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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 Page 2 of AB # 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 Page 3 of AB # 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 . 3 Page 4 of AB # 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 I 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 B 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 2 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 2. 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 1111 1111 /Ill /Ill 1111 1111 1111 1111 /Ill I/// /Ill /Ill llll 1/11 Ill/ 1111 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 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. Carlsbad Housing and Redevelopment Commission Amended: Seutember. 2005 1 Bwj? Redevelopment Plan I -& *-i South Carlsbad Coastal Redevelopment Project Adouted: 7/18/00 G. H. I. J. K. L. M. N. 0. P. Q- “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: e e e e e e e e e e e e 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: 1. 2. 3. 4. 5. 6. 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 Siymtdw 17,2084 AdoDted: 7/18/00 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 Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project Amended: September. 2005 14 €A@ Redevelopment Plan 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 Septe&w 2 ?,M Adopted: 7/18/00 Amended: September. 2005 15 €k$t Redevelopment Plan 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: Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project StpWdte? I 7, -W Adopted: 711 8/00 Amended: September. 2005 16 €h@ Redevelopment Plan - (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 Adopted: 7/18/00 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 Amended: September, 2005 18 €&t@ Redevelopment Plan 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 Septtmk I 7, Adooted: 7/18/00 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 4kp&mber I 7, -W Adopted: 7/18/00 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 Septtdw I 7, -W Adouted: 7/18/00 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 i%p&r&w I 7, -W Adooted: 7/18/00 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 Amended: September. 2005 24 Bq% Redevelopment Plan 1 L/ 7 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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project Amended: September, 2005 Redevelopment Plan 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 Adopted: 7/I 8/00 ’ -1 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 Amended: September, 2005 Redevelopment Plan I 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 Amended: September, 2005 Redevelopment Plan 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 Adopted: 7/18/00 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 Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan n7 I..- 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 Adopted: 7/18/00 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 Amended: September, 2005 Redevelopment Plan 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. ~~ ~ Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan 75 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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project Amended: September, 2005 Redevelopment Plan 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 Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan T-7 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 Adopted: 7/18/00 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 Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan 7;/7 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 Adopted: 7/I 8/00 c 2 Amended: September, 2005 Redevelopment Plan u 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 Amended: September, 2005 Redevelopment Plan '*? -: 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 Amended: September, 2005 Redevelopment Plan Adopted: 7/18/00 r 1: 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 Adopted: 7/18/00 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 Adopted: 7/18/00 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 Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan qr 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 Adopted: 7/18/00 Amended: September, 2005 Redevelopment Plan !:> 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 Adopted: 7/18/00 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -.. " 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ~~ ~ ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 1 1,2005 -1- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 116 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 ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -2- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 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: ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -3- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 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 ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -4- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL I i4 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -5- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 120 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 ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -6- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL / I. (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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -7- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL i c’ .> 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. ~~ ~~ ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 1 1,2005 -8- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 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. ROSENOW SPEVACEK GROUP, INC. CARLSB AD OCTOBER 1 1,2005 -9- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL ;". 'j 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. ROSENOW SPEVACEK GROUP, INC. CARLSB AD OCTOBER 1 I, 2005 - 10- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL b .‘, .e j: c 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. ROSENOW SPEVACEK GROUP, INC. CARLSB AD OCTOBER 1 1,2005 - 11 - HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL I, ,- 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. ROSENOW SPEVACEK GROUP, INC. CARLSB AD OCTOBER 1 1,2005 -12- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL i 2-7 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER I I, 2005 -13- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 - 14- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 1 Y? 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 1 1,2005 - 15- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL ; "i, __.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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 1 1,2005 -16- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL --? I i 1. 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 - 17- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 132 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 - 18- HOUSING & REDEVELOPMENT COMMISSION REPORT TO COUNCIL 07 \ -.I J 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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -19- HOUSING & REDEVELOPMENT COMMISSION \?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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD OCTOBER 11,2005 -20- HOUSING 8 REDEVELOPMENT COMMISSION 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 W Attach this card to the back of the mailpiece, i rn/ or on the front if space permits. 1$L1 I h -. D. Isdeltvervaddressdiffmntfrum item l? 0 yes i il 1. Article Addressed to: !N Dan McAllister Treasurer-Tax Collector San Dieao County ll con TAX COLLECTO~ 1600 Pacific Coast Highway, Rrn 162 1' 0 3, ServiceType 0 Certified Mail 0 Express Mail San Diego, CA 92101 0 Regiatered 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (,Extra fee) 0 Return Receipt for Merchandise 0 Yes Tenifled Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee [Endorsement Requiredl ,,-+- Sent To 'E 7002 -0510 0002 8323 bb30 I, 2. Article Number (Transfer frwn SeNk8 label) PS Form 381 1, August 2001 Domestic Return Receipt t02595-02+.4-1036! I I Complete items 1, 2, and 3. Also complete I Print your name and address on the reverse I Attach this card to the back of the mailpiece, I. Article Addressed to: item 4 if Restricted Delivery is desired. so that we can return the card to you. or on the front if space permits. 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 P f 3. SecviceTvDe I Postage Fl N rn Return Recelpt F- ~ (Endorsement Required) 0 Restricted Delivery Fee 0 (Endorsement Required) Certified Fee - IU 1 Total Postage a Few 0 Certified Mail 0 Registered 0 Insured Mall C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Express Mail 0 Return Receipt for Merchandise I 0 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 I rn Attach this card to the back of the mailpiece, D- or on the front if space permits. 1. Article Addressed to: Carlsbad Unified School District Gaylen Freeman Deputy Superintendent 6225 El Carnino Real Carlsbad, CA 92099 3. Service Type 0 Certifkd Mail 0 Reaistered 0 Express Mail 0 Return ReceiDt for Merchandise Tu l0 0 0 0 - _- - ri ul 0 Insured Mail 0 C.O.D. 4. Restncted Del~very? (Extra Fee) 0 Yes 0 J Postage Cer!ihea Fee Return Receipt Fee (Endorsement Required) Restricted Deliven Fee (Endorsement Rsqtiiredl 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 -. ~ .~ ......... < ~ .. ~. .. ~ .. .. ~~ 102595-02-M-1035 I Clerk of the Board San Diego County 1600 Pacific'Coast Highway, Rm 402 San Diego, CA 92 101 . . . . . . . Fmnsfer from service label) 7002 0510 0002 8321 bb1b '.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 :-! 11 i 1.i ... ~!ii ...... 11 .. 1.i.i .. lli ... I!. ..i Metropolitan Water District David Furukawa Controller 0 Redrlcled Delivery Fee P.O. Box 54153 Terminal IlJ (Endorsement Required) Los Angeles, CA 90054-0153 .......................... Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 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 0 Registered Return Receipt 0 Insured Mail 0 C.O.D. 4. Restricted oslivery? (Extra Fee) ..................... ..................... 7D05 1020 0000 b5Z9 Lt93Lt 2. ArtkleNumber (Transfer from wlce leb.90 IS Form 381 1, August 2001 Domestic Return Receipt ’32 i 2Z-k i 233 I I ti I I I, I, 1 I I ! I1 1 t t I i I I1 1 It I !li 1 I1 I1 t 1 ll I I I II 1 I I I il Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailpiece, or on the front if space permits. 1. Atticle Addressed to: Encinitas Unified School District Abdollah Saadat Asst Superintendent Business Serv 101 S. Rancho Santa Fe Road Encinitas, CA 92024 m, 0- D. Is delivery address different frwn item l? 0 Yes If YES, enter delivery address below: 0 NO 3. ServiceType 0 Certified Mail 0 Registered Express Mail 0 Return Receipt for Merchandise ..:/ c.. .. I 0 Insured Mail 0 C.O.D. -4 0 I ................. Encinitas Unified School District ............... 1 Weet. &:. No : Abdollah Saadat - I:-.---- 1 4. Restricted Delivery? (Exha Fee) 0 Yes , .. - .. 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 Postage Certilted Fee Return Receipt Fee (Endorsement Required) Restncted Oelivwy Fee (Endorsement Required) I D. Isdelivery~dMerenthomRem17 If YES, enter delivery add- be(0W: 0 No .. 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 OCwMadMail OExpnwsMail 0 Aegistotad 0 Insured Mall C.O.D. Return Receipt for Merchandise 4. Restricted Delivery? (EWa Fee) 0 Yes 2. ArtlcleNwnkr m,tornrwrvia,- 7002 0510 0002 6321 bbbl I Complete items 1,2. and 3. Also complete I Mnt your name and add- on the mvme I Attach this card to the back of the mailpiece, I. Article Addnwsed to: Rem 4 If Restricted Delivq is desired. so that we CEUI return the card to you. or on the front if space PmIitS. 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 0 certified Mail 0 Registered 0 Insured Mail 0 C.O.D. 4. Restricted Wiery? (Evtm Fee) 0 Express Mall 0 Return Receipt for Momhandbe 2. ArtickNumber 7005 1820 0000 6529 494b ~fer~scwvico~ 'S Form 381 1, August 2001 Domestk Return Receipt 102595-02-MI03S GI N 4) cu 0 0 0 0 4 u) 0 N 0 0 I- rn v) 0 0 F . .. . . . . ... . . . . . Sent To ______._____.___.__..... Walter E. Ekard or PO Box No No.: Srreet- _____ .____.______.._____ Sari Diego County '*! Chief Administrative Officer 1600 Pacific Coast Hihhwav, Rm 209 I m v) on the reverse so that we can return the card to you. or on the front if space permits. Attach this card to the back of the mailpiece, 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 Insured Mail 0 C.O.D. 0 Registered Ret~n Rdpt for MhandiSe Municipal Water District 4. Restncted Delivery? (EWa Fee) 7005 1820 0000 6529 4953 Yes 2. ArticleNumber lTmsfer from &ce label) 'S Form 381 1, August 2001 Domestic Return Rdpt 10259502-M-1035 ,*I .+,? ., ,t...." .-. 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 BackgroundBackground„„SCCRA Plan adopted SCCRA Plan adopted July 18, 2005.July 18, 2005.„„555.5 acres555.5 acres„„Power Plant, Carlsbad Power Plant, Carlsbad Blvd & Blvd & Ponto Ponto Area.Area.„„General Framework General Framework for redevelopment for redevelopment programs.programs. Primary ObjectivesPrimary Objectives„„Facilitate 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. AmendmentAmendment„„Authorization 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 FindingFinding„„Desalination Plant & Desalination Plant & other related facilitiesother related facilities„„Electrical Energy Electrical Energy Generation and Generation and transmission facilitiestransmission facilities„„Public Utility district Public Utility district maintenance facilitiesmaintenance facilities„„Governmental Governmental maintenance facilitiesmaintenance facilities„„Processing, using & Processing, using & storage of natural storage of natural gas & agricultural gas & agricultural water supplieswater supplies„„Energy transmission Energy transmission facilitiesfacilities„„Wastewater Wastewater treatment facilitiestreatment facilities„„Using and storage of Using and storage of fuel oilsfuel oils Land Use RegulationLand Use Regulation„„No 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 Impacts„„Amendment 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 Impacts„„Amendment 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, 2005„„Found 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 Actions„„Adopt 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 Action„„Adopt 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 AmendmentAmendment„„Introduce Ordinance No. NSIntroduce Ordinance No. NS--779779––Adopt the 2005 SCCRA Plan AmendmentAdopt the 2005 SCCRA Plan Amendment South Carlsbad Coastal Redevelopment Area