HomeMy WebLinkAbout2007 CC RESO 2007-167 CDCRESOLUTION NO. 2007 — 167
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY APPROVING
THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE NATIONAL CITY REDEVELOPMENT PROJECT
WHEREAS, the Community Development Commission of the City of National
City ("CDC"), is a combined housing authority and redevelopment agency (a public body,
corporate and politic) duly created, established and authorized to transact business and
exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of
Division 24, commencing with Section 33000, et. seq. of the Health and Safety Code of the
State of California); and
WHEREAS, the City Council of the City of National City ("City Council") has
adopted and subsequently amended the Redevelopment Plan for the National City
Redevelopment Project ("Redevelopment Plan"), on November 18, 1969, by Ordinance No.
1233; on June 24, 1975, by Ordinance No. 1471; on April 13, 1976, by Ordinance No. 1505; on
December 13, 1977, by Ordinance No. 1610, and subsequently amended on December 1,
1981, by Ordinance No. 1762; on May 22, 1984, by Ordinance No. 1821; on April 16, 1985, by
Ordinance No. 1851; on June 18, 1991, by Ordinance No. 91-2013; on June 18, 1995 by
Ordinance No. 95-2095; and on June 19, 2001, by Ordinance No. 2001-2187, incorporated
herein by reference, (the "Previous Ordinances"), and has designated the Redevelopment Plan
as the official redevelopment plan for the National City Redevelopment Project ("Project"); and
WHEREAS, the Redevelopment Plan, as adopted and amended, granted the
CDC the authority to acquire certain property within the National City Redevelopment Project
Area ("Project Area") through eminent domain; and
WHEREAS, on July 18, 1995, the City Council adopted Ordinance No. 95-2095,
pursuant to which the City Council approved and adopted the Redevelopment Plan for the
National City Redevelopment Project; said Plan provides that no eminent domain proceeding to
acquire property within the Project Area shall be commenced after twelve (12) years from the
date of adoption by Ordinance No. 95.2095; and
WHEREAS, CDC staff and consultants have determined that blighting conditions
still remain in the Project Area and that the use of eminent domain is necessary to implement
future Redevelopment Plan projects and programs; and
WHEREAS, the CDC has undertaken an amendment to the Redevelopment Plan
that will extend the CDC's authority to acquire property through eminent domain for certain
commercial and industrial zoned properties until 2017, change the current exclusion of eminent
domain on single-family homes to include all lawful residential land uses, modify the
redevelopment plan text as it pertains to redevelopment actions and permitted land uses in the
Transportation Center, and revise the Public Facilities and Infrastructure Improvement Projects
exhibit ("2007 Amendment"). Said 2007 Amendment will not modify the boundaries of the
Project Area; and
WHEREAS, pursuant to Resolution No. 2007-163, adopted on July 10, 2007, the
City Council approved the Negative Declaration for the 2007 Amendment to the National City
Redevelopment Plan. A copy of said Negative Declaration is on file in the office of the City
Clerk, and incorporated herein by reference.
Resolution No. 2007 — 167
July 12, 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby finds and determines that each of the above
recitals is true and correct, and the CDC hereby approves the 2007 Amendment, as attached
hereto and incorporated herein by reference, and recommends that the City Council adopt the
2007 Amendment, attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that after careful consideration, the Community
Development Commission recommends to the City Council that the CDC's eminent domain
authority under the Redevelopment Plan be extended until July 17, 2017.
PASSED and ADOPTED this 12th day of July 2007.
on Morrison, Chairman
ATTEST:
Brad R::" =ecretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
REDEVELOPMENT PLAN
FOR THE
NATIONAL CITY REDEVELOPMENT PROJECT
Prepared:
May 8, 1995
Adopted:
July 18, 1995
Amended:
December 1, 1981
May 22, 1984
April 16, 1985
June 18, 1991
July 18, 1995
June 19, 2001
July _, 2007
Prepared for:
Community Development Commission
of the City of National City
140 E. 12th Street, Suite 13
National City, California 91950-3312
619-336-4250
Prepared by:
Rosenow Spevacek Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
714/541-4585
619/967-6462
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EXHIBIT "A"
Adopted 7/18/95
SECTION I. (100) INTRODUCTION 1
A. (101) General 1
SECTION II. (200) BACKGROUND 2
SECTION 111. (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
F. (611) Property Management 10
G. (612) Payments to Taxing Agencies 10
H. (613) Relocation of Persons Displaced by a Project 11
L (616) 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
1. (720) Design for Development 25
J. (721) Building Permits 26
SECTION VIII. (800) METHODS 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
D. (804) Other Loans and Grants 34
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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
EXHIBIT C 39
EXHIBIT D 40
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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 Area") (Exhibit A), the legal description of
the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and
infrastructure improvement projects (Exhibit C), and a map of the properties potentially
subject to acquisition by eminent domain (Exhibit D).
This Plan has hecn 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, and -Ordinance No. 91-2013 adopted on
June 18, 1991, Ordinance No. 95-2095 adopted on July 18, 1995, and Ordinance No.
2187 adopted on June 19, 2001. This Plan was amended again by Ordinance No.
adopted on July , 2007. This Plan will amend the preexisting Redevelopment Plan as
follows:
• extend the CDC's existing eminent domain at ty-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 VIl (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.
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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 19, 2001 by
Ordinance No. 2187. Of these amendments, only Amendment No. 2 increased the size of the
project area, adding approximately three acres, and enlarging the merged National City
Downtown Redevelopment Project Area to approximately 2,083 acres.
SECTION III. (300) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. "Added Arca" means the territories included in the Project Arca 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 be accomplished by the CDC during the fiscal year.
C. "CI)C" 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.
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G. "County" means the County of San Diego, California.
H. "Disposition and Development Agreement" means an agreement between a
developer and the CDC that sets 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 Area by Ordinance No. 1851 adopted by the City Council on April 16,
1985.
K. "E.J. Christman1 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 Area" means the merged National City Redevelopment Project Area
originally formulated by Ordinance No. 1762 adopted by the City Council on
December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22,
1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June
18, 1991, as depicted on Exhibit A.
N. "General Plan" means the City's General Plan, a comprehensive and long-term
General Plan for the physical development of the City as provided for in Section
65300 of the California Government Code.
O. "Map" means the Map of the Project 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 amending this Plan.
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O. "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.
R. "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 Area and Added Area, which is the territory this Plan applies to, as
shown on Exhibit A.
¥W. "Redevelopment Law" means the California Community Redevelopment Law
(Health and Safety Code, Sections 33000, et seq.) as it now exists or may be
hereafter amended.
WX. "South Bay Town and Country Area" means the territories originally included in
the South Bay Town and Country Redevelopment Projcct Area 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 commercial base of the Project Area.
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• Improve public facilities and public infrastructure.
• Improve inadequate drainage infrastructure.
• Improve and/or provide electric, gas, telephone, and wastewater infrastructure to
both developed and undeveloped properties within the Project Area.
• Promote local job opportunities.
• Encourage the cooperation and participation of residents, businesses, business
persons, public agencies, and community organizations in the
redevelopment/revitalization of the Project Area.
• Implement design and use standards to assure high aesthetic and environmental
quality, and provide unity and integrity to developments within the Project Area.
• Address parcels of property that are: of irregular form and shape, are inadequately
sized for proper usefulness and development, and/or are held in multiple ownership.
• Remove impediments to land disposition and development through the assembly of
property into reasonably sized and shaped parcels served by improved infrastructure
and public facilities.
• Recycle and/or develop underutilized parcels to accommodate higher and better
economic uses while enhancing the City's financial resources.
• Promote the rehabilitation of existing housing stock.
• Increase, improve, and preserve the community's supply of 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.
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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.
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17. Applying for and utilizing grants, loans and any other assistance from
federal or State governments, or other sources.
18. Taking actions the CDC determines 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 Project Area provided: (1) the buildings, facilities,
structures, or other improvements are of benefit to the Project Area; (2) no
other reasonable means of financing the buildings, facilities, structures, or
other improvements are available to the City; and (3) thepayment 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.
To accomplish these actions and to implement this Plan, the CDC is authorized to use the
powers provided in this Plan, and the powers now or hereafter permitted by the
Redevelopment Law and any other State law.
B. (602) Property Acquisition
1. (603) Acquisition of Real Property
Without limitation, the CDC may acquire real property, any interest in property,
and any improvements on it by any means authorized by law including, without
limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease,
option, bequest, or devise.
In addition, the CDC 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;
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or (3) it is necessary to impose upon such property any of the standards,
restrictions and controls of this Plan and the owner fails or refuses to participate in
the Plan by executing an Owner Participation Agreement.
Except as otherwise provided herein, or otherwise provided by law, no eminent
domain proceeding to acquire property within the Project Area shall be
commenced within the Center City Area, the Downtown Original Area, the
Downtown 1985 Amendment Area, and the Added Area after twelve (12) years
following the date of adoption of the 2007 Ordinance amending osElinanee
fiEleptifig 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.
Christinanl 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 E gaged 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 the participant's
property; the acquisition of adjacent or other properties from the CDC; purchasing
or leasing properties in the Project Area; participating with developers in the
improvement of all or a portion of a participant's properties; or other suitable
means consistent with objectives and proposals of this Plan and with the CDC's
rules goveming 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
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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 business tenants
to finance acquisition and development activities in accordance with this Plan;
and whether the proposed activities conform to and further the goals and
objectives of this Plan.
(607) Reentry Preferences for Persons Engaged in Business in the Project Arca
The CDC shall extend reasonable preferences to persons who arc engaged in
business in the Project Area to relocate and reenter in business in the redeveloped
area, if they otherwise meet the requirements prescribed by this Plan and the
CDC's rules governing owner participation and re-entry.
3. (608) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and be
subject to the provisions hereof. In the Owner Participation Agreement,
participants who retain real property shall be required to join in the recordation of
such documents as are necessary to make the provisions of this Plan applicable to
their properties.
In the event a participant breaches the terms of an Owner Participation
Agreement, the 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 best interests of the CDC or City, or that redevelopment can best 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
piles 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.
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B. (610) Cooperation with Public Bodies
Certain public bodies are authorized by State law to aid and cooperate, with or without
consideration, in the planning and implementation of activities authorized by this Plan.
The 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 be 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 located within the Project
Area, other than the City, any amounts of money which the CDC has found are necessary
and appropriate to alleviate financial burden or detriment caused by the Project pursuant
to an agreement executed prior to January 1, 1994. The payments to a taxing agency
pursuant to such an agreement in any single year shall not exceed the amount of property
tax revenues which would have been received by that taxing agency if all the property tax
revenues from the Project Area had been allocated to all the affected taxing agencies
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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 that the payments are necessary to alleviate the
financial burden or detriment.
In the event that such an agreement described in the above paragraph does not exist
between the CDC and an affected taxing agency, the CDC shall remit payments to any
such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment
Law.
H. (613) Relocation of Persons Displaced by a Project
1. (614) Relocation Program
9
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et sec .), 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 CDC
acquisition of property in the Project Area or as otherwise required by law. Such
relocation assistance shall be provided in the manner required by the Method of
Relocation. In order to carry out a redevelopment project with a minimum of
hardship, the 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.
(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 I .aw, and any other applicable pules and regulations.
1. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal
of Hazardous Waste
rtdocuneuts and s ttings`d1avvUtsisromEs\terrQoraty uaenel 1 1
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 public 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 either 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 public 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
CDC 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.
`cL,cumau and se„ inEs eriv isUocd scuu,gevertrorwy inicruci rduoR 6r\rdrInado. 12
Adopted 7/I8/95
4. (620) Removal of Hazardous Waste
i'o the extent legally allowable, the CDC may take any actions which the CDC
determines arc 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 be 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 he 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 retcntion 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 be developed
for the Project Area.
The extent of rehabilitation in the Project Area shall be subject to the discretion of
the CDC based upon such objective factors as:
a. Compatibility of rehabilitation with land uses as provided
for in this Plan.
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.
c.4l.nuueuts and settinystdelavielktcal scttiugsLLeu;uray intent, filehilk(xWplm doe 13
Adopted 7/18/95
e. The need for expansionof 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 Area for building
rehabilitation or alteration in construction, the CDC may, by following all
applicable procedures which are consistent with local, State, and federal law, take
those actions which the CDC determines are necessary to provide for seismic
retrofits.
K. (625) Property Disposition and Development
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 he
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.
l.,d,raimenis and snlIDpa41davnWeal Yttitll8[VCQQoryy intetuel fiksblkhcVdplN.do. 14
Adopted 7/18/95
The real property acquired by the CDC in the Project Area, except
property conveyed to it by the City, shall be sold or leased to public or
private persons or entities for improvement and use of the property in
conformance with this Plan. Real property may be conveyed by the CDC
to the City, and where beneficial to the Project Area, to any other public
body without charge or for an amount less than fair market value.
All purchasers or lessees of property from thc 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, arc 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
To provide adequate safeguards to ensure that the provisions of this Plan
will be carried out and to prevent the recurrence of blight, all real property
sold, leased, or conveyed by the CDC, as well as all property subject to
Owner Participation Agreements, shall 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 thc CDC, such documents or portions thereof shall be
recorded in the office of the Recorder of the County.
Leases, deeds, contracts, agreements, and declarations of restrictions of the
CDC may contain restrictions, covenants, covenants running with the land,
rights of reverter, conditions subsequent, equitable servitudes, or any other
provisions necessary to carry out this Plan.
The CDC shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may he necessary to
c'44xvmenta mid settinvs \ririastOlocal scttinyAterrt{nrary wintst fikAnIk rAntplaidoc 15
Adopted 7/1 R/95
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 rehabilitate buildings or structures, and take any other
such actions as may be 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 destruction or removal, rehabilitate, develop or
construct, or cause to he rehabilitated, developed or constructed, for rental or sale
c'docurrsuls exd seltingaVidmvu o: 1 gAte rnpera y interun fileslolk6eNniplandoc 16
Adopted 7/18/95
to persons and families of low or moderate income, an equal number of
replacement dwelling units which have an equal or greater number of bedrooms as
those destroyed or removed units at affordable housing costs within the territorial
jurisdiction of the CDC. Except as otherwise permitted by law, seventy-five
percent (75%) of the replacement dwelling units shall replace dwelling units
available at affordable housing costs in the same income level of very low income
households, lower income households, and persons and families of low and
moderate income as the persons displaced from those units destroyed. The CDC
may replace destroyed or removed dwelling units housing persons and families of
low or moderate income with a fewer number of replacement dwelling units if the
replacement dwelling units have a greater or equal number of bedrooms and are
affordable to the same income level of households as the destroyed or removed
units to the extent permissible by law as it now exists or may hereafter be
amended.
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 less than fifty percent (50%) shall he 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. The percentage
requirements set forth in this Section 634 shall apply independently of the
requirements of Section 633 of this Plan and in the aggregate to the supply of
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'.'duc utcuts mnl :crtings'ddavtsUxil seoings\letup racy mletoct 11des'o1 6e sdpIao duc 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
I-Iousing Fund shall accnic 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
c rlocumeuta 43.1 watines4141avis\local saliugs4engnrary illerlx1 filesblkf+:vd; :andn
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 be used inside or outside the
Project Area; however, these funds may be used outside the Project Area only if findings
of benefit to the Project Arca are made pursuant to the Redevelopment Law.
8. (638) Duration of Affordability
c.Sdxwiwis and wItIngs,dda.'uUacal Settings teI,4x,nuy imu*si fikSVAK0c\zdp13n.doc 19
Adopted 7/18/95
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 be replaced and (ii) the comparable replacement units
are not developed with moneys from the Low and Moderate 'Income
Housing Fund.
b. Ten years for owner -occupied units. However, the CDC may permit sales
of owner -occupied units prior to the expiration of the 10-year period for a
price in excess of that otherwise permitted under this subdivision pursuant
to an adopted program which protects the CDC's investment of moneys
from the Low and Moderate Income Housing Fund.
SECTION VII. (700) USES PERMITTED IN TIIE 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.
B. (702) Major Land Use Designations (as now provided in the General Plan)
The following land use categories are presently permitted by the General Plan:
RESIDEN I'IAL
Single -Family Large 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 Ilousing (RM-3)
COMMERCIAL
a:Min: rents and srttusgb\ddavi.`J.x-al senwgs'xe.r orary interact tiles,0k6e,rdpinn doe 20
Adoptcd 7/18/95
General Commercial (CG)
Medium Commercial (CM)
Limited Commercial (CL)
Tourist Commercial (CT)
Automotive Commercial (CA)
Heavy Commercial (CH)
INDUSTRIAL
Light Manufacturing (ML)
Medium Manufacturing (MM)
Heavy Manufacturing (MH)
Tidelands Manufacturing (MT)
INSTITUTIONAL
Civic Institutional (IL)
Private Institutional (IP)
OPEN SPACE
C. (703) Transportation Center
This use district encompasses all parcels located within of -the Commercial Zones (CA
and CFO, any part of which zones are adjacent to National City Boulevard, south of 18th
Street to 33rd Street. This use is designed primarily to furnish areas for new and used
automobile and thick sales and services. The objective is to provide for a complete sales
and service unit for each new car dealership on land within the Transportation Center
District. Independent used car sales, services, or repairs will not be permitted unless such
activity is an integral part of a new vehicle dealership. Permitted uses in the
transportation center use district include:
• 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-ad'acent property.
• Sale of vehicle parts and accessories when provided by new vehicle dealership on
eentiguetis-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.
lOcak mkvebpnm4..nespxmderwArcdevek.tntanr plan wrcuduculVdpan•drafidrnfi d« 21
Adapted J_/07
• Other related uses, with the review and recommendation of the Planning Commission,
which are consistent with thc 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 Arca 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 thc 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 and absolute discretion, determine that certain real properties
within the Project Area meet the requirements of this Plan, and the owners of such
properties may be permitted to remain as owners of conforming properties without an
Owner Participation Agreement with the CDC, provided such owners continue to operate,
c.Vlncnti<nts and xttinysVLlavi \ ocal i:itingc\zurporary iutanet files VtrelwWplanduc 22
Adopted 7/18/95
use, and maintain the real properties within the requirements of this Plan. An owner of a
conforming property may be required by the CDC to enter into an Owner Participation
Agreement with the CDC in the event that such owner desires to (1) as provided in the
land use code, construct any additional improvements or substantially alter or modify
existing structures on any of the real property described above as conforming; or (2)
acquire additional property within the Project Area.
F. (708) Nonconforming Uses
The 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 he 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.
H. (710) General Controls and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan. No real property shall be developed, redeveloped,
rehabilitated, or otherwise changed after the date of the adoption of this Plan except in
conformance with the goals and provisions of this Plan and all applicable City codes and
ordinances. The land use controls of this Plan shall apply for the periods set forth in
Section 1100 below. The type, size, height, number and use of buildings within the
Project Area will be controlled by the applicable City planning and zoning ordinances as
they now exist or may hereafter he amended from time to time.
1. (711) New Construction
All construction in the Project Area shall comply with all applicable State and
local laws in effect from time to time. In addition to applicable City codes,
ordinances, or other requirements governing development in the Project Area,
additional specific performance and development standards may be adopted by the
CDC to control and direct improvement activities in the Project Area.
h ewncus aal uatinpsNAnvuscut gslterntvrrary mrrrner hleiutk6eVdpLin dnc
23
Adopted //18/95
2. (712) Rehabilitation
Any existing structure within the Project Area 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, be 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 be placed underground whenever physically possible and economically
feasible on projects funded in whole or in part by the CDC or subject to a
Disposition and Development Agreement or an Owner Participation Agreement.
8. (718) Subdivision of Parcels
C'.W.RW\L'Uts 3M: Xlltags'ddav1AVCAI seuiVY'ternpnaly wet,.filesillkll..VdpI.an.aoc 24
Adopted //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. In order to permit any such variation, the CDC
must determine all of the following:
a. Any variation must to be considered must first be consistent with the
Land Use Code, Title 18.
b. The application of certain provisions of this Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purposes and intent of this Plan.
c. There arc 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.
e. 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.
1. (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 be developed in accordance with the
provisions of such Agreement. One of the objectives of this Plan is to create an attractive
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Adopted 7/18/95
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.
J. (721) Building Permits
Any building permit that is issued for the rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project. Arca from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by the
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) METHODS FOR FINANCING THE PROJECT
A. (SQ1) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the CDC is authorized to finance
implementation of this Plan with assistance from local sources, the State and/or the
federal government, property tax increment, interest income, CDC bonds, donations,
loans from private financial institutions or any other legally available source.
The CDC is also authorized to obtain advances, borrow funds, issue bonds or other
obligations, and create indebtedness in carrying out this Plan. The principal and interest
on such indebtedness may he 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 ponds, 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
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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 be used in determining the assessed
valuation of the taxable property in the Project Area on said effective
date).
2. That portion of said levied taxes each year in excess of such amount shall
be allocated to, and when collected shall be paid into, a special fund of the
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 Arca exceeds the total assessed value of the taxable property
in the Project Area as shown by the last equalized assessment roll referred
to in paragraph (1.) hereof, all of the taxes levied and collected upon the
taxable property in the Project Area shall be paid to the respective Taxing
Agencies. When said loans, advances, and indebtedness, if any, and
interest thereon, have been paid, all monies thereafter received from taxes
upon the taxable property in the Project Area shall be paid to the
respective Taxing Agencies as taxes on all other property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph
(1.) above which is attributable to a tax rate levied by a Taxing Agency for
the purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for
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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 be allocated to the Agency pursuant to Section 802,
paragraphs (1) and (2) herein, will be those in effect when the following
ordinances creating these redevelopment project areas were adopted:
• E.J. Christman) Area adopted by Ordinance No. 1233 on November
18, 1969.
• South Bay Town and Country Area adopted by Ordinance No. 1471 on
June 24, 1975.
• Center City Area adopted by Ordinance No. 1.505 on April 13, 1976.
• E.J. Christman2 Area 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 portion of taxes allocated and paid to the
CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of
and interest on loans, monies advanced to, or indebtedness (whether funded, refunded,
assumed, or otherwise) incurred by the CDC to finance or refinance, in whole or in part,
the redevelopment program for the Project Area.
The number of dollars of taxes which may be 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 Ilealth 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
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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 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 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 Heath and Safety Code Section
33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after
April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to
the CDC to the extent required to eliminate project deficits created under subdivision (g)
of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant
thereto for the purpose of eliminating the deficits or to the extent required to implement a
replacement housing program pursuant to IIealth 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 F.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
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Adopted 7/18/95
indebtedncss with the proceeds of property taxes received pursuant to Heath and Safety
Code Section 33670 or receive property taxes pursuant to IIealth 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 IIealth and Safety Code Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the Downtown Original Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety code Section
33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay
indebtedness with the proceeds of property taxes received pursuant to Heath and Safety
Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section
33670 after December 1, 2031. These (imitations 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 IIealth 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 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 lirnit 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
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Adopted 7/18/95
CDC to receive property taxes, pursuant to Health and Safety Codc Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the Added Area, notwithstanding any other provision of this Plan, and
except as provided in this Section and Health and Safety Code Section 33332(a), or as
otherwise permitted by law, the CDC shall not pay indebtedncss 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 be applied to
limit the allocation of taxes to the CDC to the extent required to implement a replacement
housing program pursuant to Health and Safety Code Section 33413.
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), (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 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 Housing Fund or establishing more debt in
order to fulfill the CDC's housing obligations under IIealth 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 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
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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 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 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 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 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 be established or
incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a
period of time longer than such time limit. Such time limitation may he extended only by
amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be
repaid from the Low and Moderate Income Housing Fund or establishing more debt in
order to fulfill the CDC's housing obligations under Health and Safety Code Section
33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or
restructuring indebtedness 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 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 be repaid from such allocations of taxes established or incurred by the
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32
Adopted 7/1g/95
CDC 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 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 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 he 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 arc 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.
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The amount of bonded indebtedness, to be repaid in whole or in part from the allocation
of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding
at one time shall not exceed $100.0 million, except by amendment to this Plan.
D. (804) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal government,
the State, or any other public or private source will be utilized, if available, as appropriate
in carrying out this Plan. In addition, the CDC may make loans as permitted by law to
public or private entities 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 be 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 hear such
costs.
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
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Adopted 7/18/95
Project Area to be commenced and carried to completion without
unnecessary delays.
4. Imposition, whenever necessary, of appropriate design controls within the
limits of this Plan in the Project Area to ensure proper development and
use of land.
5. Provisions for administration/enforcement of this Plan by the City after
completion of development.
6. The undertaking and completion of any other proceedings necessary to
carry out the Project.
7. The expenditure of any City funds in connection with redevelopment of
the Project Area pursuant to this Plan.
8. Revision of the City zoning ordinance, adoption of spccific plans or
execution of statutory development agreements to permit the land uses and
facilitate the development authorized by this Plan.
SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City and/or the 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 XL (1100) DURATION OF TIIIS 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 lirnit, 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.
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With respect to the Center City Area, except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13,
2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except
to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other
obligations.
With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 13,
2017. After this time limit, the Agency shall have no authority to act pursuant to this Plan except
to pay previously incurred indebtedness and to 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.
cAdoc trticuta and YAtingsddavtAlti 4 settivkle ,olaty wtenlet tiles \olk6c dplan.d0x 36
Adopted 7/18/95
EXHIBIT "A"
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National City Redevelopment Project - Parcels Subject to the 2007 Amendment
ciProject Area Eoundary Ilia 2007 Amendment Area
bb Municipal Boundary
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Source: National City Planning
EXHIBIT "B"
COMISSMONNT
OFTHE
NA��TIppONAL CI•lY
National City
Redevelopment
Project Area
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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 High -way
Route 5; thence along said Easterly line as follows:
Scuth 12° 50' 02" East 75.38 feet; thence South 50* 10'
East 28.46 feet; thence Southerly along the arc of a
200 foot radius curve 65.72 feet; thence South 17° 45' 15"
East 1706.82 feet; thence South 12' 02' 37" East 80.40
feet; thence South 17' 45' 15" mast 290.36 feet; thence
South 72° 14' 25" West 110.07 feet to a tangent 31 foot
radius curve concave Easterly; thence Southerly along
the arc of said curve 48.69 feet; thence South 17° 45' 15"
East 36.78 feet; thence South 3° 59' 30" West 172.85 feet;
thence South 17° 45' 15" East 61.98 feet; thence South
72' 14' 25" West 136.32 feat; 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 feat to the centerline of Sweet-
water River; thence along said centerline Southwesterly
300 feet more or less tO the Westerly line of Lot 12 of
Quarter Section 151; thence Southerly along the Westerly
line of Lots 12 and 11, a distance of 370 feet to the
Northerly line of the Southerly 130 feet of said Lot 11;
thence Easterly along said Southerly line 1274 feet to
the Westerly line of Highland Avenue; thence Northerly
along said Westerly line 502 feet to the Westerly prolonga-
tion of the Northerly line of Trousdale Drive; thence
Easterly along said prolongation 100 feet to the Easterly
line of said Highland Avenue; thence Northerly along said
Easterly line 1342 feet to the Northerly line of Quarter
Section 135 of Rancho de la Nacion; thence North 70° 42' 39"
East along said Northerly line 1144.85 feet to an angle
point on the Easterly line.of Parcel 2 of Parcel Map No.
1308; thence along said line North 43° 34' 25" East 17.09
feet; thence North 7' 25' 33" West 125 feet; thence North
1° 08' 35" 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 said 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 Edgeaere Avenue, Road Survey No. 670; thence
Southeasterly along said Westerly line to the Northerly
line of State Highway Route 54; thence Easterly along said
Northerly line to the Southwesterly corner of Sweetwater
Town & Country Shopping Center 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 79' 21' 42" East 809.08
feet; thence South 81° 09' 17" East 223.73 feet; thence
Easterly along the arc of a 225 foot radius curve 155.79
feet to a compound curve having a radius of 100 feet;
thence Northerly along said curve 204.61 feet; thence North
58° 13' 38" West 176.15 feet; thence Northerly along the
arc of a 350 foot radius curve 222.34 feet; thence North
22° 06' 31" West 282.67 feet; thence North 71° 15' 46"
West 105.74 feet; thence North 69' 22' 14" West 209.66
feet; thence North 78° 34' 34" West 208.58 feet; thence
Westerly along the arc of a 957 foot radius curve 350 feet
more or less to a point on tne 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..1740; 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 tt05 as follows: Northerly along
the arc of a 330 foot radius curve 43.99 feet; thence
North 12' 07' 40" West 258.68 feet; thence Northerly
3
along the arc of a 1030 foot radius curve 98.37 feet;
thence North 17' 36' West 685.32 feet; thence Northerly
along the arc of a 1030 foot radius curve 93.65 feet;
thence North 22' 48' 34" Wes_ 263.55 feet; thence Northerly
along the arc of a 970 foot radius curve 88.19 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' 39" west 474.78 feet; thence
forth 45' 50' 36" West 67.83 feet; thence North 17° 43' 57"
hest 125.00 feet; thence North 31° 33' 50" West 688.61
feet; thence South 78° 59' 11" West 26.20 feet; thence
North 45' 54' u2" West 17.68 feet; thence South 78° 59" 11"
West 96.00 feet; thence North 15' 23' 31" West 30.29 feet;
thence North 43° 19' 20" West 105.88 feet; thence North
17'.44' 49' West 20 feet; thence North 56° 59' 46" East
106.76 feet; thence North 23' 34' 11" West 190.01 feet;
thence North 3' 36' 49" West 142.30 feet; thence North
17° 53' 05" West 540.09 feet; thence North 27° 06' 55"
East 35.36 feet; thence North 17° 53' 05" West 308.70
feet; thence North 25° 49' 53" West 180.84 feet: thence
North 17' 53' 05" West 200 feet; thence North
21. 47' 45' West 250.59 feet; thence North 28° 01' 52"
West 99.44 feet; thence South 51' 58' 08" West 42.24 feet;
thence North 17° 52' 10" West 236.99 feet; thence North
57' 37' 09" West 172.52 feet; thence North 39° 07' 16"
West 452.83 feet: thence South 72° 13' 30" West 6.64 feet;
thence North 17° 46' 30" West 89.72 feet; thence North
46° 21' 02' West 113.63 feet; thence South 72° 00' 25"
West 50.35 feet; thence North 40' 42' 58" West 283.16
feet; thence North 55° 54/ 39" West 457.20 feet; thence
North 50° 24' 12" West 661.84 feet; thence Northerly
along the arc of a 30 foot radius curve 64.23 feet; thence
North 59. 31' 47" West 107.30 feet; thence Northerly along
the arc of a 30 foot radius curve 33.50 feet; thence North
43° 45' 17" West 244.18 feet; thence Northerly along the arc
of a 599 foot radius curve 114.56 feet; thence North
74° 26' 28" West 222.29 feet; thence North 28" 30' 14"
West 28.97 feet; thence North 48° 01' 12" West 188.16 feet
to the common boundary line of the City of San Diego and •
the City of National City; thence along said line South...
0° 45' 45" West 50.99 feet to an angle point thereon;
thence South 89° 58' West along said line 637.21 feet to
the West line of Lot 70 feet Horton's Purchase Map No.
283; thence North 0° 01' 30" East along the West line
thereof 218 feet to the centerline of Delta Street; thence
along said centerline South 89' 55' 25" West 1335.78 feet
to the centerline of Highland Avenue; thence Southerly
along said centerline being along said common 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
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°16'11" 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°54'26" East 504;27 feet to the beginning of a tangent
1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc
of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence
North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot
radius curve concave Northeasterly, to which a radial line bears South 72°42'48"
West; thence Southeasterly along the arc of said curve through a central angle of
34°14'07" a distance of 718.88 feet; thence South 51°31'18" East 233.81 feet to
the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to
which a radial line bears North 38°57'27" East; thence Southeasterly along the arc
of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence
South 17°44'14" East 71 .01 feet; thence South 17°42'10" East 971.98 feet to the
City of National City/Chula Vista City boundary; thence leaving said Easterly railroad
Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map
564 South 72°15'22" West 1629.76 feet to the intersection of the Southerly
prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said
prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40"
West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands
Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04"
West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue
and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way
of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-
way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right-
of-way line of said 24th Street said point being also on the Easterly Right-of-way of
said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands
Avenue North 15 °00'40" West 15.02 feet, said point being a prolongation of the
Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of
Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right-
of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence continuing along said Northerly Right-of-way of 24th
Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and
a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S.
Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21
feet to a point on the boundary of the San Diego Unified Port District lands; thence
along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32"
West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West
1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" -
West 1587.95 feet; thence North 83°24-'28" East 583.96 feet to a point on the
Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands
along said Westerly Right-of-way Tine 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 11th
Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East
290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly
Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of
8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14
feet to the Point of Beginning.
Containing 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.
00,�, . CAI
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
17°45'40" East 2245,01 feet; thence South 02°39'23" East 333.59 feet; thence
South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet;
thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet;
thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23
feet; thence South 30°11'05" West 66.08 feet; thence South 27 ° 10'57" East 34.34
feet; thence leaving said Westerly Right-of-way along the boundary of Record of
Survey 11749, South 72° 16' 11 " West 307.21 feet; thence South 17 °43'49" East
164.89 feet; thence South 72°16'11" 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°54'20" East 504.27 feet to the beginning of a tangent
1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc
of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence
North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot
radius curve concave Northeasterly, to which a radial line bears South 72°42'48"
West; thence Southeasterly along the arc of said curve through a central angle of
34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to
the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to
which a radial line bears North 38°57'27" East; thence Southeasterly along the arc
of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence
South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the
City of National City/Chula Vista City boundary; thence leaving said Easterly railroad
Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map
564 South '72°15'22" West 1629.76 feet to the intersection of the Southerly
prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said
prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40"
West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands
Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04"
West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue
and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way
of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-
way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right-
of-way line of said 24th Street said point being also on the Easterly Right-of-way of
said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands
Avenue North 15 °00'40" West 15.02 feet, said point being a prolongation of the
Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of
Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right-
of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence continuing along said Northerly Right-of-way of 24th _
Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and
a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S.
Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21
feet to a point on the boundary of the San Diego Unified Port District lands; thence
along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32"
West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West
1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32"
West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the
Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands
along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East
365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th
Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet
to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe
Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet
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 11th
Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East
290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly
Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of
8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14
feet to the Point of Beginning.
Containing 542 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company.
Chris D. Ciremele L.S. 5267
1-24-94 J-12174
EXHIBIT A
LEGAL DESCRIPTION
SUBAREA 1 OF HARBOR 9ISTRICT PRELIMINARY REDEVELOPMENT PLAN
These properties located in the City of National City, County of San Diego, State of
California, described as follows:
Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary
Redevelopment Plan; thence South 17°45'40" East 80.00 feet; thence South
88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence
South 31 ° 19'37" East 268.23 feet; thence South 30° 1 1'05" West 66.08 feet;
thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way
along the boundary of Record of Survey 11749 on file in the office of the County
Recorder of San Diego County, 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°54'26" 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
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
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 126 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)
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°24'15" a distance of 732.64 feet; thence North 06°35'32" West
1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32"
West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the
Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands
along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East
365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th
Street); thence along said Northerly Right-of-way North 72°14'20" East 102.64 feet
to the centerline of Harrison Avenue; thence Southerly along said centerline South
17°45'40" East 3301.70 feet to the Northerly Right-of-way line of 23rd Street;
thence along said Northerly Right-of-way line of 23rd Street South 72°14'20" West
40.00 feet to the Westerly Right-of-way of Harrison Avenue; thence along said
Westerly Right-of-way South 17°45'40" East 330.20 feet to the TRUE POINT OF
BEGINNING.
Containing 113 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick En.ineering Company.
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
North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street;
thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the
POINT OF BEGINNING.
Containing 78 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company.
Chi LA . Cl,47md
Chris D. Ciremele 1-24-94
L.S. 5267 (Job No. 12174)
REVISED 1-24-g4
COURSE IAILE
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BOUNDARY PLAT FOR
NATIONAL CITY HARBOR DISTRICT
PRELIMINARY REDEVELOPMENT PLAN
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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 be limited to:
I STREET IMPROVEMENTS: Street improvements, including but not limited to street
construction, median construction, drainage improvements, landscaping and street furniture
throughout the Project Area and the construction of additional streets to improve circulation.
II TRAFFIC SIGNAL, TRAFFIC CALMING, PARKING & LIGHTING
IMPROVEMENTS: To facilitate improved circulation flow and reduce traffic congestion for
motorists, pedestrians and bicyclists.
III PARK AND RECREATION IMPROVEMENTS, LIBRARY AND ARTS FACILITIES:
To provide safe, attractive, and well -maintained park and recreation facilities for the public by
rehabilitating and/or installing improvements and amenities at parks, recreation and open space
locations throughout the Project Area.
IV CAPITAL 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 IIOUSING 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.
VTI 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 Area.
h `.cdc:nitre:',pn u'conesxmdcmeardevdnporn: plan a:: icn:V.^.olan.dtafldraftdcx
Adopted _;_;o i
EXHIBIT. 1)
LOCATION OF REAL PROPERTY POTENTIALLY
SUBJECT TO ACQUISITION BY EMINENT DOMAIN
Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the
use of eminent domain:
Existing Area (as defined in Section 300 of this Plan)
• All parcels located immediately 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 north and adjacent to Civic Center Drive, between Interstate
5 and National City Boulevard.
• All parcels located immediately south and adjacent to Civic Center Drive, between interstate
5 and National City Boulevard.
• All parcels located immediately north and south and adjacent to 8th Street, between Interstate
5 and "D" Avenue.
Added Area (as defmed 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 SPECIFICAI,LY EXCLUDED FROM THE USE OF
EMINENT DOMAIN. The residential exemption applies to those single-family and multi -family
residences that are:1) a lawful conforming use or lawful nonconforming use as a residence;2) a
dwelling as defined by National City Municipal Code section 18.04.208 as it currently exists or is
hereaflcr amended; and 3) the primary intended use of the structure is for a residential use.
Structural Obsolescence
Westside Areas
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National City Redevelopment Project
QProject Area Boundary - 2007 Amenth nen1
Mumma! Boundary all Structural Obsolescence
EXHIBIT "B"
Source: National City Planning
Passed and adopted by the Community Development Commission of the City of
National City, California, on July 12, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Ungab.
Nays: None.
Absent: Commissioners Parra, Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, CDevelopment Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-167 of the Community Development Commission of the City
of National City, Califomia, passed and adopted on July 12, 2007.
Secretary, Community Development Commission
By:
Deputy