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HomeMy WebLinkAbout2002-07-09; Housing & Redevelopment Commission; 348; Village Redevelopment Implementation PlanHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL I rB# 348 m: VILLAGE REDEVELOPMENT IMPLEMENTATION PLAN ITG. 7-9-02 PROGRESS REPORT FOR 2000 and 2001 IEPT. HlRED CITY MGR. ?-4 RECOMMENDED ACTION: That the Housing and Redevelopment Commission accept a staff presentation on the Redevelopment lmplementation Plan Progress Report for the past two year period beginning January 1, 2000 and ending December 31, 2001, and set the public hearing to consider public comments on the progress report and redevelopment strategies for August 6, 2002. ITEM EXPLANATION: Effective January 1, 1994, Redevelopment Law was amended to add Section 33490 to the Health and Safety Code. This section requires all Redevelopment Agencies to produce implementation plans every five years that identify the goals and objectives for the Village Redevelopment Area, as well as anticipated projects, programs and related expenditures of tax increment funds. On December 14, 1999, the second Five Year Redevelopment lmplementation Plan was adopted for the Carlsbad Village Redevelopment Area. Between two and three years after adoption of an lmplemenfation Plan, the regulations require that the Redevelopment Agency review its progress to date and hold a public hearing to review the Redevelopment Plan and the last lmplementation Plan. Consequently, staff has prepared a progress report on activities within the Village Redevelopment Area since adoption of the Redevelopment Plan in 1981, including programs and projects specific to the last lmplemenfation Plan approved for 2000-2004. The original Redevelopment Plan and the noted Progress Reporl for 2000 and 2007 are attached for Housing and Redevelopment Commission for information purposes and public review at this time. The Commission will be asked to set the public hearing to receive public testimony on the progress report for August 6, 2002. The Five Year lmplemenfation Plan for the period beginning January 1,2000 and ending December 31, 2004 summarizes the Agency's goals and objectives for the subject period as well as identifies anticipated programs, including potential projects, and expenditures of tax increment funds and the same as those set forth within the Village Master Plan and Design Manual. The goals are to 1) Low/Moderate Income Housing Set-Aside Funds. The primary goals for the noted five year period are establish Carlsbad Village as a quality shopping, working and living environment; 2) improve pedestrian and vehicular circulation in the Village; 3) stimulate property improvements and new development in the Village; 4) improve the physical appearance of the Village; and 5) provide signage which is supportive of commercial vitality and a unique Village image. The programs for action and expenditures include: 1) continued facilitation of new commercial development in the Village; 2) study of a Parking and Business Improvement District; 3) development of a Master Plan for the Village Transportation Corridor; 4) land use feasibility study for Oak Street Yard; 5) continued implementation of Facade Improvement and Signage Funding Program; 6) new street furniture, landscape planters and other public improvement enhancements; 7) Village Public Relations Campaign to encourage pedestrian activity; 8) continued processing of redevelopment permits for additional affordable housing units within the community. private development projects; and, 9) financial and processing assistance for the development of The report below summarizes the progress that was made during calendar years 2000 and 2001 in addressing the programs set forth in the lmplementation Plan. I Page 2 of AB #A8 Villaqe Redevelopment Implementation Plan Prowess Report The Village Redevelopment lmplementation Plan Progress Report was prepared to highlight the programs, projects and/or activities completed by the Redevelopment Agency during the period beginning January 1, 2000 and ending December 31, 2001. The expenditures made by the Redevelopment Agency during the subject period were all consistent with the 2000-2004 lmplementation Plan. The Agency was successful in completing the following projects which were set forth in the previously approved lmplementation Plan: Consultant hired to develop conceptual plans for Specialty Commercial/Mixed-Use Project near Village Commuter Rail Station (northwest corner of Grand Avenue and State Street). Process completed for considering implementation of a Business Improvement District in the Village. Effort discontinued due to lack of support from businesses. New landscape planters, benches, and trash cans purchased and installed in Village as part of ongoing Village Area Beautification Program; currently working on purchase of new banners. Provided Facade Improvement and Signage Grants to eleven (1 1) property/business owners. Developed and implemented a public relations campaign to encourage the general public to utilize the free public parking lots available in the Village Area. Campaign included brochures, maps, and keychains. Developed and distributed a Carlsbad Village Business Resource Directory and New Business Information Packets. Assisted with financing of Laurel Tree affordable housing project (138 units) and Agency repaid loan from the City that was used for purchase of Tyler Court Senior Apartments. Since the Village Redevelopment Area was established in 1981, the area has experienced very successful revitalization and redevelopment through both public and private projects. There have been numerous public projects completed which have enhanced the area and the Agency has worked, and continues to work, with private property owners and/or developers interested in constructing new projects within the Village Area. Over the next two and a half years, the Redevelopment Agency will continue to invest in projects which will eliminate, or facilitate the elimination of, blighting conditions or influences in the Village Redevelopment Project Area and/or create affordable housing opportunities both inside and outside the Village Redevelopment Area. In an effort to be slightly more accurate in the anticipated expenditures for the five year period of the amended to reflect a decrease in expenditures from $13,866,090 to $13,482,870. The summary plan, staff is recommending that the expenditure summary for 2000-2004 Implementation Plan be included within the attached progress report has also been amended to better reflect the anticipated expenditures per noted project. Staff Recommendation Staff is requesting that the Housing and Redevelopment Commission accept the presentation from staff on the subject redevelopment implementation progress report and set a public hearing for August 6, 2002 to accept public testimony on the progress report and to consider any proposed changes to the goals and objectives or programs for implementation during the next two years. FISCAL IMPACT The 2000-2004 Village Redevelopment Implementation Plan identifies programs, activities, and funds, including housing set-aside funds, over the 5 year period of the plan. This expenditure of funds potential projects which would result in the expenditure of an estimated $13.8 million in tax increment includes the annual Tax Allocation Bond payment of approximately $ 1 million per year and full expenditure of existing and new funds available within the Low and Moderate Income Housing Set- Aside Fund. Staff has proposed an amended expenditure summary which would reduce the total amount by approximately $400,000 to reflect more accurate actual costs. The new proposed total expenditure is estimated at $13.4 million for the five year period of the plan. 2 Page 3 of AB #348 EXHIBITS: 1. Village Redevelopment Project Area Implementation Plan Progress Report for 2000 and 2001 2. Village Area Redevelopment Plan (adopted 1981) . Within its 2000-2004 Implementation Plan, the Carlsbad Redevelopment Agency identified a variety of programs and projects to be fhded during the subject five year period. The following provides a report on the success of the Agency in implementing the identified projects and/or programs from January 1,2000 through December 3 1,2001. A. Prooertv Acquisition 81 Market Anahrsis for Commercial Develooment Proiects Suecialty Commercial Center near Village Commuter Rail Station (Grand Avenue and State Street: A consultant has been hired to develop conceptual plans for a new specialty commercial project near the Commuter Rail Station that would include a mix of retail, restaurant and ofice space and possibly residential units. By encouraging new commercial development within the area of the Commuter Rail Station, the Redevelopment Agency hopes to motivate other property owners within this area to rehabilitate or redevelop their properties. Once the conceptual plans are complete, staff will meet with appropriate property owners to discuss public/private partnership@) and/or pursue acquisition of remaining property for development purposes. Commercial Center at Roosevelt Street and Carlsbad Villaae Drive: The Carlsbad Redevelopment Agency intends to initiate plans to facilitate the development of a commercial mixed-use project at or near the intersection of Roosevelt Street and Carlsbad Village Drive. The feasibility of incorporating a parking structure will also be considered. No progress has been made on this project to date. It will be given further consideration during the second half of the Implementation Plan period. B. Comorehensive StudvPlans for Land Use. Desien Standards. Public Imorovement Enbancemenb and Develooment Stratedes Parking and Business Improvement District @BID): -Staff completed a public outreach program to provide information to the business community on the costs and benefits asspciated with the formation of a Parking and Business Improvement District within the Village Redevelopment Area and ascertain the level of support from local business and property owners for implementation. A three-phase public outreach process was undertaken to inform and accept feedback from local business and property owners with the goal of creating consensus among the business community. Based on the feedback 4 received during an informational workshop (Workshop I), fram a survey questionnaire, and during a subsequent interactive workshop (Workshop n), staff ascertained that there was not adequate support among business and property owners to proceed with the formation of a PBID within the Village Redevelopment Area. Although there remain small clusters of business owners in different areas of the retail core that support the formation of a PBID, the results of the public outreach program reflect a lack of majority support in a contiguous area large enough to financially support a viable disGct. Based on the information received, the Housing & Redevelopment Commission took action to discontinue any further efforts to proceed with the formation of a Parking and Business Improvement District. a Study on Street Lighting within the Village and Surrounding Areas: The Public Works Department is taking the lead on this project. A consultant has been hired and a study has been initiated to determine where 'additional streetlights are needed throughout the Village Redevelopment Area. a Reuse Feasibility Studv for Oak Avenue Public Works Yard A consultant completed a I study of the property in 2001 and prepared a report on potential uses of the site. A team of city staff will identify one or two possible uses to pursue further. C. Facade Improvement and Signage Assistance Program The.Facade Improvement and Signage Assistance.Program was established in January 1996. The Redevelopment Agency has continued to provide financial assistance in an effort to eliminate blighting conditions created through deteriorated buildings and outdatedinappropriate signage within the Village Redevelopment Project Area. The Agency has provided grants for facade improvements and new signage, including design costs. Since the inception of the program, twenty-one business and property owners received assistance totaling more than $100,000. Staff is recommending that this program be terminated at the end of fiscal year 2001-2002 and the funding be reallocated to other programs/projects. D. Village Area Beautification Program The Agency focused on improving the streetscape of the downtown area by initiating the Village Beautification Program. The program was set up as a collaborative effort on the part of the Agency, the City Public Works Department, and the property and business owners within the project area. The purpose of the program is to enhance the Village area through: 1) the establishment of a routine streethidewalk cleaning program, 2) increased planting of flowers, shrubs, and trees along the streets, and 3) the purchase and installation of additional or replacement street furniture. Replacement of street furniture is completed on a continual basis as needed. Plants and shrubs within the sidewalk planters and street medians are replaced seasonally. The street and sidewalk-cleaning program has not been implemented on a comprehensive scale to date. Staff, however, has successfully implemented a pilot program to test a process for the cleaning of the sidewalks while maintaining compliance with storm water management regulations which will be incorporated into an ongoing program. E. Village Public Parking Enhancement Program Staff has been working in cooperation with North County Transit District to identify potential opportunities for construction of a new parking structure. Agency staff is also currently 5 Undeaaking a program to encourage better utilization of all public parking lots located within the Village Redevelopment Area by initiating activities to evaluate the impediments to full utilization and to develop a work plan to correct deficiencies or enhance amenities such as lighting or signage. F. Village Public Relations CamDab Agency staff developed and implemented a public relations campaign as {art of the comprehensive Village Parking Program approved in 1999. The campaign incorporated public infornational tools to encourage the general public to utilize the fiee public parking lots available in the Village. Informational brochures were produced for shoppers identifying the public parking opportunities in the Village. The brochures were distributed to the merchants along with brochure stands, posters and key chains. Additionally, Agency staff developed the Carlsbad Village Business Resource Directory and~New Business Packets. The Carlsbad Village Business Resource Directory includes useful information regarding who does what in the Village, trash collection, recycling, street sweeping, awnings and signs as well as helpful telephone numbers. The New Business Packets provides a wealth of information on private and/or non-profit assistance to new businesses as well as public resources that can be helpful and useful to new businesses locating in the area. G. Village Sidewalk Reconstrnction Proieet Public Works completed a site investigation, prioritizing -sidewalk improvements based on immediate safety needs (Le., trip hazards) and long term needs (i.e., drainage and pedestrian access). Staff continues to assess additional needs for improvements. Immediate safety needs have been addressed. Presently, the long-term sidewalk construction project has been put on hold and the funds have been reallocated to other existing programs/projects. H. Affordable Housine Promms 81 Proiects The Laurel Tree project, producing 138 affordable housing units, was completed and fully leased up in 2000. This project was partially funded with Agency LowMod funds. In addition, the Agency repaid a loan from the City of Carlsbad that was used for the acquisition of Tyler Court Apartments. The Tyler Court units will remain affordable in perpetuity to very-low and ex!xemely-low income seniors. Staff continues to identie and map out potential properties that are available and appropriate for purchase as affordable housing sites for utilizing funds in this Implementation Plan period. I. Tax Allocation Bond Pavments and General Administration of RedeveloDment Agency In addition to the above projects, the Redevelopment Agency has conhued to make its annual payments on the previously issued Tax Allocation Bonds and fund general operations of the Redevelopment Agency. The total funding expended for bond payments and general operations of the Redevelopment Agency during the two-year review period of the 2000- 2004 Village Redevelopment Implementation Plan was approximately $3,029,000. 6 EXPENDITURE SUMMARY . The following is a comparison of expenditures outlined in the 2000-2004 Implementution Plan to the expenditures made to date. Proposed Expendihues Actual Expenditures Projeet/Activity 01/01/00 - 12Lil/Ol oYO1nOOO - 12/31/2004 I I Property Acquisition & Market Analysis for Commercial Facade Improvements & Signage Design Assistance Village Public Parking Village Public Relations Vie Sidewalk Reconstruction Project, or other lic improvements within the Tax Alloc&on Bond Payments $3,270,082 $13,866,090 TOTAL and General Administration $3,029,000 $8,000,000 7 The Agency expended a total of $3,270,082 between 2000-2002 based on fiscal year reporting. All expenditures of the Agency were consistent with the approved Implementation Plan as noted above. 8 AMENDED EXPENDITURE SUMMARY The following represents a revised expenditure summary for the 2000-2004 Implementation Plan. ~~~ ~ ~ Property Acquisition & Market Analysis for Commercial Development Projects within Facade Improvements & Signage Design cation Program - Street Affordable Housing Programs & Projects, $8,000,000 TOTAL $13,482,870 9 Within the 2000-2004 Village Implementation Plan, it was indicated that the Agency would participate in the production of a total of 253 units of newly const~cted affordable housing units. To date, as noted previously, the Agency financially assisted with the construction of 138 new units of affordable housing. It was also indicated that the Agency would assist in the acquisition and rehabiiitation of 100 existing housing units for affordable housing purposes. To date due to limited resources and property availability, the Agency was able to acquire only 75 units of senior housing for affordable housing purposes. Rehabilitation of these units will be considered for funding qier the next Implementation Plan period. During the reporting period, a decision was made to focus the Agency’s Low and ,Moderate Income Housing Fund on projects, which resulted in the provision of new affordable housing opportunities through new construction or acquisition. Other funds will be identified and utilized for the “silent second” loan program, rental assistance and single family or rental rehabilitation noted within the Implementation Program. During the reporting period of 2000-2002, there were no residential units developed by the Agency or privately developed (or substantially rehabilitated) with the Village Redevelopment Area Therefore, there is no redevelopment inclusionary housing obligation to report or satisfy. In addition, there were no dwellig units destroyed or removed from the low and moderate income housing market as part of a redevelopment project subject to a written agreement with the Redevelopment Agency. Therefore, there is no need for the Redevelopment Agency to provide for replacement housing. As a side note, the City of Carlsbad has experienced great success in working with local housing developers to produce affordable housing opportunities over the last seven (7) years. To date, the City has approved inclusionary housing projects throughout the community that will provide for a total of 1,623 affordable housing units for lower income households. The City has seen the following units constructed 718 family apartments (Vila bma, Laurel Tree, Rancho Carrillo, Poinsettia Properties and Vista Las Flores), 132 for-sale townhomes (Cheny Tree and Serrano), 96 second dwelling units, and five single family homes (Calavera Hills) in addition to purchasing 75 senior apartment units (Tyler Court). Additionally, there are 50 units of affordable family apartments currently under construction (Sunny Creek). SuflflW Deteriorating downtown areas are often trouble spots for cities. These. areas often require. more public services such as public safety, public works and other public assistance than the tax revenue produced in the area can fund. In other words, a deteriorating downtown is a financial drain on the rest of the community. Deterioration, if not arrested, tends to expand, thereby potentially affecting the health, welfare and safety of those. living, shopping and doing business on the outskirts of the area. As declining atas are improved and the causes of blight eliminated, the entire community benefits through the creation of new or restored homes, prospering businesses, more attractive public areas and renewal of civic pride. As a result of the positive environment created through redevelopment activities in the downtown Village area of Carlsbad, seedy bars and rundown establishments have been replaced by a boutique assortment of appealing shops and restaurants. Carlsbad Inn, Tamarack Beach Resort and Village Faire provide excellent examples of positive private investment that occurred during the first 9 to 10 years (1981 - 1990) of redevelopment. This investment was a result of a renewed interest and faith in the Village Area. This confidence in the future mess of the Village Area is further demonstrated through new construction and substantial rehabilitation projects that have been completed since 1990. The foklowing provides a list of some of the new construction and rehabilitation projects completed within thevillage during the past 10 years: evelopment benefits of New Proiects in Villapee: Gametowne Retail Building Fish House Vera Crnz Restaurant Commuter Rail Station Blockbuster Retail Parker Medical Office Unocal Gas Station and Car Wash Carlsbad By the Sea Lutheran Home - Professional Care Facility Escroi Transfers Office Building Substantial Rehabilitation in Villa@: Ka’Fana Coffee House Pizza Port Restaurant Boar Cross’n Bar Starbuck Coffee House a Beach Sleep Furniture Retail Building Art & Antique Mall Carlsbad Physical Therapy Vigilucci’s Ristorante Tiberius Antro Restaurant 11 Long-time business owners have expressed great pleasure with the influx of tourists and shoppers and the return of residents who had once abandoned the area for shopping malls. Visitors to the area often comment on the quaint, small town atmosphere of the Village Area The Village Area has enjoyed a resurrection of its charm and original character as a result of focused redevelopment activities over many years, including the last five years. In addition to the redevelopment activities noted above for revitalization of the area, another very key benefit to redevelopment is affordable housing. Redevelopment Law requires that 20% of tax increment revenue be set-aside for the specific purpose of providing affordable housing within the community. As noted, the Redevelopment Agency has used its housing set-aside funds during the reporting period of 2000-2002 to. assist in the construction of 138 new affordable housing units and the acquisition of 75 senior apartment units. These efforts have greatly increased the affordable housing opportunities for vety-low and extremely low-income households in Carlsbad. - The Village Redevelopment Program is anchored by a concept of public/private joint participation where private investment in improving and upgrading existing buildings provides increased property tax revenues to fund the public participation. The Carlsbad Redevelopment Agency utilizes these tax increment fun& to finance projects that eliminate blight and have a public benefit (including providing affordable housing). To date, the Village Redevelopment Area has experienced very successful revitalization and redevelopment through both public and private projects. Over the next three years, the Redevelopment Agency will continue to invest in projects that will eliminate, or facilitate the elimination, of blighting conditions or influences in the Village Redevelopment Area The Agency will also continue to encourage new development of both commercial and affordable housing projects as well as substantial rehabilitation projects. 12 CARLSBAD VI LUGE AREA REDEVELOPMENT PLAN EXHIBIT 2 APRI L, 1981 CITY OF CARLSBAD CALIFORNIA P CITY OF CARLSBAD , CITY COPTNCIL/HOUSING & REDEVELOPMENT COMMISSION Packard, Ronald Mayor/Chairman Casler, Mary Vice-Mayor/Vice-Chairwoman Lewis, Bud Councilman/Member Anear, Girard Councilman/Member Kulchin, Ann Councilwoman/Member Frank Aleshire City ManagertExecutive Director Vincent Biondo City AttorneylCommission Counsel CITY PLANNING COMMISSION Mary Marcus, Chairwoman Jerry Rombotis, Member Lt. Col. E. H. Jose, Jr., Member Vernon Farrow, Jr., Member Clarence Schlehuber, Member Stephen L'Heureux, Member CARLSBAD HOUSING & REDEVELOPMENT ADVISORY COMMITTEE Chriss, Kenneth, Chairman Hall, Matt, Vice-chairman Carney, Eva, Member Helton, Claude "Red", Member Sanchez, Roy, Member Runzo, Frankie Gene, Member Ward, Roy, Member Morales, Laura, Member Hayes, Thelma, Member CARLSBAD VILLAGE AREA REDEVELOPMENT PLAN CONTENTS PART I. 11. 111. IV . V. VI. VI1 . VIII. PAGE - LEGAL DESCRIPTION . . . . . . . . . . . . . . . PREFACE . . . . . . . . . . , . . . . . . . . . . INTRODUCTION. . . . . . . . . . . . . . . . . . . DEFINITIONS & DESCRIPTION . . . . . . . . . . . . PERMITTED USES 6r CONTROLS . . . . . . . . . . . . PROPOSED REDEVELOPMENT AGENCY ACTIONS . . . . . . METHODS OF FINANCING. . . . . . . . . . . . , . . PROPOSED CITY ACTIONS . . . . . . . . . . . . . . PLAN ADMINISTRATION . . . . . . . . . . . . . . . 1 1 3 5 8 15 25 29 30 LEGAL DESCRIPTION All those portions of the City of Carlsbad, County of San Diego, State of California described as follows: BEGINNING at the most Westerly corner of Lot 58 of Granville Park No. 2, according to Map thereof No. 2037 filed in the Office of the County Recorder of San Diego County, June 18, 1927; thence along the Northwesterly, Northerly and Northeasterly line of said Map 2037 to the most Easterly Lot 133, Easterly to the most Westerly corner of Lot 174 of said Map corner of Lot 133 of said Map 2037: thence leaving the boundary of said 2037; thence continuing Easterly along the Southerly line of said Lot 174, 20.00 feet more or less, to the Easterly line of the State Highway (Carlsbad Boulevard) as granted to the State of California in Book 266, Page 240 of Official Records; thence Northeasterly along the Easterly Highway (Carlsbad Bou1evard)as granted to the State of California in line of said State Highway and along the Easterly line of the State Northwesterly corner of land described in deed to McMahan Furniture Co., deed recorded in Book 316, Page 309, of Official Records to the most being also a point of intersection between the Easterly line of said a California corporation, recorded January 3, 1975 as File No. 75-001664, wide, as shown on the records of the County Assessor of said San Diego State Highway and the Southwesterly line of State Street, 60.00 feet County; thence Northeasterly, radially from said Southwesterly line of State Street to a point on the Northeasterly line of said State Street, being also a point in the boundary of land described in Parcel 7 in deed to the State of California recorded August 19, 1974 as File No. 74- 223647: thence Southeasterly along the Northeasterly line of said State Street to a point in the Northerly line of Lot 19 of Seaside Lands, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921, thence Easterly along said Northerly line to the Northeast corner of said Lot 19, being also a point in the Easterly line of land described in deed to R.R. Robinson, Westerly boundary of said Robinson's land North 0°03'00" East to the et ux, recorded July 6, 1972 as File No. 174347; thence along the Northwest corner thereof; thence South 89°50'00" East along the Northerly line of said Robinson's land and its Easterly prolongation to Map thereof No. 2492, filed in the Office of the County Recorder of San the most Westerly corner of Lot 1 of Buena Vista Gardens, according to Diego County, August 4, 1948, thence along the boundary of said Lot 1, South 56°57'40" East, 89.97 feet and South 77O39'00" East to a line drawn parallel with and 90.00 feet Westerly of the West line of a 40.00 foot easement for private road as shown on said map 2492; thence Southerly along said parallel line and its Southerly prolongation to a point on the Souther- ly line of Laguna Drive as shown on Map of Seaside Lands No. 1722, being also a point in the Northerly line of Lot 20 of said Seaside Lands: thence South 89°50'00" East along the Southerly line of said Laguna Drive to the most Easterly corner of Lot 46 of said Seaside Lands: thence continuing South 89°50'00" East along the Southerly line of said Laguna Drive to a point on the Northeasterly line of Fourth Street (Jefferson i ZO of the County Recorder of San Diego County March 1, 1915; thence Southerly Street) as shown on Map of Carlsbad Lands, Map 1661; filed in the office and Southeasterly along said Northeasterly line to the most Westerly corner of Lot 1 of Schell and Sites Addition to Carlsbad, according to Map thereof No. 2145, filed in the office of the County Recorder of San Diego County, February 20, 1929; thence continuing Southeasterly along said Easterly line of Fourth Street to the most Westerly corner of Lot 14 of said Map 2145; thence Northeasterly to the most Northerly of Lot 20 of said Map 2145; thence Northeasterly to the most Northerly corner of said Lot 14; thence Southeasterly to the most Westerly corner Easterly corner of said Lot 26; thence Northeasterly to the most Souther- corner of Lot 26 of said Map 2145; thence Southeasterly to the most Easterly corner of Lot 31 of said Map 2145; thence Northwesterly to the ly corner of Lot 27 of said Map 2145; thence Northeasterly to the most Northeast corner of said Lot 31, being also an angle point in the Westerly boundary of land described in deed to W. Joseph Parisi, et ux, recorded November 10, 1969 as File No. 205432; thence Northerly along said Westerly boundary and its Northerly prolongation, 330 feet to the Northerly line of Tract 117 of said Carlsbad Lands, according to Map thereof No. 1661; thence Easterly along said Northerly line to an inter- section with the Southwesterly line of California State Highway XI-SD- 2B; thence Southeasterly along said Southwesterly line of the State Highway to the most Easterly corner of Parcel 1 of Parcel Map 1311 filed in the Office of the County Recorder of San Diego County, February 16, 1973, being a portion of said Tract 117; thence along the Southeasterly boundary of said Parcel 1 South 48O22'27" East 26.59 feet to an angle point in said Southeasterly boundary of said Parcel 1; thence continuing Southeasterly along said Southwesterly line of the State Highway to the Northeast corner of land described in deed to the State of California recorded February 16, 1968, as File No. 27350; thence along the North- westerly line of said State of California Land, Southwesterly to an Aguilar Soto, an unmarried woman, recorded June 3, 1968 as File No. intersection with the East line of land described in deed to Vera in the Northerly line of that portion of Oak Avenue as vacated and 92031; thence Northwesterly along said East line 10.00 feet to a point closed to public use; thence Southwesterly along said Northerly line to a point in the Westerly line of land described in Parcel I1 of Judge- ment of Final Distribution on Waiver of Accounting in the Estate of Darrell Alexander Welch, also known as Darrell A. Welch, deceased, Superior Case No. PN 1232, a copy of which was recorded May 5, 1975 as File No. 75-106699; thence Southwesterly in a straight line to the most Northerly corner of Lot 17 in Block 58 of Town of Carlsbad, according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1895; thence along the Northwesterly line of said Lot 17 and its Southwesterly prolongation, to the most Westerly corner of Lot 17 in Block 40 of said Map 775; thence South- easterly along the Southwesterly line of said Lot 17 Block 40, and its Southeasterly prolongation to the most Westerly corner of Lot 17 in Block 42 of said Map 775; thence Southwesterly along the Southwesterly prolongation of the Northwekterly line of said Lot 17, Block 42 to a point of intersection with the Northeasterly line of Lot 8 of Industrial Tract, according to Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923, thence along said Northeasterly line, Southeasterly to the most Easterly corner of said Lot 8; thence Southwesterly along the Southeasterly line of said Lot 8 and its Southwesterly prolongation to its intersection with the South- westerly line of the Atcheson Topeka and Santa Fe Railway Right of Way, ii 21 t thence Northwesterly along said Southwesterly line to an intersection with the Northeasterly prolongation of the Southeast line of Block 16 of Town of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1880, thence Southwesterly along said Southeast line and its Northeasterly prolongation to the most Southerly corner of the Northeast half of the Southeast half of said BlocR 16; thence Northwesterly along the Southwesterly corner of said Northeast half of the Southeast half of said Block 16; line of said Northeast half of the Southeast half to the most Westerly of said Block 16 to the Northwest corner of the Southeast half of said thence Southwesterly along the Northwesterly line of the Southeast half Block 16; thence Southeasterly along the Southwest line of said Southeast half of Block 16 to the most Southerly corner of said Southeast half; Block 16 for an intersection with the Northwesterly prolongation of the thence Northeasterly along the Southeast line of said Southeast half of Northeasterly line of the Westerly 150.00 feet of Block 17 of said Map 535; thence Southeasterly along said Northwesterly prolongation and said Northeasterly line to the m0s.t Easterly corner of the Northwesterly 100.00 feet of said Westerly 150.00 feet of Block 17; thence Southwesterly along the Southeasterly line of said Northwesterly 100.00 feet and its Southwesterly prolongation to a point in the Southwesterly line of North- east 150.00 feet of Block 18 said point being the most Southerly corner of as File No. 75-193415; thence Southeasterly along the Southeasterly land described in deed to John W. Rodgers, et al, recorded July 24, 1975 prolongation of the Southwesterly line of Rodger's land to an angle point in the Northerly Boundary of Tract 100 of Carlsbad Lands, Map 1661, being also a point on the Northwesterly boundary of land described in Parcel 1 in deed to Thelma B. Williams, et al, recorded March 9, 1964 as File No. 43082; thence along the boundary of said Parcel 1 of said Williams deed Southwesterly 31.50 feet to the most Westerly corner thereof and South- easterly 64.00 feet to the most Easterly corner of Parcel 2 of said Williams deed; thence leaving the boundary of said Parcel 1 and along the boundary of said Parcel 2, Southwesterly 148.50 feet to an angle point in the Southerly boundary of Tract 100 of said Map 1661; thence Southeasterly along said Southerly boundary of said Tract 100 to its most Southerly corner, thence Southeasterly in a straight line to the most Northerly corner of Block 20 in said Map 535; thence South 34°33'00" East.along the Northeasterly line and the Southeasterly prolongation of the North- easterly line of said Block 20, 140.00 feet to the most Northeasterly corner of land described in deed to Ciebis Properties, a partnership, boundary of said Ciebis' land as follows: recorded September 12, 1977 as File No. 77-371495; thence along the thereof; thence South 55O27'00" West, 60.00 feet; thence South 34O33'00" Southeasterly 53.00 feet, more or less, to the most Easterly corner Northerly corner of land described in deed to Ciebis Properties, a East, 7.00 feet; thence South 55O27'00" West 60.00 feet to the most . leaving the Ciebis land first above described and along the boundary of partnership, recorded September 12, 1977 as File No. 77-371497; thence the Ciebis' land last described above, as follows: Southeasterly along the Northeasterly line thereof, 210.00 feet to the most Easterly corner thereof; thence South 55°27'00" West, 128.59 feet to the beginning of a tangent 10.00 fook radius curve, concave Northerly, thence Southwesterly Westerly and Northwesterly along said curve through boundary of said Ciebis' land Northwesterly in a straight line to the a central angle of 90° an arc distance of 15.71 feet; thence leaving the ". .. iii 2s most Southerly corner of land described in deed to the State of California boundary of said State of California land North 30'39'55'' West, 301.73 recorded August 25, 1967 as File No. 128584; thence along the Westerly of said State of California land Northerly in a straight line to the feet to the Northwesterly corner thereof; thence leaving the boundary most Southerly corner of Tract 94 of Carlsbad Lands, Map 1661; thence Northeasterly along the Southerly line of said Tract 94 to the most Easterly of the Town of Carlsbad, Map 535; thence Northwesterly along the North- corner of said Tract 94, being also the most Easterly corner of Block 13 easterly line of said Block 13 to the most Northerly corner of said Block 13; thence Northwesterly in a straight line to the most Easterly corner of Block 8 of said Town of Carlsbad, according to said Map 535; thence Northwesterly along the Northeasterly line of said Block 8 to the most Northerly corner thereof; thence continuing Northwesterly in a thence Northwesterly along the Northeasterly line of said Block 7 to the straight line to the most Easterly corner of Block 7 of said Map 535; most Northerly corner thereof; thence continuing Northwesterly in a straight line to the most Easterly corner of Lot 86 of said Granville Park No. 2, according to said Map No. 2037; thence continuing North- westerly along the Northeasterly lines of Lots 86, 87, 88, 89, 90, 91, 92, 93 and 94; thence continuing Northwesterly in a straight line across Lots 95, 96 and 97 to a point on the Westerly prolongation of the Northerly line of Cypress Avenue as shown on said Map No. 2037; thence along said Westerly prolongation to the Southerly line of Del Mar Avenue as shown on said Map No. 2037; thence Westerly along said Southerly line to a point in the Southwesterly line of said Lot 74 being the Southwesterly terminus of a line in the Northwesterly boundary of said Lot 74 with a distance of 70.21 feet; thence leaving the boundary of said Lot 74, continuing Northwesterly in a straight line to the most Southerly corner of Lot 69 of said Map 2037; thence continuing Northwesterly along the Southwesterly lines of Lots 69, 68, 67, 66, that portion of La Cresta Avenue adjoining Lots 66 and 61, Lot 61, 60, 59 and 58 to the Point of Beginning. EBS : yh 7-1-81 J.N. 5256 iiii 23 PART I: PREFACE "Incentive to business development is lacking but even if it existed the physical capacity to accommodate business 'is lacking. This same lack of incentive decreases the inclination of the individual property owners or enterprises to modernize. As a consequence the process of deterioration sets in until community finds a commercial slum developing in its very midst." P. 25 Community Development Plan - A Report on the Elements of A Master Plan - Carlsbad, California, by Gordon Whitnall and Associates, 1957. The above quotation is a concise depiction of the situation found in much of the existing commercial development within the Carlsbad Village Area. Without concerted activity by the City - and the business community, outdated sites, incapable of convenient and efficient service will continue to foster the process, commonly called blight. Carlsbad is not the only city in the county faced with a declining commercial core. The inevitable deterioration of established commercial areas is well documented in cities throughout the county, state and nation. Equally well documented is the fact that this deterioration cannot be overcome without joint public-private commitment. Private investments in store fronts and dollar day sales techniques have met with as little success as public parking and public mall construction. Examples of the failure of these types of approaches abound. Strengthening of the residential fabric of the inner city should accompany the revitalization of the commercial core. High levels of incentive can be created for commercial redevelopment as a result of the availability of close in concentration of purchasing powers. This commercial residential interplay is essential to ensure healthy, dynamic inner-city area. -1- Redevelopment plans historically have taught us that government alone cannot solve the problems of declining inner-city areas. The key to success is a "partnership" concept where private reinvestment can be meshed with public expenditure. In short, the public and private sectors must cooperate for the purpose of leveraging their individual efforts.. This plan is an effort to begin a true partnership concept. This effort should bring the public and private sectors together so that the goal of creating a liveable urban environment will become a reality. -2- PAT 11: INTRODUCTION 11-A. Format and Preparation The redevelopment plan for the Village Area of the City of Carlsbad consists of Part 1: Plan text, and Part 2: Appendices. The redevelopment plan has been prepared by the Carlsbad Housing & Redevelopment Commission, pursuant to the Community Redevelopment Law of the State of California; the Bylaws of the Housing and Redevelopment Commission, and all applicable local ordinances and State statutes. 11-B. Project Goal The overall goal of the Village Area Redevelopment Project is to create a pleasant, attractive, accessable environment for living, shopping, recreation, civic, cultural and service functions through the elimination of blighting influences and through restoration and new, private/public development forms which preserve and enhance the existing character of the Village Area and surrounding community. 11-c. 11-c-1. 11-c-2. 11-C-3. 11-C-4. The Objectives of the Plan Eliminate blight and blighting influences that presently exist in the project area. Encourage a variety of residential accommodation and amenity in the Village Area so as to increase the advantages of close-in living and convenient core shopping, toward the end of encouraging a diversity of age, income and ethnic characteristics. Restrict the highest residential density to areas in or near the Village Center. Introduce programs to revitalize all areas which are deteriorating or have high potential to become deteriorated. -3- 11-C-5. Provide an organized system of commercial land 11-C-6. 11-C-7. 11-C-8. 11-C-9. uses to be grouped in a village setting, rather than a strip or sprawled commercial manner. Such uses should include administrative and professional offices, retail outlets, and public off ices. Provide, within the Village centre, a variety of spaces and locations for specialty, unique, and attractive shops with strong pedestrian orientation. Locations and spaces should be interconnected with attractive pedestrian belts incorporating landscaping andfor unique texture. Provide a variety of commercial, tourism, and recreational activity, especially close to the beach, in conjunction with special entertainment facilities, restaurants and other uses which will foster a village concept and not detrimentally impact residential usage. Provide for pedestrian and bicycle access to the development clusters and open areas. Provide for visual amenity through such means as landscaped court yards, attractive and harmonious architectural forms and vest pocket parks. 11-C-10. Arrest decay and decline throughout the project area through restoration and rehabilitation of structures. 11-C-11. Guide development to preserve aesthetic and cultural quality. 11-C-12. Stimulate and attract private investment. 11-C-13. Provide a convenient circulation system with an emphasis upon ease of access and convenient, safe and attractive off-street parking areas. -4- 27 11-C-14. Accommodate existing and future local and regional public transit facilities. 11-C-15. Establish the Village Centre area as the North County's focus for specialty goods and services. 11-C-16. Establish design control in keeping with the desired village atmosphere. PART 111: GENERAL DEFINITIONS As used in this plan the following words shall mean: I1 Commission" - the Carlsbad Housing and Redevelopment Commission, duly constituted by action of the City Council of the City of Carlsbad under the provisions of Health and Safety Code of the State of California. "City" - The City of Carlsbad, California. "City Council'' - City Council of the City of Carlsbad, California. "Committee" - Carlsbad Housing and Redevelopment Advisory Committee as mandated by the Redevelopment Law to advise the Commission prior to plan adoption and during the implementation stages of the project. "Design Review Board" - A review board consisting of highly qualified persons with an interest in the field of urban design and a member from the city staff shall be appointed to advise associated committees and the Commission. The board will evaluate development proposals as they relate to the Village Design Manual and intent of this plan. "Inner-City" - The historic Carlsbad town site. The inner-city includes the area bounded by Buena Vista Lagoon, 1-5, Pacific Ocean, and Tamarack Avenue. The Village Area Redevelopment Project area is a part of this inner-city area. -5- "New Construction" - For the purposes of this plan "New Construction" shall mean erection of a structure on a site where a structure has been removed or no previous structure was in existence. In addition, any addition, alteration, or repair which occurs within any 12 month period and exceeds 50 percent of the value of an existing building or structure shall be deemed to be new construction. All other additions, alterations and . repairs shall comply with applicable sections of the Uniform Building Code. "Planning Commission" - The City of Carlsbad's Planning Commission. "Plan" - The Village Area Redevelopment Project Plan Number One. "Project Area" - The Redevelopment Project known as the Village Area Redevelopment Project Area Number One, the boundaries of which are shown on Exhibit A. Whenever and wherever this name appears, it shall mean the same as the Village Area Redevelopment Project, the legal description of this area as previously described herein. "Procedure Manual" - A procedures manual is established for the purpose of providing a clear understanding to all parties involved, of the process under which development projects and proposals will be reviewed. "Redevelopment Law" - The Community Redevelopment Law of the State of California (California State Health and Safety Code, Sections 33000 et. seq.). "Specific Plan" - A precise plan primarily designated to implement the redevelopment plan for the village area of the City of Carlsbad. "State" - The State of California. - 6- "Sub-areas" - The design manual will address the entire project area by dividing it into smaller areas which lend themselves to more definitive land use parameters than those set forth in the legal redevelopment plan. These areas shall be known as "sub-areas". "Village Design Manual" - The Commission's official statement of design and land use policy for the project area. It embodies developmental criteria and guidelines which will be used to attain the goals and objectives noted herein. It addresses such matters as texture, spatial relationships, amenity, aesthetic quality landscaping, courtyards, plazas, parking designs, etc. "Zoning Ordinance" - A specific plan under which building heights, building bulk and land use are regulated and under which territory is divided into land use districts or zones. Unless otherwise stated the Zoning Ordinance shall mean the zoning maps and regulations of the City of Carlsbad. -7- PART IV: PERMITTED USES & CONTROLS IV-A. IV-A-1 IV-A- 2. IV-A-3. Planning & Land Use Considerations The projected patterns of land use and circulation within the project area are shown graphically on Exhibit B, the Village Area land use diagram. The Commission, upon request, may allow residential development in commercial subareas provided that the proposed residential development is compatible with the surrounding area and does not adversely effect adequate internal residential order and amenity. In addition, no residential usage shall be permitted on the ground floor of any development in an area designated for commercial usage. The 1980 preliminary census data indicates that there are approximately 1600 dwelling units existing within the project area. It is anticipated that approximately 300 to 400 additional units will be added over the life of the Plan. All of those areas designated as generally residential on Exhibit B may not include any uses other than residential unless specifically stated within the subarea within which said designation is located or unless special permission has been obtained from the Housing and Redevelopment Commission. The Commission shall encourage the development of a wide range of housing types in residential areas of the project and shall endeavor to achieve a mixture of housing for all economic segments of the City of Carlsbad therein. - 8- 31 IV-A-4. The Redevelopment Plan shall be regarded as the principle specific plan for the project area and it shall take precedence where it is in conflict with other specific plans, regulations and standards. IV-A-5. Streets, alleys and other public rights-of-way may be altered, vacated, narrowed, deckedover, extended or closed where such action is essential to the orderly implementation and execution of the plan. If the implementation of the plan requires additional streets, easements or other rights-of-ways they may be acquired by the Commission or the City. Approximately 10 acres of the project area will be used for streets and/or alleys. IV-A-6. The Commission may authorize the private use of air rights over public rights-of-way. This may take the form of buildings, platforms, decks or other structures. Such air rights may also be used for vehicular and/or pedestrian incirculation, transit, public and private utilities or other public improvements. IV-A-7. The Commission is authorized to permit the establishment and expansion of public or quasi-public uses and facilities such as, but not limited to, parks, recreational facilities, libraries, schools, and charitable institutions, within the project area. -9- IV-A-8. Approxiamately 105 acres of the Project Area will be devoted to public purposes, including streets, alleys, public and quasi-public uses. IV-B. General Controls and Limitations IV-B-1. All real property within the project area is subject to the provisions, controls and requirements of the plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of adoption of the plan, except where such development, redevelopment, rehabilitation or other substantial change conforms with the provisions of the plan and the guidelines embodied in the Village Design Manual as applied by the Design Review Board and, ultimately, the Housing and Redevelopment Commission. IV-B-2. All new construction shall comply with all applicable standards, statutes and locally adopted building, electrical, heating, ventilation, housing, and other public codes except as specified herein. -10- 33 IV-B3. The Commission shall endeavor to substantially increase the area of public and private open space within the project area. Open space may take the form of parks, vest pocket parks, play areas, plazas, fountains, enclosures, patios, and similar landscaped features. The plan envisions the addition of approximately 8 acres of open space within the project area. IV-B-4. In areas where appropriate, sufficlent open space between buildings and clusters of buildings shall be maintained or created to provide adequate sunlight, ventilation, privacy, fire safety and general livability. IV-B-5. The Village Design Manual will determine the type, size, height and use of buildings within the Project Area. IV-B-6. All signs shall conform to the standards set forth in the guidelines of the Village Design Manual. IV-B-7. The Commission shall assure adequate parking, including designated storage areas for bicycles, motorcycles, and mopeds. -11- IV-B-8. The Commission shall require all utility lines and structures to be placed underground, unless it determines that undergrounding with respect to certain lines would be economically or physically inappropriate. IV-B-9. No land use or structure, which by reason of appearance, traffic, smoke, glare, noise, odor or other factors which would be incompatible with the surrounding areas shall be permitted within the project area. IV-B-10. Subsequent to redevelopment, rehabilitation, or development, pursuant to the plan, no parcel in the project area, including any parcel retained by a conforming ownerfparticipant shall be resubdivided without the prior approval of the Commission. IV-B-11. The Commission is authorized to grant exemptions from the limits, restrictions and controls established by the plan. The Commission must make the following findings for each and every case approved as a condition to its granting of a request for an exemption: -12- 35 a) The application of certain provisions of the plan would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the plan; and b) There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions and controls; and c) The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area; and d) The granting of an exemption will not contradict the standards established in the Village Design Manual. In granting of exemptions, the Commission shall impose such conditions as are necessary. IV-B-12. Prior to the Commission's official consideration of a development proposal, the application and all accompanying documents shall be submitted for review in accordance with the California Environmental Quality Act of 1970, as amended and such other statutes as may be applicable. -13- IVk. ' Village Design Manual IV-C-1. The Commission, in cooperation with the Planning Commission, shall formulate, adopt, and make generally available, a Design Manual for the purpose of implementing the Village Area Redevelopment Project. The Manual shall be the Commission's official statement of its design guidelines and land use criteria for the redevelopment, rehabilitation, conservation and general development of the project area in accordance with this plan. All development proposed within the Village Redevelopment Project Area shall conform to the content of the Village Design Manual. IV-C-2. The manual shall include developmental objectives, land use and design criteria and shall address the following: a) The arrangement of space and land use in the project area. b) Building coverages, building setbacks, building bulk and height, building intensity, the siting of structures and open space. c) Preservation and promotion of the environmental quality of the project and the Village Area in general. d) The development of a circulation system which promotes effective transportation throughout the project area and which establishes and maintains effective linkages between the project area and the other parts of the planning area as well as other urban centers located in the North County region. e) Civic and environmental design features which establish the character of the project area. f) Landscaping; street, plaza, enclosure and mall furniture. -14- 37 PART V: PROPOSED HOUSING AND REDEVELOPMENT COMMISSION ACTIONS V-A. General Actions V-A-1. In order to achieve the objectives of the Redevelopment Plan, the Commission proposes to undertake and implement the following actions: a) Participation by owners and tenants. b) Relocation of residents and businesses where necessary. c) Cooperation with other public entities. d) Property management. e) Property acquisition. f) Property disposition. g) Demolition clearance, public improvements and site preparation. V-A-2. Under the provisions of Section 33445 of the Health & Safety Code, the Commission 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 without the project area, if such buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood inwhich the project is located, and that no other reasonable means of financing such buildings, facilities, structures, or other improvements, are available to the community. Improvements the Commission -15- 39 is authorized to undertake may include, but should not be limited to, the construction and installation of drainage facilities, curb, gutter, sidewalk, parking facilities, landscaping, lighting, pedestrian improvements and similar facilities as noted in the Carlsbad Streetscape Master Plan. These improvements may occur throughout the project area. The Commission may acquire property for pedestrian ways, transit transfer points, low income housing and relocation purposes. V-A-2 It is anticipated that this the following locations: , Elm Avenue Grand Avenue Oak Avenue Pine Avenue Walnut Avenue Cedar Avenue Beech Avenue Cypress Avenue Harding Street provision may take place in Jefferson Street Madison Street Roosevelt Street State Street Garfield Street Carlsbad Boulevard Ocean Street Washington Street Home Avenue Improvement may also be undertaken on any pedestrian pass- through or parking area located along State, Roosevelt or Madison Streets and Elm and Grand Avenue. -16- V-d. Paiticipation by Tenants and Owners Owners of real property in the project area shall be given the opportunity, pursuant to such rules as adopted by the Commission to participate in redevelopment by: a) Retaining all or a portion of their property, or b) Acquiring adjacent or other property from the Commission by puchase or exchange. Such participation shall be determined on a case by case basis and is contingent upon the existence of a binding agreement through which the property retained or acquired will be ultimately developed in conformity with the plan and subject to all provisions contained therein. The condition of improvements, the reduction of the total number of parking spaces within the project area, the elimination of certain land uses, the vacation of streets, the construction of new public improvement and the ability of owners to finance acquisition and development in accordance with the plan are some, but not all factors which will be taken into account in finalizing any owner participation agreement. Further information is available from Commission staff. c) Persons who are engaged in business in the project area will be extended reasonable preference to re-enter into business within the project area if they are required to move and otherwise meet the requirements prescribed by the plan. d) If an owner of property fails to participate in accordance with an executed owner participation agreement, the Commission will undertake such action as necessary to enforce the provisions of the Plan. -17- V-d. Refocation of Residents and Businesses The Commission, or its designated agent shall assist all who may be displaced by project activity in finding other suitable dwellings or business locations. Individuals and families shall be assisted in finding housing that is decent, safe, and sanitary, within their financial means, in a reasonably convenient location and otherwise suitable to their needs. These efforts shall be undertaken in order to carry out the project with the minimum amount of hardship to persons who may be displaced from their homes by the redevelopoment activity. Payments to displaced persons, including families, business concerns and others for moving expenses and other direct losses of personal property or any other benefits will be made in conformance with the California Uniform Relocation Law. In the event that federal funding is utilized, all respective statutes and regulations will be followed in assisting those relocated as a result of use of those funding sources. V-D. Cooperation with Public Entities V-D-1. The Commission shall seek the aid and cooperation of other public entities, including committees and commissions. It shall attempt to coordinate this plan with the activities of such bodies in order to accomplish the purpose of redevelopment. It is recognized that certain public entities are authorized by State law to cooperate withor without consideration in the planning, implementation or operation of this project. V-D-2. The Commission may in any year during which it owns property in a redevelopment project pay directly to any city, county, city and county, 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 exempt, an amount of money in lieu of taxes. -18- ' A proportionate share of any amount of money paid by an agency to any city and county pursuant to this section shall be disbursed by the city and county to any school district with territory located within 'a redevelopment project area in the city and county. "Proportionate share", as used in this section means the ratio of the school district tax rate, which is included in the total tax rate of the city and county, to the total tax rate of the city and county. The Commission may also pay to any taxing agency with territory located within a project area, other than the community which has adopted the project, any amounts of money which in the Commission's determination is appropriate to alleviate any financial burden or detriment caused to any taxing agency by a redevelopment project. V-E. Property Management During such time as property in the project area is owned by the Commission, said property shall be under the management and control of the Commission. Subject property may be rented or leased by the Commission pending disposition for redevelopment. V-F. Acquisition of Property. V-F-1. The Commission nay acquire all real property located within the project area. The Commission, however, is not compelled to acquire all property located therein. The Commission may acquire real property by gift, devise, exchange, purchase, eminent domain, or any other lawful means. -19- V-F-2. ' The Commission shall not acquire interest in oil, gas or other mineral substances within the project area except where necessary to preclude drilling or excavation within the project area. V-F-3. In order to implement the redevelopment plan and eliminate the conditions within the project area which make redevelopment necessary, it is in the public interest that the Commission use its power of eminent domain to acquire real proeprty within the project area. V-F-4. The Commission is not authorized to acquire publicly owned land in the project area in the absence of the involved public agency's consent. If such property becomes private property by deed, lease or otherwise before the Commission completes land acquisition within the entire project area, the Commission is hereby authorized to acquire such property. V-F-5. The Commission is authorized to acquire any or all interest in real property or structures, including, but not limited to fee title, deeds and easements. V-F-6. Without the consent of an owner, the Commission shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless such building requires structural alteration, improvement, modernization or rehabilitation. If the site or lot on which the building is situated requires modification in size, shape or use or 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 agree to participate in the Redevelopment Plan through the execution of an owner participation agreement, Commission shall not acquire said property. -20- V-F-7. ' The Commission shall generally not acquire personal property. However, where necessary in the implementation of the plan, the Comimssion is authorized to acquire personal property in the project area by any lawful means except eminent domain. V-G. Property Disposition V-G-1. All agreements for the disposition of land by the Commission, including owner participation agreements, shall include provisions recognizing and requiring that in order to provide adequate safeguards to ensure that the process of redevelopment will be carried out pursuant to the plan, the following conditions are necessary: a) The purchase or leasing of land is for redevelopment and not for speculation. The Commission shall be reserved such powers and controls as may be necessary to prevent transfer or use of the property for speculation purposes. b) The subject land shall be built upon and/or improved in conformity with applicable development standards and any declaration of restriction attached hereto. c) In order to assure that development and construction will be carried out in a manner which will effectuate the purposes of the plan, all developers and other participants shall submit preliminary architectural plans, site and landscape plans, final plans, including landscaping and design plans and specifications of the improvements proposed to be constructed on the land for approval by the Commission. As a part of such plans and specifications, developers and, if required by the -21- Commission, owner participants, shall submit time schedules for the commencement and completion of such improvements. Also, such plans and schedules shall be submitted within the time specified in the respective agreements with such developers and owner participants. d) By and for the contracting parties, their heirs, executors, administrators and assigns, there shall be no discrimination against, or segregation of, any person or group of persons on, account of race, creed, sex, color, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, or enjoyment of the premises therein described, nor shall the contracting parties or any persons claiming under or through them, 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, or vendees on the premises described. All deeds, leases or contracts for the sale, lease, sublease, or other transfer of any land in the redevelopment project shall contain the non-discrimination clauses prescribed in Section 33436 of the Health & Safety Codes. V-G-2. The Commission will sell or lease all of its real property acquired in the Project Area except for that property conveyed by it to the Community. The Commission may also impose such other covenants, conditions and restrictions as the City Council may prescribe. -22- V-H. Demolition, Clearance, Public Improvements, Site . Preparation V-H-1. The Commission is authorized to clear buildings, structures, and other improvements from any real property in the project area as required to carry out the purpose and intent of the Village Area Redevelopment Plan. V-H-2. The Commission is authorized to cause, provide, undertake or to make provisions with any person or public entity for the installation or construction of public improvements or public utilities. Such improvements may be located within or outside of the project area as necessary to carry out the plan. Streets, curbs, gutters, sidewalks, sewers, storm drains, traffic signals, street trees, electrical distribution systems, natural gas distribution systems, water distribution systems, fire hydrants, parks, plazas , motor vehicle parking facilities, landscaping and pedestrian malls, public signing, graphics and street furniture are all included within the definition of public improvement, but such improvements are not necessarily limited thereto. V-H-3. Any real property owned by the Commission may be prepared or caused to be prepared as a building site by the Commission. All such actions will be carried out within the limits of applicable laws. V-H-4. Any building or structure owned by the Commission may be rehabilitated by the Commission within the limits of applicable law. -23- V-i-5. The Commission is authorized to move or cause to be j' . moved any structure or building to a location within or outside of the project area so long as such actions are undertaken in carrying out the redevelopment plan and are in accordance with all applicable regulations. V-H-6. In order to encourage conservation and rehabilitation of premises located within the project area, the Commission is authorized to assist said owners through the provision of advice, encouragement and further assistance as may become available. -24- PAd'T 'VI! METHODS OF FINANCING VI-A. VI-A-1. VI-A-2. VI-A-3. VI-A-4. VI-B. Proposed Financing Methods - General The Commission is authorized to finance this project with financial assistance from the City of Carlsbad, the State of California, Federal government, property tax increments, interest income, Commission funds, or any other available source. Until adequate tax increments or other funds are available, or sufficiently assured, to repay loans and to permit borrowing of adequate working capital from sources other than the City, the City will make available funds in the form of loans for survey planning and for the operating capital and nominal administration of this project. The City, as it is capable, may provide additional assistance through loans and grants for various public facilities. The Commission is authorized to issue bonds in amounts sufficient to finance all or a portion of a project. The Commission is authorized to obtain advances, borrow funds, and create indebtedness in carrying out the plan. Payment of principle and interest on such advances, funds and indebtedness may he make with tax increments or such other funds as may become available through the Housing and Redevelopment Commission. Limitations The following items are addressed in accordance with Section 33333.2 of the Health and Safety Code: -25- VI-B-1. The number of dollars of taxes which may be divided and , #5 * allocated to the Commission pursuant to Section 33670 is limited to four (4) million dollars per annum. VI-B-2. A twenty-five year time limit on the establishing of loans, advances and indebtedness to finance in whole or in part the redevelopment project is hereby set. VI-B-3. A time limit of 12 years from the date of adoption of this plan for the commencement of eminent domain proceedings to acquFre property within the project area is hereby established. VIC. The following items are addressed: VI-C-1. A limit of $30,000,000 is hereby imposed on the amount of tax allocation bonded indebtedness which can be outstanding at one time without an amendment of the redevelopment plan. This amount is hereby determined to be sufficient incentive to eliminate blighting conditions existing within the project area. VI-C-2. Not less than 20% of all taxes allocated to the Commission are hereby pledged to increasing and improving the community supply of housing for persons with low and moderate income. VI-C-3. Whenever dwelling units housing of persons of low and moderate income are destroyed or removed, as a part of the implementation of the redeveloment project, the Commission within four years of such removal will replace said units in kind in accordance with provisions of Sections 33413 and 33413.5 of the Health & Safety Code of the State of California. -26- VI-D. Tax Increment Financing I '* * Taking into account any and all limitations noted above, all taxes levied upon taxable property within the Village Area Redevelopment Project Area each by and for the benefit of the State of California, County of San Diego, the City of Carlsbad or any district or other public corporation hereinafter sometimes referred to as taxing agencies, after the effective date of the ordinance approving the redevelopment plan shall be divided as follows: VI-D-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 the taxing agencies, upon the total sum of the assessed value of the taxable property in the redevelopment project, as shown upon the assessment role used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of such ordinance, but to which such territory has been annexed or otherwise included after such effective date, the assessment role 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 on the effective date); and -27- VI-D-2. That portion of the levied taxes each year in excess of < 4. , such amount shall be allocated to, and when collected, shall be paid into a special fund of the Housing and Redevelopment Commission to pay the principle of, and interest on loans, monies advanced to or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by such Commission to finance or refinance, in whole or in part, such redevelopment project. Unless and until the total assessed valuation of the taxable property in a redeveloment project exceeds the total assessed value of the taxable property in such project as shown by the last equalized assessment role referred to in subdivision (A), all of the taxes levied and collected upon the taxable property in such redelopment project shall be paid into the funds of the respective taxing agencies. When such loans, advances, and indebtedness, if any, and interest thereon, have been paid, all of the monies thereafter received from taxes upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in paragraph (B) above are herein irrevocably pledged for the payment of the principle and interest on the advance of monies or making of loans or the incurring of any indebtedness (whether funded, refunded, assumed or otherwise) by the Commission to finance or refinance the project in whole or in part. The Commission is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate, in carrying out the project. -28- PAR'T 'SIf. ACTIONS PROPOSED TO BE TAKEN BY THE CITY VII-A. Cooperative Undertakings The City shall aid and coopera'te with the Commission in carrying out this plan and shall take any further action necessary to insure continued attainment of the purposes of this plan and to prevent the continuation or spread in the area of the conditions which create blighting influences. Actions proposed to be taken by the City may include, but not be limited to the following: VII-A-1. Requirements that public utility companies abandon and /or relocate their operation and public rights-of-way as appropriate to carry out this plan. VII-A-2. Opening, closing, vacating, widening, or changing the grades of streets, alleys and other public rights-of-way and other necessary modifications to streets, the street layout and other public rights-of-way. VII-A-3. Institution and completion of proceedings necessary to effectuate changes and improvements in publicly owned utilities within or affecting the project area. VII-A-4. The effectuation of any other proceedings necessary to carry out the project in accordance with the.Village Area Redevelopment Project Plan Number One. -29- PhT' VI> I. PLAN ADMINISTRATION VIII-A. Enforcement The administrative enforcement of this plan or other documents formulated pursuant to this plan shall be performed by the City and the Commission. The provisions of this plan or other documents formulated pursuant to this plan may also be enforced by court litigation instituted by either the Commission or the City. Further, any documents recorded expressly for the benefit of owners of property within the project area may be enforced by such property owners in addition to the City or the Commission. VIII-B. Duration Except for the non-discriminatory and non-segregation provisions which shall run in perpetuity, provisions of this plan shall be effective and the provisions of other documents formulated pursuant to this plan may be made effective for 25 years from the date of adoption of this plan by the City Council and Housing & Redevelopment Commis s ion. VIII-C. Amendment This plan may be amended by the procedures established by the California Community Redevelopment Law or anyother procedure hereinafter established by law. 53 -30- ' **, LAND USE DESIGNATIONS Commercial Area - Encourages retail commercial type usage. Conditionally permits auto service stations: R-3 use above ground level commercial. Special Treatment'Area - Delineates an area which requires adherence to standards in order to maintain and enhance special character and environment. Commercial/Limited Industrial - Encourages uses of a more intense area. Includes uses commonly referred to as heaw commercial nature than those permitted in the Commercial - commercial/light industrial. Travel Services Commercial - Provides areas to function as centers for tourists and travelers. Should encourage transient housing, restaurants, retail services proGiding for the convenience, welfare or entertainment of the traveler. Uses patron customer provided that such uses not otherwise permitted include hotel, motel and incidental businesses to serve the conjunction with permitted use; restaurants with a cocktail in this zone shall be operated in the same building and in lounge as an integral part; art galleries; handicraft shops; bonafide antique stores. Combination District - Should permit residential, commercial, commercial office. Primary usage should be office commercial with other uses in conjunction as approved by Housing and Redevelopment Advisory Committee:Commission. 9__E__k O en S ace - Incudes existing public and private facilities such as par s and schools. Recently acquired public areas are of acquisition. included within the zoning designation in existence at the time High Density Residential - Encourages residential density of 10-20 units per acre. Low Medium Density Residential - Encourages residential density of 4-10 units per acre. -31-