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HomeMy WebLinkAbout2000-02-15; Housing & Redevelopment Commission; 319; South Carlsbad Coastal Redevelopment Projectg .- z a s .- 3 .- E s B# 319 TG. 2/15/2000 EPT. H/RED .- TITLE: APPROVAL OF’ PRELIMINARY REPORT, AND AUTHORIZATION TO TRANSMIT PRELIMINARY REPORT AND DRAFT REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT TO AFFECTED TAXING AGENCIES, COUNTY OFFICIALS, AND THE CARLSBAD PLANNING COMMISSION -HOUSING AND REDEVELOPMENT COMMISSION -AGENDA BILL m / 1. DEPT. HD. (d CITY ATTY. @ CITY MGR. GP RECOMMENDED ACTION: ADOPT Housing and Redevelopment Commission Resolution No. JA& APPROVING the Preliminary Report for the South Carlsbad Coastal Redevelopment Project, and authorizing transmittal of the Preliminary Reporf and Draft Redevelopment Plan to affected taxing agencies, County officials, and the Carlsbad Planning Commission. ITEM EXPLANATION: On October 19, 1999, the Housing and Redevelopment Commission approved the project area boundaries and the Preliminary P/an for a second redevelopment project area in Carlsbad, to be known as the South Carlsbad Coastal Redevelopment Project. These actions initiated the redevelopment plan adoption process. As indicated to the Commission on October 19*, the next significant step towards accomplishing the City Council’s goal of creating a second redevelopment area in Carlsbad is to complete the Preliminary Report and subsequently a Report to Council, and the final Redevelopment P/an. As previously instructed, Commission staff has been implementing the necessary steps to prepare a Redevelopment P/an for the South Carlsbad Coastal Redevelopment Project. The next step towards adoption of the subject redevelopment project area is preparation and circulation of a Preliminary Report and Draft Redevelopment Plan. These procedural steps are required by California Community Redevelopment Law. Following is a brief discussion of each of the two documents noted above. Preliminary ReDott The Preliminary Report provided as Exhibit 2 is an informational document that presents the reasons for the Redevelopment Plan (draft attached as Exhibit 3). Components of the Report include the following: l Section A: The reasons for selection of the Redevelopment Project Area, including a discussion of the geographic boundaries and background information; l Section B: A description of the physical and economic blighting conditions of the Project Area; l Section C: A determination as to whether the Project Area is predominately urbanized; l Section D: A preliminary assessment of the proposed method of financing, including economic feasibility and reasons for the division of tax increment , including projected tax increment revenues; ,-. AB# 3. Page 2 l Section E: A description of the projects proposed by the Commission, including public infrastructure and facilities improvements, commercial rehabilitation and economic development initiatives and housing programs, and; l Section F: A description of how the proposed project will improve and alleviate physical and economic blighting conditions in the Project Area. As discussed in the Preliminary Reporf, the Commission has proposed the Redevelopment Plan to eliminate several blighting conditions within the identified 555.5acre Project Area. Among the blighting conditions identified. by the redevelopment consultant in the Report include the following: l Factors hindering the economically viable use of Project Area properties; l Faulty design of structures used by industrial businesses in the Ponto Drive area; l Incompatible land uses; and l Impaired investments due to the obsolete power plant facility and the mixed character of uses in the Ponto Drive area. The Preliminary Report also addresses how the Commission proposes to mitigate these blighting conditions through Redevelopment Plan implementation activities. The Preliminary Report includes a listing of potential redevelopment actions, which include (1) working with Cabrillo Power to facilitate construction of a smaller, more efficient power plant; (2) working with Ponto Drive property owners to redesign and upgrade industrial facilities and/or redevelop the properties in this area; and (3) the installation of public improvements. These activities would be financed primarily by tax increment revenue generated by the Project Area, which is projected to amount to $208 million over the 45-year duration of the Plan. Commission approval of the Preliminary Report by adoption of the attached Resolution will allow the Report to be approved and circulated to County officials and affected taxing entities for review and comment. Additional information and documentation will be provided within a final Report fo fhe City Council, which will be completed within the next 60 days. . Draft Redevelopment Plan The draft Redevelopment P/an which is attached as Exhibif 3 for review does not provide a specific plan for the redevelopment, rehabilitation, or revitalization of Project Area properties. Instead, the Redevelopmenf Plan establishes a process and framework within which improvement programs are considered for redevelopment purposes Key components of the Redevelopment P/an include: l Plan Goals (Section IV): The draft Plan contains a preliminary list of the Commission’s goals for the redevelopment of the Project Area. If adopted, the Plan’s goals would be employed to measure project proposals and evaluate implementation efforts. The goals included in the draft Plan reflect initial suggestions by staff and may be refined by other AE3# 3/? Page 3 interested parties, including the City’s Planning Commission. l Redevelopment Actions (Section V): This section of the draft Plan contains the full breadth of redevelopment authorities permitted by law. These authorities include: (I) the ability to rehabilitate and conserve buildings owned or leased by the Commission, (2) the ability to acquire property by any legal means, including eminent domain, (3) the ability to enter into participation agreements with property owners, (4) the ability to rent, lease, manage, or dispose property owned by the Commission, (5) the ability to provide relocation assistance to persons or entities displaced by the Commission, (6) the ability to undertake public improvements to benefit the Project Area, and (7) the ability to construct and improve affordable housing. l Permitted Uses (Section VI): This section sets forth land use policies for the Project Area. The draft Plan incorporates the land use policies of the City’s General Plan and Zoning Ordinance. Permitted land uses, development standards, and densities shall be those provided in these documents, as they currently exist or are hereafter amended. Over the 30-year period that the Plan would remain in effect, the Redevelopment P/an provides the Commission the authority to adopt and impose specific development standards, permit interim uses, establish land use controls, and grant variances. l Method of Financing (Section VII): This section provides the Commission with the ability to incur indebtedness, collect tax increment revenue from only the Project Area, and issue bonds to finance the redevelopment of the Project Area. This section also enables the Commission to make loans, grants, or rebate payments. 0 Plan Limitations (Section X): This section incorporates maximum time limits per redevelopment law on various redevelopment authorities. Authorities include the ability for the Redevelopment Agency to incur new debt for a period of 20 years after Plan adoption, a 30-year Redevelopment Plan duration, and a 45-year time frame for the Commission to collect tax increment revenue to repay indebtedness. Additionally, the Plan proposes a $100 million limit on the amount of bonded indebtedness that may be outstanding at any one time. California Redevelopment Law requires that the City Council may not approve the Redevelopment Plan until it is reviewed by the Planning Commission and a report is made back to the Council on the Plan’s conformity to the City’s General Plan. Therefore, at this time, staff is recommending that the Housing and Redevelopment Commission review the draft Redevelopment P/an, and if acceptable forward it to the Carlsbad Planning Commission as well as County officials and other affected taxing entities for review and comments. A finalized version of the Redevelopment P/an together with a Report to the City Council will be presented for approval during a joint public hearing of the Commission and City Council currently scheduled for June 20,200O. AB# 3’9 Page 4 Environmental Review A complete Environmental Impact Report (EIR) is being prepared in conjunction with the preparation of the Final Redevelopment Plan. A consultant has been hired to prepare the EIR, which upon completion, will be submitted to the Planning Commission and Housing and Redevelopment Commission/City Council for consideration prior to any action being taken to adopt the subject Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. Staff Recommendation . At this time, Staff is recommending that the Housing and Redevelopment Commission adopt the attached resolution which will: l Approve the attached Preliminary Report for the South Carlsbad Coastal Redevelopment Project, and; l Authorize staff to circulate both the Preliminary Report and Draft Redevelopment P/an for the South Carlsbad Coastal Redevelopment Project to affected taxing entities, County officials, and the Carlsbad Planning Commission. FISCAL IMPACT: At this time, there is no additional financial impact related to approval of the Prehminary Report, and transmittal of the Report and Draft Redevelopmenf P/an to the affected taxing entities and Planning Commission. Previous actions have appropriated funds in the amount of approximately $200,000 for consultant services required to complete the various tasks associated with the adoption of a redevelopment project area. EXHIBITS: I. Housing and Redevelopment Commission Resolution No. a, approving the Preliminary Report and authorizing transmittal of the Report and Draft Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project to affected taxing agencies, county officials, and the Carlsbad Planning Commission. 2. Preliminary Report for South Carlsbad Coastal Redevelopment Project. 3. Draft Redevelopment Plan for South Carlsbad Coastal Redevelopment Project. II . 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 322 i A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROmG THE PRELIMINARY REPORT AND AUTHORIZING TRANSMITTAL OF THE PRELIMINARY REPORT AND DRAFT REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT 6 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad (“Commission”) has undertaken the required steps for the adoption of the proposed Redevelopment Plan 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the South Carlsbad Coastal Redevelopment Project; and WHEREAS, Section 33344.5 of the California Community Redevelopment Law (California Health and Safety Code Sections 33000 et. sect.) provides that the Commission shall prepare and send to each affected taxing entity a Preliminary Report which shall include the information contained in Section 33344.5; and WHEREAS, the draft Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project has been prepared in accordance with the provisions of California Community Redevelopment Law; and WHEREAS, Section 33346 of the California Community Redevelopment Law provides that before the proposed Redevelopment Plan is submitted to the City Council for consideration, it shall fust be submitted to the Planning Commission for its report and recommendation concerning the Redevelopment Plan and its conformity to the City’s General Plan; and WHEREAS, the Commission desires to make the draft Redevelopment Plan available to affected taxing entities for the information. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as follows: / 1. The “Preliminary Report for the South Carlsbad Coastal Redevelopment Project” as submitted in the form attached hereto, is hereby accepted and approved by the Housing and Redevelopment Commission. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 20 21 22 23 24 25 26 27 28 2. mc Resolution NO. 322 The Housing and Redevelopment Commission hereby directs that the “Preliminary Report for the South Carlsbad Coastal Redevelopment Project” and the “Draft Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project” be transmitted to the affected taxing entities and made available to the Planning Commission for its report and recommendation pursuant to Section 33346 of the California Community Redevelopment Law. PASSED, APPROVED AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, on the 15 th day of February, 2000, by the following vote, to wit: l AYES: Commissioners Lewis, Finnila, Nygaard, and Kulchin NOES: None ABSENT: Commissioner Hall ABSTAIN: None ATTEST: -. EXHIBIT 2 South Carlsbad Coastal Redevelopment Project Preliminary Report February 4,200O Car&bad Housing and Redevelopment Commission 2965 Roosevelt Street, Suite B Carisbad, California 92008 Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Phone: (714) 5414585 Fax: (714) 836-l 748 E-Mail: RSGlncCA@aol.com Table of Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Plan Adoption Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Contents of this Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii Reasons for the Project Area . . . . . . . . . . . . . ..~‘.....................~.................... A-l Geographic Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-l Background ......................................................................................................... A-3 Blighting Conditions in Project Area.. .................................................................. A-5 How the Project Area is a Burden on the City .................................................... A-6 A Description of the Physical and Economic Conditions Existing in the Project Area ................................................................................ B-l ... Legal Context of Blight.. ...................................................................................... B-1 Blighting Conditions in the Project Area.. ............................................................ B-2 A Determination as to Whether the Project Area is Predominantly Urbanized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-l A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~........................................ D-l Projected Tax Increment Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-3 Economic Feasibility Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-7 Reasons for the Provisions of Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-7 A Description of the Projects Proposed by the Commission . . . . . . . . . . . E-l A Description of How the Proposed Projects Will Improve and Alleviate Blight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-l 8 This document serves as the Preliminary Report (“Report”) of the proposed Redevelopment Plan (“Plan”) for the South Carlsbad Coastal Redevelopment Project (“Project”). The Carlsbad Housing and Redevelopment Commission (“Commission”) is evaluating the Plan’s merits in addressing and alleviating physical and economic blighting conditions within the proposed South Carlsbad Coastal Redevelopment Project Area (“Project Area”). If adopted, the Plan would establish the 555.5-acre Project Area, which includes properties generally bounded by the Pacific Ocean to the west, Interstate 5 to the east, the Agua Hedonia Lagoon to the north, and the southern City limits to the south. This Report has been prepared in accordance with Section 33000 et sea. of the Health and Safety Code of the State of California (“Redevelopment Law”). Commission approval of this Report .will allow continued discussions with community and governmental agencies in analyzing the merits of this redevelopment proposal. Currently, the Commission is preliminarily outlining: I) The conditions of blight that would qualify the Project Area for redevelopment (as defined by Redevelopment Law); 2) The financial viability of the proposed redevelopment program, and; 3) Proposed redevelopment programs to alleviate blight inthe Project Area. The circulation of this document initiates the next phase of the redevelopment project review and adoption process. Over the next three months, the Commission, City Council, Planning Commission, affected Project Area businesses and property owners, and other governmental agencies will have an opportunity to review and discuss the Plan’s proposed objectives, programs, and projects. Discussions will culminate in a joint public hearing before the Commission and City Council on Project Area property and business owners, community organizations, and other governmental agencies will receive notice of the hearing. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O -I- SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Section 33344.5 of the Law prescribes the contents of this Report. Accordingly, it has been divided into the following sections: Section A: Section B: Section C: Section D: Section E: Section F: The Reasons for the Project Area. A Description of the Physical and Economic Conditions Existing in the Project Area. A Determination as to Whether the Project Area is Predominantly Urbanized. A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment. A Description of the Projects Proposed by the Commission. A Description of How the Proposed Projects Will Improve and Alleviate Blight. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - II - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Reasons lbMekction of theProject Area Redevelopment of the Project Area is desired to enable the Commission to: Facilitate interim improvements at the Encina power generating facility to reduce the 46-year old plants environmental and economic impacts on the community; Accommodate the economically viable redevelopment of the Encina plant into a smaller, more efficient power generating plant; Provide funding for the potential realignment of Carlsbad Boulevard which would yield excess property that could facilitate public recreational facilities and improvements, including the expansion of the Carlsbad State Beach campgrounds, and; Promote the redevelopment of underutilized properties in the Ponto area. This section further details the reasons for selection of the Project Area. The Project Area is located within the City of Carlsbad. The City is located along the Pacific Ocean in North San Diego County, approximately 10 miles south of the Camp Pendelton Marine Corps Base. The City is adjoined by the City of Oceanside to the north, the City of Encinitas to the south, the Pacific Ocean to the west, and the Cities of San Marcos and Vista to the east. As of January 1999, the State Department of Finance estimated the City’s population at 77,600. The 555.5-acre Project Area is generally bounded by the Pacific Ocean to the west, Interstate 5 to the east, the Agua Hedonia Lagoon to the north, and southern City limits to the south. Exhibit A-l illustrates the boundaries of the Project Area; Section C of the Report describes its urbanized character. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4.2000 -A-l - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT II EXHIBIT A-l _L I:- . ” , ‘_ . . ,._ .-: - _,’ ” -- ._ _ ._-- i - 4, -.-;->, -2; . __.. _ ‘-Z 0.’ ,*.. ./s?. :. *~ .,- -_ .-.;- -; I ,_...- , .; ‘.. .._ .--- i _’ . ._ _~. ,&oe .y .,..I :,. .-y _ . . ------ ~‘i-. . i. : ._I.z.:. . . . c(,. ,z,-. -“.:.;z& :.>.*f.? ,F /A;. ‘.,-, ‘b, ,-- 1~ -.-- I .z*2 Project Area Q N lz 03 0 0.5 uilr @QDcSd--- L^-.. South Carlsbad Coastal Redevelopment Project In September 1997, the City of Carlsbad began to identify options for action to eliminate or reduce the environmental impacts of the Encina power plant and to achieve more compatible land uses along its coastline. The Encina power plant, located at Carlsbad Boulevard and Cannon Road, began operation in 1954. The facility was expanded throughout the 1970s and consists of five steam boiler units fired by natural gas and oil, and an on-site combustion turbine. Total generating capacity of the facility is 951 megawatts; such capacity can create enough energy to provide electricity to nearly one million households. In November 1997, San Diego Gas and Electric (SDG&E) announced plans to auction the facility as California prepared to open up its electric utility industry to competition. In May 1999, SDG&E completed the sale of the facility, along with 253 megawatts of combustion turbine facilities to Dynegy Inc. and NRG Energy Inc. The Encina power plant is critical to the provision of power throughout the County, because it is a designated “must-run” facility, meaning that it generates L: energy necessary to support the regional power grid and must generate power regardless of price and other factors. As the region experiences rapid growth, continued operation of Encina and other “must-run” facilities is even more essential to meet increased energy demantiemand for power that has already surpassed 1996 California Energy Commission projections for the year 2040, according to the San Diego Union Tribune. According to the operations vice president at the State’s Independent Systems Operations, a non-profit public corporation which manages and ensures equal electrical flow statewide, the . County’s current energy systems will be unable to deliver power consistently by the year 2004. Among the tactics to expand power generating capabilities are to increase capacity and replace the Encina plant with a more efficient facility. Prior to SDG&E’s transfer of ownership, pollutant byproducts generated by the facility were subject to generally less stringent environmental monitoring than what is permitted today. In general, the Air Pollution Control District (APCD) permitted the plants emissions to be measured in aggregate with other SDG&E facilities countywide. In addition, regulations stemming from the federal Clean Air Act of 1996 call for reduced emissions from power-generating facilities throughout the District. Specifically, these changes require operators of older facilities, like Cabrillo Power (the current operator of the Encina facility) to install emission control equipment that reduces pollutants. Currently, the APCD permits the Encina facility to generate 1,100 tons of emissions annually, whereas a proposed APCD variance would limit these future emissions to 417 tons annually. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 492000 - A-3 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 13 Under the current circumstances, Cabrillo Power will be required to ultimately retrofit all five of the Encina steam boiler units with Selective Catalytic Reduction (SCR) in order to meet the new more stringent APCD air emission standards. The total cost of this project could reach $80 million. Cabrillo Power has undertaken the initial steps for retrofitting Units 4 and 5, the newer and more efficient of the five. These retrofits must be implemented in stages over the next thirty months in order for Cabrillo Power to maintain its air permit. The balance of the project, SCR retrofits for Units 1, 2, and 3, must be completed prior to 2005. While the retrofit project benefits the air quality in the City, the substantial investment required to complete the.project means that Cabrillo Power will need to operate the existing inefficient units for an even longer period in order to recover its invested capital. A more attractive alternative to the extended operation of the older units could be enabled by the proposed redevelopment project. By using the redevelopment project to facilitate the development of new, super-efficient replacement units instead of retrofitting the existing units, not only would the air quality improvements be achieved, but also the process of decommissioning the existing plant would be dramatically accelerated. ._ A replacement facility would be far more efficient than the existing facility is, which is an incentive to Cabrillo Power. A replacement facility would be far more aesthetically and geographically desirable than the.existing facility is, which is an incentive to Carlsbad. By working together through the redevelopment project, Carlsbad and Cabnllo Power can accelerate the replacement of the existing plant with a new facility that is more substantially more desirable to all parties. The cost of the interim improvements could be $80 million, while a new replacement facility could cost $550,000,000, according to the City’s utility consultant. Given the recent purchase of the existing facility, achieving this second alternative could be a hardship on Cabrillo Power for the foreseeable future. As a result, until Cabrillo Power is capable of financing the needed improvements, the City will be burdened by the continued operation of the existing facility. The Commission could both hasten the timing of the plants replacement, while facilitating additional buffering to reduce the aesthetic impacts on surrounding residential and recreational uses through redevelopment. Through a public- private partnership accommodated by redevelopment, the Commission and Cabrillo Power can collectively work together to achieve a better, cleaner facility, more effectively than Cabrillo Power could without redevelopment. Also, redevelopment is sought to accommodate the redevelopment of the Ponto area. Specifically, the Commission aims to: ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMlSSlON FEBRUARY 4,200O -A-4 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT n Alleviate physical and economic blighting conditions; n Ensure the existence of adequate public infrastructure; n Address incompatible land uses, and; n Promote economic development. Predominately commercial and industrial in character, the Ponto area encompasses intermixed residential properties. Industrial businesses not only have a detrimental effect on homes in the area because of traffic, fumes, noise and other impacts, but the presence of residences prevent the area from being developed to its full economic potential. The Commission could potentially provide funds for infrastructure and site improvements; funds may also be used for relocating residents to more suitable housing, concurrent with the provision of affordable housing programs. Revitalization efforts within the Ponto area will include assisting businesses to upgrade their facilities since many appear to be obsolete. These businesses are often comprised of buildings constructed in the 1950s and 1960s that have outlived their economic use. A field inspection of this area identified several industrial businesses operating out of structures designed for single and multi ___,., family residential use. Also, the area is subdivided into smaller parcels (the median lot size of the parcels in the area is less than 8,800 square feet), which is inadequate to accommodate industrial uses. They often lack adequate utilities, outdoor storage, parking, and loading areas as compared to even the most marginal industrial districts. Upgrading the Ponto area will allow for additional services and provide expanded employment opportunities for City residents. Finally, redevelopment may also be used as a potential funding source for the needed Project Area infrastructure improvements, including off site improvements in the vicinity of the Encina plant, Ponto Drive, and Carlsbad Boulevard. The Carlsbad Boulevard project involves relocating the southbound lanes of this roadway eastward, to maximize the amount of public lands available for other uses. Besides improving circulation through the Project Area, this project would also generate remnant properties that may be reused for additional recreational purposes to complement the adjacent Carlsbad State Beach. The Project Area is comprised of 43 parcels that the Commission is seeking to revitalize through a coordinated redevelopment effort. Section B of this Report describes the physical and economic blighting conditions found in the Project ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4.2000 -A-5- SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 15 -. Area. Blighting conditions that will need to be addressed within the Project Area include: 1) 2) 3) 4) Factors hindering the economically viable use of Project Area properties, including obsolete and inefficient power plant facilities and undersized lots under multiple ownership in the Ponto area; Faulty design of structures within the Ponto area that cause residentially- designed buildings to be used for industrial storage and operations; Land use incompatibilities within the Ponto area that constrain development opportunities, and; Impaired investments, due to the mixed character of uses within the Ponto area and economic constraints that prohibit conversion of the Encina power plant to a more efficient facility. The Encina plant is an environmental liability on the City. As one of the older generating plants in the County, continued operation of the existing Encina _.*- facility, even with the interim improvements, will not result in the removal or substantial upgrade of the plants oldest units. As a result, the City’s residents will continue to be subjected to NOx emissions from these obsolete facilities, with only hope that Cabrillo Power can remove these units in the future. In the Ponto area, efforts to rehabilitate properties to make them competitive are limited by the high cost of remodeling and retrofitting existing buildings. It is important to emphasize that the Project Area holds promise as an important resource for the City’s commercial, industrial, and recreational development. Poor economic and physical conditions place a burden on the community by reducing the City’s ability to meet its goal of creating optimal land uses and development. Mitigating these deficiencies will require a highly concerted effort by both the community and private sector. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4.2000 -A-6 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT I6 A Description of the Physical and Economic Conditions Existing in the Project Area The Project Area contains both physical and economic blighting conditions that necessitate the creation of the Project. Conditions in the Project Area include: I) Factors hindering the economically viable use of Project Area properties, including obsolete and inefficient power plant facilities and undersized lots under multiple ownership in the Ponto area; 2) Faulty design of structures within the Ponto area that cause residentially- designed buildings to be used for industrial storage and operations; 3) Land use incompatibilities within the Ponto area that constrain development opportunities, and; 4) Impaired investments, due to the mixed character of uses within the Ponto area and economic constraints that prohibit conversion of the Encina power plant to a more efficient facility. This Section of the Report describes the preliminary findings of blight in the Project Area. Sections 33030 through 33039 of Redevelopment Law describe conditions that constitute blight in a redevelopment project area. A blighted area is one that necessitates the creation of a redevelopment project area, because the combination of conditions in an area constitute a burden on the community, and cannot be alleviated by private enterprise, governmental action, or both. A project area must have both physical and economic blighting conditions, as defined in Section 33031 (a) and (b), respectively: Physical blight includes the following: I) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - B-l - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT I7 2) Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. 3) Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of a project area. 4) The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. Economic blight includes the following: I) Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes. 2) Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. 3) A lack of necessary commercial. facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. 4) Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. 5) A high crime rate that constitutes a serious threat to the public safety and welfare. Section 33030(c) of the Redevelopment Law also states that a blighted area may be one that contains inadequate public improvements, facilities, or utilities when other blighting conditions are present. This section presents a detailed analysis of blighting conditions within the Project Area. The analysis is based upon a series of field inspections of the Project Area, discussions with City officials, Cabrillo Power officials, Project Area property owners and business tenants, and research and analysis of local and regional economic data. Appendix A to this Report includes photographs of some of the conditions in the Project Area. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - B-2 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Encina Power Plant Existing Physical and Economic Condiions As discussed in Section A, the 46 year old Encina power plant will soon be undergoing interim retrofitting to reduce overall emissions to meet Air Pollution Control District (APCD) standards. However, these improvements are not proposed to remove or significantly reconstruct the older, more noxious units at the Encina plant. These units, while used only when peak demand warrants, have surpassed their useful life, and are far less efficient, and are excessively large as compared to modem facilities. When operational, usually during the summer months, pollutants emitted into the air include nitrogen oxides, carbon monoxides, and sulfur dioxides. As demand for power is projected to increase as the County grows, the Encina power plant can be expected to run more frequently and at higher levels than in the past. This operational demand may require Cabrillo Power to utilize the older units more frequently and for a longer duration than SDG&E, particularly if Cabrillo Power is unable to undertake the $550 million investment to replace the fossil fuel facility. The Encina power facility contains 5 main generating units constructed at various ._. times over the past 46 years. These generating units are not efficiently designed, and generate more pollutants than modem generating plants. Indeed, under today’s standards, a generating plant solely relying on the design of the older units could not meet current pollution thresholds. Currently, Cabrillo Power is in the process of installing interim improvements to reduce NOx emissions to new APCD-approved levels. However, unlike newer facilities, retrofitting the Encina plant will cause Cabrillo Power to use more hazardous materials on-site (specifically ammonia) to reduce catalytic emissions. Thus, because of Encina’s obsolete design, more hazardous materials will be needed to operate the plant than needed in newer facilities. How Conditions are a Burden on the Community Encina adjoins residential neighborhoods, beaches, the Agua Hedionda Lagoon that are subjected to both the plants emissions, as well as the units’ aesthetic impacts, as the 200 foot tall facility is clearly visible from single family homes, a public park, and Carlsbad state beach. Encina stores, uses, and releases hazardous materials on-site, in close proximity to environmentally sensitive areas, such as a park, lagoon, state beach, and residential neighborhoods. Also, the plant’s massive size is out of scale with the much lower profile character of the surrounding properties. Replacement of this plant with a smaller, more efficient facility would mitigate these impacts on the community. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - B-3 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Why Conditions Cannot be Alleviated by Private Enterprise or Governmental Action Both the plants operator (Cabrillo Power) and the City share the same long-term desire to convert the Encina power plant to a new, smaller facility that both generates electricity more economically, and does not rely on half-century old generating equipment. However, achieving this objective is constrained by acquisition, operational, and interim catalytic reduction improvement costs that prohibit Cabrillo Power from investing the $550 million needed to construct a new replacement facility. Discussions with Cabrillo Power representatives indicate that these financial constraints inhibit substantial capital investment for at least the next 12 years, assuming the .price of power can then support the needed improvements. By that time, some of the Encina units would be nearly 60 years old. Should the price of energy not generate sufficient capital to invest in a new facility, Cabrillo Power would need to defer construction of a replacement plant indefinitely. Redevelopment can both hasten the development of a new power facility, and accommodate the City’s desires for a less obtrusive plant. Through a joint partnership between the Commission and Cabrillo Power, the Commission can consider providing tax increment revenue to assist Cabrillo Power to underwrite on and off site costs associated with a new facility. Also, the Commission can .: consider assisting with hazardous materials remediation, demolition of existing improvements, and construction of new infrastructure. Existing Physical and Econom’k Conditions The Ponto area comprises approximately 12 acres of the Project Area. Blighting conditions in this area include mixed ownership of lots of irregular shape form and size, incompatible land uses, and impaired investments. These conditions are described below, as well as depicted in the photo survey contained in Appendix A. The Ponto area is a highly subdivided area containing a variety of industrial, storage, and residential uses. The median lot size in this area is less than 8,800 square feet, sufficient for only a single-family use. (Many of these lots were reduced by more than one-third of their original size decades ago when Carlsbad Boulevard was widened.) However, only 5 of the 21 parcels in this area are developed with residential uses. One of the problems of this area is that none of the various uses functions well. For the industrial uses, many are operating out of small buildings on lots subdivided for single-family residential use. Present industrial development standards typically call for lots of at least 40,000 square feet, or four times more than the Ponto area’s subdivision pattern. Other parcels contain storage uses, ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O -B-4- SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 20 both open and enclosed; these uses do not have adequate screening from both nearby residential units and the Carlsbad Boulevard scenic corridor. Residential uses, for which this area was subdivided and designated, are surrounded by these incompatible uses. In total, 81% of the Ponto area contains incompatible uses. In addition, another 8% of the area contains nonconforming industrial uses in this residentially designated area. Table B-l provides a listing of the incompatible uses within the Ponto area. PONTO DRIVE LAND USE BREAKDOWN SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT Parcel Parcel Size (AC.) Parcel Land Use Adjacent Incompatible General Uses Plan Desig. Incompatible Parcels 1 214-160-04 0.24 Industrial Single Family Res. Residential 2 214-160-05 0.17 Single Family Res. Industrial/Self Storage Residential 3 214-160-06 0.15 Industrial Single Family Res. Residential 4 214-160-13 0.97 Kennel Res Lot. Residential 5 214-160-20 0.20 Parking/Storage Res Lot. Residential 6 214-160-24 2.75 Res Lot/Right of Way Industrial/Kennel Residential 7 214-160-25 1.52 Self Storage Single Family Res. Residential _ 8 214-160-27 0.18 Single Family Res. Self Storage Residential 9 214-160-28 0.92 Outdoor Storage Single Family Res. Residential 10 214-160-29 0.91 Industrial Res Lot. Residential I I 214-160-34 0.13 Res. Lot IndustriaUSelf Storage Residential 12 214-160-35 0.14 Single Family Res. Self Storage Residential 13 214-160-36 0.16 Single Family Res. Self Storage Residential 14 214-160-19 0.91 Res. Lot Parking/Storage Residential Total area 9.35 acres 81% of Ponto Dr. parcels Breakdown of Incompatible/Compatible Parcels, by I Incompatible Parcels q Compatible, but Nonconforming q Compatible and Conforming ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - B-5 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Multiple ownership, coupled with the small size of these lots inhibits private redevelopment of this area to remove the incompatible uses. Ownership of the small 12-acre area is split among 12 different property owners; and 8 of the 12 owners own only one parcel. Consolidating these parcels to alleviate the mixed character of the area would be particularly complex and costly, since it is typically more expensive to acquire small parcels, especially when different property owners are involved. Given the constraints of multiple ownership and small lots, it is not surprising that the Ponto area has not yet recycled into a more compatible district. Other problems found in this area include deferred maintenance, as indicated by widespread decay and physical neglect. RSG estimates that 50% of the buildings within the Ponto area were dilapidated or deteriorated. Examples of the physical conditions include a residence at 7204 Ponto Drive, characterized by peeling paint, damaged exterior building materials, a deteriorated roof, and exposed utilities, a aging and weathered industrial structure at 7250 Ponto Drive, and an industrial use at 7200 Ponto Drive, where damaged and rusted corrugated metal fencing are visible from surrounding properties. Many properties lack of adequate spacing for ingress/egress, on site parking, and storage. An example of this deficiency includes the limited width and egress/ingress of the Ponto Drive frontage road. Properties along the road provide limited access points and parking for business patrons and/or employees. Properties that do not have adequate parking for patrons, employees, or residents may experience diminished economic value. Other areas where access is a serious condition include the unimproved right-of-way between the railroad tracks and Ponto Drive. This private right-of-way lacks pavement, drainage and lighting, yet is the only means to access the parcels that do not front Ponto Drive. During rainy weather, the unpaved roadway may prohibit vehicular access. Property owners are discouraged from reinvesting in their properties, due to the mixed character of the area, small lot sizes, and substandard condition of the Ponto area. In other areas where these factors are not present, property owners have an economic incentive to invest in their property-namely to see its value appreciate. However, the Ponto area has not experienced a recycling of obsolete and substandard uses. In order for the area to develop as a residential area (pursuant to its designation under the General Plan), many parcels would need to be consolidated among several owners. Even if one property owner was to upgrade their property, there are no assurances that adjoining property owners will follow suit. As a result, the area continues to decline and property values are impaired. How Conditions are a Burden on the Commun’%y As the Ponto area languishes, residents in the area are subjected to noise, air, and congestion created by incompatible industrial and storage uses. These ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - B-6 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 22 factors diminish its suitability to be used for residential use. Further, industrial businesses in this area would benefit from locating in developments designed to accommodate their needs for parking, storage, and access. Why Conditions Cannot be Alleviated by Private Enterprise or Governmental Action Clearly, the high costs involved in upgrading and rehabilitating existing structures and infrastructure have caused buildings to deteriorate to a state of disrepair. Removing blighting conditions will require a concerted effort by both the community and private sector. Given the fragile economic condition of the businesses and residents in this area, these efforts may include rehabilitation grants and loans. Neither entity acting alone possesses the ability or resources . . . to remediate the blighting conditions of the Ponto area. inadequate Public lmpvements The Project Area is also characterized with substandard public facilities that may be addressed through implementation of a redevelopment program in the Project Area. A listing of the potential public facility/infrastructure projects is included in both the Plan, and Section E herein. Among these improvements is the realignment of Carlsbad Boulevard. This project would, relocate the intersection j of Carlsbad Boulevard and Palomar Airport Road to permit better vehicular circulation through the Project Area. In addition, this project would yield remnant properties adjoining Carlsbad State Beach that may be redeveloped for recreational uses. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - B-7 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 23 ADeterminationastoWhether Area is Predominantly W-banked the Project For all redevelopment project areas established or areas added to project areas after January I, 1994, Section 33320.1 of Redevelopment Law requires these areas to be “predominately urbanized.” This means that no less than 80 percent of land within the project area: I) Has been or is developed for urban uses; 2) Is characterized by the existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership, or; 3) Is an integral part of one or more areas developed for urban uses which are I surrounded or substantially surrounded by parcels which have been or are developed for urban uses. A total of 503.5 acres, or 90.63% of the Project Area, is urbanized. Urbanized areas include 471.24 acres (84.83%) that either have been or are currently developed and 32.46 acres (15.17%) that are integral of an urban area since they are immediately adjoined by developed parcels on at least three sides. Exhibit C-l depicts the location of urbanized and nonurbanized parcels in the Project Area. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - C-l - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT SOUTH CARLSBAO COASTAL REDEVELOPMENT PROJECT URSANIZATION MAP ;g@-i HAS SE34 OR IS OEYELOPED FOR URBAN USES p; .-“:-;j I Project Area Boundar, I 25 A Preliminary Method of Financi Feasibility and Tax Increment Redevelopment of the Project Area is proposed to be financed with the following resources: I) Financial assistance from the City, County, State of California and/or Federal Government; 2) Tax increment revenue; 3) Bonded debt; 4) Proceeds from lease or sale of Commission-owned property; 5) Loans from private financial institutions; and 6) Any other legally available source. The more typical sources of redevelopment financing that may be employed with the Project are described below. Financial Assistance from the City, County, State, and/or the Federal Govemment The Commission may obtain loans and advances from the City for planning, construction, and operating capital for administration of the Project until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. The City may also defer payments on Commission loans for land purchases, benefiting the Commission’s cash flow. Such assistance is anticipated to be employed to meet short-term cash flow needs, as the City’s General Fund cannot carry extensive levels of Commission debt at the risk of threatening the City’s own cash balances. As available, other funds such as state gas tax funds and federal Community Development Block Grants will be appropriately used to pay the costs of Project implementation. The Commission and City will also pursue other available ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4.2000 -D-l - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT grants and loans; additionally, the City or other public agencies may issue bonds on behalf of the Commission and provide in-kind assistance. PIqerty Tax lnc- The Commission may use property tax increment as provided for in Section 33670 of the Redevelopment Law, and is authorized in the Plan to employ tax increment financing to underwrite Project costs. Tax increment revenue may only be used to pay indebtedness incurred by the Commission; indebtedness includes principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by the Commission to finance or refinance, in whole or in part, redevelopment activities. Project tax increment revenues are distributed to address an array of obligations. As required by Section 33334.6 of the Redevelopment Law, twenty percent (20%) of Project tax increment revenue is deposited into the Housing Fund for the purposes of increasing, improving, and preserving the community’s supply of low and moderate income housing. . The remaining 80% of the tax increment revenue will be used to pay for taxing entity obligations, debt service costs, and other program expenditures. Program expenditures include infrastructure, capital facility, and economic development c programs within the Project Area. The Plan would feature specific time limits on the collection of tax increment revenue as required by Redevelopment Law. As stated in the Plan, the Commission may collect tax increment revenue for a period of 45 years following adoption of the ordinance adopting the Plan. Assuming the Plan is adopted during fiscal year 1999-00, the Commission would receive Project Area tax increment revenue through fiscal year 204445. Under the Plan, the Commission would have a capacity to issue bonds and/or notes for any of its corporate purposes, payable in whole or in part from tax increment revenue. Many redevelopment agencies in the state employ bond financing as an integral component of their overall redevelopment-financing program. The Plan permits the Commission the ability to incur debt during the first 20 years of the Plan, and establishes a $100 million cumulative limit on the amount of bonded debt principal which may be outstanding at any one time. The Commission may sell, lease, or otherwise encumber its property holdings to pay the costs of Project implementation. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4.2000 - D-2 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Participation in v If the Commission enters into agreements with property owners, tenants, and/or other developers that provide for revenues to be paid or repaid to the Commission, such revenues may be used to pay Project implementation costs. OtherAvallabieSources Any other loans, grants, or financial assistance from the federal government, or any other public or private source will be utilized, as available and appropriate. The Commission will also consider use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Redevelopment Law to provide construction funds for appropriate projects. Where feasible and appropriate, the Commission may use assessment district and/or Mello-Roos bond financing to pay for the costs of public infrastructure, facilities, and operations. The primary source of project financing is anticipated to be tax increment revenue. Table D-l presents preliminary forecast of Project tax increment revenues, based on several assumptions noted below: I) leee-oe Base Year value: Assuming the Plan is adopted prior to July 20, 2000, the Project will collect tax increment revenues from increases in the Project Area assessed value over fiscal year 1999-00. In January 2000, the County Auditor-Controller delivered a report of the estimated base year value of the Project Area. The County’s base year report estimated the total Project Area’s base year value is $305,431,594. 2) Assessed Value Growth Rates: RSG conservatively applied a 2% annual growth rate to forecast future assessed value increases in future years. In addition, as noted below, the projections incorporate specific development assumptions that further increase the Project Area’s projected tax increment revenues. 3) Development Assumptions: RSG incorporated various development assumptions into the revenue forecast. Since specific development proposals are not in place at this time, actual project scope and timing may vary significantly from what is included in this forecast. The specific projects included in the development assumptions are noted below: n Encina power plant improvements: The development assumptions assume that the sale of the Encina plant sold in 1999 will increase the its assessed value by approximately $25 million (from is current estimated ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - D-3 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT value of $275 million to $300 million); this sale is assumed to be reflected on the 2000-01 assessment roll. In addition, RSG has assumed that $20 million of interim improvements to reduce catalytic emissions would be completed and applied to the 2002-03 assessment roll. Finally, the assumptions anticipate the full decommissioning and reconstruction of a smaller, more efficient 2.3 billion kilowatt facility east of the Encina facility on Cannon Road. It has been assumed that this facility, which would increase the plant’s assessed value to $550 million (or by $230 million), will be completed and applied to the assessment roll beginning in fiscal year 2013-14. n Other development assumptions: RSG also estimated the potential increases in assessed value that could be experienced upon the hypothetical redevelopment of vacant and underutilized parcels within the Project Area. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O -D-4- SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT SOUTHCARLSBADCOASTALREDEVELOPMENTPROJECT FiscalYear Secured Local Potential New Incremental Gross statutory Housing Redevelopment Cumulative Growth Assessed Value Value Tax Tax. Ag. Fund Fund(Net) NetRedev. Rate Value Increment Payments Fund BY 1999-00 1 2000-01 2 2001-02 3 2002-03 4 2003-04 5 2004-05 6 2005-06 7 200807 8 2007-08 9 2008-09 10 2009-10 11 2010-11 12 2011-12 13 2012-13 14 2013-14 15 2014-15 20 2019-20 16 2015-16 17 2016-17 18 2017-18 19 2018-19 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 305,431.594 311540,226 25,000,OOO 343,271,030 9,100.000 359.4180451 30,700.000 397.920,820 405,879,236 5,300.000 419,402,821 4279790,878 33,000,000 470,006,695 479.408,829 48,400,OOO 538,362,966 46,939,438 489,394 93,879 93.879 848686,857 846,869 169,374 169.374 92,489,226 924,892 184,978 184,978 105,747,642 1,057,476 211,495 211,495 281.637 508,121 554,935 634,486 281,837 789,758 1,344,693 1,979,179 113,971,227 1,139,712 227,942 227,942 883,827 2,663,006 155,359,284 1,553,593 310,719 310,719 932.156 3,595,162 184,575,101 1,645,751 329,150 329.150 987,451 4582,813 222.375,235 28223.752 444,750 444,750 1,334.251 5,918,864 232,931,372 2,329,314 465,863 465,863 19397,588 7,314,452 549,130,225 243,698,831 2,436,986 487,397 487,397 10462,192 8n776.644 580,112,829 254,681,235 2546,812 527,813 509,382 1.509,637 10.286,281 571.315,088 265,883.492 2,658,835 569,038 531,787 1558,030 11.844.311 582,741,388 279,100,OOO 558,409.794 5,564,098 1,638,174 1,112,820 2,813,104 14.657.415 879,078,215 573646.821 5,738.466 1,701,608 1,147,293 2,887,587 170544,982 896,659,760 914,592,975 9320884,835 951,542,532 970,573,382 591,228,186 665,141,788 5,912,282 8,851,418 1,786,308 2,038,308 1,182,458 1,330,284 2.983,519 3,282,826 20.508,502 609,161.381 33.152,943 8,091.814 1,832,300 1,218,323 3,040,991 23,549,493 827,453,241 6,274,532 1,899,614 1,254,906 3,120,012 26,869,504 648,110,938 6,461,lOB 1,988,275 1,292,222 3,200,613 29.870,117 21 2020-21 22 2021-22 2022-23 24 2023-24 25 2024-25 26 2025-28 27 2028-27 28 2027-28 29 2028-29 30 2029-30 31 2030-31 32 2031-32 33 2032-33 34 2033-34 35 2034-35 36 2035-36 37 2038-37 38 2037-38 39 2038-39 40 2039-40 41 2040-41 42 2041-42 43 2042-43 44 2043-44 2.0% 989,984,850 2.0% 1,009.784,547 2.0% 1.029.980,238 2.0% 1.050,579.843 2.0% 1.071.591,439 2.0% 1,093,023,268 2.0% 1,114,883,734 2.0% 1.137.181.408 2.0% 1,159,925,036 2.0% 1,183,123,537 2.0% 1,206,786,008 2.0% 1.230,921.728 2.0% 1.255,540,163 2.0% 1,280,650,986 2.0% 1,306,263,985 2.0% 1,332,389,285 2.0% 1,359,037,050 2.0% 1,386,217,791 2.0% 1.413,942,147 2.0% 1,442,220,990 2.0% 1.471,065,410 2.0% 1.500.488.718 2.0% 1.530,496,452 2.0% 1,561,108.381 684,553,256 6,845,533 2,109,742 1,389,107 3,366,884 36,519,627 704,352.953 7.043,530 2,182,605 1,408,708 3,452,218 39,971.848 724,548,644 7.245.486 2,258,925 1,449,097 3,539,464 43,511,309 745,148,249 7.451,482 2,332,732 1,490,298 3,628,454 47,139,764 766,159,845 7.861,598 2,410,055 1,532,320 39719,224 50.858,988 787.5919674 7,875,917 2,488,924 1,575,183 3,811,810 54,870,798 809.452,140 88094,521 2,569.370 1,618,904 3.906,247 58,577,045 831,749,814 8,317,498 2,651,428 1,683,500 4,002,573 82,579,617 854,493,442 8,544,934 2,735,122 1,708,987 4,100,825 66,680,443 877.891,943 8,776,919 2,820,493 1,755,384 4,201,043 70,881,486 901,354,414 9,013,544 2,907,571 1,802,709 4,303,285 75,184,750 925,490,134 9,254,901 3,023,422 1,850,980 4,380,499 79,565,250 950,108,569 9,501,086 3,141,590 1.900,217 48459,278 84,024,528 975,219,372 9.752,194 3,262.122 1,950.439 4,539,833 88,584,180 1,000.832,391 10,008,324 3,385,065 2,001.665 4,621.594 93.1%5,755 1.028,957,671 10,269,577 3,510,466 2,053,915 4,705,195 97,890,950 1.053.805,458 10,536,055 3,838,376 2,107.211 4,790,486 102,681.418 1,080,788,197 10.807,862 3,768,643 2,161,572 49877,448 107,558,864 1,108,510,553 11,085,108 3,901,920 2,217,021 4,968,164 112,525.029 1,136,789,398 11,367,894 4,037.858 2,273,579 5,056,657 117,581,885 1,185,633,818 11,656,338 4,176,112 2,331.268 5,148,959 122,730.644 1,195,055,124 11,950,551 4,317.334 2,390,l IO 5,243,107 127,973,751 1.225,084,858 12,250,649 4,481.381 2,450,130 5,339,138 133,312.889 1,255,674,787 12.556,748 4,608,308 2,511,350 5,437.090 138.749,979 45 2044-45 2.0% 1,592,328.509 1.286.896.915 12.888.969 4.758.175 2.5733794 5,537.OOl 144.286,980 CumulativeTotal 303,262,123 98,322,718 60,652,425 144,286,980 NetPresentValue(7%) 54.637,153 18,065,884 10,927,431 273644,038 Over the 45year period within which the Commission may collect tax increment revenue, RSG’s estimates that approximately $303 million of gross tax increment ROSENOWSPEVACEKGROUP,INC. CARLSBADHOUSINGANDREDEVELOPMENTCOMMISSION FEBRUARY4.2000 -D-5- SOUTHCARLSBADCOASTALREDEVELOPMENTPROJECT PRELIMINARYREPORT revenue could be generated by the Project Area. Of this amount, 20%, or $61 million, would be deposited to the Commission’s Housing Fund, and the remaining 80%, or $242 million, would be available to the Nonhousing Fund. The Commission would be required to share a portion (projected to be approximately $98 million) of its Nonhousing Fund revenues with the affected taxing agencies pursuant to Sections 33607.5 of the Redevelopment Law (“Statutory Payments”). These Statutory Payments would start in the first fiscal year the Commission would receive tax increment revenue from the Project Area (assumed to be fiscal year 2001-02). According to Section 33607.5 of the Law, beginning in the payment first year, the . Statutory Payments are equal to 25% of the Project’s annual nonhousing tax increment revenue in excess of amounts received in the prior year. These Statutory Payments are subject to two subsequent increases. The first increase in Statutory Payments would take effect in the payment eleventh year, when the Commission would be required to pay 21% of the incremental increase in nonhousing tax increment revenues exceeding amounts in the tenth payment year. The Law further provides for a second increase in the Statutory Payments that commences in the thirty-first payment year of 14% of the incremental increase in nonhousing tax increment revenues in excess of the thirtieth year. In total, the Commission will share approximately 32% of its Nonhousing Fund revenues with the affected taxing agencies. The actual amount of the Statutory Payments will vary based on the amount of tax increment revenues collected by the Commission each year. A forecast of Statutory Payments has been included on Table D-l. Should actual tax increment revenues exceed or fall below these projections, actual Statutory Payments would be higher or lower. Each taxing agency is entitled to their respective share of the Statutory Payment. All agencies receive their share of the Statutory Payments, except for the City of Carlsbad, which, by Section 33607.5, is only entitled to its share of the first 25% of the Statutory Payments. The following is a list of affected taxing agencies in the Project Area, according to the County’s January 2000 base year report: 1) 2) 3) 4) 5) 6) San Diego County General Fund Greater San Diego County Resource Conservation Carlsbad Unified Schools Mira Costa Community College County Schools Educational Revenue Augmentation Fund ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - D-6 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 7) City of Carlsbad 6) Tri-City Hospital a) Leucadia County Water District IO) Municipal Water District I I) County Water Authority Section E of this Report includes a preliminary list of potential infrastructure/public facility projects in the Plan and other potential programs proposed by the Commission. The total estimated cost of these projects and programs is approximately $205 million, including direct project costs and financing costs. RSG projects that the Commission will have approximately $205 million of housing ($61 million) and nonhousing ($144 million) tax increment revenues available to fund these activities. Should tax increment revenues fall below or exceed projections, the Commission will alter implementation activities accordingly. Due to the lack of available private and public resources for redevelopment, the Agency will primarily rely on tax increment revenue to finance Project Area improvements. As discussed in Section B of this Report, Cabrillo Power has indicated that they do not have the resources to construct a new replacement power plant for at least the next 12 years. If the price of power does not escalate per Cabrillo Powers forecasts, the amount of capital funding could be reduced, and these improvements could be further delayed. Property owners in the Ponto area face different financial constraints. Due to the area’s mixed character and preponderance of undersized lots under multiple ownership, Ponto area property owners do not have a financial incentive for redeveloping their properties. Given the substandard condition of the area, there is no realistic expectation that Ponto property values can support the substantial reinvestment needed without infusion of additional capital from outside the area. Finally, {he City itself cannot underwrite the $205 million of redevelopment and housing needs in the Project Area. Currently, the City does not have funding in its capital improvement program to meet the proposed infrastructure projects for the Project Area, including the potential realignment of Carlsbad Boulevard. Increasing resources within this area through a special assessment district would only burden property owners, residents and businesses with improvements that ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - D-7 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT they currently are unable to afford. Consequently, tax increment revenue will be an essential funding source for redevelopment activities. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - D-8 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 33 A Description uf the Projects Proposed by the Commission This Plan provides a list of infrastructure and public facilities projects, which could be implemented by the Commission. Additionally, the Commission will also employ resources to fund a variety of affordable housing, commercial rehabilitation, and economic development activities. A preliminary list of the redevelopment projects and programs anticipated by the Commission is provided as Table E-l. As stated in Section D of this Report, the Project will allow the Commission to fund redevelopment implementation initiatives through project generated tax increment revenue. This revenue may be allocated to: I) Public Infrastructure and Facilities Improvements - $72 million 2) Commercial Rehabilitation and Economic Development Initiatives - $72 million 3) Housing Programs - $61 million Fund allocation to public infrastructure and facility improvement programs could be used to supplement City Capital Improvement Program funding and improve street, storm, drain, and sewer infrastructure within the Project Area. Furthermore, fund allocation for commercial rehabilitation and economic development incentives could result in high and best uses for Project Area properties and businesses. The Commission will allocate 20 percent of the project generated tax increment revenue to those activities that increase and improve the community’s supply of affordable housing. Redevelopment Law allows the Commission to expend these funds both inside and outside the Project Area. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSfNG AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - E-l - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Table E-l: 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. 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 Drive/Carlsbad Boulevard Frontaqe Roads: Construct curbs, gutters, sidewalks, and street lights. 4. Poinsettia Drive: Widen road and bridge from Carlsbad Boulevard to Avenida Encinas. 5. Waterline Upsizing: Upsize approximately 560 feet of 6-inch waterline on Avenida Encinas near Cannon Road. 6. Waterline Replacement: Replace approximately 2,500 feet of IO-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. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O - E-2 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT A Description of How the Proposed Projects Will Improve and Akviate Blight Implementation of the Plan will allow the Commission to undertake a comprehensive redevelopment program. The authorities and provision of the . Plan have been developed to permit the Commission to enact redevelopment projects that target blighting conditions in the Project Area. The Commission will work with property and business owners to design and implement specific redevelopment initiatives. w Infrastructure and Public Facilities Improvements. Traffic and circulation .improvements include those that have been identified in various City commissioned studies. Plan implementation will necessitate additional studies to identify additional infrastructure improvement needs. n Community Development Proiects and Proarams. These activities are designed to address blighting conditions by assisting business and property owners with rehabilitation, expansion, or acquisition activities. The Commission proposes to provide funds to assist in land acquisition and on- and off-site infrastructure improvements. As existing structures age, the Commission proposes to provide assistance over the life of the Plan to facilitate their rehabilitation. Such programs will enable the Commission to redevelop substandard properties in a manner consistent with the General Plan. These programs will allow the Commission to facilitate viable development of local and regional serving facilities in the Project Area. n Housinq/Low and Moderate Income Assistance. Housing fund expenditures will assist the City in implementing the goals and programs set forth in the Commission’s Affordable Housing Compliance Plan and Housing Element of the City’s General Plan. Proposed affordable housing activities will enhance housing opportunities for very low, low, and moderate income households. ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 402000 - F-l - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT 3 6 PhotoSurvey ROSENOW SPEVACEK GROUP, INC. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FEBRUARY 4,200O SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PRELIMINARY REPORT Ponto Dr. Photo 1 - APN: 214-160-21 Example of open storage, typical of the Ponto Dr. area. This condition is among those that cause incompatibilities between residential and industrial uses. Photo 2 - APN: 214-160-28 The corroded and damaged screening on this Ponto Drive parcel is visible from adjacent residential and nonresidential parcels. Note the unpaved street and lack of drainage facilities. Photo 3 - APN: 214-160-17 Inadequate access and incompatible uses are representative of the Ponto Dr. area. This residence abuts a dirt roadway that provides acdess to a kennel and industrial uses. The road may be inaccessible during rainy weather. - -._ Photo 4 and 5 - APN: 214-160-29 This older industrial use is typical of the Ponto area. The property Iacks screened storage area for paved parking and access to public right of way. Photo 6 - APN: 214-160-24 This photo exemplifies small lots and incompatible uses along Ponto Dr. On the left, three residences are adjacent to an upholstery shop and kennel; to the right, uses include a warehouse and storage facility. Photo 7 - APN: 214-160-11 Exposed utilities and deteriorated building materials provide a potential fire hazard to this residence structure on Ponto Drive. It appears to be used by an industrial business. Photo 8 - APN: Adiacent to 214-160-24,214-160-25, and 214-160-27 Ponto Dr. presents the following safety hazards: inadequate parking, restricted accessibility, and deficient drainage facilities. Photo 9 - APN: This photograph shows a residential property converted to a service industrial use. The front yard has been completely paved to provide a limited amount of parking and loading area. Encina Power Plant Photo 10 - APN: 210-010-36 The Encina Power Plant consists of five generation facilities; of these units, three are obsolete. Obsolescence requires these units to expend twice the amount of energy to generate the same amount of power as their modern day counterparts. Photo 11 - APN: 210-010-36 Photograph of Encina plant, with a public park in the foreground. Relocating the power plant away from the park and other environmentally sensitive areas could result if the Agency and Cabrillo can work together on constructing a smaller, replacement plant. 43 : EXHIBIT 3 t t : I: y’:” :’ ’ ‘;;::i( ,$iil’ I)? -‘Ijfj$ 2: ;I I_ “~~&^~“‘yi’ .I:.,:: “‘F’.:, :‘,A$ :_ p1 I< &Jz ‘$ri’ I y- >,I,,, _< I ,,. ,j ‘I:($$.,, ‘t’j “>i ‘” ,), .‘,p ‘, ,: :’ ‘rii I:,’ _, A 4f~ : i :~~~~~~~ ,, j;, :: ‘. I *,; j,, _; ( ,i,,, f$!&J&?i:i~ Draft Redevelopment Plan . Preparedfor: Cwlsbad Housing and Redevelopment Commiwion 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 TABLE OF CONTENTS SECTION I. (100) INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*.. 1 A. General . . . . . . . . . . . . . . ..*......*..................*..................................*................................ 1 SECTION II. (200) GENERAL DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. 1 SECTION III. (300) PROJECT AREA BOUNDARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION IV. WV REDEVELOPMENT PLAN GOALS .a........................................ 3 SECTION V. (500) REDEVELOPMENT ACTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 iF c: E: Fi H: I. J. F.- General ............................................................................................................. .3 Property Acquisition.. ...................................................................................... .5 Participation by Owners and Persons Engaged in Business ............................. 6 Implementing Rules .......................................................................................... 7 Cooperation with Public Bodies ...................................................................... .7 Property Management ....................................................................................... Payments to Taxing Agencies .......................................................................... ii 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 E Nonconforming Uses ...................................................................................... 16 E: Interim Uses.. ................................................................................................. .16 General Controls and Limitations.. ................................................................ .17 E. Design for Development ................................................................................. 19 Building Permits ............................................................................................. 19 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ................... .20 General Description of the Proposed Financing Methods .............................. Tax Increment Revenue .................................................................................. ;i Commission Bonds ......................................................................................... Other Loans and Grants.. ................................................................................ 2 Rehabilitation Loans, Grants, and Rebates ..................................................... 22 SECTION VIII. (800) ACTIONS BY THE CITY .......................................................... 22 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT.. ...................... .23 45 SECTION X. (1000) PLAN LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. B. ;: Amount of Bonded Indebtedness Outstanding At Any One Time.. .............. .24 Time Frame to Incur Indebtedness ................................................................. 24 Duration of this Plan ....................................................................................... Time Frame to Collect Tax Increment Revenue ............................................. ;: SECTION XI. (1100) PROCEDURE FOR AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 EXHIBITS A. Project Area Map of the South Carlsbad Coastal Redevelopment Project B. Legal Description of the Project Area Boundaries C. Listing of the Proposed Projects, Public Facilities and Infrastructure Improvements D. Diagram of Permitted Land Uses 46 - 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 1 loo), 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 II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. “Annual Work Program” means that portion of the Commission’s annual budget that sets forth programs and goals to be accomplished by the Commission during the fiscal year. B. “City” means the City of Carlsbad, California. C. “City Council” means the legislative body of the City. D. “Commission” means the Carlsbad Housing and Redevelopment Commission. E. “County” means the County of San Diego, California. F. “Disposition and Development Agreement” means an agreement between a developer and the Commission that sets forth terms and conditions for improvement and redevelopment. Carlsbad Housing and Redevelopment Commission February 4,200O South Car&bad Coastal Redevelopment Project 1 Draft Redevelopment Plan q-1 G. H. I. J. K. L. M. N. 0. P. Q- R. S. “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. adopting this Plan. adopted on “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. “Person” means an individual(s), or any public or private entities. “Plan” means the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. “Project” means the South Carlsbad Coastal Redevelopment Project. “Project Area” means the South Carlsbad Coastal Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. “Redevelopment Law” means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. “State” means the State of California. “State Law” means an enactment of State of California, and includes such regulations as have the force of law. SECTION III. (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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 2 Draft Redevelopment Plan SECTION IV. (400) REDEVELOPMENT PLAN GOALS This Plan is intended to achieve the following goals: l Eliminating blight and environmental deficiencies in the Project Area. l Assembling of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. . l Replanning, redesigning, and developing properties which are stagnant or improperly utilized. l Increasing, improving, and preserving the community’s supply of housing affordable to very low, low, and moderate income households. l Developing new beach and coastal recreational opportunities. l Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. l Funding the Carlsbad Boulevard realignment which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities, and/or development of cultural facilities or other public facilities. l Retaining as many existing businesses as possible by means of redevelopment and rehabilitation activities. l Enhancing commercial and recreational functions in the Project Area. l Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment, and economic growth. l Increasing parking and open spaces amenities. l Implementing performance criteria to assure quality site design environmental standards to provide unity and integrity to the entire Project Area development. SECTION V. (500) REDEVELOPMENT ACTIONS A. (50 1) General Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 9,200O 3 Draft Redevelopment Plan 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. 11. The acquisition, installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities, buildings, structures, parks, playgrounds, and other public improvements/public facilities. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and improvements. The rehabilitation, development, preservation, provision, or construction of affordable housing in compliance with State Law. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to persons engaged in business desiring to remain or relocate within the redeveloped Project Area. Providing relocation assistance to displaced residential and nonresidential _ occupants in accordance with applicable State Law. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. The acquisition of real property, personal property, any interest in property, and improvements on the property by purchase, lease, option, grant, bequest, gift, devise, or any other 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. 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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 9,200O 4 Draft Redevelopment Plan - -- 12. 13. 14. 15. 16. 17. 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 Acauisition 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, modemization 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, 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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 5 Draft Redevelopment Plan 53 - 2. (504) Acquisition of Personal Property, Any Other Interest in Real Proper&, or Anv 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. 2. (507) Reentrv 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 Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 6 Draft Redevelopment Plan 5s 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. 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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 7 Draft Redevelopment Plan 53 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 11) 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. H. (5 13) Relocation of Persons Displaced by a Project 1. (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 Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 8 Draft Redevelopment Plan 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. (5 15) Relocation Benefits and Assistance The Commission shall provide all relocation benefits required by law and in conformance with the Relocation Rules, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. I. (5 16) Demolition, Clearance, Public 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; Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 9 Draft Redevelopment Plan 5 5 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. J. (521) Rehabilitation, Moving of Structures by the Commission and Seismic Repairs 1. (522) Rehabiiitation 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 Carlsbad Housing and Redevelopment Commission South Carlsbdd Coastal Redevelopment Project February 4,200O 10 Draft Redevelopment Plan 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. 2. (523) Moving of Structures As necessary in carrying out this Plan, the Commission is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired. Carlsbad Housing and Redevelopment Commksion South Carlsbad Coastal Redevelopment Project February 4,200O 11 Draft Redevelopment Plan 57 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 February 4,200O 12 Draft Redevelopment Plan s-8 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 February 4,200O 13 Draft Redevelopment Plan 54 - b. (528) Purchase and Development Documents 2. 3. w-9 Personal Propertv Disposition 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. 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. (530) Prevention of Discrimination a. (5 3 1) Redevelopment Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 14 Draft Redevelopment Plan Lo 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 3343533436), 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: Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 15 Draft Redevelopment Plan 61 “That there shall be no discrimination against or segregation of any person or group of persons. on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him or her, establish or permit any such practice or. practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” In contracts, the following language shall appear: “There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.” 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. A diagram of current permitted uses is presented on Exhibit D. B. (602) Public Uses 1. (603) Public Street Layout, Rights-of-Way and Easements Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 16 Draft Redevelopment Plan 62 The public street system and street layout for the Project Area is illustrated on the Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the General Plan, and all other state and local codes, guidelines, or master or specific plans as they now exist or are hereafter amended. Certain streets and rights-of-way may be widened, altered, realigned, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Commission and City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (604) Other Public and Open Space Uses Both within and, where appropriate, outside of the Project Area, the Commission may take actions to establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses 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) Nonconformina 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 Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 17 Draft Redevelopment Plan La 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 all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. 1. (608) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to the City land use regulations and requirements in the Project Area, additional specific performance and development standards may be adopted by the Commission to control and direct improvement activities in the Project Area. 2. (609) Rehabilitation Any existing structure within the Project Area which the Commission enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in accordance with the applicable law and in such a manner that it will meet the following requirements: be safe and sound in all . physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (6 10) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of this Plan, there are 9 dwelling units in the Project Area. 4. (611) Open Space and Landscaping Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 18 Draft Redevelopment Plan Q-l 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. 5. (612) Limitations on Tyne, 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. 6. (613) Signs All signs shall conform to the requirements of the City. Design of all proposed new signs shall be subject to the review of the City and the procedures of this Plan. 7. (6 14) Utilities The Commission, in conformity with municipal code, and City policies, shall require that all utilities be placed underground whenever physically possible and economically feasible on projects funded in whole or in part by the Commission or subject to a Disposition and Development Agreement or an Owner Participation Agreement. 8. (6 15) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re-subdivided without the approval of the City. 9. (6 16) Variations The Commission is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Commission must determine all of the following: 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. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 19 Draft Redevelopment Plan d5 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. (617) Design for Development Within the< limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 607 herein, the Commission is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No 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 6 16 of this Plan. G. (6 18) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Commission, any restrictions or controls established by resolution of the Commission, and any applicable participation or other agreements. Carlsbad Housing and Redevelopment Commiwion South Carlsbad Coastal Redevelopment Project February 4,200O 20 Draft Redevelopment Plan LA -_ SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (70 1) 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 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 , 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 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 South Car&bad Coastal Redevelopment Project February 4,200O 21 Draft Redevelopment Plan 2. 3. levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Commission to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Commission to finance or refinance, in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes 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. . . 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. C. (703) Commission Bonds The Commission is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 22 Dra@ Redevelopment Plan b8 - 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 tilfillment 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 Car&bad Coastal Redevelopment Project February 4,200O 23 Draft Redevelopment Plan 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 administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of 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 February 4,200O 24 Draft Redevelopment Plan P SECTION X. (1000) PLAN LIMITATIONS The following financial and time limitations shall apply to this Plan: A. (100 1) 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 fulfil1 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. (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 33413, Carlsbad Housing and Redevelopment Commission South Carlsbad Coastal Redevelopment Project February 4,200O 25 Draft Redevelopment Plan --I\ including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. 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 February 4,200O 26 Draft Redevelopment Plan 7 2 EXHIBIT A PROJECT AREA MAP OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT 7 3 South Carlsbad Coastal Redevelopment Project Project Area N 7”1 05 0 o.swlu @=-Cq*- -- EXHIBIT B LEGAL DESCRIPTION OF THE PROJECT AREA BOUNDARIES 15 CITY OF CARLSBAD SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT LEGAL DESCRIPTION . 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 *.. (1) (2) (3) (4) (5) (6) (7) (8) 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 S20”27’52”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 SOo”O9’24”W, 110.33 FEET; THENCE LEAVING SAID SECTION LINE SO4”41’37”E, 913.85 FEETTO THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE ALONG SAID EASTERLY LINE S17”30’37”E, 2,303.09 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,350.OO 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 (9) 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’OO”W, 132.63 FEET FROM THE NORTHEASTERLY CORNER OF SAID LbT 10; THENCE (10) ALONG SAID NORTHERLY LINE OF LOT 10 AND ITS WESTERLY PROLONGATION S66”46’OO”W, TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE (11) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID ORDINARY HIGH TIDE 14,OOO.OO FEET MORE OR_ LESS TO THE SOUTHERLY LINE OF LOT 24 OF THE POINSETTIA BEACH, UNIT NO. 1 AS PER MAP NO. 3897, RECORDS OF SAN DIEGO COUNTY; THENCE (12) ALONG SAID SOUTHERLY LINE N59”21’1O”E, 192.27 FEET TO THE WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE; THENCE (13) ALONG SAID WESTERLY LINE N30”38’5O”W, 3,531.15 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 5,298.13 FEET; THENCE (14) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00”33’37”, AN ARC DISTANCE OF 51.80 FEET TO THE NORTH LINE OF THE TIERRA DEL OR0 SUBDIVISION AS PER MAP NO. 3052, RECORDS OF SAN DIEGO COUNTY; THENCE (15) ALONG SAID NORTHERLY LINE S65”54’1O”W, 291.21 FEET TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE (16) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID ORDINARY HIGH TIDE, 2,530 FEET MORE OR LESS TO A POINT ON A LINE THAT IS S65”17’4O”W, 94.54 FEET AND PERPENDICULAR TO THE WESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE (17) ALONG SAID PERPENDICULAR LINE N65”17’4O”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 HAVING A RADIUS OF 4,950.OO FEET; THENCE 2 (18) (1% (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12”10’30”, AN ARC DISTANCE OF 1,051.84 FEET TO A TANGENT LINE; THENCE CONTINUING ALONG SAID WESTERLY LINE AND TANGENT LINE N36”57’3O”W, 727.67 FEET TO THE NORTHERLY LINE OF LOT H OF THE RANCH0 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, S30”49’1O”E, 237.58 FEET; THENCE S76”47’10”E, 93 1.69 FEET; THENCE S29”17’1O”E, l,lOO.OO 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: N60”48’0O”E, 13.61 FEET; THENCE N29”53’0O”E, 35.00 FEET; THENCE N41”25’OO”E, 63.50 FEET; THENCE N69”48’0O”E, 39.00 FEET; THENCE N72”42’0O”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 3 (33) (34) (3% (36) (37) (38) (39 WV (41) (42) (43) (44) 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 SOUTFiiYESTERLY 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”29’22”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 ALONG SAID LINE AND SOUTHERLY LINE OF CANNON ROAD S67”31’14”W, 285 FEET MORE OR LESS TO AN ANGLE THEREON; THENCE 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”24’41”W, 251.13, FEET TO THE EASTERLY LINE OF AVENIDA ENCINAS, 70.00 FEET WIDE; THENCE TRAVERSING ACROSS SAID AVENIDA ENCINAS S67”29’3l”W, 70.46 FEET TO THE WESTERLY LINE OF SAID STREET; THENCE S67”29’31”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’=29’31”W, 100.00 FEET TO THE WESTERLY LINE OF SAID RIGHT OF WAY; THENCE 4 -_ (45) ALONG SAID WESTERLY RIGHT OF WAY S22”30’29”E, 3,900.OO FEET MORE OR LESS TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, VARIABLE WIDTH; THENCE (46) ALONG SAeID SOUTHERLY LINE N66%4’37”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) (47) S11”49’19”W, 68.46 FEET; THENCE (48) S10”54’3O”W, 110.29 FEET; THENCE . - (49) S07”37’57”E, 204.32 FEET; THENCE (50) S17”30’33”E, 305.67 FEET; THENCE (51) S24”44’16”E, 2,154.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5,080.OO FEET; THENCE (52) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03”42’23”, AN ARC DISTANCE OF 328.62 FEET TO A POINT ON A NON- TANGENT LINE; THENCE (53) ALONG SAID NON-TANGENT LINE S24”26’19”E, 342.37 FEET; THENCE (54) S63”49’4O”E, 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.OO 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. 269?, 2758 2867, 3212, 3371, 4064, Ahm 6347 RECORDS OF SAN DIEGO COUNTY. CONTAINING: 555.5 ACRES MORE OR LESS. Doe: 99031.LEG 11/02/W 6 EXHIBIT C LISTING OF THE PROPOSED PROJECTS, PUBLIC FACILITIES, AND INFRASTRUCTURE IMPROVEMENTS - EXHIBIT C -._ LISTING OF THE PROPOSED PROJECTS, PUBLIC FACILITIES, AND INFRASTRUCTURE IMPROVEMENTS PROPOSED PROJECTS AND PROGRAMS Housing Programs Increase and improve the community’s supply of affordable housing for very low, low, and moderate income households. Projects include, but are not limited to, the following: 1. Citywide Housing Programs: The 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 followlng: 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 En&as. 3. Ponto Drive/Carlsbad Boulevard Frontane Roads: Construct curbs, gutters, sidewalks, and street lights. 4. . Poinsettia Drive: Widen road and bridge from Carlsbad Boulevard to Avenida Encinas. 5. Waterline Upsizing: Upsize approximately 560 feet of 6-inch waterline on Avenida Encinas near Cannon Road. 6. Waterline Replacement: Replace approximately 2,500 feet of IO-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 Cultural and/or Recreational Facilities 2. Public Safety Facilities 3. Public Works Facilities . Commercial Rehabilitation and Economic Development Programs Implement projects that result in the redevelopment of obsolete structures, cleanup contaminated properties, consolidate irregular lots under mixed ownership, and facilitate development of modem industrial, commercial, and utility facilities. 83 EXHIBIT D DIAGRAM OF PERMITTED LAND USES SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PERMITTED LAND USES OS open space RMH R,*k!nr&, Uedlwl? Hlph Dmrily TR TR”d RKIWllD”ll u UtlUM I Project Area Boundary