HomeMy WebLinkAbout2005-11-08; City Council; 18337; 2005 Amendment to the So. Carlsbad Coastal PlanCITY OF CARLSBAD
AND
HOUSING AND REDEVELOPMENT COMMISSION
AGENDA BILL
AB# 18,337
MTG. 11/8/05
8
TITLE:
2005 AMENDMENT TO THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT PLAN
DEPT. H/RED CITY MGR.
RECOMMENDED ACTION:
Housing and Redevelopment Commission adopt Resolution No. to take the following
actions: 1) approve the Report to City Council on the proposed 2005 Amendment to the South
Carlsbad Coastal Redevelopment Plan; 2) authorize transmittal of the Report to the City Council
for consideration; 3) approve the 2005 Amendment to the South Carlsbad Coastal
Redevelopment Plan which would, among other things, require issuance by the Commission of
redevelopment permits for all public and private projects within the ‘subject project area; and, 4)
recommend approval of City Council Ordinance No. NS-779 approving said 2005
Amendment.
404
City Council adopt Resolution No. , accepting the Report to the City Council on
the proposed 2005 Amendment to the South Carlsbad Coastal Redevelopment Plan, and
adopting a finding that no additional environmental review is required for the 2005 Amendment to
the South Carlsbad Coastal Redevelopment Plan.
2005-333
City Council introduce Ordinance No. to adopt the 2005 Amendment to the South
Carlsbad Coastal Redevelopment Plan which would, among other things, require issuance by the
Commission of redevelopment permits for all public and private projects within the subject project
area.
NS-779
ITEM EXPLANATION:
On July 18, 2000, the City of Carlsbad and Housing and Redevelopment Commission adopted
Ordinance No. NS-553 which approved and adopted the South Carlsbad Coastal Redevelopment
Area (“SCCRA”) Plan. This Redevelopment Plan set forth a general framework for redevelopment
programs to be implemented in the 555.5 acre South Carlsbad Coastal Redevelopment Project
Area. The project area is generally located along portions of Carlsbad Boulevard, Ponto Road,
and Cannon Road, and includes the Cabrillo Power generating plant, San Diego Gas and Electric
properties including right-of-way, other public right-of-way, and various industrial, service, and
residential properties in the Ponto Drive area
The primary redevelopment objectives are to:
0 Facilitate interim improvements at the Cabrillo Power generating facility to reduce the
plant’s environmental and economic impacts on the community; and
Accommodate the economically viable redevelopment of the Cabrillo plant to a physically
smaller, more operationally efficient facility; and
0 Provide funding for the potential realignment of Carlsbad Boulevard, yielding excess
property that could facilitate public recreational facilities and improvements; and, I
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Promote the redevelopment of underutilized properties in the Ponto Area.
In order to facilitate and safeguard the work of redevelopment pursuant to the Redevelopment
Plan, it is important that the Plan contain various covenants, conditions, and restrictions which the
Commission prescribes in order to implement the goals and objectives of the Plan. With this goal
in mind, staff is recommending that the Plan be amended to, among other things, require
issuance by the Housing and Redevelopment Commission of Redevelopment Permits for private
and public projects and/or improvements constructed within the boundaries of the SCCRA.
The proposed text amendments for the SCCRA Plan will primarily require the following:
I ) Issuance by the Commission of redevelopment permits for all rehabilitation, redevelopment
and development activities involving both private and public real property, buildings,
facilities and infrastructure systems within the SCCRA boundaries, except as expressly
exempted; and
2) Approval of findings by the Commission that certain development for land uses (such as
desalination plants and wastewater treatment plants) serve an extraordinary public
purpose in order to obtain approval, except as expressly exempted; and
3) Approval by the Commission for certain uses (such as those noted above) to obtain a
precise development plan or other appropriate planning permit or regulatory document to
set forth the standards for development of the project, except as expressly exempted.
The proposed amendments will assist the Commission in facilitating the four key objectives noted
above for the SCCRA. The proposed amendments will not result in any changes to the existing
land use regulations, nor do they alter the land use or development intent, of the General Plan,
Zoning or Local Coastal Program. These amendments merely establish a framework (e.g., permit
and Commission approval) within which projects will be evaluated by the Commission as to their
conformance with the General Plan, Local Coastal Program and their ability to implement the
goals and objectives of the SCCRA Plan.
General Plan Consistency
While California Redevelopment Law requires mechanisms to ensure the goals of a
redevelopment plan will be achieved, Section 33331 of the Law requires every redevelopment
plan to be consistent with the community’s general plan. The 2005 Amendment is not proposing
changes to the existing land use regulations of the General Plan, Zoning or Local Coastal
Program. The 2005 Amendment does not alter the land uses or development intent of the
General Plan or Local Coastal Program. Instead, the 2005 Amendment merely establishes a
process and framework (e.g., permit and Commission approval) within which projects will be
evaluated by the Commission as to their conformance with the General Plan, Local Coastal
Program and their ability to implement the goals of the Redevelopment Plan. On September 21,
2005, the Carlsbad Planning Commission found the 2005 Amendment to be consistent with the
General Plan and recommended adoption of said Amendment.
Report to Council
The Housing and Redevelopment Commission has submitted the Report to Council on the
proposed 2005 Amendment to the City Council for review and consideration. The purpose of the z
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document is to provide, in one document, all information, documentation, and evidence to assist
the City Council in its consideration of the proposed Amendment and in making various findings
and determinations that are legally required to adopt the 2005 Amendment. The Report was
prepared in accordance with all requirements of Sections 33457.1 and 33352 of California
Redevelopment Law. The Report has been available for public review since October 4, 2005.
Staff Recommendation(s):
Pursuant to Redevelopment Law, a public hearing shall be held to receive testimony both for and
against the proposed amendments to the SCCRA Plan. This public hearing is required to be held
prior to action by the City Council and Housing and Redevelopment Commission. Staff is
recommending that the Council and Commission hold a joint public hearing to consider the
proposed amendments. Public hearing notices were transmitted via first class mail to all property
and business owners, and residential owners and tenants within the SCCRA. The public hearing
notice was also advertised in the local newspaper once a week for three consecutive weeks prior
to the hearing, and mailed to affected taxing entities, as required by Redevelopment Law.
Staff recommends that the City Council and Commission consider all public testimony received
prior to and during the noticed public hearing, and then take action on the proposed 2005
Amendment to the SCCRA. Staff is recommending approval of the proposed 2005 Amendment.
Environmental Review:
The City Council and Housing and Redevelopment Commission certified the original Final
Program Environmental Impact Report (EIR 99-01) for the South Carlsbad Coastal
Redevelopment Project Area in July, 2000 prior to adopting the Redevelopment Plan. The EIR
was prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources
Code Section 21000 et seq) and State and City Guidelines implementing CEQA, which included
the Draft EIR, the comments made on the EIR and the Commission’s written response to the
comments. The 2005 Amendment to the SCCRA Plan would not change the expectations of the
land uses, amount of development and character of the development that would occur as a result
of implementing the amendment to the Redevelopment Plan from that in the certified Final EIR for
the assessment of potential environmental impacts. Since no substantial changes have occurred
and there is no new information of substantial importance with respect to circumstances under
which the Redevelopment Project is undertaken which would require revisions to the certified
Final EIR, in accordance with CEQA Guidelines Sections 151 80 and 151 62, no subsequent EIR
or supplement to the Final EIR need be prepared for the Project. No further environmental review
is required for said 2005 Amendment to the SCCRA Plan.
FISCAL IMPACT:
The proposed amendments will have no negative financial impact on the General Fund. The
facilitation of private and public developments in the SCCRA, however, will ultimately have a
positive financial impact on both the Redevelopment Agency and the City of Carlsbad .
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EXHIBITS:
1 . Housing and Redevelopment Commission Resolution No. 404 approving the
Report to Council and its transmittal to the City Council, and approving the 2005
Amendment to the South Carlsbad Coastal Redevelopment Plan to, among other things,
require issuance by the Commission of redevelopment permits for all public and private
projects within the subject project area, and recommending approval of City Council
Ordinance No. NS-779 approving said amendments, and adopting a finding that no
additional environmental review is required for said amendment.
2. City Council Resolution No. 2005333 accepting the Report to City Council, and
adopting a finding that no additional environmental review is required for the 2005
Amendment to the South Carlsbad Coastal Redevelopment Plan.
3. City Council Ordinance No. NS-779 to adopt the 2005 Amendment to the South
Carlsbad Coastal Redevelopment Plan to allow the Commission to issue redevelopment
permits for all public and private projects within the subject project area.
4. South Carlsbad Coastal Redevelopment Plan - redline version with 2005 Amendment.
5. South Carlsbad Coastal Redevelopment Plan - final version with 2005 Amendment.
6. Planning Commission Staff Report, dated September 21, 2005.
7. Planning Commission Meeting Minutes, dated September 21, 2005.
8. Report to Council
DEPARTMENT CONTACT: Debbie Fountain, (760) 434-281 5, dfoun@ci.carlsbad.ca.us
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 404
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING THE REPORT TO COUNCIL ON
THE PROPOSED 2005 AMENDMENT TO THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN AND AUTHORIZING ITS TRANSMITTAL TO THE CITY
COUNCIL FOR THEIR CONSIDERATION, AND APPROVING THE 2005
AMENDMENT TO ALLOW THE COMMISSION TO ISSUE REDEVELOPMENT
PERMITS FOR ALL PUBLIC AND PRIVATE PROJECTS WITHIN THE SUBJECT
PROJECT AREA, AND RECOMMENDING APPROVAL OF THE ORDINANCE TO
ADOPT SAID 2005 AMENDMENT BY THE CITY COUNCIL.
WHEREAS, the City Council and Housing and Redevelopment Commission of the City
of Carlsbad, California adopted the South Carlsbad Coastal Redevelopment Area Plan on July 18,
2000; and,
WHEREAS, the City Council and Housing and Redevelopment Commission desire to
amend the previously adopted South Carlsbad Coastal Redevelopment Area Plan to allow the
Commission to issue redevelopment permits for all public and private projects within the subject
project area; and,
WHEREAS , the Commission has consulted or attempted to consult with the taxing
agencies which levy taxes, or for which taxes are levied, on property in the Project Area with
respect to the amendments to the Redevelopment Plan; and
WHEREAS, the City of Carlsbad conducted an environmental review of the proposed
amendments pursuant to the Guidelines for Implementation of the California Environmental
Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, and
determined that no substantial changes have occurred and there is no new information of
substantial importance with respect to the circumstances under which the Redevelopment Project
is undertaken which will require revisions of the 1999 Final EIR, and
WHEREAS, in accordance with CEQA Guidelines Section 15 180 and 15 162, no
subsequent EIR or supplement to the Final EIR need be prepared for the subject project and no
additional environmental review is required,
WHEREAS, on the 8th day of November, 2005, the Housing and Redevelopment
Commission did hold a duly noticed public hearing, as prescribed by law, to consider the
proposed 2005 Amendment to the South Carlsbad Coastal Redevelopment Plan ; and
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HRC Commission Resolution No.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, analyzing the information submitted by staff, and considering written comments
received, the Housing and Redevelopment Commission considered all factors relating to the
proposed 2005 Amendment to the South Carlsbad Coastal Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad as follows:
1.
2.
3.
4.
5.
That the above recitations are true and correct.
That the Housing and Redevelopment Commission hereby approves the Report to Council on
the 2005 Amendment to the South Carlsbad Coastal Redevelopment Plan and authorizes its
transmittal to the City Council for consideration.
That the Housing and Redevelopment Commission hereby approves the 2005 Amendment to
the South Carlsbad Coastal Redevelopment Plan to allow the Commission to issue
redevelopment permits for all public and private projects within the subject redevelopment
project area.
That the Housing and Redevelopment Commission hereby recommends approval of the
required City Council ordinance to approve the 2005 Amendment to the South Carlsbad
Coastal Redevelopment Plan to allow the Commission to issue redevelopment permits for all
public and private projects within the subject redevelopment project area.
That the Housing and Redevelopment Commission hereby certifies that in accordance with
CEQA Guidelines Sections 15 180 and 15 162, no subsequent EIR or supplement to the Final
EIR need be prepared for the Project, and no additional environmental review is required
based on the following findings:
a. The Housing and Redevelopment Commission has reviewed, analyzed and considered the
Final EIR for the South Carlsbad Coastal Redevelopment Project Area, certified on July
1 1 , 2000, and determined that there are no substantial changes with respect to the
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circumstances under which the Redevelopment Project is undertaken which will require
revisions of the Final EIR; and
b. There is no new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the Final EIR
was certified; and
c. The determination that no additional environmental review is required reflects the
independent judgment of the Housing and Redevelopment Commission of the City of
Carlsbad
PASSED, APPROVED AND ADOPTED at a regular meeting of the Housing and
Redevelopment Commission of the City of Carlsbad held on the 8th day of November, 2005,
by the following vote to wit:
AYES: Comissioners Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSTAIN: None
ABSENT: None
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CITY COUNCIL RESOLUTION NO. 2005333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA CERTIFYING THAT THE CITY HAS REVIEWED AND CONSIDERED
THE HOUSING AND REDEVELOPMENT COMMISSION’S REPORT TO COUNCIL
ON THE 2005 AMENDMENT TO, AND THE INFORMATION IN THE FINAL
ENVIROMENTAL IMPACT REPORT FOR, THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN, AND ADOPTING A FINDING THAT NO ADDITIONAL
ENVIRONMENTAL REVIEW IS NECESSARY.
WHEREAS, the City Council and Housing and Redevelopment Commission of the City of
Carlsbad, California adopted the South Carlsbad Coastal Redevelopment Area Plan on July 18,
2000; and,
WHEREAS, the City Council (“City”) and Housing and Redevelopment Commission
(“Commission”) desire to amend the previously adopted South Carlsbad Coastal Redevelopment
Area Plan to, among other things, require issuance by the Commission of redevelopment permits
for all public and private projects within the subject project area and to make findings of
extraordinary public purpose in order to approve certain land uses in the area identified within the
Plan; and,
WHEREAS, in accordance with California Community Redevelopment Law (Health and
Safety Code Section 333000 et seq.), the Commission has prepare and transmitted to the City a
Report to Council in connection with the 2005 Amendment; and
WHEREAS, the City and Commission prepared and certified the original Final Program
Environmental Impact Report (“1999 Final EIR”)(EIR 99-0 1) for the subject Redevelopment
Project in July, 2000 prior to adopting the subject Redevelopment Plan; and
WHEREAS, the 1999 Final EIR for the Redevelopment Project was prepared pursuant
to the California Environmental Quality Act (CEQA) public Resources Code Section 2 1000
etlseq.) and State and City Guidelines implementing CEQA, which includes the Draft EIR, the
comments made on the Draft EIR and the Commission’s written response to the comments; and
WHEREAS, the City at its regularly scheduled meeting on July 11,2000, adopted a
Resolution certifying that the 1999 Final EIR was completed in compliance with CEQA and State
and City guidelines adopted pursuant thereto; and
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WHEREAS, the proposed 2005 Amendment to the Redevelopment Plan would continue
the revitalization and redevelopment programs, which are presently ongoing under the existing
Redevelopment Plan; and
WHEREAS, the proposed 2005 Amendment would not change the expectations of the
land uses, amount of development and character of the development that would occur as a result of
implementing the Amendment to the Redevelopment Plan from that used in the certified 1999
Final EIR for the assessment of potential environmental impacts; and
WHEREAS, the 2005 Amendment would not alter any existing plans and /or programs
are required in order to achieve the goals and objectives for the subject Project Area; and
WHEREAS, the City has reviewed and considered the proposed 2005 Amendment to the
subject Redevelopment Plan and reviewed and considered the information contained in the 1999
Final EIR for the Redevelopment Project; and
WHEREAS, no substantial changes have occurred and there is no new information of
substantial importance with respect to the circumstances under which the Redevelopment Project
is undertaken which will require revisions of the 1999 Final EIR; and
WHEREAS, in accordance with CEQA Guidelines Sections 15 180 and 15 162, no
subsequent EIR or supplement to the 1999 Final EIR need be prepared for the 2005 Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby accepts the Report to Council on the proposed 2005 Amendment
to the South Carlsbad Coastal Redevelopment Plan, and has considered it in the City
Council’s consideration of said Amendment.
3. That the City Council hereby certifies that the proposed 2005 Amendment to the South
Carlsbad Coastal Redevelopment Plan and the information contained in the 1999 Final EIR
for the South Carlsbad Coastal Redevelopment Project Area, certified on July 1 1 , 2000, has
been reviewed and considered by the City.
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4. That the City Council hereby certifies that the City Council has reviewed, analyzed and
considered the 1999 Final EIR for the South Carlsbad Coastal Redevelopment Project Area,
certified on July 1 1,2000 and, in accordance with CEQA Guidelines Sections 15 180 and
15 162, finds that no subsequent EIR or supplement to the 1999 Final EIR need be prepared for
the 2005 Amendment and no additional environmental review is required based on the
following determinations:
a.
b.
C.
The City Council determines that based on the record as a whole no substantial changes
are proposed in the Redevelopment Project which will require major revisions to the 1999
Final EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and
The City Council determines that based on the record as a whole no substantial changes
have occured with respect to the circumstances under which the Redevelopment Project is
undertaken which will require major revisions of the 1999 Final EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and
The City Council determines that based on the record as a whole there is no new
information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the 1999 Final EIR was
certified as complete which shows any of the following:
1) The Redevelopment Project will have one or more significant effects not
discussed in the 1999 Final EIR; and
2) Significant effects previously examined will be substantially more severe than
shown in the 1999 Final EIR; and
3) Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the Redevelopment Project, but the Redevelopment Project proponents decline to
adopt the mitigation measure or alternative; and
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4) Mitigation measures or alternatives which are considerably different from those
analyzed in the 1999 Final EIR would substantially reduce one or more significant
effects on the environment, but the Redevelopment Project proponents decline to
adopt the mitigation measure or alternative; and
d. The finding that no additional environmental review is required reflects the independent
judgment of the City Council of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held on the 8th day of November, 2005, by the following vote to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSTAIN: None
ABSENT: None
&’&
uO@,’City Clerk
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ORDINANCE NO. NS-779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE 2005
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad (“Commission”) prepared a Redevelopment Plan (“Redevelopment Plan”) for the
South Carlsbad Coastal Redevelopment Project (“Project Area”), a copy of which is on file in the
office of the City Clerk, and presented it to the City Council for approval on July 18, 2000; and
WHEREAS, the Commission and City Council adopted said Redevelopment Plan
for said Project Area on July 18, 2000 pursuant to Ordinance No. NS -553; and
WHEREAS, the Commission and City Council now have the desire to amend
said Redevelopment Plan (the “2005 Amendment”); and
WHEREAS, the Commission consulted or attempted to consult with the taxing
agencies which levy taxes, or for which taxes are levied, on property in the Project Area with
respect to the 2005 Amendments; and
WHEREAS, the Commission and the City Council have reviewed, analyzed and
considered the Final EIR for the South Carlsbad Coastal Redevelopment Project Area, certified
on July 11 , 2000, and determined that there are no substantial changes and there is no new
information of substantial importance with respect to the circumstances under which the
Redevelopment Project is undertaken which will require revisions of the Final EIR; and
WHEREAS, the Commission and the City Council have both found that in
accordance with Guidelines for the California Environmental Quality Act of 1970, Sections
15180 and 15162, no subsequent EIR or supplement to the Final EIR need be prepared for the
2005 Amendment, and no additional environmental review is necessary or required; and
WHEREAS, after due notice was provided in accordance with the Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.), a joint public hearing was
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held by the City Council and the Commission to consider the proposed 2005 Amendment to
said Redevelopment Plan; and
WHEREAS, the City Council has considered all aspects of the 2005 Amendment
to said Redevelopment Plan, and has received, considered and evaluated all written and oral
evidence and testimony presented for or against all aspects of the 2005 Amendment to said
Redevelopment Plan; and
WHEREAS, all actions required by law have been taken by all appropriate
persons and entities.
NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad,
California as follows:
SECTION 1: The purposes and intent of the City Council with respect to the
Project Area shall continue to be as follows:
1. Eliminate blight and environmental deficiencies in the Project Area;
2. Assemble land into parcels suitable for modern, integrated development
3. Replan, redesign, and develop properties which are stagnant or
4. Increase, improve, and preserve the City's supply of housing affordable to
5. Develop new beach and coastal recreational opportunities;
6. Facilitate the redevelopment of the Encina Power Generating Facility to a
physically smaller, more efficient power generating plant;
7. Provide a funding source for the potential realignment of Carlsbad
Boulevard which will yield excess property that could facilitate expansion of the Carlsbad State
Beach campgrounds and other recreational facilities, andlor development of cultural facilities or
other public facilities;
8. Retain as many existing businesses as possible by means of
redevelopment and rehabilitation services;
9. Enhance commercial and recreational functions in the Project Area;
10. Strengthen the economic base of the Project Area and the City by the
installation of needed on- and off-site improvements to stimulate new commercial/residential
expansion, employment and economic growth;
with improved pedestrian and vehicular circulation in the Project Area;
improperly utilized;
very low, low and moderate income households;
11.
12. Implement performance criteria to assure quality site design and
Increase parking and open space amenities; and
environmental standards to provide unity and integrity to the entire Project Area development
SECTION 2: The Redevelopment Plan is hereby amended as follows (new text
appears in bold print), and approved and adopted as presented. The amended Redevelopment
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Plan is incorporated herein by reference and made a part hereof as if set out in full herein. The
amendment Redevelopment Plan is designated as the official Redevelopment Plan of the
Project Area.
1. SECTION II. (200) GENERAL DEFINITIONS OF THE REDEVELOPMENT
PLAN SHALL BE REVISED TO ADD THE FOLLOWING:
R. “Redevelopment Permit” means a permit issued by the Commission,
pursuant to this Plan, for all rehabilitation, redevelopment, and
development activities involving private and public real property,
buildings, facilities and infrastructure systems within the Project Area.
2. SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA SHALL BE
REVISED TO ADD THE FOLLOWING:
(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, with the exception that new development which
provides for one or more of the following specific uses may be permitted in
the Project Area only after all of the following are satisfied a) the Carlsbad
Housing and Redevelopment Commission approves a finding that the land
use serves an extraordinary public purpose, and b) a precise development
plan or other appropriate planning permit or regulatory document is first
approved by the Commission which sets forth the standards for
development of the project, and c) the Commission has issued a
Redevelopment Permit for the project:
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Desalination Plant and other facilities for the production, generation,
storage, treatment or transmission of water;
Generation and transmission of electrical energy;
Public Utility district maintenance and service facilities;
Governmental maintenance, storage and operating facilities;
Processing, using and storage of natural gas, liquid natural gas, and
domestic and agricultural water supplies;
Energy transmission facilities, including rights-of-way and pressure
control or booster stations for gasoline, electricity, natural gas,
synthetic natural gas, oil or other forms of energy sources; andlor
Wastewater treatment, disposal or reclamation facilities and other
facilities for the production, generation, storage, treatment or
transmission of wastewater.
The above findings and conditions shall not be required for, or applied to,
any land use regulated by the Public Utilities Commission.
A diagram of current permitted uses is presented in Exhibit D. Redevelopment
Law Section 33336 requires this Plan contain adequate safeguards that the
work of redevelopment will be carried out pursuant to the Plan. In addition,
Redevelopment Law Section 33338 provides that this Plan contain other
covenants, conditions, and restrictions which the City Council prescribes
in order to imprement the goals and objectives of this Plan and to provide
adequate safeguards that the work of redevelopment will be carried out
pursuant to this Plan.
(608) Redevelopment Permit
Pursuant to this Plan, unless otherwise determined to be exempt by the
zoning ordinance or other redevelopment implementing ordinance or
regulatory document subsequently approved by the Housing and
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Redevelopment Commission, all rehabilitation, redevelopment, and
development activities involving private and public real property, buildings,
facilities and infrastructure systems within the Project Area shall require
the issuance of a Redevelopment Permit and compliance with applicable
development standards andlor design guidelines set forth under separate
approval by the Housing and Redevelopment Commission. Redevelopment
Permits shall not be required for land uses regulated by the Public Utilities
Commission.
(609) New Construction
Unless otherwise determined to be exempt by the zoning ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, all construction in
the Project Area shall comply with applicable state and local laws in effect
from time to time, and shall require a Redevelopment Permit. In addition to
City land use regulations and requirements in this Plan, and the necessity for
a Redevelopment Permit, additional specific performance and development
standards may be adopted by the Commission to control and direct
improvement activities in the Project Area. Redevelopment Permits shall
not be required for land uses regulated by the Public Utilities Commission.
(610) Rehabilitation
Unless otherwise determined to be exempt by the zoning ordinance or
other redevelopment implementing ordinance or regulatory document
subsequently approved by the Housing and Redevelopment Commission,
any existing structure within the Project Area that is repaired, altered,
reconstructed, or rehabilitated shall require a Redevelopment Permit, with the
exception that a Redevelopment Permit shall not be required for demolition
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of an existing structure or for land uses regulated by the Public Utilities
Commission.
(614) Signs
All signs shall conform to the requirements of the City, and shall require a
Redevelopment Permit. Design of all proposed new signs shall be subject to
the review of the City and the procedures of this Plan.
(615) Utilities
The Commission, in conformity with the municipal code, and City policies, shall
require that all utilities be placed underground for new developments whenever
physically possible and economically feasible. This requirement shall not
apply to rehabilitation, reconstruction, expansion, or continuation of
existing facilities or developments. It also shall not apply to any land uses
regulated by the Public Utilities Commission.
SECTION 3: The City Council hereby finds and determines, based on
the evidence in the record, including but not limited to, the Report to Council and evidence and
testimony received at the joint public hearing on adoption of the 2005 Amendment that:
1. The Redevelopment Plan will redevelop the Project Area in conformity
with the Community Redevelopment Law and in the interests of the public peace, health safety,
and welfare;
The Redevelopment Plan is consistent with the City’s General Plan,
including but not limited to, the City’s housing element, which substantially complies with the
requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title
7 of the Government Code; and
3. The carrying out of the Redevelopment Plan will promote the public
peace, health, and safety and welfare of the City of Carlsbad and will effectuate the purposes
and policies of the Community Redevelopment Law.
2.
SECTION 4: All written objections to the amendments to the Redevelopment
Plan received during or prior to the joint public hearing, and all oral objections presented to the
City Council at the joint public hearing, having been duly considered by the City Council, are
hereby overruled.
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SECTION 5: In order to implement and facilitate the effectuation of the
Redevelopment Plan, it will be necessary for the City Council to take certain official actions, and
accordingly, the City Council hereby reconfirms the following:
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Pledges its cooperation in helping to carry out the Redevelopment Plan;
and
Request the various officials, departments, boards and agencies in the
locality having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the
Redevelopment Plan, including the expenditure of money in accordance with the provisions of
the Redevelopment Plan to effectuate the Redevelopment Plan; and
Stands ready to consider and take appropriate action upon proposals and
measures designed to effectuate the Redevelopment Plan, and declares its intention to
undertake and complete any proceedings necessary to be carried out by the City of Carlsbad
under the provisions of the Redevelopment Plan.
3.
/Ill
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SECTION 6: The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Commission, and the Commission is hereby vested with the responsibility for
carrying out the Redevelopment Plan with the amendments, subject to the provisions of the
Redevelopment Plan.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 8th day of November 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
-8- 19
EXHIBIT 4
SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
2005 AMENDMENT
(REDLINE VERSION)
Redevelopment Plan
Prepared for:
Carlsbad Housing and Redevelopment Commission
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008
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
Adopted: July 18, 2000
Amended : September, 2 0 05?&~+?&13W
TABLE OF CONTENTS
SECTION I. (100) INTRODUCTION ............................. ...... ....................................... 1
A. General .. . .. . . . .. . .. .. .. . ... . . ... . . . ... . . . .. . . . ... . .. .. .. . ... . . ... . . , .. . . . .. . . ... . . ... . . .. .. . .. , . . ... .. . .... . . . . ... .. 1
SECTION 11. (200) GENERAL DEFINITIONS .... ... . . ... . . ... . . .. .. . .. . . . .. . .. .. .. . ... . .. ... . . . . .... . .l
SECTION 111. (300) PROJECT AREA BOUNDARIES ........................................ . ...... 2
SECTION IV. (400) REDEVELOPMENT PLAN GOALS .. . .. . . . .. , . ... . . ... . . . .. . . . . ... . . . . ... . . .3
SECTION V. (500) REDEVELOPMENT ACTIONS .. . . . .. . . ... . . .. . . . .. . . . .. . . . ... . . . ... . , . . .... . . .3
A.
B. C. D. E. F. G. H. I.
J.
K. L.
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
SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA ..................... 15
A. Map and Uses Permitted ...... .. . ... . , . ... . . . .. . . . ... . . ... . . ... . . .. . . . .. . . . .. . . . .. . . . .. . . . ... . . .. ... . . .. .15 B. Public Uses ..................................................................................................... 15 C. Nonconforming Uses . . . ... . . ... . , . ... . . , ... . . ... . .. .. .. . ... . . .. . . . .. . . . .. . . , .. . . . .. . . . .. .. . ... .. . . ... .. .. .16 D. Interim Uses ... . .. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 E. General Controls and Limitations ................................................................... 17 F. Design for Development .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 G. Building Permits ...... , . . ... ... ... . .... .. . ... . .. ... . . ... . . ... . .. .. . . ... . . .. , . . .. . . . .. .. . .. . . . ... . . . . ... . . .. .. 19
SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ..................... 20
General Description of the Proposed Financing Methods . . . .. . . . .. . . . ... .. . ... . . . . . ... 20 Tax Increment Revenue .................................................................................. 20 Commission Bonds ....... . . . .. . . . ... . . . .. . . . ... . . . .. . . . ... . . ... . . .. . . . .. . . . .. . . ... . . ... . . . .. . . .. ... .. . . ... .2 1 Other Loans and Grants .................................................................................. 22 Rehabilitation Loans, Grants, and Rebates .... . . .. . . . .. . . . .. . . ... . . .. . . . .. . . . . .. . . . . .. . . .. ... . .22
A. B. C. D. E.
SECTION VIII. (800) ACTIONS BY THE CITY .......................................................... 22
SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ......................... 23
Adopted: July 18, 2000
Amended: September, 2005mcx, 2884
SECTION I. (100) INTRODUCTION
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 llOO), the Project Area Map of the South Carlsbad Coastal Redevelopment
Project Area (“Project Area”) (Exhibit A), the legal 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 Commission 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:
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C.
D.
E.
F.
“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.
“City” means the City of Carlsbad, California.
“City Council” means the legislative body of the City.
“Commission” means the Carlsbad Housing and Redevelopment Commission,
“County” means the County of San Diego, California.
“Disposition and Development Agreement” means an agreement between a
developer and the Commission that sets forth terms and conditions for
improvement and redevelopment.
Carlsbad Housing and Redevelopment Commission
Amended: Seutember. 2005 1 Bwj? Redevelopment Plan I -& *-i
South Carlsbad Coastal Redevelopment Project
Adouted: 7/18/00
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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 33411 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. NS-553- adopted on July
18,2000 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, and/or 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.
R. --€&-“Redevelopment Permit” means a permit issued by the Commission, pursuant
to this Plan. for all rehabilitation, redevelopment. and development activities
involving private and public real uroperty, buildings, facilities, and infrastructure
systems within the Proiect Area.
S. “State” means the State of California.
- T.S‘State Law” means an enactment of State of California, and includes such
regulations as have the force of law. I
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: Seutember. 2005 2 Bwj3 Redevelopment Plan
Adooted: 7/18/00
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.
SECTION IV. (400) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals:
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Eliminating blight and environmental deficiencies in the Project Area.
Assembling of land into parcels suitable for modern, integrated development with
improved pedestrian and vehicular circulation in the Project Area.
Replanning, redesigning, and developing properties which are stagnant or improperly
utilized.
Increasing, improving, and preserving the community’s supply of housing affordable
to very low, low, and moderate income households.
Developing new beach and coastal recreational opportunities.
Facilitating the redevelopment of the Encina power generating facility to a smaller,
more efficient power generating plant.
Funding the Carlsbad Boulevard realignment which will yield excess property that
could facilitate expansion of the Carlsbad State Beach campgrounds and other
recreational facilities.
Retaining as many existing businesses as possible by means of redevelopment and
rehabilitation activities.
Enhancing commercial and recreational functions in the Project Area.
Strengthening the economic base of the Project Area and the community by the
installation of needed on- and off-site improvements to stimulate new
commerciallindustrial expansion, employment, and economic growth.
Increasing parking and open spaces amenities.
Implementing performance criteria to assure quality site design environmental
standards to provide unity and integrity to the entire Project Area development. I
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Sky+&dw~ I 7,2004 Adopted: 7/18/00
Amended: September. 2005 3 Dwj2 Redevelopment Plan
SECTION V. (500) REDEVELOPMENT ACTIONS
A. (501) General
The Commission proposes to alleviate and prevent the spread of blight and deterioration
in the Project Area through:
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7.
8.
9.
10.
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.
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 lawful means, or, where it is
deemed necessary, by exercising the power of eminent domain, as
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.
Increasing open space.
Managing property acquired by the Commission.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: September. 2005 4 €k+@ Redevelopment Plan
Adopted: 7/18/00
27
11. 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.
12. 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.
13. Recommending standards to ensure that property will continue to be used
in accordance with this Plan.
14. The closure or vacation of certain streets and the dedication of other areas
for public purposes.
15. Providing replacement housing, as required.
16. Applying for, receiving and utilizing grants and loans from federal or state
governments or any other source.
17. 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) Property Acquisition
1. (503) Acquisition of Real Property
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.
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 standards,
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
%?p&w&e? f 7, -2 Adouted: 7/18/00
Amended: Seutember. 2005 5 Bwj2 Redevelopment Plan
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.
2. (504) Acquisition of Personal Property, Any Other Interest in Real Property. or
Any 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) Participation 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 and 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 activities 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. I
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
rSPplAWPkt4Y f 7, 2044 Adopted: 7/18/00
Amended: SeDtember. 2005 6 €W@ Redevelopment Plan
2. (507) Reentry Preferences for Persons Engaged in Business in the Project Area
The Commission shall extend reasonable preferences to persons who are engaged
in business in the Project Area to relocate and reenter in business in the
redeveloped area, if they otherwise meet the requirements prescribed by this Plan
and the Commission's rules governing owner participation and re-entry.
3. (508) 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.
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.
If conflicts 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) Implementing 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 rules 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.
Carlsbad Housing and Redevelopment Com m ission South Carlsbad Coastal Redevelopment Project
Septede? I 7, 28c14 Adooted: 7/18/00
Amended: Sentember, 2005 7 &sft Redevelopment 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.
Adouted: 7/18/00
Amended: Seutember. 2005 8 €kif2 Redevelopment Plan
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.
3r
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 hture
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) Property 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) Payments to Taxing Agencies
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 payments 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. I
H. (513) Relocation of Persons Displaced bv a Project
Adopted: 7/18/00
1. (5 14) Relocation Promam
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et seq.) (“Relocation Assistance Act”), the
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 Commission, 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
Commission 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.
2. (515) 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 Improvements, 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 Project Area) necessary to
carry out the purposes of this Plan. Specifically, the Commission 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 land required
therefor. Additionally, the Commission is authorized to install and construct, or
to cause to be installed and constructed, within or without the Project Area, 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;
landscaped areas; schools; civic, cultural and recreational facilities; camping
facilities; and pedestrian improvements. The public facilities and infrastructure
improvement projects that may be undertaken by the Commission pursuant to this
Plan are identified in the General Plan, and capital improvement program,
incorporated 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
construction 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.
3. (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.
4. (520) Removal of Hazardous Waste
To the extent legally allowable, the Commission may, in its 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 within the Project Area.
Carlsbad Housing and Redevelopment Commission
Amended: Seutember, 2005 10 Bwj2 Redevelopment Plan I 35
South Carlsbad Coastal Redevelopment Project
AdoDted: 7/18/00
J. (521) Rehabilitation, Moving of Structures by the Commission and Seismic 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
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 properties in accordance
with this Plan.
The Commission may adopt property rehabilitation standards for the rehabilitation
of properties in the Project Area.
Carlsbad Housing and Redevelopment Commission
%?#Medm 2 7, 2@@4 Adooted: 7/18/00
Amended: Seutember, 2005 11 €kj% Redevelopment Plan I 2
South Carlsbad Coastal Redevelopment Project
2. (523) Moving of Structures
3.
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 any real
property acquired.
(524) Seismic Repairs
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.
Carlsbad Housing and Redevelopment Commission
Amended: Seotember. 2005 12 €%i@ Redevelopment Plan 1 d5
South Carlsbad Coastal Redevelopment Project
AdoDted: 7/18/00
K. (525) Property Disposition and Development
1. (526) Real Property Disposition 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 cany 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, and other documents
formulated pursuant to this Plan, are being observed, and that development
of the Project Area is proceeding in accordance with applicable
development documents and time schedules.
All development, whether public or private, must conform to this Plan and
all applicable federal, State, and local laws, including without limitation
the 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: SeDtember. 2005 13 €hg% Redevelopment Plan
b. (528) 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 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 ProDertv Disposition
For the purposes of this Plan, the Commission is authorized to sell, 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) Redevelopment
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Adouted: 7/18/00
The redeveloper shall comply with all state and local laws, 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 and 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:
“That there shall be no discrimination against or segregation of any
person or group of persons. on account of race, color, creed,
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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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.”
L. (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 hereafler amended, with the
exception that new development which provides for one or more of the following specific
uses may be permitted in the Proiect Area only after all of the following are satisfied a)
the Carlsbad Housing and Redevelopment Commission approves a finding that the land
use serves an extraordinarv public purpose. and b) a precise development plan or other
appropriate planning permit or regulatory document is first approved by the Commission
which sets forth the standards for development of the proiect, and c) the Commission has
issued a Redevelopment Permit for the proiect:
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- (1)
(ii) Generation and transmission of electrical energy;
(iii) Public Utility district maintenance and service facilities;
(iv) Governmental maintenance, storage and operating facilities;
(v) Processing. using and storage of natural gas, liquid natural gas, and
domestic and agricultural water supplies;
(vi) Energy transmission facilities, including rights-of-way and pressure
control or booster stations for gasoline. electricity, natural gas, synthetic
natural gas, oil or other forms of energy sources; andor
Wastewater treatment, disposal or reclamation facilities and other facilities
for the production, generation. storage, treatment or transmission of
wastewater.
Desalination Plant and other facilities for the production, generation,
storage, treatment or transmission of water;
(vii)
The above findings and conditions shall not be required for, or applied to, any land use regulated
by the Public Utilities Commission.
-A diagram of current permitted uses is presented on Exhibit D. Redevelopment Law Section
33336 requires this Plan contain adequate safepards that the work of redevelopment will be
carried out pursuant to the Plan. In addition, Redevelopment Law Section 33338 provides that
this Plan contain other covenants, conditions, and restrictions which the City Council prescribes
in order to implement the goals and objectives of this Plan and to provide adequate safeguards
that the work of redevelopment will be carried out pursuant to this Plan.
B. (602) Publicuses
1. (603) Public Street Layout, Rights-of-Way and Easements
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 andor 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
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: Seutember. 2005 17 1 Cji? €ki$ Redevelopment Plan
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 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 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 existing 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
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 exist or are hereafter amended.
E. (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 otherwise 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
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Adooted: 7’1 8/00
all other state and local building codes, guidelines, or master or specific plans as they now
exist or are hereafter amended. I
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: Seotember. 2005 19 &t@ Redevelopment Plan
1. k(608) Redevelopment Permit
Pursuant to this Plan, unless otherwise determined to be exempt by the Zoning Ordinance
or other redevelopment implementinp ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, all rehabilitation,
redevelopment, and development activities involving private and public real property,
buildings, facilities and infrastructure systems within the Proiect Area shall require the
issuance of a Redevelopment Permit and compliance with applicable development
standards and/or desi rn guidelines as set forth under separate approval bv the Housing
and Redevelopment Commission. Redevelopment Permits shall not be required for land
uses regulated by the Public Utilities Commission.
2. (609) New Construction
Unless otherwise determined to be exempt by the Zoning Ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, A311 construction in
the Project Area shall comply with all applicable State and local laws in effect
from time to time, and shall require a Redevelopment Permit. In addition to the
City land use regulations and requirements in &e€+qec: ?zea this Plan, and the
necessity for a Redevelopment Permit, additional specific performance and
development standards may be adopted by the Commission to control and direct
improvement activities in the Project Area. Redevelopment Permits shall not be
required for land uses regulated bv the Public Utilities Commission.
- 32. (61089) Rehabilitation I
Unless otherwise determined to be exempt by the Zoning Ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved bv the Housing and Redevelopment Commission, Amy existing
structure within the Project Area
t that is repaired, altered, reconstructed, or
rehabilitated shall require a Redevelopment Permit, with the exception that a
Redevelopment Permit shall not be required for demolition of an existing
structure or for land uses remlated by the Public Utilities Commission. in
.. .. .
- 4.3. (6118) Number of Dwellinn Units I
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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: seotember. 2005 20 Btq? Redevelopment Plan
Adooted: 7/18/00
43
- 5 .-4
- 6.-%
- 7.4.
- 8.7.
- 9.8.
_. 10.9.
(6121.) 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 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.
(6132) 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 zoning ordinance, and all
other state and local building codes, guidelines, or master or specific plans as they
now exist or are hereafter amended.
(6133) Signs
All signs shall conform to the requirements of the City, and shall require a
Redevelopment Permit. Design of all proposed new signs shall be subject to the
review of the City and the procedures of this Plan.
(6 154) Utilities I
The Commission, in conformity with municipal code, and City policies, shall
require that all utilities be placed underground for new developments whenever
physically possible and economically feasible,
a This reauirement shall not apply to
rehabilitation, reconstruction, expansion or continuation of existing facilities or
developments. It also shall not apply to any land uses regulated by the Public
Utilities Commission.
n L, .. .
(6165) Subdivision of Parcels I
No parcels in the Project Area, including any parcel retained by a participant, shall
be consolidated, subdivided or re-subdivided without the approval of the City.
(6126) Variations I
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September. 2005 21 &wj2 Redevelopment Plan
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:
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.
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. (6187) 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 are= 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 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 any plans that do not
comply with this Plan except as permitted by Section 6126 of this Plan. I
G. (6128) Building Permits
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: SeDtember. 2005 22 €hv@ Redevelopment Plan
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 fiom 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: Sentember. 2005 23 €h@ Redevelopment PZan
SECTION VII. (700) METHODS FOR FINANCING THE PROJECT
A. (701) General Description of the Proposed Financing Methods
Upon adoption of this Plan 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 Commission 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 August 18,
days after the City Council adopted the Ordinance).
,2000(30 I
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 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
Carlsbad Housing and Redevelopment Commission
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South Carlsbad Coastal Redevelopment Project Adopted: 7/18/00
C.
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
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 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
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 advances, loans and
indebtedness as appropriate in carrying out the Project. The portion 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, rehnded, assumed, or otherwise) incurred by the Commission to finance or
refinance, in whole or in part, the redevelopment program for the Project Area.
(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.
Carlsbad Housing and Redevelopment Commission
Sepiedw I 7, -2044 Adopted: 7/18/00
Amended: September, 2005 25 €h$ Redevelopment Plan I c) 8
South Carlsbad Coastal Redevelopment Project
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 funds 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
constitutional or statutory debt limitation or restriction.
D. (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.
E. (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:
1. Institution and completion of proceedings for opening, closing, vacating,
widening, or changing the grades of streets, alleys, and other public rights-
of-way, and for other necessary modifications of the streets, the street
layout, and other public rights-of-way in the Project Area. Such action by
the City shall include the requirement of abandonment and relocation by
the public utility companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this Plan shall
be deemed to require the cost of such abandonment, removal, and
relocation to be borne by others than those legally required to bear such
costs.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
4kptedw~ 1 7, Adopted: 7/18/00
Amended: September. 2005 26 Btwf2 Redevelopment Plan !- ; 4
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
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 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 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 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 Commission 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
#?p&dw I 7, 2884 Adopted: 7/18/00
Amended: September. 2005 27 €k@ Redevelopment Plan
SECTION X. (1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
A. (1 001) Amount of Bonded Indebtedness OutstandinP At Any 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 Section 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 hnd or establishing more debt in order to hlfill 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, refimding, 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. (1003) 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 of this 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 3341 3, including
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
SepWtdw ? 7, 2884 AdoDted: 7/18/00
Amended: SeDtember. 2005 28 &ttj% Redevelopment Plan
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.
D. (1004) 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 of the procedure established in Sections 33450-33458 of
the Redevelopment Law or by any other procedure hereafter established by law.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: September, 2005 29 €W@ Redevelopment Plan
Adouted: 711 8/00
EXHIBIT A
PROJECT AREA MAP
OF THE
SOUTH CARLSBAD COASTAL
REDEVELOPMENT PROJECT
EXHIBIT B
LEGAL DESCRIPTION
OF THE
PROJECT AREA BOUNDARIES
BEING THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, 102.00
FEET WIDE, WITH THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH;
THENCE
ALONG SAID EASTERLY LINE S19"09'02"E, 1,470.51 FEET TO THE NORTH LINE OF
MAP NO. 12926, RECORD OF SURVEYS OF SAID COUNTY; THENCE
ALONG SAID NORTH LINE S89"09'36"E, 565.07 FEET TO THE WESTERLY LINE OF THE
SAN DIEGO NORTHERN RAILROAD (A.T.8zS.F.) RIGHT OF WAY, 200.00 FEET WIDE;
THENCE
ALONG SAID WESTERLY LINE S20027'52"E, 1,052.99 FEET TO A POINT NO THE NORTH
LINE OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, S.B.M.; THENCE
ALONG SAID NORTH LINE S89"59'04"W, 233.90 FEET TO THE WEST LINE OF SAID
SECTION 33; THENCE
ALONG SAID WEST LINE SO0O9'24"W, 110.33 FEET; THENCE
LEAVING SAID SECTION LINE S04"41'37"EY 913.85 FEET TO THE EASTERLY LINE OF
CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE
ALONG SAID EASTERLY LINE S17"30'37"EY 2,303.09 FEET TO A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,350.00 FEET, THENCE
CONTINUING ALONG SAID EASTERLY LINE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25"15'54", AN ARC DISTANCE OF 1,036.25 FEET TO
A POINT ON A NON-TANGENT LINE; THENCE
SOUTHEASTERLY ALONG SAID LINE TO A POINT ON THE NORTHERLY LINE OF LOT
10 IN SAID SECTION 33 AS SAID LOT IS SHOWN ON MAPS 505 AND 528 OF RECORD
OF SURVEY, RECORDS OF SAID COUNTY, SAID POINT BEING LOCATED S66"46'0O"Wy
132.63 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 10; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: ll/ /04 31 Redevelopment Plan
59
ALONG SAID NORTHERLY LINE OF LOT 10 AND ITS WESTERLY PROLONGATION
S66°46'00"W, TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE
MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID ORDINARY HIGH
TIDE 14,000.00 FEET MORE OR LESS TO THE SOUTHERLY LINE OF LOT 24 OF THE
POINSETTIA BEACH, UNIT NO.l AS PER MAP NO. 3897, RECORDS OF SAN DIEGO
COUNTY; THENCE
ALONG SAID SOUTHERLY LINE N590Z1'1O"EY 192.27 FEET TO THE WESTERLY LINE
OF CARLSBAD BOULEVARD, 100.00 FEET WIDE; THENCE
ALONG SAID WESTERLY LINE N30038'50"W, 3,531.15 FEET TO A TANGENT CUR VE
CONCAVE EASTERLY AND HAVING A RADIUS OF 5,298.13 FEET; THENCE
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 DEGO COUNTY; THENCE
ALONG SAID NORTHERLY LINE S65"54'10"W, 291.21 FEET TO THE ORDINARY HIGH
TIDE OF THE PACIFIC OCEAN; THENCE
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"WY 94.54
FEET AND PERPENDICULAR TO THE WESTERLY LINE OF SAID CARLSBAD
BOULEVARD; THENCE
ALONG SAID PERPENDICULAR LINE N65"17'40"WY 94.54 FEET TO A POINT ON SAID
WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE, SAID POINT ALSO
BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HA VING A RADIUS
OF 4,950.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12"10'30",
AN ARC DISTANCE OF 1,05 1.84 FEET TO A TANGENT LINE; THENCE
CONTINUING ALONG SAID WESTERLY LINE AND TANGENT LINE N36"57'30"W, 727.67
FEET TO THE NORTHERLY LINE OF LOT H OF THE RANCHO AGUA HEDIONDA, AS
PER PARTITION MAP NO. 823, RECORDS OF SAID SAN DEGO COUNTY; THENCE
ALONG SAID NORTHERLY LINE N78"02'00"WY 1 , 014.32 FEET; THENCE
LEAVING SAID NORTHERLY LINE OF LOT H, S30049'1O"E, 237.58 FEET; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: ll/ /04 32 Redevelopment Plan SS
S76'47'1 O"E, 93 1.69 FEET; THENCE
S29"17'10"E, 1,100.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF
THE SAN DIEGO NORTHERN RAILROAD RIGHT OF WAY, 100.00 FEET WIDE; THENCE
ALONG SAID WESTERLY LINE N22"3Ot29"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;
THENCE
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:
N60048'00"E, 13.6 1 FEET; THENCE
N29"53'00"E, 35.00 FEET; THENCE (29) N410Z5'00"E, 63.50 FEET; THENCE
N69"48'00"E, 39.00 FEET; THENCE
N72"42'00"E, 205.00 FEET; THENCE
S67"30'00"E, 332.00 FEET TO A POINT ON THE WESTERLY LINE OF THE INTERSTATE 5
FREEWAY, VARIABLE WIDTH; THENCE
TRAVERSING ACROSS SAID FREEWAY, N81°10'00"E, 370.00 FEET MORE OR LESS TO
A POINT ON THE EASTERLY LINE OF SAID FREEWAY AND THE SOUTHWESTERLY
LINE OF SAID AGUA HEDIONDA LAGOON; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE THROUGH ITS VARIOUS
COURSES TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY
LINE OF MAP NO. 7492 RECORDS OF SAID SAN DIEGO COUNTY; THENCE
ALONG SAID PROLONGATION S22_9'22"E, 2,063.77 FEET TO THE NORTHEAST
CORNER OF .SAID MAP NO. 7492, SAID CORNER ALSO BEING A POINT ON A CURVE
OF THE SOUTHERLY LINE OF CANNON ROAD AS SHOWN ON SAID MAP, SAID
CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 949.00 FEET;
THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"17'07", AN
ARC DISTANCE OF 253.17 FEET TO A TANGENT LINE; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: II/ /04 33 Redevelopment Plan - L.2
ALONG SAID LINE AND SOUTHERLY LINE OF CANNON ROAD.
FEET MORE OR LESS TO AN ANGLE THEREON; THENCE
S67"3 1'14"W, 285
SOUTHWESTERLY, 140 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF SAID INTERSTATE 5
FREEWAY, VARIABLE WIDTH; THENCE
TRAVERSING ACROSS SAID FREEWAY SOUTHWESTERLY, 660 FEET MORE OR LESS
TO A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF CANNON ROAD AND
THE WESTERLY LINE OF SAID FREEWAY; THENCE
ALONG SAID WESTERLY LINE S39"57'39"E, 504.90 FEET; THENCE
LEAVING SAID WESTERLY LINE S61 4'41"W, 251.1.3, FEET TO THE EASTERLY LINE
OF AVENIDA ENCINAS, 70.00 FEET %.DE; THENCE
TRAVERSING ACROSS SAID AVENIDA ENCINAS S67029'3 1"W, 70.46 FEET
TO THE WESTERLY LINE OF SAID STREET; THENCE
S67-9'3 1"W, 220.81 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN
RAILROAD RIGHT OF WAY, 100.00 FEET WIDE; THENCE
TRAVERSING ACROSS SAID RIGHT OF WAY S67"29'31"W, 100.00 FEET TO THE
WESTERLY LINE OF SAID RIGHT OF WAY; THENCE
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 WIDTH;
THENCE
ALONG SAID SOUTHERLY LINE N66"04'37"W, 185.97 FEET TO THE EASTERLY LINE
OF CARLSBAD 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
S10Oo54'30"W, 1 10.29 FEET; THENCE (49) 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 POINT ON A NONTANGENT LINE; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: ll/ /04 34 Redevelopment Plan -., -1
.>
(53) ALONG SAID NON-TANGENT LINE S24"26'19"E, 342.37 FEET; THENCE
(54) S63"49'40"EY 141.43 FEET; THENCE (55) S14"35'51"E, 425.67 FEET; THENCE
(56) S17"19'22"E, 132.00 FEET; THENCE
(57) S18"05'14"E, 1,834.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 19,846.00 FEET; THENCE
(58) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 "03'48", AN
ARC DISTANCE OF 368.32 FEET TO A TANGENT LINE; THENCE
(59) S19"09'02"E, 1,703.61 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THE LAND WITHIN THE SEVEN (7) SUBDIVISIONS
RECORDED AS MAP NOS. 2692, 2758 2867, 3212, 3371, 4064, AND 6347 RECORDS OF SAN
DIEGO COUNTY.
CONTAINING: 555.5 ACRES MORE OR LESS.
Carlsbad Housing and Redevelopment Commission
Adopted: 7/18/00
South Carlsbad Coastal Redevelopment Project
Amended: lI/ /04 35 59 Redevelopment Plan
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 Commission will invest housing set-aside funds into affordable
housing rehabilitation and development projects throughout the City.
Infrastructure Programs
Improve pedestrian, bicycle, and vehxular 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 Boulevard: Realign and construct sidewalks, gutters, and other road improvements from
Manzano Drive to the Batiquitos Lagoon.
2. Palomar Airport Road: Widen road and reconstruct existing overpasses from Carlsbad Boulevard
to Avenida Encinas.
3. Ponto DriveKarlsbad Boulevard Frontage Roads: Construct curbs, gutters, sidewalks, and street
lights.
4. Poinsettia Drive: Widen road and bridge from Carlsbad Boulevard to Avenida Encinas.
5. Waterline Umizing: Upsize approximately 560 feet of 6-inch waterline on Avenida Encinas near
Cannon Road.
6. Waterline Replacement: Replace approximately 2,500 feet of 1 0-inch waterline along Carlsbad
Boulevard north of Palomar Airport Road.
7. Waterline Installation: Install various line sizes along Carlsbad Boulevard.
Public Facility Programs
Develop and renovate community facilities that meet the needs of both the Project Area and City. Such
projects include, but are not limited to, the following:
1. Parks and Other 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 modem industrial,
commercial, and utility facilities.
EXHIBIT D
DIAGRAM OF
PERMITTED LAND USES
A N
Go
EXHIBIT 5
SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
2005 AMENDMENT
(FINAL VERSION)
Redevelopment Plan
Prepared for:
Carlsbad Housing and Redevelopment Commission
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008
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
Adopted: July 18, 2000
Amended: September, 2005
TABLE OF CONTENTS
SECTION I.
A.
SECTION 11.
SECTIONIII.
SECTION IV.
SECTION V.
A. B.
C. D. E.
(1 00) 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 F. Property Management ...................................................................................... .8 G. Payments to Taxing Agencies ........................................................................... 8 H. I. Demolition, Clearance, Public Improvements, Site
J. Rehabilitation, Moving of Structures by the Commission and Seismic Repairs ........................................................................................................ 10 K. Property Disposition and Development .......................................................... 12 L.
Relocation of Persons Displaced by a Project .................................................. 8
Preparation and Removal of Hazardous Waste ................................................ 9
Provision for Low and Moderate Income Housing ........................................ .15
SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA ..................... 15
A. Map and Uses Permitted ................................................................................. 15 B. Public Uses .................................................................................................... .15 C. Nonconforming Uses ..................................................................................... .16 D. Interim Uses ................................................................................................... .16 E. General Controls and Limitations .................................................................. .17 F. Design for Development ................................................................................ .19 G. Building Permits ............................................................................................. 19
SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ..................... 20
A. B. C. D. E.
General Description of the Proposed Financing Methods ............................. .20 Tax Increment Revenue .................................................................................. 20 Commission Bonds.. ...................................................................................... .2 1 Other Loans and Grants .................................................................................. 22 Rehabilitation Loans, Grants, and Rebates ..................................................... 22
SECTION VIII. (800) ACTIONS BY THE CITY .......................................................... 22
SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ......................... 23
Adopted: July 18, 2000
Amended: September, 2005 63
SECTION X. (1000) PLAN LIMITATIONS ................................................................ 24
A. B.
C. D.
Amount of Bonded Indebtedness Outstanding At Any One Time ................. 24 Time Frame to Incur Indebtedness .................................................................. 24 Duration of this Plan ....................................................................................... 24 Time Frame to Collect Tax Increment Revenue ............................................. 25
SECTION XI. (1 100) PROCEDURE FOR AMENDMENT ......................................... 25
EXHIBITS
A. B. C. D.
Project Area Map of the South Carlsbad Coastal Redevelopment Project Legal Description of the Project Area Boundaries Listing of the Proposed Projects, Public Facilities and Infrastructure Improvements
Diagram of Permitted Land Uses
Adopted: July 18, 2000
Amended: September, 2005
SECTION I. (100) INTRODUCTION
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 1100), the Project Area Map of the South Carlsbad Coastal Redevelopment
Project Area (“Project Area”) (Exhibit A), the legal 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 Commission 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.
B.
C.
D.
E.
F.
“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.
“City” means the City of Carlsbad, California.
“City Council” means the legislative body of the City.
“Commission” means the Carlsbad Housing and Redevelopment Commission.
“County” means the County of San Diego, California.
“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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Adopted: 7/18/00 L 13 *-
G. “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.
H. “Legal Description” means the metes and bounds legal description of the Project
Area attached hereto as Exhibit B.
I. “Map” means the map of the Project Area attached hereto as Exhibit A.
J. “Method of Relocation” means the methods or plans adopted by the Commission
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 Commission.
K. “Ordinance” means City Council Ordinance No. -NS-553 adopted on -July 18,
2000- adopting this Plan.
L. “Owner Participation Agreement” means an agreement between the Commission
and an Owner which sets forth terms and conditions for use of property, and/or its
improvement and/or its redevelopment as to a specific property.
M. “Person” means an individual(s), or any public or private entities.
N. “Plan” means the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project .
0. “Project” means the South Carlsbad Coastal Redevelopment Project.
P. “Project Area” means the South Carlsbad Coastal Redevelopment Project Area,
which is the territory this Plan applies to, as shown on Exhibit A.
Q. “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.
R. “Redevelopment Permit” means a permit issued by the Commission, pursuant to this
Plan, for all rehabilitation, redevelopment, and development activities involving
private and public real property, buildings, facilities, and infrastructure systems
within the Project Area.
S. “State” means the State of California.
T. “State Law” means an enactment of State of California, and includes such
regulations as have the force of law.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: September, 2005 Redevelopment Plan Adopted: 7/I 8/00 bG
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.
SECTION IV. (400) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals:
Eliminating blight and environmental deficiencies in the Project Area.
Assembling of land into parcels suitable for modern, integrated development with
improved pedestrian and vehicular circulation in the Project Area.
Replanning, redesigning, and developing properties which are stagnant or improperly
utilized.
Increasing, improving, and preserving the community’s supply of housing affordable
to very low, low, and moderate income households.
Developing new beach and coastal recreational opportunities.
Facilitating the redevelopment of the Encina power generating facility to a smaller,
more efficient power generating plant.
Funding the Carlsbad Boulevard realignment which will yield excess property that
could facilitate expansion of the Carlsbad State Beach campgrounds and other
recreational facilities.
Retaining as many existing businesses as possible by means of redevelopment and
rehabilitation activities.
Enhancing commercial and recreational functions in the Project Area.
Strengthening the economic base of the Project Area and the community by the
installation of needed on- and off-site improvements to stimulate new
commercialhndustrial expansion, employment, and economic growth.
Increasing parking and open spaces amenities.
Implementing performance criteria to assure quality site design environmental
standards to provide unity and integrity to the entire Project Area development.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September, 2005 Redevelopment Plan 3
SECTION V. (500) REDEVELOPMENT ACTIONS
A. (501) General
The Commission proposes to alleviate and prevent the spread of blight and deterioration
in the Project Area through:
1. 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.
2. The rehabilitation, remodeling, demolition, or removal of buildings,
structures, and improvements.
3. The rehabilitation, development, preservation, provision; or construction
of affordable housing in compliance with State Law.
4. 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.
5. Providing relocation assistance to displaced residential and nonresidential
occupants in accordance with applicable State Law.
6. The development or redevelopment of land by private enterprise or public
agencies for purposes and uses consistent with the objectives of this Plan.
7. 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 lawful means, or, where it is
deemed necessary, by exercising the power of eminent domain, as
permitted by Section 503 of this Plan, after conducting appropriate public
hearings and making appropriate findings.
8. Site preparation and development and construction of necessary off-site
improvements.
9. Increasing open space.
10. Managing property acquired by the Commission.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project Adopted: 7/18/00
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7 p>
11.
12.
13.
14.
15.
16.
17.
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.
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) Property Acquisition
1. (503) Acquisition of Real Property
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.
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 standards,
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: September, 2005 Redevelopment Plan Adopted: 7/18/00 I;? 4
C.
restrictions and controls of this Plan and the owner fails or rehses to participate in
the Plan pursuant to Sections 506 through 509 of this Plan and applicable
provisions of the Redevelopment Law.
2. (504) Acquisition of Personal Property, Any Other Interest in Real Property, or
Any 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.
(505) Participation 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 and 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 activities 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Adopted: 7/18/00 " 1
2. (507) Reentry Preferences for Persons Engaged in Business in the Project Area
The Commission shall extend reasonable preferences to persons who are engaged
in business in the Project Area to relocate and reenter in business in the
redeveloped area, if they otherwise meet the requirements prescribed by this Plan
and the Commission's rules governing owner participation and re-entry.
3. (508) 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.
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.
If conflicts 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) Implementing 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 rules 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September, 2005 Redevelopment Plan 1 r;
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.
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) Property 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) Payments to Taxing Agencies
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 payments 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September, 2005 Redevelopment Plan
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H. (5 13) Relocation of Persons Displaced by a Proiect
1.
2.
I. (516)
1.
2.
(5 14) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et seq.) (“Relocation Assistance Act”), the
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 Commission, 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
Commission 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.
(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.
Demolition, Clearance, Public Improvements, Site Preparation and Removal
of Hazardous Waste
(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.
(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 Project Area) necessary to
carry out the purposes of this Plan. Specifically, the Commission 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 land required
therefor. Additionally, the Commission is authorized to install and construct, or
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September, 2005 Redevelopment Plan 75
to cause to be installed and constructed, within or without the Project Area, 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;
landscaped areas; schools; civic, cultural and recreational facilities; camping
facilities; and pedestrian improvements. The public facilities and infi-astructure
improvement projects that may be undertaken by the Commission pursuant to this
Plan are identified in the General Plan, and capital improvement program,
incorporated 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
construction 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.
3. (519) 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.
4. (520) Removal of Hazardous Waste
To the extent legally allowable, the Commission may, in its 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 within the Project Area.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Adopted: 7/18/00 iy/
J. (521) Rehabilitation, Moving of Structures by the Commission and Seismic 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
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 properties in accordance
with this Plan.
The Commission may adopt property rehabilitation standards for the rehabilitation
of properties in the Project Area.
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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 fkom any real
property acquired.
3. (524) Seismic Repairs
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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Adopted: 7/I 8/00 f? * sa
K. (525) Property Disposition and Development
1. (526) Real Property Disposition 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, and other documents
formulated pursuant to this Plan, are being observed, and that development
of the Project Area is proceeding in accordance with applicable
development documents and time schedules.
All development, whether public or private, must conform to this Plan and
all applicable federal, State, and local laws, including without limitation
the 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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b. (528) 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 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 Property Disposition
For the purposes of this Plan, the Commission is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of
personal property or any other interest in property by any lawfkl means.
3. (530) Prevention of Discrimination
a. (53 1) Redevelopment
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September, 2005 Redevelopment Plan 18
b.
The redeveloper shall comply with all state and local laws, 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 and 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.
(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:
“That there shall be no discrimination against or segregation of any
person or group of persons. on account of race, color, creed,
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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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.”
L. (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, with the
exception that new development which provides for one or more of the following specific
uses may be permitted in the Project Area only after all of the following are satisfied a)
the Carlsbad Housing and Redevelopment Commission approves a finding that the land
use serves an extraordinary public purpose, and b) a precise development plan or other
appropriate planning permit or regulatory document is first approved by the Commission
which sets forth the standards for development of the project, and c) the Commission has
issued a Redevelopment Permit for the project:
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: September, 2005 Redevelopment Plan .? )
(i) Desalination Plant and other facilities for the production, generation,
(ii) Generation and transmission of electrical energy;
(iii) Public Utility district maintenance & service facilities;
(iv) Governmental maintenance, storage and operating facilities;
(v) Processing, using and storage of natural gas, liquid natural gas, and
domestic and agricultural water supplies;
(vi) Energy transmission facilities, including rights-of-way and pressure
control or booster stations for gasoline, electricity, natural gas, synthetic
natural gas, oil or other forms of energy sources; andor
Wastewater treatment, disposal or reclamation facilities and other facilities
for the production, generation, storage, treatment or transmission of
wastewater.
storage, treatment or transmission of water;
(vii)
The above findings and conditions shall not be required for, or applied to, any land use regulated
by the Public Utilities Commission.
A diagram of current permitted uses is presented on Exhibit D. Redevelopment Law Section
33336 requires this Plan contain adequate safeguards that the work of redevelopment will be
carried out pursuant to the Plan. In addition, Redevelopment Law Section 33338 provides that
this Plan contain other covenants, conditions, and restrictions which the City Council prescribes
in order to implement the goals and objectives of this Plan and to provide adequate safeguards
that the work of redevelopment will be carried out pursuant to this Plan.
B. (602) Publicuses
1. (603) Public Street Layout. Rights-of-way and Easements
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
Carlsbad Housing and Redevelopment Commission
Adopted: 7/18/00
Amended: September, 2005 Redevelopment Plan ’-
South Carlsbad Coastal Redevelopment Project
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 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 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 existing 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 whch 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
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 exist or are hereafter amended.
E. (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 otherwise 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
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: September, 2005 Redevelopment Plan Adopted: 7/18/00 8 /!-
all other state and local building codes, guidelines, or master or specific plans as they now
exist or are hereafter amended.
1. (608) Redevelopment Permit
Pursuant to this Plan, unless otherwise determined to be exempt by the Zoning Ordinance
or other redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, all rehabilitation,
redevelopment, and development activities involving private and public real property,
buildings, facilities and infrastructure systems within the Project Area shall require the
issuance of a Redevelopment Permit and compliance with applicable development
standards and/or design guidelines as set forth under separate approval by the Housing
and Redevelopment Commission. Redevelopment Permits shall not be required for land
uses regulated by the Public Utilities Commission.
2. (609) New Construction
Unless otherwise determined to be exempt by the Zoning Ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, all construction in the
Project Area shall comply with all applicable State and local laws in effect from
time to time, and shall require a Redevelopment Permit. In addition to the City
land use regulations and requirements in this Plan, and the necessity for a
Redevelopment Permit, additional specific performance and development
standards may be adopted by the Commission to control and direct improvement
activities in the Project Area. Redevelopment Permits shall not be required for
land uses regulated by the Public Utilities Commission.
3. (6 10) Rehabilitation
Unless otherwise determined to be exempt by the Zoning Ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, any existing structure
within the Project Area that is repaired, altered, reconstructed, or rehabilitated
shall require a Redevelopment Permit, with the exception that a Redevelopment
Permit shall not be required for demolition of an existing structure or land uses
regulated by the Public Utilities Commission.
4. (61 1) 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.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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5. (612) 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 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.
6. (613) 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 zoning ordinance, and all
other state and local building codes, guidelines, or master or specific plans as they
now exist or are hereafter amended.
7. (614) Sips
All signs shall conform to the requirements of the City, and shall require a
Redevelopment Permit. Design of all proposed new signs shall be subject to the
review of the City and the procedures of this Plan.
8. (615) Utilities
The Commission, in conformity with municipal code, and City policies, shall
require that all utilities be placed underground for new developments whenever
physically possible and economically feasible. This requirement shall not apply to
rehabilitation, reconstruction, expansion or continuation of existing facilities or
developments. It also shall not apply to any land uses regulated by the Public
Utilities Commission.
9. (616) Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant, shall
be consolidated, subdivided or re-subdivided without the approval of the City.
10. (617) 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:
Carlsbad Housing and Redevelopment Commission
Adopted: 7/I 8/00
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South Carlsbad Coastal Redevelopment Project
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.
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. (61 8) Desim 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 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 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 any plans that do not
comply with this Plan except as permitted by Section 61 7 of this Plan.
G. (619) 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
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Commission, any restrictions or controls established by resolution of the Commission,
and any applicable participation or other agreements.
SECTION VII. (700) METHODS FOR FINANCING THE PROJECT
A. (701) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Commission 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, 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 andor
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 Commission 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 August 18,, 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 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
Carlsbad Housing and Redevelopment Commission
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South Carlsbad Coastal Redevelopment Project
Amended: September, 2005 Redevelopment Plan +.’ > “;j
C.
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
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 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
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 advances, loans and
indebtedness as appropriate in carrying out the Project. The portion 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.
(703) Commission Bonds
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Amended: September, 2005 Redevelopment Plan Adopted: 7/18/00 21
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.
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 funds 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
constitutional or statutory debt limitation or restriction.
D. (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.
E. (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:
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
Carlsbad Housing and Redevelopment Commission
Amended: September, 2005 Redevelopment Plan .-)'- '
South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00 c>3
be deemed to require the cost of such abandonment, removal, and
relocation to be borne by others than those legally required to bear such
costs.
2. Institution and completion of proceedings necessary for changes and
improvements to publicly-owned parcels and utilities in the Project Area.
3. Performance of the above, and of all other functions and services relating
to public health, safety, and physical development normally rendered in
accordance with a schedule which will permit the redevelopment of the
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
carry out the Project .
7. The expenditure of any City hds 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 ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City andor 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 Commission 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.
Carlsbad Housing and Redevelopment Commission
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Amended: September, 2005 Redevelopment Plan .- 3'
South Carlsbad Coastal Redevelopment Project
SECTION X. (1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
A. (1001) Amount of Bonded Indebtedness Outstanding At Any 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 Section 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 of this 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 334 13, including
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project Adopted: 7/18/00
Amended: September, 2005 Redevelopment Plan L? 3
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.
D. (1004) 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 of the procedure established in Sections 33450-33458 of
the Redevelopment Law or by any other procedure hereafter established by law.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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EXHIBIT A
PROJECT AREA MAP
OF THE
SOUTH CARLSBAD COASTAL
REDEVELOPMENT PROJECT
a N
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan
wf":
EXHIBIT B
LEGAL DESCRIPTION
OF THE
PROJECT AREA BOUNDARIES
BEING THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, 102.00
FEET WIDE, WITH THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH;
THENCE
ALONG SAID EASTERLY LINE S19"09'02"E, 1,470.51 FEET TO THE NORTH LINE OF
MAP NO. 12926, RECORD OF SURVEYS OF SAID COUNTY; THENCE
ALONG SAID NORTH LINE S89"09'36"E, 565.07 FEET TO THE WESTERLY LINE OF THE
SAN DIEGO NORTHERN RAILROAD (A.T.&S.F.) RIGHT OF WAY, 200.00 FEET WIDE;
THENCE
ALONG SAID WESTERLY LINE S20027'52"EY 1,052.99 FEET TO A POINT NO THE NORTH
LINE OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, S.B.M.; THENCE
ALONG SAID NORTH LINE S89"59'O4"Wy 233.90 FEET TO THE WEST LINE OF SAID
SECTION 33; THENCE
ALONG SAID WEST LINE SOo09'24"W, 110.33 FEET; THENCE
LEAVING SAID SECTION LINE S04"41'37"E, 913.85 FEET TO THE EASTERLY LINE OF
CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE
ALONG SAID EASTERLY LINE S17"30'37"E, 2,303.09 FEET TO A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,350.00 FEET, THENCE
CONTINUING ALONG SAID EASTERLY LINE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25"15'54", AN ARC DISTANCE OF 1,036.25 FEET TO
A POINT ON A NON-TANGENT LINE; THENCE
SOUTHEASTERLY ALONG SAID LINE TO A POINT ON THE NORTHERLY LINE OF LOT
10 IN SAID SECTION 33 AS SAID LOT IS SHOWN ON MAPS 505 AND 528 OF RECORD
OF SURVEY, RECORDS OF SAID COUNTY, SAID POINT BEING LOCATED S66"46'00"W,
132.63 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 10; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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ALONG SAID NORTHERLY LINE OF LOT 10 AND ITS WESTERLY PROLONGATION
S66"46'00"W, TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE
MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID ORDINARY HIGH
TIDE 14,000.00 FEET MORE OR LESS TO THE SOUTHERLY LINE OF LOT 24 OF THE
POINSETTIA BEACH, UNIT NO.l AS PER MAP NO. 3897, RECORDS OF SAN DIEGO
COUNTY; THENCE
ALONG SAID SOUTHERLY LINE N590Zl'lO"E, 192.27 FEET TO THE WESTERLY LINE
OF CARLSBAD BOULEVARD, 100.00 FEET WIDE; THENCE
ALONG SAID WESTERLY LINE N30038'50"W, 3,531.15 FEET TO A TANGENT CUR VE
CONCAVE EASTERLY AND HAVING A RADIUS OF 5,298.13 FEET; THENCE
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
ALONG SAID NORTHERLY LINE S65"54'10"W, 291.21 FEET TO THE ORDINARY HIGH
TIDE OF THE PACIFIC OCEAN; THENCE
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
ALONG SAID PERPENDICULAR LINE N65"17'40"W, 94.54 FEET TO A POINT ON SAID
WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE, SAID POINT ALSO
BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HA VING A RADIUS
OF 4,950.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12"10'30",
AN ARC DISTANCE OF 1,05 1.84 FEET TO A TANGENT LINE; THENCE
CONTINUING ALONG SAID WESTERLY LINE AND TANGENT LINE N36"57'30"W, 727.67
FEET TO THE NORTHERLY LINE OF LOT H OF THE RANCHO AGUA HEDIONDA, AS
PER PARTITION MAP NO. 823, RECORDS OF SAID SAN DIEGO COUNTY; THENCE
ALONG SAID NORTHERLY LINE N78"02'00"W, 1,014.32 FEET; THENCE
LEAVING SAID NORTHERLY LINE OF LOT H, S30049'1O"E, 237.58 FEET; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
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Amended: September, 2005 Redevelopment Plan ;.i a
S76"47'10"E, 93 1.69 FEET; THENCE
S29"17'10"E, 1,100.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF
THE SAN 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;
THENCE
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:
N60048'00"E, 13.6 1 FEET; THENCE
N29"53'00"E, 35.00 FEET; THENCE (29) N410Z5'00"E, 63.50 FEET; THENCE
N69"48'00"E, 39.00 FEET; THENCE
N72"42'00"E, 205.00 FEET; THENCE
S67"30'00"E, 332.00 FEET TO A POINT ON THE WESTERLY LINE OF THE INTERSTATE 5
FREEWAY, VARIABLE WIDTH; THENCE
TRAVERSING ACROSS SAID FREEWAY, N81"10'00"E, 370.00 FEET MORE OR LESS TO
A POINT ON THE EASTERLY LINE OF SAID FREEWAY AND THE SOUTHWESTERLY
LINE OF SAID AGUA HEDIONDA LAGOON; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE THROUGH ITS VARIOUS
COURSES TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY
LINE OF MAP NO. 7492 RECORDS OF SAID SAN DIEGO COUNTY; THENCE
ALONG SAID PROLONGATION S22_9'22"E, 2,063.77 FEET TO THE NORTHEAST
CORNER OF .SAID MAP NO. 7492, SAID CORNER ALSO BEING A POINT ON A CURVE
OF THE SOUTHERLY LINE OF CANNON ROAD AS SHOWN ON SAID MAP, SAID
CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 949.00 FEET;
THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"17'07", AN
ARC DISTANCE OF 253.17 FEET TO A TANGENT LINE; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: September, 2005 Redevelopment Plan I- -
ALONG SAID LINE AND SOUTHERLY LINE OF CANNON ROAD.
FEET MORE OR LESS TO AN ANGLE THEREON; THENCE
S67"3 1'14"W, 285
SOUTHWESTERLY, 140 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF SAID INTERSTATE 5
FREEWAY, VARIABLE WIDTH; THENCE
TRAVERSING ACROSS SAID FREEWAY SOUTHWESTERLY, 660 FEET MORE OR LESS
TO A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF CANNON ROAD AND
THE WESTERLY LINE OF SAID FREEWAY; THENCE
ALONG SAID WESTERLY LINE S39"57'39"E, 504.90 FEET; THENCE
LEAVING SAID WESTERLY LINE S61_4'41"W, 25 1.1.3, FEET TO THE EASTERLY LINE
OF AVENIDA ENCINAS, 70.00 FEET WE; THENCE
TRAVERSING ACROSS SAID AVENIDA ENCINAS S67OZ9'31"Wy 70.46 FEET
TO THE WESTERLY LINE OF SAID STREET; THENCE
S67_9'31"W, 220.81 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN
RAILROAD RIGHT OF WAY, 100.00 FEET WIDE; THENCE
TRAVERSING ACROSS SAID RIGHT OF WAY S67'29'3 1 "W, 100.00 FEET TO
WESTERLY LINE OF SAID RIGHT OF WAY; THENCE
THE
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 WIDTH;
THENCE
ALONG SAID SOUTHERLY LINE N66"04'37"WY 185.97 FEET TO THE EASTERLY LINE
OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE (ALL OF THE REMAINING
COURSES ARE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD)
S1lo49'19"W, 68.46 FEET; THENCE
S1OO054'30"W, 1 10.29 FEET; THENCE (49) S07"37'57"EY 204.32 FEET; THENCE
S17"30'33"EY 305.67 FEET; THENCE
S24"44'16"EY 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 POINT ON A NONTANGENT LINE; THENCE
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project
Adopted: 7/18/00
Amended: September, 2005 Redevelopment Plan
-<eo
ALONG SAID NON-TANGENT LINE S24"26'19"E, 342.37 FEET; THENCE
S63"49'40"E, 141.43 FEET; THENCE (55) S14"35'51"EY 425.67 FEET; THENCE
S 17" 19'22"E, 132.00 FEET; THENCE
S 18"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 CENTRAL ANGLE OF 01 "03'48", AN
ARC DISTANCE OF 368.32 FEET TO A TANGENT LINE; THENCE
S 19"09'02"E, 1,703.61 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THE LAND WITHIN THE SEVEN (7) SUBDIVISIONS
RECORDED AS MAP NOS. 2692, 2758 2867, 3212, 3371, 4064, AND 6347 RECORDS OF SAN
DEGO COUNTY.
CONTAINING: 555.5 ACRES MORE OR LESS.
Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Projeci
Adopted: 7/18/00
Amended: September, 2005 Redevelopment Plan
4 -j
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 Commission will invest housing set-aside funds into affordable
housing rehabilitation and development projects throughout the City.
Infrastructure Programs
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.
2.
3.
4.
5.
6.
7.
Carlsbad Boulevard: Realign and construct sidewalks, gutters, and other road improvements from
Manzano Drive to the Batiquitos Lagoon.
Palomar Airport Road: Widen road and reconstruct existing overpasses from Carlsbad Boulevard
to Avenida Encinas.
Ponto DriveKarlsbad Boulevard Frontage Roads: Construct curbs, gutters, sidewalks, and street
lights.
Poinsettia Drive: Widen road and bridge from Carlsbad Boulevard to Avenida Encinas.
Waterline Upsizing: Upsize approximately 560 feet of 6-inch waterline on Avenida Encinas near
Cannon Road.
Waterline Replacement: Replace approximately 2,500 feet of 1 0-inch waterline along Carlsbad
Boulevard north of Palomar Airport Road.
Waterline Installation: Install various line sizes along Carlsbad Boulevard.
Public Facility Programs
Develop and renovate community facilities that meet the needs of both the Project Area and City. Such
projects include, but are not limited to, the following:
1.
2. Public Safety Facilities
3. Public Works Facilities
Parks and Other Recreational 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 modem industrial,
commercial, and utility facilities.
46
EXHIBIT D
DIAGRAM OF
PERMITTED LAND USES
A N
EXHIBIT 6
PLANNING COMMISSION STAFF REPORT
DATED SEPTEMBER 21,2005
k-d City of Carlsbad Planning Department ’
P.C. AGENDA OF: September 21,2005
A REPORT TO THE PLANNING COMMISSION
Application complete date: NA
Project Planner: Debbie Fountain
Project Engineer: NA
0 Item No.
SUBJECT: PCD/GPC OO-OZ(A) - AMENDMENT TO THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT PLAN - Approval of a Planning Commission
Determination and General Plan Consistency for the amendment to the South
Carlsbad Coastal Redevelopment Plan, finding that the amendment conforms to
the City of Carlsbad’s General Plan.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5970
APPROVING PCD/GPC 00-02(a) for the 2005 Amendment to the South Carlsbad Coastal
Redevelopment Plan based on the findings contained therein.
11. INTRODUCTION AND BACKGROUND
On July 18, 2000, the City of Carlsbad and the Carlsbad Housing and Redevelopment
Commission adopted Ordinance No. NS-553 which approved and adopted the South Carlsbad
Coastal Redevelopment Area (SCCRA) Plan. This Redevelopment Plan set forth a general
framework for redevelopment programs to be implemented in the 555.5 acre project area. The
project area is generally located along portions of Carlsbad Boulevard, Ponto Road, and Cannon
Road, and includes the Cabrillo Power generating plant, San Diego Gas and Electric properties
including right-of-way, other public right-of-way and various industrial, service and residential
properties in the Ponto Drive area.
The primary redevelopment objectives for the SCCRA Plan are to:
1. Facilitate interim improvements at the Cabrillo Power generating facility to reduce the
plant’s environmental and economic impacts on the community; and
2. Accommodate the economically viable redevelopment of the Cabrillo plant to a
physically smaller, more operationally efficient facility; and
3. Provide fimding for the potential realignment of Carlsbad Boulevard, yielding excess
property that could facilitate public recreational facilities and improvements; and
4. Promote the redevelopment of underutilized properties in the Ponto Area.
In order to facilitate and safeguard the work of redevelopment pursuant to the Redevelopment
Plan, it is important that the Plan contain various covenants, conditions, and restrictions which
the City Council prescribes in order to implement the goals and objectives of the Plan. With this
$ $ PCDIGPC 00-02(A) - 2005 AMENDMENT TO THE SCCRA PLAN
September 2 1,2005
Page 2
goal in mind, staff is recommending that the Plan be amended to provide authorization to the
Housing and Redevelopment Commission to issue Redevelopment Permits for private and public
projects and/or improvements constructed within the boundaries of the SCCRA to ensure that
development is consistent with the goals and objectives of the SCCRA Plan.
111. PROJECT DESCRIPTION
The proposed 2005 Amendment will enable the Redevelopment Agency to issue land use
permits through approval by the Housing and Redevelopment Commission for all rehabilitation,
redevelopment and new development activities involving both private and public real property,
buildings, facilities and infrastructure systems within the boundaries of the SCCRA. The 2005
Amendment will also require the Agency to make findings that certain land uses serve an
extraordinary public purpose and obtain approval of a precise development plan or other
appropriate planning permit or regulatory document to set forth the standards for development of
the project. The 2005 Amendment requires a finding of extraordinary public purpose and a
development standards regulatory document for the following uses:
e
e
Desalination Plant and other facilities for the production, generation, storage, treatment or
transmission of water;
Generation and transmission of electrical energy facilities;
Public Utility district maintenance, storage and operating facilities;
Governmental maintenance, storage and operating facilities;
Processing,, using and storage of natural gas, liquid natural gas, and domestic and
agricultural water supplies;
Energy transmission facilities, including rights-of-way and pressure control or booster
stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of
energy sources;
Wastewater treatment, disposal or reclamation facilities; and/or
Using and storage of fuel oils.
The proposed amendment will assist the Housing and Redevelopment Commission in facilitating
the four key objectives noted above for the SCCRA. The proposed amendment will not result in
any changes to the existing land use regulations or alter the land use or development intent of the
General Plan, Zoning Ordinance or Local Coastal Program. This amendment merely establishes
a framework (permit approval) within which projects will be evaluated by the Commission as to
their conformance with the General Plan, Local Coastal Program and their ability to implement
the goals and objectives of the SCCRA Plan. It is important to note that the requirement for a
redevelopment permit or the extraordinary public purpose finding shall not apply to any use
which is regulated by the California Public Utilities Commission.
IV. ANALYSIS
The 2005 Amendment will assist the Agency in facilitating three specific goals of the existing
Redevelopment Plan:
e Facilitate interim improvements at the Encina power generating facility to reduce the
plant’s environmental and economic impacts on the community;
PCD/GPC 00-02(A) - 2005
September 2 1 , 2005
MENT TO THE SCCRA PL
0
0
Accommodate the economicdy viable redevelopment of the Encina plant to a physically
smaller, more operationally efficient facility; and
Promote the redevelopment of underutilized properties in the Ponto area.
$33336 of the California Redevelopment Law (“Law”) requires redevelopment plans contain
adequate safeguards to ensure that the work of redevelopment will be carried out pursuant to the
redevelopment plan. In addition, 533338 of the Law allows for redevelopment plans to contain
other covenants, conditions and restrictions which the legislative body (city council) prescribes,
in order to implement the goals and objectives of the redevelopment plan.
While the Law requires mechanisms to ensure the goals of a redevelopment plan will be
achieved, $33331 of the Law requires every redevelopment plan be consistent with the
community’s general plan. “he 2005 Amendment is not proposing any changes to the existing
land use regulations of the General Plan, Zoning or Lo4 Coastal Program. The 2005
Amendment does not alter the land uses or development intent of the General Plan or Local
Coastal Program, Instead, the 2005 Amendment merely establishes a permit process by which
projects will be evaluated by the Redevelopment Agency as to their conformance with the
General Plan, Local Coastal Program and their ability to implement the goals of the
Redevelopment Pian. In the future, specific plans or other types of Iand use strategies may be
proposed for the Project Area which could involve land use changes or land use issues for the
area. However, any future proposals would require separate, additional review and consideration
by the Planning Commission.
For all the above reasons, Agency staff believes that the Planning Commission should approve
Planning Commission Determination and General Plan Consistency (PCD/GPC OO-O2(a)) for the
2005 Amendment to the South Carisbad Coastal Redevelopment Area Plan, finding that it
conforms and is consistent with the General Plan. The Planning Commission’s report and
recommendation will be submitted to the City Council and Agency at a joint public hearing, after
which the City Council and Agency may consider adoption of the 2005 Amendment.
V. ENVIRONMENTAL REVIEW
The City Council and Housing and Redevelopment Commission certified the original Final
Program Environmental Impact Report (EIR 99-01) for the South Carlsbad Coastal
Redevelopment Project Area in July, 2000 prior to adopting the Redevelopment Plan. The EIR
was prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources
Code Section 2 1000 et/seq) and State and City Guidelines impIementing CEQA, which included
the Draft EIR, the comments made on the Draft EIR and the Agency’s written response to the
comments. The 2005 Amendment to the SCCRA Plan would not change the expectations of the
land uses, amount of development and character of the development that would occur as a result
of implementing the amendment to the Redevelopment Plan from that in the certified final EIR
for the assessment of potential environmental impacts. Since no substantial changes have
occurred and there is no new information of substantial importance with respect to circumstances
under which the Redevelopment Project which would require revisions to the certified final EIR,
in accordance with CEQA Guidelines Sections 15180 and 15162, no subsequent EIR or
supplement to the final EIR need be prepared for the Project. No further environmental review is
required for said 2005 amendment to the SCCRA Plan.
c 4
PCD/GPC 00-02(A) - 2005 AMENDMENT TO THE SCCRA PLAN'
September 2 1,2005
Page 4
ATTACHMENTS:
1.
2.
3.
Planning Commission Resolution No. 5970
2005 Amendment to the South Carlsbad Coastal Redevelopment Plan (Redline)
Amended South Carlsbad Coastal Redevelopment Plan (final)
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PLANNING COMMISSION RESOLUTION NO. 5970
A RESOLUTION OF THE’PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNING COMMISSION DETERMINATION
AND GENERAL PLAN CONSISTENCY FINDING FOR AN
AMENDMENT TO THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN FOR PROPERTY GENERALLY
LOCATED ALONG PORTIONS OF CARLSBAD BOULEVARD,
PONTO ROAD AND CANNON ROAD, INCLUDING THE
ENCINA POWER GENERATING PLANT, SAN DIEGO GAS AND
SERVICE AND RESIDENTIAL PROPERTIES IN THE PONTO
DRIVE AREA IN LOCAL FACILITIES MANAGEMENT ZONES 1,
3,9, 13 AND 22.
CASENAME: AMENDMENT TO THE SOUTH CARLSBAD
ELECTRIC RIGHT-OF-WAY AND VARIOUS INDUSTW,
COASTAL REDEVELOPMENT PLAN (SCCRP)
CASE NO.: PCDIGPC 00-02(A)
WHEREAS, the Housing and Redevelopment Commission (“Agency”) and the
City Council of the City of Carlsbad (“City Council”) are preparing and considering the adoption
of an Amendment to the Redevelopment Plan for the South Carlsbad Coastal Redevelopment
Plan (“Redevelopment Plan”); and
WHEREAS, the intent of the Amendment to the Redevelopment Plan (“2005
Amendment”) is to establish appropriate review procedures for the Carlsbad Redevelopment
Agency with respect to development of public and private projects in the South Carlsbad Coastal
Redevelopment Area (“Project Area”); and
WHEREAS, Section 33453 of the California Community Redevelopment Law
(“Law”) provides that before 2005 Amendment is submitted to the City Council for
consideration, it should be first submitted to the Planning Commission for its report and
recommendation concerning the 2005 Amendment and its conformity with City’s General Plan;
and
WHEREAS, the Planning Commission did on the 21st day of September, 2005,
consider said matter and all factors relating to this item; and 105
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WHEREAS, the proposed Amendment to the South Carlsbad Coastal
Redevelopment Plan has been re\ -2wed and considered pursuant to the California Environmental
Quality Act Guidelines; and
WHEREAS, no substantial changes have occurred with respect to circumstances
and there is no new information of substantial importance under which the Redevelopment
Project is undertaken which will require revisions to the final Environmental Impact Report
(EIR) certified for the subject Redevelopment Plan; and
WHEREAS, in accordance with the California Environmental Quality Act
Guidelines Sections 15 180 and 15 162, no subsequent EIR or supplement to the final EIR need be
prepared for the Project and no further environmental review is required.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby reports, finds and determines the 2005 AMENDMENT TO
THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
conforms to the City of Carlsbad General Plan.
...
...
...
...
The Planning Commission hereby authorizes and directs the officers, employees,
staff, consultants and attorneys for the Planning Commission to take any and all
actions that may be necessary to effectuate the purposes of this Resolution or
which are appropriate or desirable in the circumstances. In the event that prior to
the adoption of the 2005 Amendment, the Agency or City Council desire to make
minor, technical or clarifling changes to the 2005 Amendment, the Planning
Commission hereby finds and determines that any such minor, technical or
clarifying changes need not be referred to it for further report and
recommendation.
PC RES0 NO. 5970 -2-
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This Resolution shall constitute the report and recommendation of the Planning
Commission on the 2005 AMENDMENT OF THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN to the Agency and City Council pursuant to Section 33453.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of September, 2005 by the
following vote, to wit:
AYES: Vice Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, and Whitton
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall and Commissioner Dominguez
MARTELL B. MONT$bMERY, Yice Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
PC RES0 NO. 5970 -3 -
EXHIBIT 7
PLANNING COMMISSION MEETING MINUTES
DATED SEPTEMBER 21,2005
Planning Commission Minutes September 21, 2005
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:OO P.M.
Date of Meeting: September 21,2005
Place of Meeting: COUNCIL CHAMBERS
CALL TO ORDER
Page 1
Planning Commissioner Montgomery called the Regular Meeting to order at 6:OO p.m.
PLEDGE OF ALLEGIANCE
Commissioner Whitton led the pledge of allegiance.
ROLL CALL
Present: Commissioners Baker, Heineman, Montgomery, and Whitton
Absent: Chairperson Segall, Commissioners Cardosa and Dominguez
Staff Present: Don Neu, Assistant Planning Director
Ron Kemp, Deputy City Attorney
Marcela Escobar-Eck, Planning Director
Michele Masterson, Management Analyst
Van Lynch, Senior Planner
Bob Wojcik, Deputy City Engineer - Development Services
Debbie Fountain, Housing and Redevelopment Director
APPROVAL OF MINUTES
MOTION
ACTION: Motion by Commissioner Baker and duly seconded, to approve the minutes of
the Regular Meeting of September 7, 2005.
Commissioners Baker, Dominguez, Heineman, and Montgomery
Chairperson Segall, Cardosa and Dominguez
VOTE: 4-0-3
AYES:
NOES: None
ABSENT:
ABSTAIN: None
Commissioner Cardosa arrived at 6:05 p.m.
Chairperson Segall directed everyone’s attention to the slide on the screen to review the procedures the
Commission would be following for that evening’s public hearing.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
PUBLIC HEARINGS
Commissioner Montgomery opened the public hearing and asked Assistant
introduce the first item.
lanning irector Don Neu to
1. SDP 97-07(B)/HDP 04-12 - LA COSTA PLAZA - PARCEL 7 - Request for approval of
an amendment to Site Development Plan 97-07 and a Hillside Development Permit for
the addition of a 4,000 square foot commercial building on .966 acres located on the
north east corner of La Costa Avenue and El Camino Real in Local Facilities
Management Zone 6.
Planning Commission Minutes September 21, 2005 Page 2
Mr. Neu introduced Item 3 and stated Senior Planner Van Lynch would make the staff presentation.
Commissioner Montgomery asked the applicant if he wished to continue with the public hearing without a
full Commission. The applicant stated he would like to proceed.
Mr. Lynch gave a brief presentation and stated he would be available to answer any questions.
Commissioner Montgomery asked if the applicant wished to make a presentation.
Larry Tucker, with Grant Tucker Properties, stated he concurred with staff conditions and gave a brief
presentation.
Commissioner Montgomery asked if there were any questions of the applicant.
Commissioner Baker asked if any of the service doors or garbage enclosures be visible from La Costa
Avenue. Mr. Tucker stated that because La Costa Avenue rises up quite a bit near the shopping center,
the service doors and garbage enclosures would not be visible. Mr. Tucker further stated that the
enclosures would be behind masonry walls with gates.
Commissioner Montgomery asked if there any other questions of the applicant or of staff.
Commissioner Cardosa asked Mr. Lynch about the slope stability for this project. Bob Wojcik, Deputy
City Engineer, stated the applicant was specifically required to submit a slope stability analysis by a
geologist to ensure that there were no unknown problems from previous development. Mr. Wojcik further
stated the report indicated the slope to be very safe.
Commissioner Montgomery asked why a Hillside Development Permit was being processed for this
project. Mr. Lynch stated there is an allowance to encroach up to 6 feet without a Hillside Development
Permit. Since the project is encroaching more than 6 feet, the Hillside Development permit is required.
Commissioner Montgomery asked if the requirements are different for manufactured or natural slopes.
Mr. Neu stated in general the hillside ordinance has standards which address manufactured or man-made
slopes and is not strictly limited to natural slopes. Commissioner Montgomery stated he was concerned
that the applicant was being required to do something that had already been done on the site. Mr. Lynch
stated the original project did not include a Hillside Development Project because development of the
slope was not being done at that time.
Commissioner Montgomery if there were any members of the audience who wished to speak on the item.
Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5967 and 5968
approving Site Development Plan Amendment 97-07(B) and Hillside
Development Permit 04-12 based on the findings and subject to the conditions
contained therein.
Commissioners Baker, Cardosa, Heineman, Montgomery, and Whitton
VOTE: 5-0-2
AYES:
NOES: None
ABSENT: Chairperson Segall, Commissioner Dominguez
Chairperson Segall closed the public hearing on Item 1 and asked Assistant Planning Director Don Neu
to introduce the next item.
2. PCDlGPC OO-O2[A) - AMENDMENT TO THE SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN - Recommendation of approval of the amendment to the
South Carlsbad Coastal Redevelopment Plan, finding that the amendment conforms to
the City of Carlsbad’s General Plan.
Planning Commission Minutes September 21,2005 Page 3
Mr. Neu introduced Item 2 and stated Debbie Fountain, Housing and Redevelopment Director, would
make the Staff presentation.
Commissioner Montgomery opened the public hearing on Item 2.
Ms. Fountain stated the project does not pertain to the Ponto Beachfront Village Vision Plan, gave a brief
presentation on the project and stated she would be available to answer any questions.
Commissioner Montgomery asked if there were any questions of staff.
Commissioner Heineman asked for clarification regarding the difference between an item which is heard
by the Planning Commission then referred to City Council and an item heard by Planning Commission
then referred to City Council acting as the Housing and Redevelopment Commission on an item. Ms.
Fountain stated the Housing and Redevelopment Commission takes actions for items related to
Redevelopment. The Housing and Redevelopment Commission is a separate legal entity within the City
that consists of the same members as City Council.
Commissioner Baker asked if the Planning Commission would be the first board to hear any proposals
rather than the Design Review Board. Ms. Fountain stated that the Planning Commission would be the
authority recommending on all permits. Commissioner Baker asked if the Planning Department or the
Redevelopment Department would be processing the permits or doing the work. Ms. Fountain stated that
currently the work is being processed through the Planning Department.
Commissioner Cardosa asked if there is some overlap between the EIR for the South Carlsbad Coastal Redevelopment Area and the Ponto Vision Plan. Ms. Fountain stated that the project before the
Commission is a separate document for redevelopment programs and what happens in the
Redevelopment area. The Ponto Vision Plan is more specific in terms of a land use strategy.
Commissioner Cardosa asked for clarification regarding the areas that will actually overlap with the ElRs
for both the South Carlsbad Coastal Redevelopment Agency and the Ponto Vision Plan. Ms. Fountain
stated that the Ponto Vision Plan will be governed by the new EIR but it will still look at the original EIR
that was done for the Redevelopment Plan.
Commissioner Montgomery asked if there was a previous framework or permit process in place with the
original plan or is the Commission approving a plan which establishes the framework. Ms. Fountain
stated that the original redevelopment plan did not include the actual requirement for redevelopment
permits. The thought was that staff would return with a subsequent ordinance that would establish the
permit process. It was decided that an actual Redevelopment Plan requiring the redevelopment permit
would be better.
Commissioner Montgomery asked if there were any members of the audience who wished to speak on
the item. Commissioner Montgomery opened public testimony on the item.
Michael Burner, 701 7 Leeward St, Carlsbad, stated that his questions and concerns had been addressed
by the staff presentation.
Commissioner Montgomery asked if there were any questions or any other members of the audience who
wished to speak on the item. Seeing none, he closed public testimony.
MOTION
ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 5970 approving
PCD/GPC 00-02(A) for the 2005 Amendment to the South Carlsbad Coastal
Redevelopment Plan based on the findings contained therein.
DISCUSSION
Commissioner Whitton stated that the Amendment to the South Carlsbad Coastal Redevelopment Plan
needed and well done. He further stated it is an appropriate plan that will allow the Housing and
Planning Commission Minutes September 21,2005 Page 4
Redevelopment Commission to coordinate the effect and appropriate use of the area and that the proper
realignment procedures to effectively accomplish the redevelopment of area will now be in place
Commissioner Heineman commented that the project is an excellent step.
Commissioner Cardosa concurred.
VOTE: 5-0-2
AYES:
NOES: None
ABSENT: Chairperson Segall, Commissioner Dominguez
Commissioners Baker, Cardosa, Heineman, Montgomery, and Whitton
Commissioner Montgomery closed the public hearing on Item 2 and thanked Staff for their presentations.
PLANNING COMMISSION COMMENTS
None.
PLANNING DIRECTOR COMMENTS
Mr. Neu reminded the Commission that the regular meeting of October 5, 2005 has been cancelled. He
also reminded the Commission of the upcoming Boards and Commissions event this Friday evening.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
MOTION
By proper motion, the regular meeting of the Planning Commission of September 21, 2005, was
adjourned at 6:37 p.m.
DON NEU
Assistant Planning Director
Bridget Desmarais
Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED.
EXHIBIT 8
REPORT TO COUNCIL
2005 Amendment to the South Carlsbad Coastal Redevelopment
Plan
October 4,2005
City of Carisbad
Housing and Redevelopment Commission
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
@RSG INTELLIGENT COMMUNITY
DEVELOP M E N 7
ROSENOW SPEVACEK GROUP, INC.
309 West 4th Street
Santa Ana, California 92701 -4502
P: 714.541.4585
F: 714.541.1 175
E-Mail: info@webrsg.com
Introduction ......................................................................................... 1
Contents of this Report .......................................................................................... 1
Reasons for the Amendment and a Description of Specfic Projects
Proposed and How These Projects Will Improve or Alleviate Blighting
Conditions Found in the Project Area ................................................. 3
A Description of the Physical and Economic Conditions Existing in
the Project Area .................................................................................. 8
Five-Year Implementation Plan ........................................................... 9
Why the Elimination of Blight and Redevelopment Cannot be
Accomplished by Private Enterprise Acting Alone or by the
Commission’s Use of Financing Alternatives Other Than Tax
Increment .......................................................................................... IO
The Method of Financing ................................................................... 11
The Relocation Plan .......................................................................... 12
Analysis of the Preliminary Plan ....................................................... 13
Report and Recommendation of the Planning Commission ............. 14
Report of the Project Area Committee ............................................. 15
General Plan Conformance ................................................................ 16
Environmental Documentation .......................................................... 17
Report of the County Fiscal Officer .................................................. 18
Neighborhood Impact Repolf ............................................................ 19
A Summary of the Commission Consultation with Affected Taxing
Agencies ............................................................................................ 20
Exhibit . A .......................................................................................... 21
Exhibit . B .......................................................................................... 22
The Carlsbad Housing and Redevelopment Commission (“Commission”) is
processing an amendment to the Carlsbad South Coastal Redevelopment Plan
(“2005 Amendment”). The 2005 Amendment would establish a redevelopment
permit process for all private and public improvements in the South Carlsbad
Coastal Redevelopment Project Area (“Project Area”). The Commission currently
requires redevelopment permits for private and public improvements within the
Carlsbad Village Redevelopment Project Area. By establishing a redevelopment
permit process for the Project Area, the Commission will ensure that all
redevelopment and development activities are consistent with the goals and
objectives outlined in the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project (“Redevelopment Plan”).
The Project Area is generally contiguous to Carlsbad Boulevard, Ponto Road and
Cannon Road, and includes the Encina power generation facility and San Diego
Gas and Electric power line right-of-way. Existing land uses include industrial,
public and limited residential and commercial. Exhibit A presents a map of the
boundaries of the Project Area.
This document is the Commission’s Report to the City Council (“Report”) for the
proposed 2005 Amendment and has been prepared pursuant to Section 33352 of
the California Community Redevelopment Law, Health and Safety Code Section
33000 et seq. (“Lad‘). Pursuant to Section 33352, this Report provides
information, documentation and evidence to assist the Carlsbad City Council
(“City Council”) when it considers the 2005 Amendment and the findings required
in connection with its adoption. This Report supplements the evidence contained
in the July 18,2000 Report to Council (“Original Report”) that was approved when
the Redevelopment Plan was first adopted. The Original Report is incorporated
herein by reference.
The contents of this Report are presented in fourteen (14) sections which
correspond to the subdivisions presented in Section 33352 of the Law. The
sections are as follows:
~~ ~
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Section A
Section B
Section C
Section D
Section E
Section F
Section G
Section H
Section I
Section J
Section K
Section L
Section M
Section N
Reasons for the Proposed Amendment and a Description of
Specific Projects Proposed and How These Projects Will Improve
or Alleviate Blighting Conditions Found in the Project Area
A Description of the Physical and Economic Conditions Existing in
the Project Area
Five-Year Implementation Plan
Why the Elimination of Blight and Redevelopment Cannot be
Accomplished by Private Enterprise Acting Alone or by the
Commission’s Use of Financing Alternatives Other Than Tax
Increment
Method of Financing
Relocation Plan
Analysis of the Preliminary Plan
Report and Recommendations of the Planning Commission
Report of the Project Area Committee
General Plan Conformance
Environmental Documentation
Report of the County Fiscal Officer
Neighborhood Impact Report
Consultations with Affected Taxing Agencies
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Reasons fior the Amendment and a Description of
Specfic Prajects Proposed and How These
Projects Wll Imprave or Alleviate Blighting
comlitions Found in the Project Area
The main purpose of the 2005 Amendment include the following:
0 Establishes a redevelopment permit process for all rehabilitation,
redevelopment and development activities involving private and public
real property, buildings, facilities and infrastructure systems within the
Project Area, except as expressly exempted in the 2005 Amendment;
Designates the Planning Commission as the advisory body to the
Commission regarding redevelopment permits (the Redevelopment
Permit Process for the Carlsbad Village Redevelopment Project Area
designates the Design Review Board as the advisory body); and
Requires that the Commission make extraordinary public purpose
findings when considering redevelopment permits for the following uses:
a desalination plant and other facilities that produce, generate, store, treat
or transmit water; electrical energy generation and transmission facilities;
public utility district maintenance, storage and operating facilities;
governmental agency maintenance, storage and operating facilities;
facilities that process, use and store natural gas, liquid natural gas, and
domestic and agricultural supplies; energy transmission facilities including
rights-of-way and pressure control or booster stations for gasoline,
electricity, natural gas, synthetic natural gas, oil or other forms of energy
sources; wastewater treatment, disposal or reclamation facilities; and/or
facilities that use or store fuel oils, except as expressly exempted in the
2005 Amendment.
The specific Redevelopment Plan text modifications are presented below in the
italicized text:
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Section II. (200) GENERAL DEFINITIONS
Add the followins definition:
"Redevelopment Permit" means a permit issued by the Commission, pursuant to
this Plan, for all rehabilitation, redevelopment, and development activities
involving private and public real property, buildings, facilities and infrastructure
systems within the Project Area.
Section VI. (600) USES PERMITTED IN THE PROJECT AREA
Add the followins text to section (601 1 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, with the exception that new development which provides
for one or more of the following specific uses may be permitted in the Project
Area only after all of the following are satisfied a) the Carisbad Housing and
Redevelopment Commission approves a finding that the land use serves an
extraordinary public purpose, and b) a precise development plan or other
appropriate planning permit or regulatoty document is first approved by the
Commission which sets forth the standards for development of the project, and c)
the Commission has issued a Redevelopment Permit for the project:
(0
(io
(iii)
(iv)
(v)
(vi)
(vi0
Desalination Plant and other facilities for the production, generation,
storage, treatment or transmission of watec
Generation and transmission of electrical energy;
Public Utildy district maintenance & service facilities;
Governmental maintenance, storage and operating facilities;
Processing, using and storage of natural gas, liquid natural gas, and
domestic and agricultural water supplies;
Energy transmission facilities, including rights-of-way and pressure
control or booster stations for gasoline, electricdy, natural gas,
synthetic natural gas, oil or other forms of energy sources; andor
Wastewater treatment, disposal or reclamation facilities and other
facilities for the production, generation, storage, treatment or
transmission of wastewater.
The above findings and conditions shall not be required foc or applied to, any
land use regulated by the Public Utilities Commission. A diagram of current
permitted uses is presented on Exhibit D.
Redevelopment Law Section 33336 requires this Plan contain adequate
safeguards that the work of redevelopment will be canied out pursuant to the
Plan. In addition, Redevelopment Law Section 33338 provides that this Plan
contain other covenants, conditions, and restrictions which the Cdy Council
prescribes in order to implement the goals and objectives of this Plan and to
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provide adequate safeguards that the work of redevelopment will be canied out
pursuant to this Plan.
Move the discussion rwardinn “New Construction” to section (609) and revise
section (608) to identify the need for “Redevelopment Permits” as follows:
Pursuant to this Plan, unless otherwise determined to be exempt by the Zoning
Ordinance or other redevelopment implementing ordinance or regulatory
document subsequently approved by the Housing and Redevelopment
Commission, all rehabilitation, redevelopment, and development activities
involving private and public real property, buildings, facilities and infrastructure
systems within the Project Area shall require the issuance of a Redevelopment
Permit and compliance with applicable development standards andor design
guidelines as set forth under separate approval by the Housing and
Redevelopment Commission. Redevelopment Permits shall not be required for
land uses regulated by the Public Utilities Commission.
Move the discussion regarding “Rehabilitation” to section (61 0) and revise section
(609) to address “New Construction” as follows:
Unless otherwise determined to be exempt by the Zoning Ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, all construction in the
Project Area shall comply with all applicable State and local laws in effect from
time to time, and shall require a Redevelopment Permit. In addition to the C@
land use regulations and requirements in this Plan, and the necessity for a
Redevelopment Permit, additional specific performance and development
standards may be adopted by the Commission to control and direct improvement
activities in the Project Area. Redevelopment Permits shall not be required for
land uses regulated by the Public Utilities Commission.
Move the discussion reaardinn “Number of Dwellinn Units” to section (61 1) and
revise section (61 0) to address ”Rehabilitation” as follows:
Unless otherwise determined to be exempt by the Zoning Ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, any existing
structure within the Project Area that is repaired, altered, reconstructed, or
rehabilitated shall require a Redevelopment Permit, with the exception that a
Redevelopment Permit shall not be required for demolition of an existing structure
or land uses regulated by the Public Utilities Cornmission.
Renumber the sections that address “Own Space and Landscaping”,
“Limitations on the Type. Size and Height of Buildings” and “Signs” to (612),
/613), and (614). respectively.
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Move the discussion reqardinn “Subdivision of Parcels” to section (616) and
revise section (61 5) to address “Utilities” as follows:
The Commission, in confotmdy with municipal code, and Cdy policies, shall
require that all utilities be placed underground for new developments whenever
physically possible and economically feasible. This requirement shall not apply to
rehabilitation, reconstruction, expansion or continuation of existing facilities or
developments. It also shall not apply to any land uses regulated by the Public
Utilities Commission.
The Redevelopment Plan was adopted, in part, to mitigate land use and
environmental impacts associated with the industrial uses located in the Project
Area. As documented in the Original Report, the Project Area encompasses
environmentally sensitive coastal uses that were being economically and
physically impacted by various preexisting industrial uses. These impacts were
identified as the blight that would be subsequently addressed through the projects
and programs established through the Redevelopment Plan. After conducting a
comprehensive planning process, the Commission concluded that it should have
additional authority to review certain development and redevelopment projects
and improvements in the Project Area. Since the Redevelopment Permit process
that is embodied in the Carlsbad Village Redevelopment Plan proved successful
in facilitating improvements that both achieved the goals contained in the
Carlsbad Village Redevelopment Plan and eliminated blight in the Carlsbad
Village Redevelopment Project Area, the Commission proposes to establish a
redevelopment permit process for the South Carlsbad Coastal Redevelopment
Project. The 2005 Amendment amends the Redevelopment Plan, in major part,
to establish a redevelopment permit process.
Section 33336 of the Law requires that redevelopment plans contain adequate
safeguards to ensure that the work of redevelopment will be carried out pursuant
to the redevelopment plan. In addition, Section 33338 of the Law allows for
redevelopment plans to contain other covenants, conditions and restrictions
which the legislative body (the City Council) prescribes, in order to implement the
goals and objectives of the redevelopment plan. The Commission believes that
the 2005 Amendment will establish additional safeguards to insure that
redevelopment projects and programs will be implemented pursuant to the
Redevelopment Plan, and establish a process wherein covenants, conditions and
restrictions established by the City Council may be used to mitigate potential
environmental, economic and physical impacts of certain uses proposed for the
Project Area.
While the Law requires mechanisms to ensure the goals of a redevelopment plan will be achieved, Section 33331 of the Law requires every redevelopment plan be
consistent with the community’s general plan. The 2005 Amendment is not proposing any changes to the existing land use regulations of the General Plan,
Zoning or Local Coastal Program. The 2005 Amendment does not alter the land
uses or development intent of the General Plan or Local Coastal Program.
Instead, the 2005 Amendment merely establishes a process and framework
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(permit approval) within which projects will be evaluated by the Commission as
their conformance with the General Plan, Local Coastal Program and their ability
to implement the goals of the Plan. In the future, specific plans or other land use
strategy documents may be proposed for the Project Area which could involve
land use changes or land use issues regarding the Encina Power Plant and
surrounding facilities and/or other properties. However, any future proposals
would require separate, additional review and consideration by the Carlsbad
Planning Commission (“Planning Commission”) and Housing and
Redevelopment Commission.
Moreover, the 2005 Amendment does not modify the Project Area boundaries,
the financial provisions or time limits of the Redevelopment Plan, or the public
projects, facilities and infrastructure improvements listed in the Redevelopment
Plan. The proposed 2005 Amendment to the Redevelopment Plan would
continue the revitalization and redevelopment programs, which are presently
ongoing under the existing Redevelopment Plan. The 2005 Amendment would
not alter any existing plans and/or programs which are required in order to
achieve the goals and objectives for the subject Project Area. Section 33457.1 of
the Law states that the reports and information required by Section 33352 are
only the reports and information warranted by the 2005 Amendment. Thus, a
description of the specific projects proposed by the Commission and a description
of how these projects will improve or alleviate the Project Area’s blighting
conditions is not warranted by the 2005 Amendment.
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A Description of the Physical and Economic
Conditions Existing in the wed Area
Section 33352(b) of the Law requires a description of the physical and economic
conditions that classrfy the Project Area as blighted. Physical and economic
blighting conditions within the Project Area were documented in the Original
Report that supported the findings required to adopt the Ordinance that approved
the Redevelopment Plan. The Original Report is included herein by reference.
Since the Ordinance that adopted the Redevelopment Plan was not subject to
legal challenges or validation actions, it is conclusively presumed that the Project
Area is a blighted area as defined by Sections 33030 and 33031 of the Law and
that all prior proceedings have been duly and regularly taken.
Moreover, the 2005 Amendment does not modify the Project Area boundaries,
the financial or time limit provisions of the Redevelopment Plan, or the public
projects, facilities and infrastructure improvements listed in the Redevelopment
Plan. Section 33457.1 of the Law states that the reports and information required
by Section 33352 are only the reports and information warranted by the 2005
Amendment. Since the 2005 Amendment only modifies the land use provisions
contained in the Redevelopment Plan, a description of the blighting conditions is
not warranted by the 2005 Amendment.
~~ ~~
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I . ”,* i .’ -,-
FmY~lmpIementabon - Plan
A Five Year Implementation Plan was included in the Original Report; this
Implementation Plan covered a period from fiscal year 2000-2001 through 2004-
2005. The Commission is currently concluding review of a new Five Year
Implementation Plan that is scheduled for adoption in the first quarter of 2006.
The existing Five Year Implementation Plan contains specific goals and
objectives for the Project Area, the specific projects, and expenditures to be made
during the five-year planning period, and an explanation of how these goals,
objectives and expenditures will eliminate blight within the Project Area. The
Implementation Plan is not affected by the proposed 2005 Amendment and is
incorporated herein by reference. Therefore, a new Implementation Plan is not
warranted by the 2005 Amendment.
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Why the Elimination of Brim and Redewdopment
Cannot be Accomplished by Pibate Enterprise
Acting Alone or by the Commission% Use of
Financing Abmatks OtherThanTaxIm=rement
Section 33352(d) of the Law requires an explanation of why the elimination of
blight in the Project Area cannot be accomplished by private enterprise alone, or
by the Commission’s use of financing alternatives other than tax increment
financing. This information was previously provided in the Original Report that
was approved when the Redevelopment Plan was adopted in July 2000. The
2005 Amendment will not modify the financial or time limit provisions of the
Redevelopment Plan nor will it reduce the need for the Commission to use tax
increment to fund redevelopment initiatives. Since the 2005 Amendment only
modifies the land use provisions contained in the Redevelopment Plan, an
explanation of why the elimination of blight and the redevelopment of the Project
Area cannot reasonably be expected to be accomplished by private enterprise
acting alone or by the City Council’s use of financing alternatives other than tax
increment financing is not warranted by the 2005 Amendment.
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The Method of Financing
The method of financing redevelopment activities was provided in the Original
Report when the Redevelopment Plan was adopted. The 2005 Amendment will
not alter Project Area boundaries, affect the base year value or change the
proposed method of financing; thus, the 2005 Amendment does not warrant the
method of financing be reviewed.
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The Method or Plan lbr blocation
Sections 333520 and 33411 of the Law require the Commission to prepare a
method or plan for the relocation of families and persons who may be temporarily
or permanently displaced from housing facilities located within the Project Area,
and nonprofit local community institutions to be temporarily or permanently
displaced from facilities actually used for institutional purposes in said Project
Area. The Commission has previously approved the Rules and Regulations for
the lmplementafion of the California Relocation Assistance Law when the
Redevelopment Plan was adopted in July 2000. The 2005 Amendment does not
affect these rules and regulations. Therefore, a method or plan for relocation of
families and persons who may be temporarily or permanently displaced from
housing facilities located within the Project Area is not warranted by the 2005
Amendment.
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AnalysisdthePreliminaryPlan
An analysis of the Preliminary Plan was provided in the supporting documentation
prepared at the time the Redevelopment Plan was adopted. Pursuant to Section
33457.1 of the Law, because the analysis of the Preliminary Plan remains the
same and is not affected by the 2005 Amendment, additional analysis is not
warranted by the 2005 Amendment.
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Report and -- of the Planning
Commission
Section 33352(h) of the Law requires inclusion of a report and recommendation
of the Planning Commission. The report and recommendation of the Planning
Commission was provided in the supporting documentation prepared at the time
the Project Area was adopted. On September 21, 2005 the Planning
Commission determined that the 2005 Amendment was consistent with the
General Plan. The Planning Commission Staff Report dated September 21, 2005
and the Planning Commission Meeting Minutes dated September 21, 2005 are
attached to the Agenda Bill prepared in connection with the joint public hearing for
consideration by the City Council of the 2005 Amendment.
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RqmrtaftheRtqjectAreaCommittee
The Commission did not form a project area committee to review the 2005
Amendment because it does not modify the Redevelopment Plan's provisions
regarding the use of eminent domain to acquire property within the Project Area
nor does it add projects or programs that may lead to the displacement of low and
moderate income households. Therefore, a report of the project area committee
was not prepared and is not warranted by the 2005 Amendment.
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__.I
The 2005 Amendment does not contain provisions which would alter permitted
land uses within the Project Area. On September 21, 2005 the Planning
Commission determined the 2005 Amendment was in conformance with the
General Plan. The Planning Commission Staff Report dated September 21, 2005
and the Planning Commission Meeting Minutes dated September 21, 2005 are
attached to the Agenda Bill prepared in connection with the joint public hearing for
consideration by the City Council of the 2005 Amendment. The Planning
Commission resolution follows this narrative.
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EnvironrnentalDocumentation
Section 33352(k) of the Law requires environmental documentation to be
prepared pursuant to Section 21151 of the Public Resources Code. The City
Council and Housing and Redevelopment Commission prepared and certified
the original Final Program Environmental Impact Report (EIR 99-01) for the South
Carlsbad Coastal Redevelopment Project Area in July, 2000 prior to adopting the
Redevelopment Plan. The EIR was prepared pursuant to the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21 000 effseq) and State and City Guidelines implementing CEQA, which included the
Draft EIR, the comments made on the EIR, and the Agency's written response to
the comments. The 2005 Amendment to the SCCRA Plan would not change the
expectations of the land uses, amount of development and character of the
development that would occur as a result of implementing the amendment to the
Redevelopment Plan from that in the certified Final EIR for the assessment of
potential environmental impacts. The 1999 Final EIR was included in the 2000
Report to the City Council and is incorporated herein by reference.
Since no substantial changes have occurred and there is no new information of
substantial importance with respect to circumstances under which the
Redevelopment Project is undertaken which require revisions to the certified 1999
Final EIR, in accordance with CEQA Guidelines Sections 15180 and 15162, no
subsequent EIR or supplement to the 1999 Final EIR need be prepared for the
Project. No further environmental review is required for said 2005 Amendment to
the SCCRA Plan.
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Section 33352(1) of the Law requires a report of the county fiscal officer as
required by Section 33328 of the Law. The report of the county fiscal officer was
included in the Original Report that was approved in July, 2000. The proposed
2005 Amendment will not enlarge the Project Area or change any financial
provisions or time limits in the Plan. Therefore, a new county fiscal officer is not
warranted by the 2005 Amendment.
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Neighborhood Impact Report
Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact
Report. This information is presented in the Original Report that was prepared
and provided at the time Redevelopment Plan was adopted. Because the
proposed 2005 Amendment will doe not enlarge the Project Area or impact
neighborhoods within or adjacent to the Project Area, no additional analysis is
warranted by the 2005 Amendment.
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\?A REPORT TO COUNCIL
The Commission notified affected taxing agencies through both the
environmental and redevelopment processes. The taxing agencies were invited
to contact the Commission Executive Director regarding the 2005 Amendment.
However, as of the date of this Report, no taxing agency has contacted the
Commission. The 2005 Amendment does not add property to the Project Area
nor does it affect the method of financing redevelopment projects and programs.
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REPORT TO COUNCIL
PLANNING COMMISSION RESOLUTION NO. 5970
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A PLANNING COMMISSION DETERMINATION AND GENERAL PLAN CONSISTENCY
FINDING FOR AN AMENDMENT TO THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN FOR
PROPERTY GENERALLY LOCATED ALONG PORTIONS OF CARLSBAD BOULEVARD, PONTO ROAD
AND CANNON ROAD, INCLUDING THE ENCINA POWER GENERATING PLANT, SAN DlEGO GAS AND
THE PONTO DRIVE AREA IN LOCAL FACILITIES MANAGEMENT ZONES 1,3,9,13 AND 22.
CASE NAME: AMENDMENT TO THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
(SCCRP)
ELECTRIC RIGHT-OF-WAY AND VARIOUS INDUSTRIAL, SERVICE AND RESIDENTIAL PROPERTIES IN
CASE NO.: PCD/GPC OO-O2(A)
WHEREAS, the Housing and Redevelopment Commission (“Agency”) and the City Council of the City
of Carlsbad (“City Council”) are preparing and considering the adoption of an Amendment to the
Redevelopment Plan for the South Carlsbad Coastal Redevelopment Plan (“Redevelopment Plan”); and
WHEREAS, the intent of the Amendment to the Redevelopment Plan (“2005 Amendment”) is to establish
appropriate review procedures for the Carlsbad Redevelopment Agency with respect to development of public
and private projects in the South Carlsbad Coastal Redevelopment Area (“Project Area”); and
WHEREAS, Section 33453 of the California Community Redevelopment Law (“Law”) provides that before 2005
Amendment is Submitted to the City Council for consideration, it should be first submitted to the Planning
Commission for its report and recommendation concerning the 2005 Amendment and its conformity with City’s
General Plan; and
WHEREAS, the Planning Commission did on the 21st day of September, 2005, consider said matter and all
factors relating to this item; and
WHEREAS, the proposed Amendment to the South Carlsbad Coastal Redevelopment Plan has been reviewed
and considered pursuant to the California Environmental Quality Act Guidelines; and
WHEREAS, no substantial changes have occurred with respect to circumstances and there is no new
information of substantial importance under which the Redevelopment Project is undertaken which will require
revisions to the final Environmental Impact Report (EIR) certified for the subject Redevelopment Plan; and
WHEREAS, in accordance with the California Environmental Quality Act Guidelines Sections 151 80 and 151 62,
no subsequent EIR or supplement to the final EIR need be prepared for the Project and no further
environmental review is required.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as
follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission hereby
reports, finds and determines the 2005 AMENDMENT TO THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT PLAN conforms to the City of Carlsbad General Plan.
C) The Planning Commission hereby authorizes and directs the officers, employees, staff,
consultants and attorneys for the Planning Commission to take any and all actions that may be
necessary to effectuate the purposes of this Resolution or which are appropriate or desirable in
the circumstances. In the event that prior to the adoption of the 2005 Amendment, the Agency
or City Council desire to make minor, technical or clarifying changes to the 2005 Amendment,
the Planning Commission hereby finds and determines that any such minor, technical or
clarifying changes need not be referred to it for further report and recommendation.
This Resolution shall constitute the report and recommendation of the Planning Commission on the
2005 Amendment of the South Carlsbad Coastal Redevelopment Plan to the Agency and City Council
pursuant to Section 33453.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Carlsbad, California, held on the 21st day of September, 2005 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
AlTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5970 -22-
\x. WORDEN WILLIAMS APC
Representing Public Agencies, Private Entities, and Individuds
ALL RECEIVED
November 8,2005
Via Facsimile and U.S. Mail
City Council Redevelopment Commission
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008 Carlsbad, California 92008
City of Carlsbad
2965 Roosevelt Street, Suite B
Re: Amendment to the South Carlsbad Coastal Redevelopment Plan
Honorable Mayor and Members of the City Council; Members of the Commission:
This office represents a group of local citizens who are concerned with the
proposed Ponto Beachfront Village Vision Plan (hereafter “Vision Plan”). The
group includes residents of the Hanover Beach Colony to the north of the Vision
Plan site, residents of the San Pacific0 community to the east, and other concerned
residents of the community.
The item before you today, the South Carlsbad Coastal Redevelopment Plan,
includes areas that are part of the Ponto Vision Plan, a proposed planning
document to guide development in the Ponto area. The City Council determined
on June 28,2005 that an EIR should be prepared for the Ponto Beachfront Village
Vision Plan (Case Number: GPA 05-O4/LCPA 05-01). We ask that you add
findings to your resolutions and ordinances which clearly state that this
Amendment will have no effect on the ongoing processing of the Ponto Vision
Plan EIR.
Very truly yours,
WORDEN WILLIAMS, APC
D. Wayne Brechtel
dwb@wordenwilliams.com
DWB:lg
AREAS OF PRACTICE
PUBLIC AGENCY
LAND USE AND
ENVIRONMENTAL
REAL ESTATE
PERSONAL INJURY
ESTATE PLANNING
AND ADMINISTRATION
CIVIL LITIGATION
ATTORNEYS
TRACY R. RICHMOND
D. WAYNE BRECHTEL
TERRY I. KILPATRICK
TERRY M. GlBBS
MALINDA R. DICKENSOW
MICHAEL 8. FURMAN, LL.M.
Of Counsel
D. DWIGHT WORDEN
Of Counsel
W. SCOTT WILLIAMS
Of Counsel
OFFICE
462 STEVENS AVENUE
SUITE 102
SOLANA BEACH
CALIFORNIA
92075
1858) 755-6604 TELEPHONE
(858) 755-5198 FACSIMILE
www.wordenwil Iiarns.com
cc: Clients
My Name is Dustin Johnston
I live at 3891 Garfield, Carlsbad Ca
Mayor, city council. We have registered the Concerned Citizens of Carlsbad
as a political action committee. We will go to the people in the community
who will put on the ballot to choose whether the land commonly know as the
strawberry fields and two additional parcels known as flower growing fields
will remain open space. Today’s hearing involves amending the S-Carlsbad
redevelopment plan to allow for the redevelopment and housing dept to
initiate steps in processing developer’s applications for “redevelopment
permits” and coordinate plan checks. This redevelopment plan and
amendments will be the beginning of the end for our last open space unless
we create balance and designate proper sites in the redevelopment zone. As
an alternative and noble gesture to the city, the joint session
council/commission should initiate the steps necessary to remove these
50acres of open space “known as a portion of the strawberry fields” from the
redevelopment zone.
The Ecke family benefited enormously with the 600 acre Carlsbad Ranch
project. This area used to be a sea of flowers quite visible from highway 5 in
both directions. Now, even the two growing flower field leftover parcels are
compromised because of the Ecke family’s willingness to give an option to
purchase to the same developer who has option to buy those strawberry
fields. Don’t let them ruin Carlsbad’s legacy. If the Ecke family is so
desperate to sell the 72.15 last flower growing fields, let the Citizens of
Carlsbad have the opportunity to purchase them. The last flower belt should
remain intact and remain open space agriculture for generations to come.
In regards to SDGE’s famous 259.69 acres of strawberry fields, you are a
public company that brings lights to our homes. Why are you willing to turn
the lights off on our heritage? Are you motivated by greed like the Ecke
family? We respect property rights! Let the citizens of Carlsbad buy this
land on the same conditions you have with Lennar Corp in order to preserve
this last open space agriculture known as the strawberry fields for
generations to come.
I will not address Lennar Corporation. Everyone understands they are
motivated to make money and are not concerned of Carlsbad’s Heritage, our
love for the strawberry or flower growing fields.
We know their goal is to springboard off this 50acre strawberry parcel in
the redevelopment zone to the take our last remaining open space. Adjacent
to Aqua Hedionda lagoon and the additional 72.15 acres of flower growing
fields across the street. If the council will not curb this intemperate
development, our ballot will.
I would specifically like to address the Mayor for the last 35 years and Matt
Hall for 1 lyears; the city has become over developed. We have enough
traffic, fumes and the takings of our beloved Carlsbad open space. We know
you can indicate to Lennar that their plans to develop our last open spaces
know as the strawberry and flower growing fields will not have your
support. They have made their money on the Bressi Ranch. The people of
the city are tired of increased development as demonstrated last week with
the Ponto development project. People will not stand idle while our city is
transformed into brick and mortar! There is no need to aggravate the
citizens of Carlsbad and force a ballot to preserve these last open spaces.
People remember what Carlsbad used to be like and want to retain what is
left of their heritage and open spaces. If you are not with us, we will not be
with you on the elections in November. Amend this amendment by
removing these 50acres know as a portion of the strawberry fields from your
redevelopment zone. This acreage has no business being in a redevelopment
zone and merely makes it attractive to developers to get into our backyards.
Can we count on you to instruct your staff to redraft this amendment and
hold public comment on the necessity of removing this 50 acre parcel from
the redevelopment zone?
The Citizens of Carlsbad do not want to compromise these last open spaces.
How many of you will support our ballot to insure Carlsbad salvages its’
heritage, secures vital farmlands, and leaves open spaces for generations to
come?
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
October isth, 25th, November OISt, 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This OISt Day of November, 2005
(3 Signature
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
Proof of Publication of
CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION CITY OF CARLSBAD
NOTICE OF JOINT PUBLIC HEARING PROPOSED AMENDMENT TO THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
iGlbpmentotthe'project
nhibit "A accom anyin this Notice is a map tha esents the bountaries 8 the Project Area. A metes id bounds le al descriptlon for the Prop! Area m,ay ? obtained apno charge at the Commission's office cated at 2965 Roosevell Street, Suite 8, Carlsbad a. 92008.
t the oint public nearin the Councll and Commls on wii consider all evic?ence and lestlmony tor an( ainst the 2005 Amendmenl All persons hamg an) %jections to the roposed 2005 Amendment may ap ear before the Eouncil and Commission and shov %use why the proposed 2005 Amendment should no e adopted At any time no later than the hour set f0 ie hearin an erson s ma file a wntten statemen ith the 8it EkrK 1!dO ?arkbad Vlllage Drive arlsbad, CP! 92008. or the Housin and Redevelo lent Director ot their objections to life proposed 208 mendment Public comment will close at the publii earln The Councll and Commission will make writ >n fingings in response to wntten objections Iiieo a ;e public hearing prior to adoptlon of the 200 rnendrnent
;.v" 9dD ____ -- --qc ICT 1861953. 10/18, 10/25, 11/01/05
u
October 3,2005
TO: CITY CLERK
FROM: HOUSING AND REDEVELOPMENT DIRECTOR
NOTICE FOR JOINT PUBLIC HEARING ON PROPOSED AMENDMENT TO
SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
Per Redevelopment Law, the notice for the joint public hearing on the proposed
amendment to the South Carlsbad Coastal Redevelopment Plan, scheduled for November
8,2005 has several components. They are outlined below.
1. The attached notice must be published a total of three times within the local
newspaper, with seven days in between each notice with the last notice made a
minimum of seven days prior to the hearing. For the Joint Public Hearing of the
City Council and Housing and Redevelopment Commission on November 8,
2005, the following schedule is requested for the attached newspaper notice:
October 18,2005; October 25,2005 and November 1,2005.
2. The attached notice must be mailed to all affected taxing agencies via certified
mail, return receipt requested. The mailing labels for the list of taxing agencies is
attached. The attached notice must be mailed to the taxing agencies at least 30
days in advance (by October 8,2005) of the public hearing.
3. The attached notice must be mailed to all affected property owners, businesses
and residents via first-class mail. The mailing labels for the list of property
owners, businesses and residents is attached. The attached notice must be mailed
to these affected parties at least 30 days in advance (by October 8, 2005) of the
public hearing.
If you have any questions, please contact me at X2935. Thank you for your assistance!
, CITY COUNCIL
AND
HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
NOTICE OF JOINT PUBLIC HEARING
PROPOSED AMENDMENT TO THE
SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN
NOTICE IS HEREBY GIVEN THAT the City Council (“Council) and the Housing and Redevelopment Commission
(“Commission”) of the City of Carlsbad will hold a joint public hearing on November 8, 2005 at approximately 6:0Opm, or shortly
thereafter, at the Carlsbad City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California 92008.
If adopted after the joint public hearing, the proposed 2005 Amendment to the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Area (“2005 Amendment”) will enable the Commission to: 1) issue redevelopment permits for all rehabilitation,
redevelopment and development activities involving private and public real property, buildings, facilities and infrastructure systems
within the South Carlsbad Coastal Redevelopment Project Area (“Project Area”); 2) make findings that certain land uses serve an
extraordinary public purpose; and 3) require certain uses obtain a precise development plan or other appropriate planning permit or
regulatory document approved by the Commission, which sets forth the standards for development of the project.
Exhibit “A” accompanying this Notice is a map that presents the boundaries of the Project Area. A metes and bounds legal description
for the Project Area may be obtained at no charge at the Commission’s office located at 2965 Roosevelt Street, Suite B, Carlsbad, Ca.
92008.
The Commission’s Report to the City Council on the proposed 2005 Amendment is currently available for review in the Housing and
Redevelopment Department. The Report includes all documents required by the California Community Redevelopment Law and a
finding that no additional environmental review is required for said 2005 Amendment. Prior to the joint public hearing, these
documents will be available for inspection at the Commission’s office located at 2965 Roosevelt Street, Suite B, Carlsbad, Ca. 92008.
At the joint public hearing, the Council and Commission will consider all evidence and testimony for and against the 2005
Amendment. All persons having any objections to the proposed 2005 Amendment may appear before the Council and Commission
and show cause why the proposed 2005 Amendment should not be adopted. At any time no later than the hour set for the hearing, any
person(s) may file a written statement‘with the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or the Housing and
Redevelopment Director, of their objections to the proposed 2005 Amendment. Public comment will close at the public hearing. The
Council and Commission will make written findings in response to written objections filed at the public hearing prior to adoption of
the 2005 Amendment.
Any questions regarding the 2005 Amendment should be addressed to Debbie Fountain, Housing and Redevelopment Director at
(760) 434-2815. Or, at her office located at 2965 Roosevelt Street, Suite B, Carlsbad, Ca. 92008. Questions or comments via e-mail
may be directed to dfoun@ci.carlsbad.ca.us.
Mike Harris
Tax Area Services Section
State Board of Equalization
450 N. Street, MIC: 59
P.O. Box 942879
Sacramento, CA 94279-0059
Dan McAllister
Treasurer-Tax Collector
San Diego County
1600 Pacific Coast Highway, Rm 162
San Diego, CA 92101
Carlsbad Unified School District
Gaylen Freeman
Deputy Superintendent
6225 El Camino Real
Carlsbad, CA 92099
Carlsbad Municipal Water District
Bob Greaney
General Manager
5950 El Camino Real
Carlsbad, CA 92008
San Diego County Water Authority
Leanne Wade
Controller
4677 Overland Avenue
San Diego, CA 92123
Walter E. Ekard
Chief Administrative Officer
San Diego County
1600 Pacific Coast Highway, Rm 209
San Diego, CA 92101
Gregory J. Smith
Assessor-Clerk
San Diego County
1600 Pacific Coast Highway, Rm 260
San Diego, CA 92101
Encinitas Unified School District
Abdollah Saadat
Asst Superintendent Business Serv
101 S. Rancho Santa Fe Road
Encinitas, CA 92024
Olivenhain Municipal Water District
David McCollum
General Manager
1966 Oliven hain Road
Encinitas, CA 92024
Tracy Sandoval
Auditor-Controller
San Diego County
1600 Pacific Coast Highway, Rm 166
San Diego, CA 92101
Thomas J. Pastuszka
Clerk of the Board
San Diego County
1600 Pacific Coast Highway, Rm 402
San Diego, CA 92101
San Diego County Office of Education
Bob Nicholson
Senior Director, Facilities & Planning
6401 Linda Vista Rd. Room 506
San Diego, CA 92111
Metropolitan Water District
David Furukawa
Controller
P.O. Box 54153 Terminal
Los Angeles, CA 90054-01 53
MARK LEIDER
SEACREST KENNELS
7250 PONTO DRIVE
CARLSBAD CA 92009
JOANNE WILLIAMS
PET GROOMING
7250 PONTO DRIVE
CARLSBAD CA 92009
JAMES SHERLOCK
STILLMAN HEATING & AIR COND
7200 PONTO DRIVE
CARLSBAD CA 92009
PAUL & LINDA ADDISON
NN'llSON SHEET METAL
7238 PONTO DRIVE
CARLSBAD CA 92009
JERRY GRABEN JOSE CORONADO
GRABEN'S MIRROR RESILVEIRNG HERNANDEZ UPHOLSTERY
7248 PONTO DRIVE
CARLSBAD CA 92009 CARLSBAD CA 92009
7248 PONTO DRIVE
GREGORIO AND LUZ ALCARAZ
7244 PONTO DRIVE
CARLSBAD CA 92009 HOUSTON TX 77002
CABRILLO POWER I LLC
1000 LOUISIANA STREET #5800
CHAPPEE FAMILY TRUST B
654 N. COAST HIGHWAY 101
ENClNlTAS CA 92024
SOLAMAR HOMEOWNERS
6532 EASY STREET
CARLSBAD, CA 92009
ESS REALTY JOHN AND CARYL FISCHER
1050 W !jTHAVENUE 6630 SUNSET CIRCLE
ESCONDIDO CA 92025 RIVERSIDE CA 92505
MARK LEIDER MEHRAN MAZDYASNI
PO BOX 31
LAKE BLUFF IL 60044-0031 SAN DIEGO CA 92130
3335 LOWER RIDGE ROAD
PALOMAR BEACH RESORTS LLC PONTO STORAGE INC.
829 2ND STREET #A PO BOX 23
ENClNlTAS CA 92024 CARLSBAD CA 92018
DALE AND DONNA SCHREIBER
7163 ARGONAUTA WAY ATTN: MS. RONILEE CLARK
CARLSBAD CA 92009 PO BOX 880069
STATE OF CA LIF. PARKS & REC.
SAN DIEGO CA 92168-0069
WEST DEVELOPMENT INC. MORRIS YANEZ
PO BOX 8617
RANCHO SANTA FE CA 92067
7264 PONTO DRIVE
CARLSBAD, CA 92009
DALE SCHREIBER
PONTO STORAGE INC.
7290 PONTO DRIVE
CARLSBAD CA 92009
MARCUS BASHORE
BASHONRE CABINETS
7238 PONTO DRIVE
CARLSBAD CA 92009
PAUL & LINDA ADDISON
11 75 SOLANA DRIVE
DELMAR CA 92014
CANNON ROAD LLC
1745 ROCKY ROAD
FULLERTON CA 92831
NANCI DETTMER
7258 PONTO DRIVE
CARLSBAD CA 92009
GRABEN FAMILY TRUST
6719 CAMINO DEL PRADO CARLSBAD CA 92009
NORTH COUNTY TRANSIT DlST
ATTN: KAREN KING
1810 MISSION AVENUE
OCEANSIDE CA 92054
SAN DIEGO GAS AND ELECTRIC
ATTN: MR. RICHARD FARMAN 101 ASH STREET
SAN DIEGO CA 92101
KENNETH AND SOPHIE WANG
4433 CONVOY STREET #H
SAN DIEGO CA 92111
GINA ULBRIGHT
DYNEGY POWER GROUP
1000 LOUISIANA ST. STE 5800
HOUSTON TX 7702
TIMOTHY STRIPE RON ROUSE ERNIE SOCZKA
GRAND PACIFIC RESORTS LUCE, FORWARD, HAMILTON & CABRILLO POWER
5900 PASTEUR COURT STE 200 SCRIPPS
CARLSBAD CA 92008 600 W BROADWAY STE. 2600 SAN DIEGO CA 92101
SAN DIEGO CA 92101
750 “B” STREET SUITE 2740
JEFF WOOLSON STAN MARKS FRANK URTASUN
PRESIDENT, TERRAMAR ASSOC.
PO BOX 860
NRG NORTH AMERICA
750 “B” STREET SUITE 2740
SAN DIEGO GAS & ELECTRIC
8330 CENTURY PARK CT CP 33G
CARLSBAD CA 9201 8-0860 SAN DIEGO CA 92101 SAN DIEGO CA 92123-1530
TIM HEMIG RUTH LOVE LOUIS TASCHNER
CABRILLO POWER SAN DIEGO GAS & ELECTRIC ATTORNEY AT LAW
750 “B” STREET SUITE 2740
SAN DIEGO CA 92101 CP11 D OCEANSIDE CA 92054
8335 CENTURY PARK COURT, 11 53 SO COAST HIGHWAY STE D
SAN DIEGO CA 92123-1569
MIKE HOWES DAVID LLOYD CAROL ESTES
HOWES & WEILER & ASSOC. CABRILLO POWER MlRA COSTA COMMUNITY
2382 FARADAY AVENUE, 750 “B” STREET, SUITE 2740 COLLEGE DISTRICT
SUITE 250, OFFICE 22 CARLSBAD CA 92008 OCEANSIDE CA 92056
KENNETH AND SOPHIE WANG
SAN DIEGO CA 92101 I BARNARD DRIVE MS 6
PAUL & LINDA ADDISON
6188 CARDENO DRIVE
LAJOLLA CA 92037
7238 PONTO DRIVE
2ND CARLSBAD, CA. 92009 AREA PROJECT LABELS
JIM ASHCRAFT DENISE SANCHEZ
225 STEVENS AVE #201
SOLANA BEACH, CA. 92075
P.O. BOX 231844
ENCINITAS, CA. 92023
BILL KRESSIN
3981 SCOTT DRIVE
CARLSBAD, CA. 92008
MARY HANSEN
5283 SHORE DRIVE
CARLSBAD, CA. 92008
THOS. & NORMA BWARIE
5273 SHORE DRIVE
CARLSBAD, CA. 92008
BOB SIEMER
5441 LOS ROBLES DRIVE
CARLSBAD, CA. 92008
DEBORAH MORENO DIANA STANFILL J. WENDEL
526 SAN DlEGUlTO DRIVE 560 DEADWOOD DRIVE 7250 PONTO DRIVE
ENCINITAS, CA. 92024 ESCONDIDO, CA. 92029 CARLSBAD, CA. 92009
CANDY & JOHN MACDONALD PATSY HALE ELLEN MCCARTHY
5267 LOS ROBLES DRIVE 3155 HARDING STREET 3360 LINCOLN STREET
CARLSBAD, CA. 92008 CARLSBAD, CA. 92008 CARLSBAD, CA. 92008
MARCIA STULTS
5199 LOS ROBLES CARLSBAD, CA. 92008
JIM & FLOYD WAGGAMAN STEVEN &REBECCAAPPLE
7204 PONTO DRIVE
CARLSBAD, CA. 92009
7315 BINNACLE DRIVE
CARLSBAD, CA. 92009
LANCE SHULTE
7386 ESCALLONIA CT
CARLSBAD, CA. 92009
MARY & RICHARD JAMES
5249 LOS ROBLES DRIVE
CARLSBAD, CA. 92008
HOLLANDER FAMILY BERKOWITZ FAMILY
8400 CARLSBAD BOULEVARD
CARLSBAD, CA. 92008
5435 EL ARBOL DRIVE
CARLSBAD, CA. 92008
ROBERT & DEBRA MELENDEZ
17105 E LA MONTANA DR UNIT
208 CARLSBAD, CA. 92009
DAN DENNIS
7250 PONTO DRIVE
FOUNTAIN HILLS AZ 85268-8578
LAURA & ROBERT BROWN
51 17 EL ARBOL DRIVE
CARLSBAD, CA. 92008
BOB ZlSS
5100 LOS ROBLES DRIVE
CARLSBAD, CA. 92008
STEVEHARVEY ILDA SCHIBE
LOTMANAGEMENT 167 HILLVIEW LANE
7200 PONTO DRIVE, SUITE B FREDRICKSBURG, TX
CARLSBAD, CA. 92009 78624-5420
DIANA STANFILL
457 Naiad Street
Encintias, CA. 92024
JODY MCMANUS
5198 LOS ROBLES
CARLSBAD, CA. 92008
ROSE ALCAREZ
7244 PONTO DRIVE
CARLSBAD, CA. 92009
NICOLE GlEBlNK
SOLAMAR HOMEOWNERS
6532 EASY STREET
CARLSBAD, CA. 92009
FRANKLIN PIERCE
7200 PONTO DRIVE
CARLSBAD, CA. 92009
BILL SHEDD
UNITED ANGLERS
5046 EDINGER AVENUE
HUNTINGTON BEACH, CA
92649
ELEANOR DIXON BETTY ANN HEINEMAN
701 KETTNER BLVD #I27
SAN DIEGO, CA. 92101
2879 WOODRIDGE CIRCLE
CARLSBAD, CA. 92008
MARLAINE HUBBARD
3475 CORTE SONRISA
CARLSBAD, CA. 92009
CAROL GORBICS
5190 EL ARBOL DR
CARLSBAD, CA. 92008
AL & KYLE GELBART
5485 EL ARBOL DRIVE
CARLSBAD, CA. 92008
EASLAND FAMILY
5120 LOS ROBLES
CARLSBAD, CA. 92008
PATRICIA MEHAN
5403 FOXTAIL LOOP
CARLSBAD CA 92008-71 50
SHERMAN E. DEFOREST
5403 FOXTAIL LOOP
CARLSBAD CA 92008-71 50
ROB WAGNER
925 ROSEMARY AVE
CARLSBAD, CA. 92009
CHUCK FRENCH
SOLAMAR HOMEOWNERS
6532 OCEANVIEW DRIVE
CARLSBAD, CA. 92009
ROGER FOX
3905 PARK DRIVE
CARLSBAD, CA. 92008
TOM DELANEY
515 N HIGHWAY I01
SOLANA BEACH CA 92075-1 132
RICH BARNES
7623 RUSTIC0 DRIVE
CARLSBAD, CA. 92009
TOM DEAN
5190 EL ARBOL DR
CARLSBAD, CA. 92008
MIKE DAVIS
5079 LOS ROBLES
CARLSBAD, CA. 92008
TED DEDERICK
6524 OCEANVIEW DR
CARLSBAD, CA. 92008
RONALD LITTLE
5149 EL ARBOL DR
CARLSBAD, CA. 92008
DANA MIKEL
536 DEW POINT AVE
CARLSBAD, CA.92009
DEBORAH MORENO DENISE SANCHEZ
526 SAN DlEGUlTO DRIVE
ENCINITAS, CA. 92024
P.O. BOX 231 844
ENCINTAS, CA. 92023
BOB CUMMINGS TONY SHARP
KHOVANIAN COMPANIES CARLSBAD COAST DEVELOP.
380 STEVENS AVENUE, STE 21 1 P.O. BOX 820
SOLANA BEACH, CA. 92075 OCEANSIDE, CA. 92049
BILL HOFMAN DARLA DRESSLER
HOFMAN PLANNING ASSOC.
5900 PASTEUR COURT, STE. 150
CARLSBAD, CA. 92008
1607 CORTE ORCHlDlA
CARLSBAD, CA. 92009
Jeff Fosburg BOB PERKINS
John Laing Homes
6183 Paseo Del Norte, Suite 160
San Diego, Ca. 92009
C/O LURAD INC.
1153 CERRO LARGO DRIVE
SOLANA BEACH, CA. 92075
PATTY SCHREIBMAN FRANCES BONNER
6838 MOORHEN PLACE
CARLSBAD, CA. 92009
6503 FRIENDLY PLACE
CARLSBAD, CA. 92009
MR. & MS. PAT KERINS
7108 WHITEWATER STREET
CARLSBAD CA 92009 CARLSBAD CA 92009
HELEN PATTERSON
532 DEW POINT AVE
JOE & CAROLINE ZYSKOWSKI
7469 MERMAID LANE
CARLSBAD, CA 92009
CHERIE MCLARTY
7337 SEAFARER PLACE
CARLSBAD CA 92009
FRANK J. GRADY ALBERT YANEZ
7358 ESCALLONIA COURT 7264 PONTO DR
CARLBAD, CA 92009 CARLSBAD CA 92009
CATHERINE MILLER
5299 EL ARBOL DR
CARLSBAD, CA. 92008
PATRICIA MEHAN
7437 MAGELLAN ST
CARLSBAD, CA. 92008
DALE ORDAS
300 CARLSBAD VILLAGE DRIVE
SUITE 108A
CARLSBAD, CA. 92008
BILL CANEPA
WAVECREST PROPERTIES
829 2ND STREET
ENCINITAS, CA. 92024
JUDITH SWAN
STUART BECKER
21 3 VIA TRlNlTA
APTOS, CA. 95003
DR. TOM KELLER
6929 CATAMARAN DRIVE
CARLSBAD, CA. 92009
PETE MCROSKEY
P.O. BOX 2427
DEL MAR, CA. 92014
JASON ZINN, PRESIDENT
541 WIND SOCK WAY
CARLSBAD CA 92009
NORMAN & LORRI AIELLO
569 ANCHORAGE AVE
CARLSBAD, CA 92009
RONALD GWYNN
7439 NEPTUNE DRIVE
CARLSBAD, CA 92009
KAREN J. SCHLONSKY DOUGLAS JACKSON
P.O.BOX 2725 PO BOX 181 0
CARLSBAD, CA 92018 SlMl VALLEY CA 93062-1 81 0
ELMA KlLE KENNY BOOTH
549 BURTON COURT
CARLSBAD CA 92009 CARLSBAD CA 92008
1530 FARADAY AVE #I 00
ELLEN FAWLS PHIL TURNER
538 WINDSOCK WAY
CARLSBAD CA 92009 CARLSBAD CA 92009
650 SANDSIDE CT
SHAUL MEZRAHI KATHY WHITE
PO BOX 2399
RANCHOMIRAGE CA 92270 CARLSBAD CA 92009
701 1 WHITEWATER ST
CHRIS ROOD
533 HALSING COURT
CARLSBAD CA
CAMBER HARDY
7054 LEEWARD ST
CARLSBAD CA 92009
SHAM SOLITARE
7497 SEASHELL CT
CARLSBAD CA 92009
DAN REINECK
1014 FOXGLOVE VIEW
CARLSBAD CA 92009
MIKE CAVANAUGH
2130 ORINDA DR #B
CARDIFF BY THE SEA CA 92007
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Dan McAllister
Treasurer-Tax Collector San Dieao County ll con TAX COLLECTO~
1600 Pacific Coast Highway, Rrn 162 1' 0
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'E 7002 -0510 0002 8323 bb30 I, 2. Article Number
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PS Form 381 1, August 2001 Domestic Return Receipt t02595-02+.4-1036! I
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Tracy Sandoval Aud itor-Controller San Diego County 1600 Pacific Coast Highway, Rrn 166 San Diego, CA 92101
Dan McAllister ................... .....................
..................
Street. Apt No., Treasurer-Tax CokCtOr or PO Box NO.
Sate, .................... San Diego County 1600 pacific Coast Highway, Rm 162
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4. Restricted Delivery? (Extra Fee)
0 Express Mail
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0 ...................... Tracy Sandoval .................. 0 Yes
?. Article Number
'S Form 381 1, August 2001
r-ansferfmmservice/aimi) 7002 0510 0002 8323 bbr(7
Domestic Return Receipt
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1. Article Addressed to:
Carlsbad Unified School District Gaylen Freeman Deputy Superintendent 6225 El Carnino Real Carlsbad, CA 92099 3. Service Type
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Total Postage 8 Fees
................... .....................
..................... .......................
Carlsbad Unified School District
Street. ~pt. NO, Gaylen Freeman
or% Box No. Deputy Superintendent
Ctty State Zfp.4 6225 El Camino Real
Cnrlchad CA 931799
10259542-M-1036 L- PS Form 381 1, August 2001 Domestic Return Receipt
MlKe l%mS Tax Area Services Section State Board of Equalization 450 N. Street, MIC: 59 P.O. Box 942879
--I Sacramento, CA 94279-0059 -. ~
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Clerk of the Board San Diego County 1600 Pacific'Coast Highway, Rm 402 San Diego, CA 92 101
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'.S Form 381 1, August 2001 Domestic Return Receipt
I
Gregory J. Smith
Assessor-Clerk San Diego County 1600 Pacific Coast Highway, Rm 260 San Diego, CA 92101
I San Diego County ..
- . . . . .. PS Form 381 1, August 2001 Domestic Return Receipt 102595-02-M- 1035
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Metropolitan Water District David Furukawa Controller 0 Redrlcled Delivery Fee P.O. Box 54153 Terminal IlJ (Endorsement Required)
Los Angeles, CA 90054-0153
..........................
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1. Article Addressed to:
San Diego County Water Authority -2 I
Lean ne Wade
Controller i
Certified Fee
Rerum Rece4pt Fee (Endorsement Required) 1 ., 4677 Overland Avenue 1’ 3. S ice Type
$ktified Mail 0 Express Mail San Diego, CA 92123
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4. Restricted oslivery? (Extra Fee) .....................
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1. Atticle Addressed to:
Encinitas Unified School District Abdollah Saadat Asst Superintendent Business Serv
101 S. Rancho Santa Fe Road Encinitas, CA 92024
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Asst Superintendent Business Sew - tl ........................ or POBrix No.
i)ib statee, z/P’d ............. 101 S. Rancho Smh Fe Rod 2. Article Number 0 ! fhn-far fmm service lab/) 7002 0510 0002 8323 6593 F- 1 Encinilas, CA 92024
i =’S Form 381 1, August 2001 Domestic Return Receipt 1 (12595-02-M-1035
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1. Artiik, Addrsgsed to:
Walter E. Ekard Chief Administrative Officer
San Diego County 1600 Pacific Coast Highway, Rm 209 San Diego, CA 92101 3. SerViceType
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San Diego County Office of Education
Bob Nicholson Senior Director, Facilities 8, Planning 6401 Linda Vista Rd. Room 506
San Diego, CA 921 11 3. SewiceType
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______._____.___.__..... Walter E. Ekard
or PO Box No No.: Srreet- _____ .____.______.._____ Sari Diego County '*!
Chief Administrative Officer
1600 Pacific Coast Hihhwav, Rm 209
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1 ArtkleAddmsadto:
Carlsbad Municipal Water District CMed Fea
Bob Greaney
General Manager 5950 El Camino Real 0 RestrldedDeliva~yFee N (Endorsement Required) Carlsbad, CA 92008 3. ServiceType Q OcerufledMa~l OExpressMd
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4. Restncted Delivery? (EWa Fee)
7005 1820 0000 6529 4953
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2. ArticleNumber
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'S Form 381 1, August 2001 Domestic Return Rdpt 10259502-M-1035
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South Carlsbad Coastal South Carlsbad Coastal Redevelopment Plan AreaRedevelopment Plan AreaAmendmentAmendmentJoint Public HearingJoint Public HearingCity Council & City Council & Housing and Redevelopment Housing and Redevelopment CommissionCommissionNovember 8, 2005November 8, 2005
BackgroundBackgroundSCCRA Plan adopted SCCRA Plan adopted July 18, 2005.July 18, 2005.555.5 acres555.5 acresPower Plant, Carlsbad Power Plant, Carlsbad Blvd & Blvd & Ponto Ponto Area.Area.General Framework General Framework for redevelopment for redevelopment programs.programs.
Primary ObjectivesPrimary ObjectivesFacilitate interim improvements to power Facilitate interim improvements to power generating facility.generating facility.Accommodate redevelopment of the power Accommodate redevelopment of the power plant.plant.Provide funding for realignment of Carlsbad Provide funding for realignment of Carlsbad Boulevard.Boulevard.Promote redevelopment of underutilized Promote redevelopment of underutilized properties in properties in Ponto Ponto Area.Area.
AmendmentAmendmentAuthorization to the Housing and Authorization to the Housing and Redevelopment Commission to issue Redevelopment Commission to issue Redevelopment Permits for private & public Redevelopment Permits for private & public projects.projects.Extraordinary public purpose findings for Extraordinary public purpose findings for certain land uses.certain land uses.Additional regulatory documents for certain Additional regulatory documents for certain land uses.land uses.
Extraordinary Public Purpose Extraordinary Public Purpose FindingFindingDesalination Plant & Desalination Plant & other related facilitiesother related facilitiesElectrical Energy Electrical Energy Generation and Generation and transmission facilitiestransmission facilitiesPublic Utility district Public Utility district maintenance facilitiesmaintenance facilitiesGovernmental Governmental maintenance facilitiesmaintenance facilitiesProcessing, using & Processing, using & storage of natural storage of natural gas & agricultural gas & agricultural water supplieswater suppliesEnergy transmission Energy transmission facilitiesfacilitiesWastewater Wastewater treatment facilitiestreatment facilitiesUsing and storage of Using and storage of fuel oilsfuel oils
Land Use RegulationLand Use RegulationNo changes to the existing land use regulations.No changes to the existing land use regulations.No alteration in the land use or development intent No alteration in the land use or development intent of the General Plan, Zoning Ordinance, or Local of the General Plan, Zoning Ordinance, or Local Coastal Program.Coastal Program.Framework (permit approval) for evaluation of Framework (permit approval) for evaluation of development by the Housing and Redevelopment development by the Housing and Redevelopment Commission; consistency with General Plan, Commission; consistency with General Plan, Local Coastal Program and Redevelopment Plan.Local Coastal Program and Redevelopment Plan.Permit and Finding does not apply to any use Permit and Finding does not apply to any use which is regulated by the California Public which is regulated by the California Public Utilities Commission.Utilities Commission.
Planning Effort ImpactsPlanning Effort ImpactsAmendment has no impact on processing of Amendment has no impact on processing of Ponto Ponto Beachfront Village Vision Plan; plan still requires Beachfront Village Vision Plan; plan still requires completion of EIR before it will be returned to completion of EIR before it will be returned to Council/Commission for further action after Council/Commission for further action after appropriate public hearings.appropriate public hearings.No land use permits are approved with the No land use permits are approved with the amendment. Each individual project within amendment. Each individual project within Ponto Ponto Area must go through application process, EIR Area must go through application process, EIR and public hearings.and public hearings.
Planning Effort ImpactsPlanning Effort ImpactsAmendment does not approve any land use Amendment does not approve any land use permits for the Center City Gateway area. permits for the Center City Gateway area. Any projects will be processed according to Any projects will be processed according to current procedures.current procedures.Amendment does not allow for “blanket” Amendment does not allow for “blanket” environmental review exemptions; all environmental review exemptions; all projects will go through the appropriate projects will go through the appropriate environmental review at the time of environmental review at the time of application.application.
Planning Commission Planning Commission September 21, 2005September 21, 2005Found the amendment to be consistent with Found the amendment to be consistent with the General Plan.the General Plan.Recommended adoption of the amendment. Recommended adoption of the amendment.
Commission ActionsCommission ActionsAdopt Commission Resolution No. 404Adopt Commission Resolution No. 404––Approve the Report to CouncilApprove the Report to Council––Authorize Transmittal of the Report to CouncilAuthorize Transmittal of the Report to Council––Approve the 2005 Amendment to the SCCRA Approve the 2005 Amendment to the SCCRA PlanPlan––Recommend approval of City Council Recommend approval of City Council Ordinance approving said AmendmentOrdinance approving said Amendment
Council ActionCouncil ActionAdopt Council Resolution No. 2005Adopt Council Resolution No. 2005--333333––Accept the Report to City CouncilAccept the Report to City Council––Adopt a finding that no additional Adopt a finding that no additional environmental review is required for said environmental review is required for said AmendmentAmendmentIntroduce Ordinance No. NSIntroduce Ordinance No. NS--779779––Adopt the 2005 SCCRA Plan AmendmentAdopt the 2005 SCCRA Plan Amendment
South Carlsbad Coastal Redevelopment Area