HomeMy WebLinkAbout2000-06-27; City Council; 15803 Exhibit 1; Redevelopment PlanEXHIBIT 1
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Redevelopment Plan
Prepared for:
CmlsbadHosing cmdRedevelopment Comm&sion
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008
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Rosenow Spevacek Group, Inc.
540 N. Golden Circle, Suite 305
Santa Ana, CA 92705
Phone 714.541.4585
Fax 714.836.1748
E-Mail: RSGINCCA@aol.com
SECTION I .
A .
SECTION I1 .
SECTION I11 .
SECTION IV .
SECTION V .
A . B . C . D . E . F . G . H . I .
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K . L .
SECTION .
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A . B .
C . D . E . F . G .
SECTION VI1 .
A . B . C . D . E .
SECTION VI11 .
SECTION IX .
TABLE OF CONTENTS
(100) INTRODUCTION .......................................................................... 1
General ........... , .................................................................................................. 1
(200) GENERAL DEFINITIONS .......................................................... 1
(300) PROJECT AREA BOUNDARIES ............................................... 2
(400) REDEVELOPMENT PLAN GOALS ................... : ...................... 3
(500) REDEVELOPMENT ACTIONS ................................................. 3
General .............................................................................................................. 3 Property Acquisition .......................................................................................... 5 Participation by Owners and Persons Engaged in Business ............................. 6 Implementing Rules .......................................................................................... 7 Cooperation with Public Bodies ....................................................................... 7 Property Management ....................................................................................... 8
Payments to Taxing Agencies ............................................ ............................. 8 Relocation of Persons Displaced by a Project .................................................. 8 Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste ................................................ 9 Rehabilitation, Moving of Structures by the Commission and Seismic Repairs ........................................................................................................ 10 Property Disposition and Development .......................................................... 12 Provision for Low and Moderate Income Housing ........................................ 15
(600) USES PERMITTED IN THE PROJECT AREA .............. ....... 15
Map and Uses Permitted ................................................................................. 15 Public Uses ..................................................................................................... 15 Nonconforming Uses ...................................................................................... 16
Interim Uses ..................................................................................... : .............. 16
General Controls and Limitations .............................................................. .. .... 17
Design for Development ................................................................................. 19 Building Permits ............................................................................................. 19
(700) METHODS FOR FINANCING THE PRmCT .................... 20
General Description of the Proposed Financing Methods ................ .. ............. 20 Tax Increment Revenue .................................................................................. 20 Commission Bonds ......................................................................................... 21 Other Loans and Grants .................................................................................. 22 Rehabilitation Loans, Grants, and Rebates ..................................................... 22
(800) ACTIONS BY THE CITY .......................................................... 22
(900) ADMINISTRATION AND ENFORCEMENT ......................... 23
SECTION X. (1000) PLAN LIMITATIONS ..................... .L.. ............................. .........24
A. Amount of Bonded Indebtedness Outstanding At Any One Time ................. 24 B. Time Frame to Incur Indebtedness ................................................................. 24
C. Duration of this Plan ....................................................................................... 24
D. Time Frame to Collect Tax Increment Revenue ........................................... i.25
SECTION XI* (1100) PROCEDURE FOR AMENDMENT ......................................... 25
EXHIBITS
A. Project Area Map of the South Carlsbad Coastal Redevelopment Project B. Legal Description of the Project Area Boundaries C. Listing of the Proposed Projects, Public Facilities and Infrastructure Improvements D. Diagram of Permitted Land Uses
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A. (101) General
This is the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project
(“Plan”), located in the City of Carlsbad, California. It consists of the text (Sections 100
through 1 loo), the Project Area Map of the South Carlsbad Coastal Redevelopment
Project Area (“Project Area”) (Exhibit A), the I.egaI description of the Project Area
boundaries (Exhibit B), a listing of the proposed projects, public facilities, and
infrastructure improvement projects (Exhibit C), and a diagram of permitted land uses
(Exhibit D). ’ .,
This Plan has been prepared by the Carlsbad Housing and Redevelopment Commission
(“Commission”) 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 a Preliminary Plan formulated and adopted by the Carlsbad
Planning Commission and Housing and Redevelopment Cornmission on October 6, 1999
and October 19, 1999, respectively.
SECTION 11. (200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. . “Annual Work Program” means that portion of the Commission’s annual budget
that sets forth programs and goals to be accomplished by the Commission during
the fiscal year.
B. “City” means the City of Carlsbad, California.
C. “City council^' means the legislative body of the City.
D. “Cornrnission~’ means the Carlsbad Housing and Redevelopment Commission.
E. “County” means the County of San Diego, California.
F. “Disposition and .Development Agreement” means an agreement - between a
developer and .the Commission that sets forth terms and conditions for
improvement and redevelopment.’
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“General Plan” means the General Plan of the City, the comprehensive and long-
term general plan for the physical development of the City, as it exists today or is
hereafter amended.
“Legal Description” means the metes and bounds legal description of the Project
Area attached hereto as Exhibit B.
“Map” means the map of the Project Area attached hereto as Exhibit A.
“Method of Relocation” means the methods or plans adopted by the Commission
pursuant to Sections 33352(f) and 3341 1 of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or permanently
displaced by actions of the Commission.
“Ordinance” means City Council Ordinance No. adopted on
adopting this Plan.
“Owner Participation Agreement” means an agreement between the Commission
and an Owner which sets forth terms and conditions for use of property, andor its
improvement andor its redevelopment as to a specific property.
“Person”. means an individual(s), or any public or private entities.
“Plan” means the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project.
“Project” means the South Carlsbad Coastal Redevelopment Project.
“Project Area” means the South Carlsbad Coastal Redevelopment Project Area,
which is the territory this Plan applies to,.as shown on Exhibit A.
“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.
“State” means the State of California.
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“State Law” means an enactment of State of California, and includes such
regulations as have the force of law.
SECTION 111. (300) 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.
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.. SECTION Iv. (400) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals:
0 Eliminating blight and environmental deficiencies in the Project Area.
0 Assembling of land into parcels suitable for modem, integrated development with
improved pedestrian and vehicular circulation in the Project Area.
Replanning redesigning, and developing properties which are stagnant or improperly
utilized.
0 Increasing, improving, and preserving the community's supply of housing affordable
to very low, low, and moderate income households.
0 Developing new beach and coastal recreational opportunities.
0 Facilitating the redevelopment of the Encina power generating facility to a smaller,
more efficient power generating plant.
0 Funding the Carlsbad Boulevard realignment which will yield excess property that
(. - . could facilitate expansion of the Carlsbad State Beach. campgrounds- and other
recreational facilities, and/or development of cultural facilities or other public
facilities.
Retaining as many existing businesses as possible by means of redevelopment and
rehabilitation activities.
0 Enhancing commercial and recreational functions in the Project Area.
Strengthening the economic base of the Project Area and the community by the
instalIation of needed on- and off-site improvements to stimulate new
commercialhdustrial expansion, employment, and economic grow@.-, '.
Increasing parking and open spaces amenities.
0 Implementing performance criteria to assure quality site design environmental
standards to provide unity and integrity to the entire Project Area development.
SECTION V. (500) REDEVELOPMENT ACTIONS
A. (50 1) ' General
Carhbad Housing and Redevelopment Commirsion South Carhbad Coastal Redevelopment Project
February 9,2000 3 Drafi Redevelopment Plan
The Commission proposes to alleviate and prevent the spread of blight and deterioration
in the Project Area through:
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The acquisition, installation, construction, reconstruction, redesign, or
reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices,
flood control facilities, buildings, structures, parks, playgrounds, and other
public improvements/public facilities.
The rehabilitation, remodeling, demolition, or removal of buildings,
structures, and improvements.
The rehabilitation, development, preservation, provision, or construction
of affordable housing in compliance with State Law.
Providing the opportunity for participation by owners and tenants
presently located in the Project Area and the extension of preferences to
persons engaged in business desiring to remain or relocate within .the
redeveloped Project Area.
Providing relocation assistance to displaced residential and nonresidential
occupants in accordance with applicable State Law.
The development or redevelopment of land by private enterprise or public
agencies for purposes and uses consistent with the objectives of this Plan.
The acquisition of real property, personal property, any interest in
property, and improvements on the property by purchase, lease, option,
grant, bequest, gift, devise, or any other ladl means, or, where it is
deemed necessary, by exercising the power of eminent domain,
permitted by Section 503 of this Plan, after conducting appropriate public
hearings and making 'appropriate findings. ,
Site preparation and development and construction of necessary off-site
improvements. ,.- r
Increasing open space.
Managing property acquired by the Commission.
Providing financing for the assistance of commercial and industrial
development that increases the economic base of both the Project Area and
the City, and the number of temporary and permanent jobs.
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The disposition of real, personal, or any interest in property through
methods such as sale, lease, exchange, subdivision, transfer, assignment,
pledge, encumbrance or any other lawful means of disposition.
Recommending standards to ensure that property will continue to be used
in accordance with this Plan.
The closure or vacation of certain streets and the dedication of other areas
for public purposes.
Providing replacement housing, as required.
Applying for, receiving and utilizing,grants and loans from federal or state
governments or any other source.
Clearing or moving buildings, structures or other improvements from any
real property acquired by the Commission.
TO accomplish these actions and to implement this Plan, the Commission 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. . (502) Prooertv Acquisition
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1. - (503) Acquisition of Real ProDertv
The Commission may acquire real property by any means authorized by law,
including by gift, grant, exchange, purchase, cooperative negotiations, lease
or any other means authorized by law, including eminent domain.
Except as otherwise provided by law, no eminent domain proceeding to acquire
property within the Project Area shall be commenced after twelve (12) years
following the date of adoption of the Ordinance. Such time limitations may be
extended only by amendment of this Plan. ,.- "'
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TO the extent required by law, the Commission 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;
or (3) it is necessary to impose upon such property any of the standads,
restrictions and controls of this Plan and the owner fails or refuses to participate in
the Plan pursuant to Sections 506 through 509 of this Plan and applicable
provisions of the Redevelopment Law.
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2. (504) Acquisition of Personal Property, Any Other .Interest in Real Propertv. or
-4nv Improvements in Real Property
Where necessary in the implementation of this Plan, the Commission is
authorized to acquire personal property any other interest in property and any
improvements on property by any lawful means.
C. (505) Particbation by Owners and Persons Engaged in Business
1. (506) Owner Participation
This Plan provides for opportunities 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 Commission;
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 &d with the
Commission's rules governing owner participation and re-entry.
In addition to opportunities for participation by individual persons and firms, - participation, to the extent it is feasible, shall be available for two or more
persons, firms or institutions, to join together in partnerships, corporations, or
other joint entities.
The Commission desires participation in redevelopment activities by as many
owners and business tenants as possible. However, participation opportunities
shall necessarily be subject to and limited by such factors as the provision or
expansion of public improvements and/or public utilities facilities; elimination
and changing of land uses; realignment of streets; the ability of owners and
business tenants to finance acquisition and development adtivities in accordance .
with this Plan; development experience, where applicable, availability of
franchises, whether the proposed activities conform to and further the goals and
objectives of this Plan; and any change in the total number of individual parcels in
the Project Area.
2. (507) Reentrv Preferences for Persons Engaged in Business in the Proiect Area
The Commission shalI extend reasonable preferences to persons who are engaged
in business in the Project Area to relocate and reenter in business in the
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redeveloped area, if they otherwise meet the requirements prescribed by this Plan
and the Commission's rules governing owner participation and re-entry.
3. (508) Owner Participation Aereements
Under an Opbner 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.
Owner Participation Agreements shall include appropriate remedies such as the
ability of the Commission to declare the Owner Participation Agreement
terminated and acquire the real property or any interest therein, and sell or lease
such real property or interest therein for rehabilitation or development in
accordance with this Plan in the event a participant breaches the terms of such
Owner Participation Agreement.
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If confl icts develop between the desires of participants for particular sites or land
uses, the Commission is authorized .to establish reasonable priorities and
preferences among the owners and tenants.
.. Where the Commission determines that a proposal for participation is not feasible,
is not in the best interests of the Commission or City or that redevelopment can - best be accomplished without affording a participant an opportunity to execute an
Owner Participation Agreement, the Commission shall not be required to execute
an Owner Participation Agreement.
D. (509) ImplementinrZ Rules
The provisions of Sections 505 through 508 of this Plan shall be implemented according
to the rules adopted by the Commission prior to the approval of the Ordinance, which
may be amended from time to time by the Commission. Such vies allow for Owner
Participation Agreements with the Commission. ',, +
E. (5 10) 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 Commission 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.
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Property of a public body shall not be acquired without its consent in accordance with
State Law. The Commission shall seek the cooperation of all public bodies which own or
intend to acquire property in the Project Area.
The Commission 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
Commission 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. (5 1 1) ProDertv Management
During such time as property, if any, in the Project Area is owned by the Commission,
such property shall be under the management and control of the Commission. Such
properties may be rented or leased by the Commission pending their disposition.
G. (5 12) Pavments to Taxine Aeencies
The ‘Commission 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. ’
In addition, to the extent required by State Law, the Commission shall remit payments to
the affected taxing agencies in a manner consistent with Section 33607.5, Section
33676(b), and any other pertinent and applicable sections of the Redevelopment Law.
All such amounts shall be calculated after the amount required to be deposited in the Low
and Moderate Income Housing Fund has been deducted from the total amount of tax
increment funds received by the Commission in the applicable fiscal year. ’ Such
payments shall be reduced in accordance with the provisions of,Section 33607.5 of the
Redevelopment Law or any other applicable statute. Such bayrnents shall be the
exclusive payments that are required to be made by the Commission to affected taxing
entities for the duration of this Plan. Such payments may be subordinated to loans,
bonds, or other Commission indebtedness as provided by the Redevelopment Law.
H. (5 13) Relocation of Persons Disdaced bv a Proiect
1. (5 14) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, gt seq.) (“Relocation Assistance Act”), the
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February 4,2000 8 Draft Redevefopmeni Plan . LI f, !
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guidelines adopted and promulgated by the California Department of Housing and
Community Development (“Relocation Guidelines”) and the Rules and
Regulations for Implementation of the California Relocation Assistance Law
(“Relocation Rules”) adopted by the Cornmission, the Commission shall provide
relocation benefits and assistance to all “displaced” persons (including families,
business concerns, and others) as may be required by law. Such relocation
assistance shall be provided in the manner required by the Relocation Rules. The
Cornmission shall make a reasonable effort to relocate displaced individuals,
families, and commercial and professional establishments within the Project Area.
The Commission is also authorized to provide relocation for displaced persons
outside the Project Area.
-. 3 (5 15) Relocation Benefits and Assistance
The Commission shall provide all relocation benefits required by ‘law and in
conformance with the Relocation Rules, Relocation Guidelines, Relocation
Assistance Act, the Redevelopment Law, and any other applicable rules and
regulations.
I. (5 16) Demolition, Clearance. Public Immovements, Site Preparation and Removal
of Hazardous Waste
1. (5 17) Demolition and Clearance
The Commission is authorized, for property acquired by the Commission 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. (5 18) Public Improvements
TO the greatest extent permitted by law, the Commission is authorized to install
and construct, or to cause to be installed and constructed, the public
improvements and public utilities (within or outside the Proj+ect Area) necessary to
carry out the purposes of this Plan. Specifically, the Conhision may pay for,
install, or construct the buildings, facilities, structures, .and other improvements
identified in Exhibit C, attached hereto, and may acquire or pay for landrequired
therefor. Additionally, the Commission is authorized to install and constmct, or
to cause to be installed and constructed, within or without the Project kea, for
itself or for any public body or entity for the benefit of the Project Area, public
improvements and public facilities, including, but 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; trails; plazas; playgrounds; motor vehicle parking facilities;
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3.
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ladsczped areas; schools; civic, cultural and recreational fzcilities; camping
facilities; and pedestrian improvements, The public facilities and infrastructure
improvement projects that may be undertaken by the Commission pursuant to this
Plan =e identified in the General Plan, and capital improvement program,
incorpcrated herein by reference.
The Commission, as it deems necessary to carry out the Plan and subject to the
consent of the City Council, as may be required by the Redevelopment Law, may
pay all or part of the value of the land for and the cost of the installation and
constmction of any building, facility, structure or other improvement which is
publicly owned either within or outside the Project Area, upon both the
Commission 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
Commission 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 Commission under such contract shall constitute an
indebtedness of the Commission for the purposes of carrying out this Plan.
(5 19) Preparation of Building Sites
Any real property owned or acquired by the Commission may be developed as a
building site. 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 this Plan,
(520) Removal of Hazardous Waste
To the extent legally allowable, the Commission may, in it's. sole discretion, take
any actions which the Commission determines. are necessary and which are
consistent with other State and federal laws, to remedy or remove a release of
hazardous substances on, under, or from property withm the Project Area.
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(521) Rehabilitation. Moving of Structures by the Commission and'seisrnic Repairs
1. (522) Rehabilitation and Conservation
The Commission is authorized to rehabilitate and conserve, or to cause to be
rehabilitated and conserved, any property, building or structure owned by the
CarDbad Housing and Redevelopment Commksion South CarlsbUd Coastal Redevelopment Project
February 4,2000 10 Draft Redevelopment Pian
commission. The Commission 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
Commission to the extent permitted by the Redevelopment Law. The
Commission is authorized to acquire, restore, rehabilitate, move and conserve
buildings of historic or architectural significance.
The Commission 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 Commission 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
Commission.
e. The need for expansion of public improvements, facilities
and utilities.
f. The assembly and development of propertiesiin accordance
with this Plan. '.
The Commission may adopt property rehabilitation standards for the rehabilitation
of properties in the Project Area.
2. (523) Moving of Structures
As necessary in carrying out this Plan, the Commission is authorized to move, or
to cause to be moved, any building structures or other improvements from
real property acquired.
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3. (524) Seismic Reuairs
For any project undertaken by the Commission within the Project Area for
building rehabilitation or alteration in construction, the Commission may, by
following all applicable procedures which are consistent with local, State, and
federal law, take those actions which, the Commission determines are necessary to
provide for seismic retrofits.
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K. (525) Propertv Disuosition and Development
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1. (526) Real Prouenv DisDosition and Development
a. (527) General
For the purposes of this Plan, the Commission 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 Commission 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
Commission acquired in whole or in part, directly or indirectly, with tax
increment moneys is sold or leased for development pursuant to this Plan,
such sale or lease shall be first approved by the City Council after public
hearing, together with such findings as may then be required by State Law.
The real property acquired by the Commission in the Project Area, except
property conveyed by it to the City or any other public body, 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 Commission to the City, and where beneficial to the
Project Area, to any other public body without charge or for an amount
less than fair market value.
All purchasers or lessees of property from the Commission 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 Commission fixes as reasonable, and to comply with other
conditions which the Commission deems necessary to carry out the
purposes of this Plan.
During the period of redevelopment in the Project Area, the Commission
shall ensure that all provisions of this Plan, zycj other documents
formulated pursuant to this Plan, are being observed’and that development
of the Project Area is proceeding in accordance with applicable
development documents and time schedules.
All development, whether public or private, must conform to this Plan and
all applicable federal, State, and local laws, including without limitation
the General Plan and zoning ordinance, and all other state and local.
building codes, guidelines, or specific plans as they now exist or are
hereafter amended. Such development must receive the approval of all
appropriate public agencies.
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b. (525) Purchase and DeveloDment 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 otherwise disposed of by the Commission, as well as all
property subject to Owner Participation Agreements and Disposition and
Development Agreements, shall be made subject to the provisions of this
Plan by leases, deeds, contracts, agreements, declarations of restrictions,
provisions of the General Plan and zoning ordinance, and all other state
and local building codes, guidelines, or master or specific plans as they
now exist or are hereafter amended, conditional use permits, or other
means. Where appropriate, as determined by the Commission, 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
Commission 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 Commission shall reserve such powers and controls in Disposition
and Development Agreements or similar agreements as may be necessary
to prevent transfer, retention, or use of property for speculative purposes
and to ensure that redevelopment is carried out pursuant to this Plan.
The Commission shall obligate lessees and purchasers of real property
acquired in the Project Area and owners of property improved as part of a
redevelopment project to refrain from restricting the rental, sale or lease of
the property on the basis of race, color, religion, sex, marital status,
ancestry, or national origin of any person. 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 Redevelopment Law.
2. (529) Personal Propertv Disposition
For the purposes of this Plan, the Commission is authorized to seil, lease,
exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of
personal property or any other interest in property by any lawful means.
3. (530) Prevention of Discrimination
a. (53 1) Redeveloument
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The redeveloper shall comply with all state and local Izws, in effect‘from
time to time, prohibiting discrimination or segregation by reason of race,
color, creed, religion, sex, marital status, national origin or ancestry, in the
sale, lease or occupancy of the property.
Pursuant to the Redevelopment Law (Sections 33337 2nd 33435-33436),
contracts entered into by the Commission relating to the sale, transfer or
leasing of land, or any interest therein acquired by the Commission within
any survey area or redevelopment project, shall comply with the
provisions of said sections in substantially the form set forth therein. All
such contracts shall further provide that the provisions of said sections
shall be binding upon ‘and shall obligate the contracting party or parties
and any subcontracting party or parties, or other transferees under the
instrument.
b. (532) Deeds. Leases. and Contracts
All deeds, leases, or contracts which the Commission proposes to enter
into with respect to the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of any land in the Project Area shall contain the
following nondiscrimination clauses as prescribed by Redevelopment
Law, Section 33436: In deeds the following language shall appear:
“The grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators and assigns, and all persons
claiming under or through them, that .there shall be no
discrimination against or segregation of, any person or group of
persons on account of race, color, .creed, religion, sex, marital
status, national’ origin, or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the premises
herein conveyed, nor shall the grantee or any person .claiming
under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy-of tenants, lessees,
subtenants, sublessees, or vendees in the* premises herein
conveyed. The foregoing covenants shall run with the land.”
In leases, the following language shall appear:
“The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons
claiming under or through him or her, and this lease ,is made and
accepted upon and subject to the following conditions:
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“That there shall be no discrimination against or segregation of any
person or group of persons. on account of race, color, creed,
religion? sex, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of the premises herein leased nor shall the lessee
himself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number,
use, or occupancy, of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased.”
In contracts, the following language shall appear:
“There shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed,
religion, sex, marital status, national’origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the land, nor shall the transferee itself or any person claiming under
or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land.”
(533) Provision for Low and Moderate Income Housing
The -Commission shall comply with all of the low and moderate income housing
requirements of the Redevelopment Law which are applicable to this Plan, including
applicable expenditure, replacement, and inclusionary housing requirements, and in
connection therewith, the Commission shall have all of the powers and authorization to
.act as may, from time to time, be provided by the Redevelopment Law and other
applicable provisions of law.
SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA
. A. (601) Map and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the location of
the Project Area boundaries. The land uses permitted by this Plan shall be those
permitted by the General Plan and zoning ordinance, and all other state and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended. A
diagram of current permitted uses is presented on Exhibit D.
B. (602) Public Uses
1. (603) Public Street Lavout, Rights-of-way and Easements
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The public street system and street layout for the Project Area is illustrated on the
Map identified as Exhibit A. The street system in the Project Area shall be
developed in accordance with the General Plan, and all other state and local codes,
guidelines, or master or specific plans as they now exist or are hereafter amended.
Certain streets and rights-of-way may be widened, altered, realigned, abandoned,
vacated, or closed by the City as necessary for proper development of the Project
Area. Additional easements may be created by the Commission 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. (604) Other Public and Open Space Uses
Both within and, where appropriate, outside of the Project Area, the Commission
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 shdl 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 Commission may impose such other reasonable
restrictions as are necessary to protect development and uses in the Project Area.
C. (605) Nonconforming Uses
.The Commission 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 e2isting and proposed
developments and uses in the Project Area.
The Commission 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 commission,
such improvements would be compatible with surrounding Project Area uses and
proposed development.
D. (606) Interim Uses
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Pending the ultimate development of land by developers and participants, the
Commission is authorized to use or permit the use of any land in the Project Area for
interim uses. Such interim use, however, shall conform to General Plan and zoning
ordinance, and all other state and local building codes, guidelines, or specific plans as
they now exisr or are hereafter amended.
(607) 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 othenvise changed after the date of the adoption of this Plan except in
conformance with the goals and provisions of this Plan and the regulations and
requirements of the General Plan and zoning ordinance, and all other state and local
building codes, guidelines, or master or specific plans as 'they now exist or are hereafter
amended. The land use controls of this Plan shall apply for the periods set forth in
Section 1000 below. The type, size, height, number and use of buildings within the
Project Area will be controlled by the General Plan and applicable zoning ordinance, and
all other state and local building codes, guidelines, or master or specific plans as they
now exist or are hereafter amended.
1. (608) New Construction
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2.
All construction in the Project Area shall comply with all applicable State and
local laws in effect from time to time. In addition to the City land use regulations
and requirements in the Project Area, additional specific performance and
- development standards may be adopted by the Commission to control and direct
improvement activities in the Project Area.
(609) Rehabilitation
Any existing structure within the Project Area which the Commission enters into
an agreement for retention and rehabilitation shall be repaired, altered,
reconstructed, or rehabilitated in accordance with the applicable law and in such a
manner that it will meet the following requirements: be,.safe and sound in all
physical respects, be attractive in appearance and n& detrimental to the
surrounding uses.
3. (61 0) 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 this Plan, there are 9 dwelling units in
the Project Area.
4. (6 1 I) Open Space and Landscaping
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6.
7.
8.
9.
The approximate amount of open space to be provided in the Project Area is the
total of all areas so designated in the General Plan and zoning ordinance, and all
other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended, 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.
(612) Limitations on TvDe. Size and Height of BuildinEs
The limits on building intensity, type, size and height, shall be established in
accordance with the provisions of the General Plan and zoning ordinance, and all
other state and local building codes, guidelines, or master or specific plans as they
now exist or are hereafter amended.
(6 13) Signs
All signs shall conform to the requirements of the City. Design of all proposed
new signs shall be subject to the review of the City and the procedures of this
Plan.
(6 14) Utilities
The Commission, in conformity with municipal code, and City policies, shall
require that all utilities be placed underground whenever physically possible and
economically feasible on projects funded in whole or in part by the Commission
or subject to a Disposition and Development Agreement or an Owner
Participation Agreement.
(6 15) Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant,
shall be consolidated, subdivided or re-subdivided with0u.t the approval of the
City.
(6 16) Variations
The Commission is authorized to permit variations from the limits, restrictions
and controls established by this Plan. In order to permit any such variation, the
Commission must determine all of the following:
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a. 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. .
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, '. b. There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do
not apply generally to other properties having the same standards, ' ,
restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the public
welfare or injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this
Plan.
No such variation shall be granted other than a minor departure from the
provisions of this Plan. In permitting any such variation, the Commission 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.
F. (6 17) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 601 and ' 607 herein, the Commission 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 dew 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 Commission. In the case of property which
is the subject of a Disposition and Development Agreement or an Owner Participation
Agreement with the Commission, 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 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 Commission shall not approve .agy plans that do not
comply with this Plan except as permitted by Section 616 of this Ph
G. (61 8) Building Permits
Any building permit that is issued for the rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project Area from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by the
Commission, any restrictions or controls established by resolution of the Commission,
and any applicable participation or other agreements.
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SECTION VII. (700) METHODS FOR FINANCING THE PROJECT
A. (701) General Description of the Proposed Financing Methods
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1.
Upon adoption of this P1m by the City Council, the Commission is authorized to finance
implementation of this Plan with assistance from local sources, the State andor the
federal government, property tax increment, interest income, Commission bonds,
donations, loans from private financial institutions or any other legally available source.
The Commission is also authorized to obtain advances, borrow funds, issue bonds or
other obligations, and create indebtedness in carrying out this Plan. The principal and
interest on such indebtedness may be paid from tax increment revenue or any other funds
available to the Commission. Advances and loans for survey and planning and for the
operating capital for administration of this Plan may be provided by the City until
adequate tax increment revenue or other funds are available to repay the advances and
loans. The City or other public agency, as it is able, may also supply additional
assistance through issuance of bonds, loans and grants and in-kind assistance. Any
assistance shall be subject to terms established by an agreement between the
Commission, City and/or other public agency providing such assistance.
The Commission may issue bonds or other obligations and expend their proceeds to carry
out this Plan. The Commission 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 activities. The Commission shall pay the principal and interest on bonds
or other obligations of the Cornmission as they become due and payable.
B. (702) Tax Increment Revenue
For the purposes of the collection of property tax revenue pursuant to this Plan, the .
‘.‘effective date of the ordinance” shall mean and refer to ,2000 (30 days after
the City Council adopted the Ordinance).
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State, County, City, district, or other public corporation (hereinafter called
“Taxing Agency” or “Taxing Agencies”) after the effective date ofihe 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
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3.
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 myable property in the Project Area on said effective
date).
That portion of said levied taxes each year in excess of such amount shall
be allocated to and when collected shall be paid into a special fund of the
Commission to pay the principal of and interest on loans, monies
advanced to, or indebtedness (whether' funded, refunded, assumed, or
otherwise) incurred by the Commission to finance or refinance, in whole
or in part, the Project and this Plan. Unless and until the total assessed
valuation of the taxable property in the Project Area exceeds the total
assessed value of the taxable property in the Project Area as shown by the
last equalized assessment roll referred to in paragraph (1 .) hereof, all of the
taxes Ievied 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 fiom 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.
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
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.
The Commission is authorized to make pledges as to specific,..advmces, loans and
indebtedness as appropriate in carrying out the Project. The podion of taxes allocated
and paid to'the Commission 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 Commission to
finance or refinance, in whole or in part, the redevelopment program for the Project Area.
C. (703) Commission Bonds
The Commission 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.
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D.
E.
Neither the members of the Commission 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 Commission are not a debt of the City, County, 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 finds or properties other than those of the
Commission; 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
constitutionaf or statutory debt limitation or restriction.
(704) 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 Commission may make loans as permitted by
law .to public or private entities for any of its redevelopment purposes.
(705) Rehabilitation Loans. Grants. and Rebates
To the greatest extent allowed by State Law, the Commission 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 Commission 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 VIII. (800) ACTIONS BY THE CITY
The City shall aid and cooperate with the Commission 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: , f - -.
.+
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 abaridonment and relocation by
the public utility companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this Plan shall
be deemed to require the cost of such abandonment, removal, and
relocation to be borne by others than those legally required to bear such
costs.
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2. Institution and completion of proceedings necessary for changes and
improvements to publicly-owned parcels and utilities in the Project Area.
3. Performance of the above, and of all other functions and services relating
to public health, safety, and physical development normally rendered in
accordance with a schedule which will permit the redevelopment of the
Project Area to be commenced and carried to completion without
unnecessary delays.
4. Imposition, whenever necessary and applicable, 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 administratiodenforcement of this Plan by the City after
completion of development.
6. The undertaking and completion of any other proceedings necessary to
cany 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 master or specific
plans or execution of statutory development agreements to permit the land
* uses and facilitate the development authorized by this Plan.
SECTION IX. (900) ADMINISTRATION AND ENFdRCEMENT
. Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City and/or the Commission, 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 Commissicm--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.
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SECTION x. (1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
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A. (1 00 1) Amount of Bonded Indebtedness Outstanding At Anv One Time
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 million, except by amendment to this Plan.
B. (1002) Time Frame to Incur indebtedness
The time limit on the establishing of loans, advances, and indebtedness to be paid with
the proceeds of property taxes received pursuant to S.ection 33670 of the Redevelopment
Law to finance in whole or in part the redevelopment project shall be a period of twenty
(20) years from the effective date of the Ordinance. This limit, however, shall not
prevent the Commission from incurring debt to be paid from the low and moderate
income housing fund or establishing more debt in order to fulfill the Commission's
housing obligations under Section 33413 of the Redevelopment Law. The loans,
advances, or indebtedness may be repaid over a period of time longer than this time limit
as provided herein. No loans, advances, or indebtedness to be repaid from the allocation
of taxes shall be established or incurred by the Commission beyond this time limitation.
This limit shall not prevent the Commission from financing, refunding, or restructuring
indebtedness after the time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid is not extended beyond the time limit to repay
indebtedness required by'this section.
Provided, however, that the time limits established in this Section 1002 may be extended
in the manner provided by applicable law.
C. (1 003) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions of this Plan, and
recorded covenants implementing the same, which shall remain in.-effect in perpetuity,
and except as otherwise expressly provided herein, the provisions'ofithis Plan shall be
effective, and the provisions of other documents formulated pursuant to this Plan shall be
effective for thirty (30) years from the date of adoption of the Ordinance adopting this
Plan.
After the expiration of the effective term of the Plan, the Commission shall have no
authority to act pursuant to the Plan except to pay previously incurred indebtedness and
to enforce existing covenants or contracts. However, if the Commission has not
completed its housing obligations pursuant to Section 33413 of the Redevelopment Law,
the Commission shall retain its authority to implement requirements under 33413, .
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including the ability to incur and pay indebtedness for this purpose, and shall use this
authority to complete these housing obligations as soon as is reasonably possible.
1.
D. (1 004) Time Frame to Collect Tax Increment Revenue
Except as otherwise provided herein or by Redevelopment Law, the time limitation for
the receipt of tax increment and the payment of indebtedness with the tax increment
pursuant to Section 33670 of the Redevelopment Law shall be forty-five (45) years from
and after the date of adoption of the Ordinance adopting this Plan.
SECTION XI. (1100) PROCEDURE FOR AMENDMENT
This Plan may be amended by means ofthe procedure established in Sections 33450-33458 of
the Redevelopment Law or by any other procedure hereafter established by law.
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EXHIBIT A
PROJECT AREA MAP
OF THE
SOUTH CARLSBAD COASTAL
REDEVELOPMENT PROJECT
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Soutb Carfsbad Coastal Redevelopment Project
EXHIBIT B
LEGAL DESCRIPTION
OF THE
PROJECT AREA BOUNDARIES
CII" OF CARLSBAD sou??I CARLSBAD COASTAL REDEVELOPhIEhT PROJECT
LEGAL DESCRIF'TION
BEING THAT CERTAIN REAL PROPERTY SITUATED 1s THE CITY OF
CARLSBAD, COU?TY OF SAY DIEGO, STATE OF CALIFORSLA AivD BEISG
MORE PARnCULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POIXSETTLA
LANE, 102.00 FEET WIDE, WITH THE EASTERLY LINE OF CARISBAD
BOULEVARD, VARIABLE WIDTH: THENCE .-
ALONG SAID EASTERLY LISE S19'09'02"E, 1,470.51 FEET TO THE NORTH
LINE OF MAP NO. 12926, RECORD OF SURVEYS OF SAID COUK?Y; THENCE
ALONG SAID NORTH LINE S89"09'36"E, 565.07 FEET TO THE WESTERLY
LINE OF THE SAN DIEGO KORTHERN RAILROAD (A.T.2kS.F.) RIGHT OF
WAY, 200.00 FEET WIDE; THENCE
ALONG SAID WESTERLY LINE S20°27'52"E, 1,052.99 FEET TO A POINT KO
THE NORTH LINE OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, S.B.M.; THENCE
ALONG SAID NORTH LINE SS9'59'04"W, 233.90 FEET TO THE WEST LINE
OF SMD SECTION 33; THENCE
ALONG SAID WEST LINE SO0"09'24"W, 110.33 FEET; THENCE
,LEAVING SAID SECTION LISE S04"41'37"E, 913.85 FEETTO THE EASTERLY
LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE
ALONG SAID EASTERLY LINE S17"30'37"E, 2,303.09 FEET TO A TANGEST
FEET, THENCE .*
CONTINUING ALOlVG SAID EASTERLY LINE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENlRAL ANGLE OF 25"15'54", AN ARC
THENCE
CURVE CONCAVE NORTHEASTERLY ANDHAVJNG AiRADIUS OF2,350.00
DISTANCE OF 1,036.25 FEET TO A POINT ON A NON-TANGENT LINE;
(9) SOU?-HEAS?ERLY ALONG SAID LIXE TO A POIXT OX ?HE XORTHERLY
LIXE OF LOT 10 IN SAID SECTION 33 AS SAID LOT IS SHOW OS ;LIAPS
505 AiiD 525 OF RECORD OF SURVEY, RECORDS OF SAlD COUhTY, SAID
POIST BEING LOCATED S66"46'00"W, 132.63 FEET FROM THE
NORTHEASTERLY CORSUER OF SAID LOT 10; THEPICE
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(10) ALONG SAID NORTHERLY LINE OF LOT 10 AND ITS WESTERLY
PROLONGATION S66"46'00"W, TO THE ORDINARY HIGH TIDE OF THE
PACIFIC OCEAN; THEYCE
(11) MEAlu'DERING IN A fiORTHWESTERLY DIRECnOX ALONG SAID
ORDINARY HIGH TIDE 14,000.00 FEET MORE OR- LESS TO THE
SOUWERLk' LINE OF LOT 24 OF THE POINSETTIA BEACH, USIT NO. 1
AS PER MAP NO. 3897, RECORDS OF SAN DIEGO COUSTY; THESCE
(12) ALONG SAID SOUTHERLY LINE Nj9"2l'lO"E, 192.27 FEET TO THE
WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE;
THENCE
(13) ALONG SAID WESTERLY LINE N30"38'50"W, 353 1.15 FEET TO A TAYGEKT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 5,295.13 FEET;
THENCE
~ ., (14) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00"33'37", AN ARC DISTANCE OF 51.80 FEET TO THE NORTH LINE OF THE
TIERRA DEL OR0 SUBDIVISION AS PER MAP NO. 3052, RECORDS OF SAN
. DIEGO COUNTY; THENCE
(15) ALONG SAID NORTHERLY LINE S65"54'10"W, 291.21 FEET TO THE
ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE
(16) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID
ORDINARY -HIGH TIDE, 2,530 FEET MORE OR LESS TO A POINT ON A
LINE THAT IS S65"17'40"W, 94.54 FEET AND PERPENDICULAR TO THE
WESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE .f
(17) ALONG SAID PERPENDICULAR LINE N65"17'40"W, 94.34 FEET TO A.POINT
ON SPJD WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET
WIDE, SAID POINT ALSO BEING THE BEGINNING OF A CURVE
CONCAVE WESTERLY 'AID HAVING A RADIUS OF 4,950.00 FEET;
THENCE
2
(18) XoRmmSTERLY ALONG SAID CURVE THROUGH A CEXIRAL hYGLE
,. . .. . OF 12"10'30", AB ARC DISTAYCE OF 1,051.84 FEET TO A TAVGENT LIKE; . $$ - THENCE
(22)
(23 1
ALONG SAID NORTHERLY LINE N78"02'00"W, 1, 014.32 FEET; THENCE
S76"47'10"E, 931.69 FEET; THENCE
S29"17'10"E, 1,100.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY
LINE OF THE SAY DIEGO NORTHERN RAILROAD RIGHT OF WAY, 100.00
FEET WIDE; THENCE
ALONG SAID WESTERLY LINE N22"30'29"W, 342.20 FEET; THENCE
LEAVING SAID WESTERLY LINE N09"41'20"E, 233.73 FEET TO THE
EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD RIGHT OF
WAY, 150.00 FEET WIDE; 'THEKCE
ALONG SAID EASTERLY LINE N22"30'29"W, 302.87 FEET TO A POINT ON
THE SOUTHERLY LINE OF THE AGUA HEDIONDA LAGOON; THENCE
ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX (6) COURSES:
N60"48'OO"E, 13.61 FEET; THENCE
N29"53'00"E, 35.00 FEET; THENCE
(29) N4lo25'00"E, 63.50 FEET; THENCE ,' r
(30) N69"48'OO"E, 39.00 FEET; THENCE
4. *I
(31) N72"42'00"E, 205.00 FEET; THENCE
(32) S67"30'OO"E, 332.00 FEET TO A POINT ON THE WESTERLY LINE OF THE
INTERSTATE 5 FREEWAY, VARIABLE WIDTH; THENCE
3
(33) , TR4VERSIXG ACROSS SAID FREEWAY, NS1"10'00"E, 370.00 FEET MORE OR
LESS TO A POINT 01'; THE EASTERLY LINE OF SAID FREEWAY AiiD THE
SOUTHWESTERLY LISE OF SAID AGUA HEDIONDA LAGOON; THEKCE
(34) SOUTHEASTERLY ALOXG SAID SOUTHWESTERLY LINE THROUGH ITS
VARIOUS COURSES TO A POINT ON THE NORTHERLY PROLObiGATION
OF THE EASTERLY LIXE OF MAP NO. 7492 RECORDS OF SAID Ski
DIEGO COUNTY; THENCE
(35) ALONG SAID PROLOiVGATION S22"29'22"E, 2,063.77 FEET TO THE
NORTHEAST CORNER OF SMD MAP NO. 7492, SAID CORNER ALSO
BEING A POINT ON A CURVE OF THE SOUTHERLY LINE OF CAiiKON
ROAD AS SHOWN OX SAID MAP, SAID CURVE BEING COXCAVE
SOUTHWESERLY AXD HAVING A RADIUS OF 949.00 FEET; THENCE
(36) WESTERLY ALONG SAID CURVE THROUGH A CENTRtZL ANGLE OF
15"17'07", AN ARC DISTAiYCE OF 253.17 FEET TO A TANGENT LIXE;
THENCE
(37) ALONG SAID LINE AID SOUTHERLY LINE OF CANNON ROAJ3
S67"31'14"W, 285 FEET MORE OR LESS TO AN ANGLE THEREON; THENCE
(38) SOUTHWESTERLY, 140 FEET MORE OR LESS TO A POINT OF
(. INTERSECTION WITH THE EASTERLY LINE OF SAID INTERSTATE 5 . .-
FREEWAY, VARIABLE WIDTH; THENCE
(39) TRAVERSING ACROSS SAID FREEWAY SOUTHWESTERLY, 660 FEET
MORE OR LESS TO A POINT OF INTERSECTION OF THE SOUTHERLY
THENCE
LISE OF CANNON ROAD AND THE WESTERLY LINE OF SAID FREEWAY;
(40) ALONG SAID WESTERLY LINE S39"57'39"E, 504.90 FEET; THENCE
. (41) LEAVING SAID WESTERLY LINE S61"24'41"W, 251.13, FEET TO THE
EASTERLY LINE OF AVENIDA ENCINAS, 70.00 FEET WIDE; THENCE
.I
(42) TRAVERSING ACROSS SAID AVENIDA ENCINAS S67"29'31"W, 70.46 FEET
TO THE WESTERLY LINE OF SAID STREET; THENCE
(44) TRAVERSING ACROSS SAID RIGHT OF WAY S67"29'31"W, 100.00 FEET TO
THE WESTERLY LINE OF SAID RIGHT OF WAY; THENCE
4
1 !. .. .
ALONG SAID WESTERLY RIGHT OF WAY S22"30'29"E, 3,900.00 FEET MORE
OR LESS TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD,
VARIABLE Q'IDTH; THENCE
ALONG SAID SOUTHERLY LINE N66%4'37'"W, 185.97 FEET TO THE
EASTERLY LINE OF CARL,SBAD BOULEVARD, VARIABLE WIDTH;
THENCE (ALL OF THE REMAINING COURSES ARE ALONG SAID
EASTERLY LINE OF CARLSBAD BOULEVARD)
S11"49'19"W, 68.46 FEET; THENCE
S1Oa54'30"W, 110.29 FEET; THENCE .-
S07"37'57"E, 204.32 FEET; THENCE
S17"30'33"E, 305.67 FEET; THENCE
S24"44'16"E, 2,154.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5,080.00 FEET; THENCE
..'
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03"42'23", AN ARC DISTANCE OF 328.62 FEET TO A "OINT ON A NON-
TANGENT LINE; THENCE .
ALONG SAJD NON-TANGENT LINE S24"26'19"E, 342.37 FEET; THENCE
S63"49'40'E, 14 1.43 FEET; THENCE
S14"35'51"E, 425.67 FEET; THENCE
S17"19'22"E, 132.00 FEET; THENCE
S18"05'14"E, 1,834.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 19,846.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CEkl" ANGLE OF
01"03'48", AN ARC DISTANCE OF 368.32 FEET TO 'A TANGENT. LINE;
THENCE
,.- --
5
(59) S19"09'02"E9 1,703.61 FEET TO THE P,OINT OF BEGINNING.
,, 7.
" . , ExCEP~NG THEREFROM ALL THE LAND WITHIN THE SEVEN (7)
SUBDIVISIONS RECORDED.AS MAP NOS. 2692, 2758 2867, 3212, 3371, 4063, AXD
6347 RECORDS OF SAN DIEGO COUNTY;
CONTAINING: 555.5 ACRES MORE OR LESS.
6
EXHIBIT C
LISTING OF THE PROPOSED PROJECTS,
PUBLIC FACILITIES, AND
INFRASTRUCTURE IMPROVEMENTS
EXHIBIT C .-
. LISTING OF THE
PROPOSED PROJECTS, PUBLIC FACILITIES,
AND INFRASTRUCTURE IMPROVEMENTS
PROPOSED PROJECTS AND PROGRAMS
Housing Programs
Increase and improve the community's supply of affordable housing for very low, low, and moderate
income households. Projects include, but are not limited to, the following:
' .>
1. Citywide Housing Programs: The C6mmission will invest housing set-aside funds into affordable
housing rehabilitation and development projects throughout the City.
I~lfrastructure Program
Improve pedestrian, bicycle, and vehicular traffic flows, upgrade utilities and drainage systems, enhance
public safety, and promote recreational opportunities. Projects include, but are not limited to, the
following:
1. Carlsbad Boulevafd: Realign and construct sidewalks, gutters, and other road improvements from
2. Palomar Airport Road: Widen road and reconstruct existing overpasses from Carlsbad Boulevard
3. Ponto DriveKarlsbad Boulevard Frontaee Roads: Construct curbs, gutters, sidewalks, and street
4. Poinsettia Drive: Widen road and bridge from Carlsbad Boulevard to Avenida Encinas.
5. Waterline Uusizinq: Upsize approximately 560 feet of 6-inch waterline on Avenida Encinas near
6: Waterline Replacement: Replace approximately 2,500 feet of 10-inch waterline along Carlsbad
7. Waterline Installation: Install various line sizes along Carlsbad Boulevard. .
Manzano Drive to the Batiquitos Lagoon.
to Avenida Encinas.
lights.
Cannon Road.
Boulevard north of Palomar Airport Road.
Public Facilio Progiamr
Develop and renovate community facilities that meet the needs of both the Project Arts and City. Such
projects include, but are not limited to, the following: .*
1. Parks and Other Cultural and/or Recreational Facilities
2. Public Safety Facilities
3. Public Works Facilities
Commercial Rehabilitation and Economic Development Programs
Implement projects that result in the redevelopment of obsolete structures, cleanup contaminated
properties, consolidate'irregular lots under mixed ownership, and facilitate development of modern
industrial, commercial, and utility facilities.
EXHIBIT D
DIAGRAM OF
PERMITTED LAND USES
SOUTH CARLSBAD
COASTAL REDEVELOPMENT ~RO~~~~