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
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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;
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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,
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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they currently are unable to afford. Consequently, tax increment revenue will be
an essential funding source for redevelopment activities.
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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.
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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.
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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.
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3 6
PhotoSurvey
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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.
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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
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redeveloped area, if they otherwise meet the requirements prescribed by this Plan
and the Commission’s rules governing owner participation and re-entry.
3. (508) Owner Participation 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.
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Property of a public body shall not be acquired without its consent in accordance with
State Law. The Commission shall seek the cooperation of all public bodies which own or
intend to acquire property in the Project Area.
The Commission may impose on all public bodies the planning and design controls
contained in and authorized by this Plan to ensure that present uses and any future
development by public bodies will conform to the requirements of this Plan. The
Commission is authorized, to the extent permissible by law, to financially (and otherwise)
assist public bodies in the cost of public land, buildings, facilities, structures or other
improvements (within or outside the Project Area) where such land, buildings, facilities,
structures, or other improvements are of benefit to the Project Area.
F. (5 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
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guidelines adopted and promulgated by the California Department of Housing and
Community Development (“Relocation Guidelines”) and the Rules and
Regulations for Implementation of the California Relocation Assistance Law
(“Relocation Rules”) adopted by the 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;
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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
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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.
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3. (524) Seismic Repairs
For any project undertaken by the Commission within the Project Area for
building rehabilitation or alteration in construction, the Commission may, by
following all applicable procedures which are consistent with local, State, and
federal law, take those actions which the Commission determines are necessary to
provide for seismic retrofits.
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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.
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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
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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:
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“That there shall be no discrimination against or segregation of any
person or group of persons. on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of the premises herein leased nor shall the lessee
himself, or any person claiming under or through him or her,
establish or permit any such practice or. practices of discrimination
or segregation with reference to the selection, location, number,
use, or occupancy, of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased.”
In contracts, the following language shall appear:
“There shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the land, nor shall the transferee itself or any person claiming under
or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land.”
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
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The public street system and street layout for the Project Area is illustrated on the
Map identified as Exhibit A. The street system in the Project Area shall be
developed in accordance with the General Plan, and all other state and local codes,
guidelines, or master or specific plans as they now exist or are hereafter amended.
Certain streets and rights-of-way may be widened, altered, realigned, abandoned,
vacated, or closed by the City as necessary for proper development of the Project
Area. Additional easements may be created by the Commission and City in the
Project Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian
traffic as well as for public improvements, public and private utilities, and
activities typically found in public rights-of-way. In addition, all necessary
easements for public uses, public facilities, and public utilities may be retained or
created.
2. (604) Other Public and Open Space Uses
Both within and, where appropriate, outside of the Project Area, the Commission
may take actions to establish, or enlarge public, institutional, or non-profit uses,
including, but not limited to, schools, community centers, auditorium and civic
center facilities, criminal justice facilities, park and recreational facilities, parking
facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic
and charitable institutions or other similar associations or organizations. All such
uses 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
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Pending the ultimate development of land by developers and participants, the
Commission is authorized to use or permit the use of any land in the Project Area for
interim uses. Such interim use, however, shall conform to General Plan and zoning
ordinance, and all other state and local building codes, guidelines, or specific plans as
they now 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
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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.
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b. There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do
not apply generally to other properties having the same standards,
restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the public
welfare or injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this
Plan.
No such variation shall be granted other than a minor departure from the
provisions of this Plan. In permitting any such variation, the Commission shall
impose such conditions as are necessary to protect the public health, safety, or
welfare, and to assure compliance with the purposes of this Plan.
F. (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
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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
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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