuueNs and ;GI'vigsYlAnvicUvnl ulti[4tsVa,µrrwy wtuua t"Jesblk&Wplan Me 18 Adopted 7/18/95 rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, or (b) the 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 Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of 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 he 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 Wocume is and settiaandavis'local seuiug ltemporaty internet fdesV.tkfievdplen dry 19 Adopted 7/1S/95 '1) 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 Mousing Fund. h. 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 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 be those permitted by the General Plan, City zoning ordinances and the local Coastal Plan as they now exist or may hereafter be amended. R. (702) Major Iand Use Designations (as now provided in the General Plan) The following land use categories are presently permitted by the General Plan: RESIDENTIAL Single -Fancily 1.,arge Lot (RS-1) Single -Family Small Lot (RS-2) Single -Family Extendible (RS-3) Two Family (RT) Multifamily Extendible (RM-1) Multifamily Limited (RM-2) Senior Citizen Housing (RM-3) COMMERCIAL c:Wucuntuls and suieysWJavu`Jucal ,thug Aictgvrm) interact IJes`uQe0.4.1u1.dMh: 20 Adopted 7/15/95 2� General Commercial (CG) Medium Commercial (CM) 1.inuted Commercial (CL) Tourist Commercial (CT) Automotive Commercial (CA) lleavy Commercial (CI1) INDUSTRIAL Light Manufacturing (ML) Medium Manufacturing (MM) Heavy Manufacturing (MII) Tidelands Manufacturing (MT) INS'l'Il'Uf'IONAI. Civic Institutional (IL) Private Institutional (IP) OPEN SPACE C. (703) Transportation Center This use district encompasses all of the Commercial Zones (CA, CM, and CH) along National City Boulevard, south of 18th Street to 33rd Street, and 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 dealership on contiguous land within the Transportation Center district. In all agreements entered into by the CDC, 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: • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on contiguous land within the Transportation Center district. • Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous -adjacent property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous -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. c-VIca,inr.nt5 and settmgss davltVocat settmgs4eu4otaty wlenmt tUc'o46e4dpLw.doc 21 Adopttal 7/ 18/95 2'� • 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, Highland 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 easements may be created by the CDC and City in the Project Area as needed for proper development and circulation. The public rights -of -way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (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-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform 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 andabsolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may he permitted to remain as owners of conforming properties without an Owner Participation Agreement with the CDC, provided such owners continue to operate, TA, AW x��w�W�L�i �W.:al snim?sNIcn ornry mrc,wt fiksblklxVdplw,..x. 22 Adopted 7!18/95 use, and maintain the real properties within the requirements of this Plan. An owner of a conforming property may he 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 Arca. P. (708) Nonconforming Uses The CDC 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 Arca for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to all applicable City codes. 1-1. (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 be amended from time to time. 1. (711) New Construction All constnuction 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. c'. VkKud.,d :uxl uuuigs'J L vuVix:d Sell Vie:\Te,rrofnly imern+t ft sV lk(r.4dpDn doe 23 Adopted 7/18/95 2. (712) Rehabilitation Any existing structure within the Project Arca which the CDC enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, 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 be 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 Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the 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. 5. (715) Limitations on Type, Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the 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 he 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 rNocumems and set iings11AnviNxal setiuy,Venepuary inirmn fiksblk4c\idplLu.doc 24 Adopted 7/18/95 No parcels in the Project Area, including any parcel retained by a participant, shall he consolidated, subdivided or re -subdivided without the approval of the City. 9. (719) Variations The CDC is authorized to permit variations from the limits, restrictions and controls established by this Plan. i.n order to permit any such variation, the CDC must determine all of the following: a. Any variation must to be considered must first he 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 purposes 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. c. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be 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 CDC 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 case 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 c\Ltruntuis nat settmg0441avisWoil seiwtgs4et pnrary m•crnwt fiksblk4c4dplan.dx 25 Adopted 7/ I R/95 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. (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 be issued only after the applicant for same has been granted all approvals required by the City and the CDC at the time of application. SECTION VIII. (800) METIIODS 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 canying 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 be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be subject to terms established by an agreement between the 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 be 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 bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation c.N.xumeuts W setting>44LvuVu,:a1 settmgsktempomry inirmel fi cs`nh&4dpIan.d c 26 Adopted 7/18/95 2� 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 be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall he used in determining the assessed valuation of the taxable property in the Project Arca on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the 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 (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property arc paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for c.vlocu enu and se2Irpvlds, .%ocal icuungaltrnwrary ,n,enuri rilrsu1kJevdp4i n doe 27 Adopted 7/1 R/95 the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. 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. Christmanl Arca adopted by Ordinance No. 1.233 on November 18, 1969. • South Bay Town and Country Area adopted by Ordinance No. 1471 on June 24, 1975. • Center City Arca adopted by Ordinance No. 1505 on April 13, 1976. • E.J. Christman2 Arca adopted by Ordinance No. 1610 on December 13, 1977. • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981. • Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on April 16, 1985. The CDC is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The prntion 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. Christmanl 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 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 c:takx:wrcnts and seningstddneistkxal setiwgs4anpunry interact Fdecluplwtdplau.du. 28 Adopted 7/18/95 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 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 South Bay 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 Heath 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 Ilealth 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 I-Iealth 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 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 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 permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to IIeath 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 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 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 H.J. Christman2 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 rVocumet.. awl aamya'JdavisVixal suunts4ar army ImmtIer fiksblk&Wplaadoc 29 Adopted 7/ 18/9S indehtedness 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 December 13, 2027. These limitations shall not he 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 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 Downtown Original Arca, 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 indehtedness with the proceeds of property taxes received pursuant to Ileath and Safety Code Section 33670 or receive property taxes pursuant to I-Iealth 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 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 llealth and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indehtedness, 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 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), (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 after 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 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 c Adocrmeots and settingslddavis\local seltmgs tetrpurM interrrt tilt sloUc6ekdplan.Me 30 Adopter) 7/ 18/95 CDC to receive property taxes, pursuant to IIealth and Safety Code Section 33670 to pay the bonds, indehtedness, or other obligation. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health 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 after 45 years following approval of the ordinance adopting this Plan. These limitations shall not he applied to limit the allocation of taxes to the CDC to the extent required to implement a replacement housing program pursuant to IIealth and Safety Code Section 33413. With respect to the E.J. Christmani Area, notwithstanding any other provision of this Plan, and except as provided in this Section and IIealth 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 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 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 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 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 South Bay 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), (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 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 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 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 indehtedness 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 (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 c:Wox:uments and seuhigsMavis.kx J ctrtInr.temporary mtrmrt filesb!k6otnlplandoc 31 Adopted 7/1 S/95 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 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 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 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 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 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 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 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 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 r.Vkicunrans u: d set, npsVidnvisUunl v.uinp.,\$n nrary 01,nncx fiks nlkkYdpkm dnc 32 Adopted 7/ 18/95 ('I)C to finance in whole or in part the Redevelopment Project shall be established 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 he 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 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 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 Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health 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 established or incurred by the CDC to finance in whole or in part activities authorized under this Plan shall be established or incurred after 20 years following approval of the ordinance adopting this Plan. 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 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 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 face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. cAlocwitnlS aoJ settugs\ddavis\local sencq,svempor'ary totetoet Idc*WIkbcadplaadoc 33 Adopted 7/I8/95 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 Iaw, 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 he 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 for 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 be 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. SECTION IX. (900) ACTIONS BY THE CITY The City shall aid and cooperate with the CDC in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the 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 bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the cMc.,cu cnta end :tninp,+NAnvi,Wca:,cttiuyattemurary in[ernn fiktblk& dplando 34 Adopted 1/18/95 Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever ncccssary, 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 ncccssary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. SECTION X. (1000) ADMINISTRATION ANT) ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the 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. (1100) DURATION OF THIS PLAN With respect to the E.J. Christmanl Area, 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. c,docuneuls alx1 eettuya4lJnvi'Wud setllupVcrporery imenitt fih•N,IkfeVrlplxn rio 35 Adopted 7/18/95 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 N.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 enforce existing covenants, contracts, or other obligations. With respect to the Downtown Original Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 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. 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. SECTION XII. (1200) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. c.4focunents and vnuigs4Llavis\local seuuugs'ez p rasy mlunes filesblitc dpinn doc 36 Adopted 7/18/95 EXHIBIT "A" 1 Westside Areas 1 11 1 • CI IV OF SAN oIFC.O J.� I h -a 41 .rc■.. =u 11111L U I11_.T.11111t 1rwV1: auanll.:IlljpIII iti p o.,�11T� =111111111111Z 11111111N,111ry? .unmu 11111 111014 111 , 1i.1! !11f111■ ■■.111! !III.r_ ^,IF{11111111.fl !i r1'IIi 1 int ;Mimic Mail il■111111 11 I1.11111111.._ 1i—�+_ tir —I.. J• r+ir, • •@€__ 'niu�=ilL e11 11.1111P 1111:_ !II'el! :i11 :us nun 111111II• 11112. :I111111;• :I- 111. 1,111 ■ -c I: ■ I OQ *El mu les Mk a 11 ND t it, 11111 1111111- 1111. 11111111111 =W. 111! O er 11111 .o. 11.1 Er 1 I I • EP MR a 111 SHIM. V l.. ;., la .1111111.1111111111111.Ir ■111111111t11.. - 11111111111.. 1111111'11111 i EP■_ _1S -I ■ •f. 1111 ;7 •P 111111111111: uu111111111- i' +m Palm Ave III"• 8th Street Corridor 1i':mn1p= -1111111 .I I I I WSW. 11,1 -=a ! 1111111111111 . uul.1111 ■u m ■ -- : 1i. QII IIP W1 ■fin. _711111.1■n1 MOVE S 111 .. 11 IIIll =11111111 euf1111: e.11111- :02 Et lE Plaza Blvd �+ IIIII e-rThO •:IIIII110 11 111111.- 1I1111 llI l� puunl uunlgl/ III IIIII Highland Ave Ills -cull 1111111111 ■=.i,11111 0 I 44 � .Iw _ =.rurr I� ■ .. ► = •__ Mile rintrin 1[51 ■■ rul■ 11 I i1rftil L t:• Ill riro,Vt�i:1 � ml Sri ■i •�'. r�rJ� -�_ ■• m n n■ ■.. A-lia Illt�l II !! ��.. 113.���, 30th St/Sweetwater _ �`�+ ►. u., 110. Qs. Id- s .I� .-11. (:H. II A VISTA .1�11 n■u u"u 4,1111 I.IL1 National City Redevelopment Project - Parcels Subject to the 2007 Amendment OPlujectArea Boundary ® 2007 Amendment Area Municipal Boundary c Is Source' National City Planning EXHIBIT "B" DEVELIOPMENT COMMISSION OF IIIE CITY QF N ATT NAL CITY National City Redevelopment Project Area '.`. pm,: j1 ' •1. 1. • ,17-• Jwilsu klisIts1 1. 11 1 �.'Z'1rrcciIl i 11 C 1 1 7 R IL nunn. :1) 11 ! 14 9/UA1•1� 1 _i.-- l_l II•M "JII 1 ' _1.1 1 _i• fr. 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 Easterly line .of Interstate Highway Route 5; thence along' said Easterly line as follows: South 12° 50' 02" East 75.38 feet; thence South 50° 10' East 28.46 feet; thence Southerly along the arc of a 1 200 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 4o 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 North' 72° 14' 25" East 69.20 feet; thence South 17° 07' 17" West 294.76 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 Section 160 of Rancho de la Nation 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; tnence 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' 33" West 125 feet; thence North 1° 08' s5" 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" West 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 Edoemere 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 s Country Shopping Center Map No. 8432; thence along the boundary line thereof, 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 799 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" nest 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_101.80 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 18° 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 tne 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 tne boundary line of Rae Place as shown on said Map No.".1'/40; 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, Map 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 4. along the arc of a 1030 foot radius curve 9u.37 feet; thence North 17° 36' West 685.32 feet: thence Northerly along the are of a 1030 foot radius curve 93.65 feet; thence North 22° 48' 34" West 263.55 feet; thence Northerly along the arc of a 970 foot radius curve S8.19 feet; thence North 17° 36' West 809.97 feet; thence North 10° 47' 26" East 42.23 feet: thence North 17° 41' 02" West 200.33 feet; thence North 25' 18' 33" West 474.78 feet; thence "lord 45° 50' 3G" West 67.83 feet; thence North 17° 43' 57" West 125.00 _eet; thence North 31° 33' 50" West 688.61 f.eet; 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; thencd 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 common boundary line of the City of San Diego and the City of National City; thence along said lire South - 0' 45' 45" West 50.99 feet to an angle point thereon; thence South 89° 58' West along said line 637.21 feet to the West line of Lot 70 feet Horton's Purchase Man No. 283; thence North 0° 01' 30" East along the hest 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 boundary 1500 feet more or less to the point of beginning. The land area contained within the Project Boundary is approximately 2,080 acres. 4 ,�f 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 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' 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 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 ot 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 474.70 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 1 1 th 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 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. Cki. b -C Chris D. Ciremele L.S. 5267 1-24-94 J-12174 EXHIBIT A 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 1 7°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°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 11749, South 72°16'11" 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°54'213" East 504.27 feet to the beginning of a tangent 1 213.1 1 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 fine 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 Yl� 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 474.70 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 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 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. Chris D. Ciremele L.S. 5267 1-24-94 J-12174 EXHIBIT A 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°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 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°16'11" 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 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 17°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 1 26 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) 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 Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company CAAAA,)C Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) EXHIBIT A LEGAL DESCRIPTION SUBAREA 2 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 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°24'1 5" 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 compiled or calculated from existing available record information and not a field survey by Rick En.ineering Company. Ch/u4, CLAimc,ci Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) EXHIBIT A 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 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 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 CjF 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 Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. C %Ui,� A. ClApm4,R Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) V1� • t r „."AAAAA 'ft AAA, NYS Tht Lan I I • I I . L 17: (71,471431th''' 40 f !;r14.f. ,... 4.* ..... 14,4,9 ?.toa4}7.1 J-AT,Wfd0744 40e J.,},--kt 4,11; vkL ci3Nnobir WL4:11." 11 6•34,Plos „f k3,1 r- ,1 ......1 1 ........ r". if.g7; AN. ;V I f Itfakflit* 00037 tr; ...... IN 1.„ .64 tv 0357/138 .4.4•411)(0,),x, Ar4N,734,-)411011 EXHIBIT C PUBLIC FACILITIES AND INFRASTRUCTURE 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: I STRF,ET IMPROVEMENTS: Street improvements, including hut 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 & LIGHTING IMPROVEMENTS: To facilitate iinproved circulation flow and reduce traffic congestion for motorists, pedestrians and bicyclists. III PARK AND RECREATION IMPROVEMENT'S, 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 FACILITY 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: To 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 SAFETY AND SECURITY: To 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 Arca. k `cdc IcticvebpromICcortnponduarovedevelnprenn plan u:euua nvsep:,o draftda(tdo.. Adopted EXHIBIT D LOCATION OF REAL PROPERTY POTENTIALLY SUB,JEC'l"1'O 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 east 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 west 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 5 and National City Boulevard. • All parcels located inuncdiately 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. CITY OF NATIONAL. CITY COMMUNITY DEVFLOPMENT COMMISSION 140 F 12th St, Ste B, National City, CA 91950 Draft Report to. the City Council 2007 AMENDMENT NATIONAL., CITY REDEVELOPMENT PLAN INTELLIGENT COMMUNITY DEVELOPMENT June 2007 ATTACHMENT "B" ROSENOW SPEVACEK GROUP INC. 309 WEST 4TH STREET SANTA ANA. CAI.IFORNIA 927O1-4S02 T 714 541 4S8S R 714 5411175 E INFO:&:WFP..RSC; (:OM WEB RSG.COM REPORT TO COUNCIL COMMUNII Y DEVLLOPMLN1 COMMISSION City of National City TABLE OF CONTENTS i. Introducti.on Plan Amendment 1 A. 'Reasons for the Proposed Amendment and Description of Specific Projects Proposed and I -low These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area Introduction • 4 B. Description of the. Physical and Economic Conditions Existing in the Project. Area Physical Blighting Conditions 6 Economic Blighting Conditions 6 Study Approach and Methodology 7 Economic Conditions that Cause Blight 11 Parcels Needed for Effective Redevelopment 24 Physical and Economic Burden on Community .24 C. Five -Year Implementation Plan 26 D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment 27 E. Method of Financing 28 F. Method of Relocation 29 G. Analysis of the Preliminary Plan 30 II. Report, and Recommendations of the Planning Commission 30 I. Report: of the Project Area Committee 30 J. General Plan Conformance 31 K. Environmental Documentation • 31 L. Report of the County Fiscal Officer 31 M Neighborhood Impact, Report 32 N. Summary of Agency Consultation with Affected Taxing Agencies 32 Attachment 1 - Project. Area Map With Current Eminent Domain .33 Attachment 2 - Negative Declaration 34 11Common\Draft 2001 ill (: 6-i-07.doc INTRODUCTION I PLAN AMENI)MKNT The Community Development Commission of the City of National City ("CDC") is processing an amendment ("2007 Amendment") to the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"). As proposed, the amendment will extend the Commission's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"). --T-he current -exemption- for single family residences would be expanded so that all housing uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The CDC currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: RSG • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to between Division Street and State Route 54. • Properties located immediately north and adjacent between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent between Interstate 5 and National City Boulevard. • Properties located immediately north and south and between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. National City Boulevard, to Civic Center Drive, to Civic Center Drive, adjacent to 8th Street, This amendment will extend the CDC's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would 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. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses. The 2007 amendment will also revise Exhibit C "Public Facilities/Infrastructure Improvement Projects". Revisions to Exhibit C include expanding the descriptions of the project objectives of the existing projects listed in Exhibit C, eliminating the list of streets identified under the Street Improvements project and adding a project entitled Public Page 1 REPORT TO COUNCIL COMMUNITY fFVFI OPMFNT COMMISSION City of National City Safety and Security which as described, provides 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. No other changes to the Redevelopment Plan for the Project Area are included in this amendment. This document is the CDC's Report to the City Council ("Report") for the proposed 2007 Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). Pursuant to Section 33352 of the Law, the Report provides information, documentation and evidence to assist the City Council of National City with their consideration of the 2007 Amendment and in making the various determinations in connection with its adoption. This Report supplements the documentation and evidence contained in previous Reports to the City Council ("Original Reports"), prepared in connection with the original Redevelopment Plan and subsequent amendments; the Original Reports are incorporated herein by reference. Section 33457.1 of the Law dictates the required components of this Report. More specifically, Section 33457.1 states that the information required by Section 33352 is the only information warranted by the 2007 Amendment. Much of the information normally required that pertains to adopting a redevelopment plan was previously documented and presented in the Original Reports. Contents of this Report The contents of this Report are presented in fourteen (14) sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. G The sections are as follows: A. Reasons for the Proposed Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area B. Description of the Physical and Economic Conditions Existing in the Project Area C. Five -Year Implementation Plan D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment E. Method of Financing F. Relocation Plan G. Analysis of the Preliminary Plan Page 2 REPORT TO COUNCIL COIv1MUNii Y DEVELOPMENT COMMISSION City of National City H. Report and Recommendations of the Planning Commission I. Report of the Project Area Committee J. General Plan Conformance K. Environmental Documentation L. Report of the County Fiscal Officer M. Neighborhood Impact Report N. Summary of Agency Consultation with Affected Taxing Agencies RSG Page 3 SECTION A Reasons for the Amendment and Description of Specific Projects Proposed and How these Projects will Improve or Alleviate Blighting Conditions Found in the Project, Area The CDC seeks to amend the Redevelopment Plan and extend the CDC's eminent domain authority (subject to all required procedures under California law) within the area identified as the 2007 Amendment Area as illustrated in Attachment 1. Specifically excluded from eminent domain are properties that are used for residential purposes. The CDC's authority to use eminent domain to acquire property shall run for 12 years from the effective date of the 2007 Amendment to the Redevelopment Plan. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would 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. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will also change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects". The 2007 Amendment does not amend, modify, change or affect in any way modify the Project Area boundaries. The CDC is undertaking the 2007 Amendment in order to expand its ability to assemble sites, thereby facilitating commercial, industrial and residential redevelopment projects in the Project Area. The CDC adopted the 1995 Redevelopment Plan authorizing the current limited eminent domain authority. The 1995 Report to the City Council ("1995 Report") cited socioeconomic conditions such as low median household income, high unemployment, high proportion of residential tenants versus home owners and low residential rents as blighting factors. The 1995 Report also discussed the mixture of land uses many of which are incompatible and/or obsolete as well as small parcel sizes and limited public infrastructure as additional blighting conditions. To facilitate the elimination of the above blighting conditions the CDC has initiated public right-of-way improvements, specific plans for development and environmental remediation of toxic sites over the last 12 years. Unfortunately, these efforts alone have not been successful in the elimination of blight from the Project Area. The CDC's overall efforts have been limited, due to the inability to negotiate land purchase transactions with private property owners. While the CDC has pursued land acquisition and consolidation through open market transactions and limited eminent domain actions, the lack of eminent domain in many commercial and industrial corridors has constrained redevelopment efforts. Because the CDC cannot forcefully encourage property owners to either redevelop or sell abandoned and dilapidated properties, many of these properties continue to be neglected 12 years later. RSG Page 4 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Adopting the 2007 Amendment will extend the Redevelopment Plan's eminent domain authority and afford the CDC one additional tool to eliminate blight in the Project Area, through the facilitation of land assemblage activities or the purchase of dilapidated properties within the areas identified in Attachment 1. R.CS G Page 5 SECTION B Description of the Physical and Economic Conditions Existing in the Project Area This section summarizes the existing physical and economic conditions within the 2007 Amendment Area. PHYSICAL BLIGHTEN(. CONDITIONS Section 33031(a) of the Law describes physical conditions that cause blight as follows: 1. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by: a. Serious building code violations, b. Serious dilapidation and deterioration caused by long-term neglect, c. Construction that is vulnerable to serious damage from seismic or geologic standards, d. Buildings suffering from faulty or inadequate water or sewer utilities. 2. Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by: a. Buildings of substandard, defective, or obsolete design given present general plan, zoning, and other development standards. 3. Adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of redevelopment project areas. The existence of subdivided lots that are in multiple ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes, given present general plan and zoning standards and present market conditions. ECONOMIC BLIGHTING CONDITIONS Section 33031(b) of the Law describes the following economic conditions that cause blight: Depreciated or stagnant property values. 2. Impaired property values due to significance in the presence of hazardous waste where the agency may be eligible to use its authority as specified in Article 12.5. 3. Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings. RSG Page 6 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of Naliona! City 4. A serious lack of necessary commercial facilities such as those normally found in neighborhoods including grocery stores, drug stores, and banks and other lending institutions. 5. Serious residential overcrowding that has resulted in significant public health or safety problems. As used in this paragraph, `overcrowding' means exceeding the standard referenced in Article 5 (commencing with Section 32) of Chapter 1 of Title 25 of the California Code of Regulations. An excess of bars, liquor stores, or adult -oriented businesses that has resulted in significant public health, safety, or welfare problems. 7 A high crime rate that constitutes a serious threat to the public safety and welfare. STUDY APPROACH AND METHODOLOGY Several data sources were utilized to quantify existing conditions of the properties within the 2007 Amendment Area. An important data source was a field survey conducted by Rosenow Spevacek Group, Inc. ("RSG"), consultants to the CDC, in April of 2007. The survey encompassed those areas of the Project Area currently subject to eminent domain. Existing physical and economic conditions of each parcel, as observed from the public right-of-way, were documented. The observed physical and economic blighting conditions included deterioration and dilapidation, structural obsolescence, incompatible adjacent land uses, defective/substandard design and inadequate parcel size. Photographs illustrating the observed blighting conditions are included as Attachment 2 to this Report. The analysis and assessment of the blighting conditions found within the 2007 Amendment Area, is based upon the following sources: 1. The April 2007 field survey by RSG. 2. Commercial and industrial lease rates and vacancy rates from Grubb and Ellis, CB Richard Ellis, Inc. and CoStar Commercial Real Estate. 3. Information and data from the City of National City's General Plan. 4. Information from the City of National City Code Violation Department. 5. Information from the National City Fire Department 6. Information from the National City Police Department While RSG believes all information sources to be reliable, it is not responsible for the accuracy of data provided by such sources. • The survey and supplementary research included analyzing the 2007 Amendment Area to determine the conditions of blight present. The primary blighting conditions observed during the survey were dilapidation and deterioration of buildings and buildings with RSG Page 7 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City substandard or defective design. A summary of these blighting conditions is presented in Table B-1. Physical Blighting Conditions in 2007 Amendment Area Exhibit B-1 National City Community Development Commission Physical Blighting Condition Detrioration and Dilapidation Substandard or Defective Design No. of % of 2007 Occurrences Amendment Area 493 71.24 %o 386 55.78% Note: Some parcels have one or more blighting conditions. Source: RSG Field Survey Buildings Unsafe/Unhealthy to Live or Work In Section 33031(a)(1) of the Law describes physical conditions that cause blight to include "Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities." The following discussion substantiates the presence of serious dilapidation and deterioration caused by long-term neglect in the 2007 Amendment Area. Serious Dilapidation and Deterioration Structures were determined to be dilapidated or deteriorated if they were suffering from deteriorating roofing or eaves; peeling paint; damaged exterior building material; exposed wiring or plumbing; and/or if the buildings were constructed with substandard building materials. Of the 692 parcels identified as being blighted, there were 493 occurrences of dilapidation and deterioration in the 2007 Amendment Area (71.2%). RSG Page 8 REPORT TO COUNCIL COMMUNITY nrVEI OP,MENT COMMISSION City of National City Photo 1: This photo depicts a building along Civic Center Drive showing signs of a rusting metal roof indicating lack of weather proofing materials. Photo 2: Damaged exterior building material on a building along Civic Center Drive. Photo 3: Along Cleveland Avenue this photo depicts a building showing signs of a rusting metal roof indicating lack of weather proofing materials. The property also has broken windows and damaged exterior building materials. RSG Page 9 REPORT TO COUNCIL COMMUNITY OFVF.I.OPMENI COMMt ; ;ION City of National City O Photo 4: Along Civic Center Drive this building has damaged or deteriorating roof eaves and damaged exterior building materials. Physical Factors that Prevent or Substantially Hinder the Economically Viable Use of Buildings or Lots Section 33031(a)(2) of the Law describes physical conditions that cause blight to include "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." The following discussion substantiates the presence of inadequate lot and building size, lack of parking, substandard design and obsolescence. Substandard or Defective Design There were several examples of substandard building materials observed in the properties affected by the 2007 Amendment. Corrugated metal sheeting is a primary example and is not a permitted building material according to the City code. The corrugated metal readily deteriorates from the weather and becomes more structurally unsound as it warps from the elements. Canvas and plastic tarps are also prevalent and are not permitted to be used as building materials by the City. The results of the field survey indicate approximately 429 incidences of substandard or defective designs were present in the 2007 Amendment Area. The industrial parcels affected by the 2007 Amendment represent the older style of development, offering limited or no amenities. Modern industrial buildings often use concrete tilt -up walls that can withstand the physical demands associated with industrial uses. The Project Area has multiple examples of wood -frame residential structures converted to industrial use. Residential wood -frame buildings are not designed to withstand industrial use requirements that may include production equipment or storage mounted to the walls as well as the high level of wear and tear associated with these non-residential activities. These activities cause the wood -frame structure to become dilapidated and wear down prematurely from the high -demands of industrial as well as commercial usage. Other inadequacies of older structures built for other uses include insufficient electrical supply, storage, and indoor manufacturing areas. RSG Page 10 REPORT TO COUNCIL COMMUNI I Y I.)EVELOI'MEN I COMfv1ISSION City of National City Photo 5: Substandard building materials and obsolete design of an abandoned building located on Cleveland Avenue. Photo 6: Substandard building materials and obsolete design of a vacated building located along Harrison Avenue. Photo 7: This photo depicts structures on a property along Civic Center Drive constructed with substandard building material. The structures also show signs of deterioration and dilapidation. RSG Page 11 REPORT TO COUNCIL COMMUN`.TY DFVELOP1' ENT COMMISSION City of National City Structural Obsolescence While inadequate loading, parking and storage are characteristics of small lot size, these deficiencies are also indicative of properties 25 years or older. The deficiencies associated with many older properties are often referred to as obsolescence. Obsolescence is the result of a combination of blight factors, including the age of buildings, lack of maintenance, and a lack of desirable amenities such as parking and tenant improvements that occur as contemporary market standards evolve. For these reasons, obsolescence results in factors that substantially hinder the economically viable use of buildings and lots. Commercial and industrial development standards have changed significantly since the 1965 when over 40% of the commercial and industrial properties in the Project Area were developed. Modern industrial developments offer larger floor and lot sizes along with amenities such as landscaping, on -site parking and adequate loading areas for larger delivery vehicles. Commercial and industrial uses without adequate area often negatively affect surrounding properties through competition for on -street parking and on -street deliveries that restrict access to surrounding properties. Incompatible Adjacent Uses Incompatible adjacent uses where commercial and/or industrial properties are directly adjacent to residential uses were noted on 87 of the properties within the area affected by the 2007 Amendment. Outdoor manufacturing was commonly observed without any noise buffers to surrounding residences. Toxic dust created by outdoor industrial repairs and production drifts in an airbome state to surrounding residential properties, presenting a significant detrimental health and safety condition to these residents. Photo 8: Along McKinley Avenue a residential building between two industrial uses is incompatible for both residential occupants and industrial uses as there are no buffers between the two. RSG Page 12 REPORT TO COUNCIL CUMMuNI I Y DEVELOPMTNT COMMISSION City of National City Photo 9: Residential use along 22nd street adjacent to an industrial use. Photo 10: Residential use along Cleveland Avenue adjacent to an industrial use. Inadequate Lot Size Small parcel sizes particularly in the commercial corridors of 8th Street as well as the industrial portions of the Westside area north of 22nd Street hinder these parcels ability to be rehabilitated and redeveloped. Current development standards for neighborhood commercial development generally require at least a two -acre site and a four -acre site for light -industrial development. There are only 10 properties of four or more acres and 34 properties of two or more acres affected by the 2007 Amendment with 585 commercial or industrial properties being less than one-half acre. Inadequate lot size results in development that either (1) lacks adequate parking, loading and vehicle access; or (2) prohibits redevelopment and reuse of parcels because the density of development that exists today would not be allowed without provisions for adequate parking, loading and vehicle access. New development constructed to modern development standards would be required to provide adequate parking, loading and vehicle access, which many commercial and industrial parcels in the Project Area RSG Page 13 REPORT TO COUNCIL COMMUNITY DFV=.OPMEN i COMMISSION City of National City cannot accommodate. Once these amenities are included, the small lot sizes yield development that is substantially below allowed floor -area -ratios (density) and cause new development to be incapable of supporting the going land values in the Project Area. Photo 11: Along Cleveland Avenue If companies cannot find a consolidated site for operations they use nearby sites and have to transport goods between the areas. This is an unsafe condition for other vehicles as well as the driver of the forklift. Photo 12: The staging of vehicles to be repaired on the sidewalk is shown in this picture of a property along 14"' Street. Photo 13: Another instance of staging of vehicles to be repaired on the sidewalk. Page 14 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of Naliunal City Photo 14: Another instance of staging of vehicles to be repaired as well as the repair of vehicles on the sidewalk. Excessive site coverage can also hinder the economically viable use or capacity of buildings or lots. There are industrial buildings in the area which lack adequate floor space for inside manufacturing and storage. As operations overflow outside into already constrained parking areas, there is nowhere for the parking needs to be met, except for the already congested street area. Inadequate loading is another typical characteristic of properties with insufficient lot size. Often small lots must employ sidewalk and/or street loading due to the lack of adequate on -site space. Unloading in the right-of-way; impedes access to businesses, reduces vehicle sight lines for pedestrian and other vehicular traffic as well as restricts traffic flow creating a hazardous traffic condition. Photo 15: Along Cleveland Avenue, the loading area for this industrial building is inadequate to accommodate larger delivery vehicles such as the one pictured. This creates access issues for the other vehicles seeking to enter and exit the area. R.SG Page 15 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMtSSION City of National City Photo 16: The loading and delivery area for this industrial building along 14'r Street is inadequate to accommodate larger delivery vehicles such as the one pictured. Photo 17: The loading area for this industrial building along Cleveland Avenue shows signs of inadequate space. Outdoor storage and manufacturing is common throughout the Project Area for both commercial and industrial properties. Commercial properties often use outdoor storage for excess materials, trash and other items. The presence of outdoor storage is an indicator that the existing building stock provides inadequate building space for existing business activities. Businesses are using temporary canvas tarp (tent) buildings as permanent additions to existing areas for outdoor manufacturing and production. The 2007 Amendment will provide the CDC with a tool to assemble adequately sized properties, in which site development can meet modern market standards. RSG Page 16 REPORT TO COUNCIL COMMUNITY rFVFLOPMENT COMMISSION City of National City Photo 18: Along Tidelands Avenue, this photo depicts the use of outdoor areas for storage of materials. Photo 19: This photo indicates outdoor storage of materials on a property along Civic Center Drive. Photo 20: This photo indicates outdoor storage of materials on a property along Civic Center Drive. PSG Page 17 REPORT TO COUNCIL COMMUNITY DFVELOPMEN! COMM'SS!ON City of National City Photo 21: Along McKinley Avenue This photo indicates outdoor storage of materials. Code Enforcement Violations Violations of local or state budding codes are a blighting condition identified under Section 33031(a) of the Law. Buildings and structures that do not meet current uniform building requirements, or other local codes mandated to ensure human health and safety, pose a threat to the workers, patrons, and residents of an area. Based on discussions with City staff, most code enforcement cases require at least one, if not two to three additional follow up visits to make sure the violation is not reoccurring. The following is a list of code violations observed by City staff in the commercial and industrial corridors of the properties affected by the 2007 Amendment: • Unsafe wiring such as extension cords being used as permanent wiring, this fire hazard was typically observed in residential structures converted to commercial and industrial uses: • Public right-of-way (streets and sidewalks) being used for manufacturing and repair area, particularly for auto related businesses, which leads to manufacturing debris and pollution being left in the public right-of-way and a hazard to pedestrians; • Due to overcrowding on street parking in commercial and industrial areas, commercial and industrial vehicles are stored on nearby residential streets. Small parcel size also leads to parking of vehicles on grass and other non -paved surfaces, which has contributed to environmental contamination of the Project Area; • Public streets being used for loading and unloading of merchandise, usually blocking or impairing traffic, which is a safety hazard for drivers and pedestrians; • Canvass or plastic tarps were often observed being used as long-term roof covering or to creating an unsafe building addition as well as permanent outdoor work areas; RSG Page 18 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City • Inadequate securing of trash in dumpster enclosures leads to unsanitary conditions; • Illegal dumping of trash (including vehicles) was observed throughout the Project Area, particularly on vacant property or abandoned commercial and industrial properties; • Residential structures converted to non-residential uses without proper permits. Without proper permitting/inspections residential structures cannot be properly evaluated if they are suitable for industrial conversion. For example, multiple residential structures that were being used for commercial/industrial uses were observed to have excessive storage facilities (over 120 square feet of area) in the dedicated setback area, creating a fire hazard; • Outdoor chemical usage in addition, to toxic manufacturing with exhaust and particle venting not to code. This was often observed with outdoor auto repair shops, which in multiple cases are next to residential uses; It is important to note that if all code enforcement violations were corrected in the properties affected by the 2007 Amendment, blighting factors such as environmental contamination, flooding, inadequately sized parcels and unsafe traffic conditions would still remain and the 2007 Amendment would still be justified and beneficial for the Project Area. ECONOMIC CONDITIONS TIIAT CAUSE BLIGHT The preceding section discussed physical conditions, which are indicators of physical blight within the proposed 2007 Amendment Area. This section will present existing economic conditions that are indicative of blight. To accurately represent existing economic conditions, the 2007 Amendment Area has been analyzed and information has been gathered from the City, the County, and private sources to document the deteriorating economic conditions of the 2007 Amendment Area. The primary economic blighting conditions noted in the 2007 Amendment Area were low lease rates, impaired property values due in part to hazardous wastes, and high crime rates. Lease Rates Based on real estate market publications, the Project Area has an average lease rate of $1.25 per square foot for retail properties, which is $0.88 per square foot lower than surrounding markets. Office lease rates are generally $1.98 per square foot or $0.35 - $0.44 per square foot lower than surrounding markets. Overall lease rates within the Project Area tend to be lower than in the surrounding markets because the buildings in the Project Area are older and lack amenities and do not provide opportunities for expansion. Table B-2 shows retail and office lease rates for the Project Area are in the low range when compared to the City of Chula Vista and the County average. RSG Page 19 REPORT TO COUNCIL COMMUNITY DEVELOI'MENI COMMISSION City of National City Lease Rates TABLE B-2 National City Community Development Commission Lease Rate Office Retail National City Chula Vista San Diego County Source: Grubb 8 Ellis $1.98 $2.33 $2.42 $1.25 $2.13 $2.13 According to real estate professionals there are a number of issues that act in concert to impede the economic success of real estate within the some of the older industrial and commercial corridors of the Project Area. For example, when the area developed, the standards for industrial development allowed for smaller lot sizes than would be permitted today and reduced set -backs from other properties. It was also noted that the age of many industrial and commercial buildings renders them obsolete in today's market. Deficiencies mentioned include: Small building size; Lack of parking on -site and off-street; Lack of access to industrial sites; Lack of other amenities or inadequate amenities such as. loading and storage; Low ceiling heights which restrict indoor operations and lead to outdoor manufacturing and/or storage. The overall lack of amenities offered by a majority of industrial and commercial properties in the Project Area attracts less desirable uses which impacts the rents landowners are able to charge. Lower lease rates generally result in little net income to reinvest in buildings to improve their condition. An adequate revenue stream is necessary to enable property owners to perform routine maintenance of their properties. Without funding for repairs, deferred maintenance issues could become health and safety concerns. This may be especially true for older buildings. Impaired Property Values Due in Significant Part to Hazardous Waste The Project Area has multiple locations of environmental concern, most of these sites are found in the area affected by the 2007 Amendment, particularly the Harbor District. Generally there are three land -uses generating environmental contamination in the 2007 Amendment area; large industrial uses (particularly in the Harbor District) along with auto repair facilities, and small-scale industrial manufacturing. The Harbor District is approximately 300 acres of industrial and distribution area at the western edge of the Project Area between Interstate 5 and the San Diego Unified Port District (`Port District") Property along San Diego Bay. In 2003 the CDC undertook a Brownfield's Grant Study Project ("Study Project") with the United States Environmental Protection Agency to determine the extent of the pollution in the Harbor District. The Study Project divided the Harbor District into thirteen (13) sites for individual analysis and concluded that each of the sites likely suffered from hazardous materials contamination, while for some sites there was positive confirmation of contaminated soil and groundwater. RSG Page 20 REPORT TO COUNCIL. COMMUNITY fEVFI OPMENT COMMISSION City of National City Historically the Harbor District was developed between 1885 and 1925 as a railroad staging area for transferring goods to ships on San Diego Bay. Industrial uses in the Harbor District over the last 100 years include: oil recycling and other oil distribution/refining facilities that used underground and aboveground storage tanks (including several gas stations), an ordnance company, aircraft parts manufacturer, a battery manufacturer, tank cleaning businesses, automotive servicing (including wreckers), machine and lumber storage, tool machining and metal fabrication, finishing and plating companies and gravel operations. At the time some of these businesses operated protective environmental regulations that are in place today did not exist. According to the Study Project many of these uses have resulted in the following types of pollution: soil and groundwater contamination with oils, lubricants, solvents, lead, and asbestos, PCBs, corrosives, petroleum hydrocarbons, metals and volatile organic compounds ("VOC's"). Many of these uses generated hazardous wastes that in several cases were illegally disposed of onsite. At least 10 monitoring wells have been installed in the Harbor District to investigate subsurface conditions, with elevated petroleum hydrocarbons having been detected in soil as well as the presence of petroleum hydrocarbons, metals and VOCs confirmed in groundwater monitoring wells. In addition, data obtained in connection with the Study Project shows that environmental sites requiring remedial investigation or that have recently undergone remedial action are highly concentrated in the Project Area. Available data for said environmental sites includes properties for which investigation and/or clean-up efforts are headed by one of the following lead agencies; San Diego Department of Environmental Health, California Regional Water Quality Control Board, and the California Department of Toxic Substances Control. Furthermore, according to environmental attorneys involved with the Study Project and the creation of the City's Brownfield Redevelopment Information System, sites located within the 2007 Amendment Area that have already undergone remedial action are not necessarily presumed suitable for all uses. While the CDC currently has eminent domain authority in the Harbor District and along National City Blvd, it is set to expire in July of 2007 and the 2007 Amendment would extend the CDC's eminent domain authority until 2019 to assist, if necessary, in the clean up of these properties. Photo 22: This Property along National City Boulevard suffers from environmental contamination and cannot be built upon for the foreseeable future. Storage activities are the only usage this site is able to maintain until the pollution subsides and the ground stops sinking. Page 21 REPORT TO COUNCIL coMMUNI I Y DEVELUI'MEN1 COMMISSION City of ,National City Photo 23: Along Bay Marina Drive this site suffers from environmental contamination and is under remediation. However remediation does not guaranty that the site can be built upon in the foreseeable future. The National City Fire Department ("Fire Department") in conjunction with the County issues permits for businesses handling hazardous materials ("Haz-Mat"). Currently, there are approximately 343 Haz-Mat permits in the City, with a high percentage of these being issued in the commercial and industrial corridors of the 2007 Amendment area. Fire Department staff believes the number of actual hazardous materials users or businesses with Haz-Mat permits that do not list all of the hazardous materials used on site, is often times much higher than the actual number of permits issued. During the time period between April 2006 and April 2007, the National City Fire Department responded to 15 Haz-Mat and hazardous release investigation calls inside the 2007 Amendment area. Outdoor manufacturing is a cause of hazardous materials being released in the outside environment, particularly with automobile related businesses. Many auto body shops were observed to be doing grinding of parts and spraying of toxic materials outside. This practice sends these hazardous materials airborne, often to surrounding residents. When these contaminants settle to the ground they either soak into the soil or run into the storm drains as contaminated urban runoff. This runoff eventually finds its way into San Diego Bay. Further, contributing to these conditions are some of the storage practices for chemicals and debris observed during the field survey. Approximately 40% of properties were found to have signs of garbage, debris, stagnant water and/or combustible materials on site. Outdoor storage while being unsightly is also dangerous as holding containers are subjected to weather elements and decompose more rapidly. Numerous substandard building additions were observed to be used for hazardous materials storage. Many of these sheds are made of plywood or canvass tarps that in and of themselves present a fire hazard, but when these substandard structures are combined with hazardous materials storage and usage, it become a significant environmental and fire hazard to the surrounding structures many of which are residential. RSG Page 22 REPORT TO COUNCIL COMMUN{TY nrVrl OPMrNT COMMISSION City of National City Crime A high crime rate that constitutes a serious threat to public safety and welfare is a condition of economic blight. In order to assess the impact of crime within the Project Area, information regarding the incidence of violent and other serious property crime reported by the National City Police Department was analyzed. All police agencies in the County report their crime statistics to the Automated Regional Justice Information System ("ARJIS"), which is a regionally standardized system that enables comparison of the number of crimes reported by jurisdictions across the County. ARJIS reports to the same categories as the nationally recognized Federal Bureau of Investigation ("FBI") Crime Index. The Index includes four violent offenses (willful homicide, forcible rape, robbery, and aggravated assault) and three types of property crimes (burglary, larceny theft, and motor vehicle theft). The offenses included in the FBI Index were selected due to their serious nature and/or volume, as well as the probability that these crimes will be reported to the police. Crime rates in Table B-3 were computed by occurrence per 1,000 persons using San Diego Association of Government 2006 population estimates. The regional crime rate based on ARJIS incorporates both local jurisdictions and unincorporated areas in the County. The 2006 County crime rate based upon ARJIS is 34.2 crimes per 1,000 persons. The 2006 crime rate for the Cities of Chula Vista and San Diego are 35.8 and 39.4 respectively. The 2006 crime rate in National City is 47.4 per 1,000 or 39% higher than the County average and 32% and 20% higher than the Cities of Chula Vista and San Diego respectively. The table on the following page uses data from the 2006 calendar year for all jurisdictions. In addition to having the highest overall crime rate in 2006, National City's crime rates were higher for the following individual categories; robbery, aggravated assault, burglary, and motor vehicle theft. The City had the second highest theft rate and similar murder and rape rates as the rest of the County. Due to the reporting format of ARJIS, crime data for National City is city-wide, which is larger than the proposed 2007 Amendment area. However, it is furthermore determined that a disproportionate share of the City's crime occurs within the boundaries of the 2007 Amendment Area. With the assistance of National City Police Department crime analysts, it is presumed that approximately 12.6% of the City's total reported crimes occurred within the boundaries of the 2007 Amendment area even though the area only constitutes approximately 8.5% of the City's total area PARCELS NEEDED H'OR EFFECT'VE REDEVELOPMENT Section 33321 of the Law states that a project area need not be restricted to buildings and properties that are detrimental to the public health safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A project area may include lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area. Areas cannot be included for the sole purpose of obtaining the allocation of tax increment revenue but must have substantial justification that they are necessary for effective redevelopment. Page 23 REPORT TO COUNCIL COMMUNITY DEEVEI OPMENT COMMISSION City of National City This Report documents that in the area affected by the 2007 Amendment there are parcels that do not exhibit blighting conditions but that they are interspersed with parcels that are blighted and necessitate inclusion in the 2007 Amendment area. The number of and severity of blighted parcels in the Project Area negatively affects the non -blighted parcels because of their appearance and proximity. In addition, there are certain types of blighting conditions that cannot be directly linked to a particular parcel such as substandard on -street parking, which is a cumulative factor. If only parcels that exhibited blighting conditions were included, the 2007 Amendment would not be a contiguous area. The intention of the CDC through the 2007 Amendment is to facilitate rehabilitation programs that will cure health and safety issues and improving the appearance of the Project Area. PIIYSICAL ANI) ECONOMIC BURDEN ON COMMUNITY When evaluated in whole, the numerous physical and economic conditions described in this section of the Report are a serious physical and economic burden on the community. This burden cannot reasonably be expected to be reversed or alleviated by private enterprise and/or existing governmental authority, without the 2007 Amendment. A summary of the issues includes: • The documented presence of environmental contamination in the industrial corridors of the Project Area, causes safety hazards to area occupants and the cost of removal of these substances increases rehabilitation costs. These conditions are an economic burden on the community as property owners choose to maintain obsolete buildings on polluted sites, instead of pursuing new development which would likely require an expensive cleanup of pollutants. • Obsolete buildings attract lower commercial and industrial lease rates, which provide less revenue for property owners to make regular repairs and upgrades. Without periodic maintenance, buildings become deteriorated or even dilapidated due to lack of reinvestment in the properties. • The higher crime rates in the City/Project Area require more calls for service which increases municipal costs and creates an additional burden on community services as public resources are diverted. • Incompatible adjacent uses where commercial and/or industrial properties are directly adjacent to residential uses could subject residents to toxic dust created by outdoor industrial repairs and production. • Response -based code enforcement is unable to address all of the health and safety code violations that exist in the commercial and industrial corridors of the Project Area. The added municipal cost of code enforcement activity is also a burden on the community as municipal resources are diverted from other programs to address code violations. • Inadequate lot size compounds blighting conditions in the Project Area, as these parcels are not of adequate area to accommodate the necessary parking and Page 24 REPORT TO COUNCIL COMMON! I Y DEVELOPMENT COMMISSION City of National City loading amenities, while maintaining safe access to the site. Redevelopment of the small sized parcels in the Project Area is not economically viable for private development, which results in a lack of investment in new development that continues to negatively impacting the surrounding community. The extension of eminent domain authority would provide another tool to assist the CDC in correction of these and other blighting conditions for the properties affected by the 2007 Amendment. The private marketplace has not been successful in achieving the needed lot consolidations for new development due to limited number of property owners willing to enter into negotiations. Utilizing eminent domain would provide the CDC with a greater ability to achieve the Redevelopment Plan goals. The 2007 Amendment would provide the CDC with the ability to rectify the inadequately sized properties, improve circulation, make improvements to the commercial and industrial properties and remove substandard dilapidated buildings. RSG Page 25 SECTION C Five -Year Implementation Plan On June 14, 2005, the CDC adopted its current Five -Year Implementation Plan ("Implementation Plan") for the Project Area. The Implementation Plan was prepared pursuant to Section 33490 of the Law and contains specific goals and objectives for the Project Area, the specific projects, and expenditures to be made during the five-year planning period, and an explanation of how these goals, objectives and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by the proposed 2007 Amendment. The Implementation Plan is incorporated herein by reference. RSG Page 26 SECTION D Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the CDC's use of Financing Alternatives other than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the CDC's use of financing alternatives other than tax increment financing. This information was previously provided in the supporting documentation prepared and provided at the time of the adoption of the existing Project Area. The 2007 Amendment will not make any changes that would affect the validity of the previously prepared documentation supporting the need for tax increment. RSG Page 2 SECTION E Method of Financing The method of financing redevelopment activities was provided in the Original Reports when the Project Area was adopted. The 2007 Amendment will not alter the Project Area boundaries, affect the base year value or change the proposed method of financing. Therefore the 2007 Amendment does not warrant that the method of financing be reviewed. RSG Page 28 REPORT TO COUNCIL COMMUNITY DrVrL.OPMFNT COMMISSION City of National City SECTION F Method of Relocation Sections 33352(f) and 33411 of the Law require the CDC to prepare a method or plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities located within the Project Area. The Law also requires a relocation plan when nonprofit local community institutions are to be temporarily or permanently displaced from facilities actually used for institutional purposes in said Project Area. In addition, the Law requires relocation assistance for commercial and industrial businesses displaced by redevelopment activities. The CDC has previously approved the Relocation of Persons Displaced ("Method of Relocation"), which was amended on July 18, 1995. The final Method of Relocation is incorporated herein by reference and is on file with the Secretary of the CDC. RSG Page 29 REPORT TO COUNCIL COMMUNITY D=\/r.LC)PMFNT COMMISSION City of National City SECTION G Analysis Of The Preliminary Plan An analysis of the Preliminary Plan was provided in the supporting documentation prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the Law, because the analysis of the Preliminary Plan remains the same and is not affected by the 2007 Amendment, additional analysis is not required. SECTION H. Report And. Recommendation Of The Planning Commission Section 33352(h) of the Law requires inclusion of a report and recommendation of the National City Planning Commission ("Planning Commission"). The report and recommendation of the Planning Commission was provided in the supporting documentation prepared at the time the Project Area was adopted. The CDC did not request a new report and recommendation from the Planning Commission for the 2007 Amendment, because it does not affect the Plan's land use provisions and it was previously determined that the existing Plan was in conformance with the adopted General Plan of National City. Therefore, it was not necessary to require the Planning Commission to make additional findings. SECTION T Report Of The Project Area Committee Pursuant to the Law, a redevelopment agency shall call upon the property owners, residents, business tenants and existing community organizations in a redevelopment project area, or amendment area, to form a project area committee ("PAC") if: (1) granting the authority to the agency (CDC) to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate -income persons reside; or (2) add territory in which a substantial number of low- and moderate -income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The CDC did not form a PAC because the 2007 Amendment specifically excludes properties that are used for residential purposes, and no projects or programs have been identified that will displace low- and moderate -income persons. Therefore, it was not necessary to form a PAC pursuant to Section 33385.3 for the purposes of making additional findings. RSG Page 30 REPORT TO COUNCIL COMMUNITY nrVrl OPMrNT COMMISSION City of National City SECTION J General Plan Conformance The 2007 Amendment does not contain provisions which would alter land use designations, nor does the proposed 2007 Amendment affect the land use provisions of the Plan. Information that determined the Plan was in conformance with the General Plan was provided in the documentation prepared at the time the Project Area was adopted. Therefore, Section 33352(j) of the Law requiring a report of General Plan conformance per Section 65402 of the Government Code is not required. SECTION K Environmental Documentation Section 33352(k) of the Law requires environmental documentation to be prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the Plan and the subsequent amendments, the CDC undertook appropriate environmental documentation as necessary. For the 2007 Amendment, a Negative Declaration (Initial Study) was prepared pursuant to California Environmental Quality Act guidelines, which found that the proposed 2007 Amendment to extend eminent domain authority would not have a significant adverse impact on the environment. A copy of the Negative Declaration follows as Attachment 3. SECTION L Report of the County Fiscal Officer The proposed 2007 Amendment will not enlarge the Project Area; therefore, it is not necessary for the CDC to request a base year report from the County of San Diego pursuant to section 33328 of the Law. Project Area fiscal information was provided in the supporting documentation prepared and provided at the time the Project Area was adopted. Because the proposed 2007 Amendment will not alter the boundaries of the Project Area, this report is not needed or required. RSG Page 31 REPORT TO COUNCIL COMMUNI I Y t)EVEL OPMFNT COMMISSION City of National City SECTION M Neighborhood jmpact Report Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact Report. This information is presented in the Original Reports that were prepared and provided at the time Project Area was adopted. Because the proposed 2007 Amendment will not enlarge the Project Area; pursuant to Section 33457.1 of the Law no additional analysis would be appropriate or required. SECTION N Summary of the Agency Consultation with Affected `faxing Agencies Because the 2007 Amendment does not add area to the Project Area, submission of a request to the County to prepare a report pursuant to Section 33328 of the Law was not required or appropriate. Therefore, a summary of this report is not included. With regard to consultations, the taxing agencies received all notices regarding the 2007 Amendment and they were invited to contact the CDC Executive Director regarding the 2007 Amendment. The 2007 Amendment does not affect the financing in any way nor does it change land uses or public improvement projects. Page 32 APPENDICES ATTACHMENT 1. -- PROJECT AREA M.AP WITH CURRENT EMINENT DOMAIN See attached Project Area Map following this page, with eminent domain authority as proposed by the 2007 Amendment. Attachment 1 illustrates the Project Area boundaries and identifies the properties affected by the proposed 2007 Amendment to extend eminent domain authority by an additional twelve years. RSG Page 33 APPENDICES ATTACIIMENT 2 NEGATIVE DECLARATION See attached Negative Declaration following this page. PSG Page 34 Attachment 1 Westside Areas CIIYor SAN DIEGO - *�1- w datums s ?' ��noirl.miie uv nr r uwr. a ,! rr ta 4. ru Adim :0 ;1\i'lATIONAL J i� °-jIHIIHIIIHII•l n4 .amonnb I / 11i`dillU !rrrnl.�rt!trn Palrn Ave 8th Street Corridor PIa7a Blvd Ella ■ = i.: OM MC ur 'i Iaa • . - Li NM Mb r.e - h .w I u! amine Highland Ave e 30th St/Sweetwater CHULA VIS IA National City Redevelopment Project - Parcels Subject to the 2007 Amendment Project Area Boundary FM Existiny Eminent Domain Authority Municipal Rnundary 0. rzs 0.25 c 5 3.75 NM. • Attachment 2 Community Development Commission of National City 1243 National City Boulevard National City, California 91950-3312 Telephone (619) 336-425(1 Fax (619) 336-4286 CALIFORNIA ENVIRONMENTAL QUALITY ACT Redevelopment Plan Amendment 2007 - Negative Declaration A. INTRODUCTION The Community Development Commission of the City of National City (the "CDC") prepared a Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the authority to use eminent domain. The CDC proposes to extend the CDC's existing authority to acquire property, as a lastresort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area. The current exemption for single family residences would be expanded so that all housing uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The Commission currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: ■ Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately west and adjacent to Civic Center Drive, between interstate 5 and National City Boulevard. ■ Propertics located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located iinrnediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. This amendment will extend the Commission's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would 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 puhlicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will also change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects". No other changes to the Redevelopment Plan for the National City Redevelopment Project are included in this amendment. Community Development Commission of National City — Negative Declaration Page 1 Extension of the Authority to Use Eminent Domain The Negative Declaration for the 2007 Amendment evaluated the potential environmental impacts that could occur with snaking the proposed amendments to the existing Redevelopment Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7, 2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan Amendment Negative Declaration should be submitted during this public review period. The Negative Declaration will be considered for approval July 3, 2007. The commercial and industrial properties within the Project Arca that are now subject to the use of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan Amendment to extend the eminent domain time limit in the existing project area, revising Exhibit D to exclude all residential land uses, revising the transportation center section and revising Exhibit C — public facilities and infrastructure is now referred to as the 2007 Redevelopment Plan Amendment, which reflects the stated change. B. CEQA PROVISIONS As stated above, a Negative Declaration was prepared for thc 2007 Redevelopment Plan Amendment pursuant to Section 15070 of the California Environmental Quality Act Guidelines (CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007 Amendment, which did not cause or generate any significant effects. C. ENVIRONMENTAL DETERMINATION The Negative Declaration did not identify any significant or adverse environmental impacts associated with the extension of the eminent domain time limit in the existing project area, revising Exhibit I) to exclude all residential land uses, revising thc transportation center section and revising Exhibit C — public facilities and infrastructure. Pursuant to CEQA Guidelines Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007 Redevelopment Plan Amendment. Community Development Commission of National City — Negative Declaration Page 2 Extension of the Authority to Use Eminent Domain Passed and adopted by the Council of the City of National City, Califomia, on June 19, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Ungab. Nays: None. Absent: None. Abstain: Councilmembers Parra, Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the City otNational City, Califomia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-137 of the City of National City, California, passed and adopted by the Council of said City on June 19, 2007. City Clerk of the City of National City, California By: Deputy