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Home My WebLink About2000-06-07; Planning Commission; ; EIR 99-01|PCD|GPC 00-02 - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT-he City of Carlsbad Planning Departmf A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: June 7, 2000 ItemNo.@ Application complete date: NIA Project Planner: Michael Holzmiller Debbie Fountain Project Engineer: NIA SUBJECT: EIR 99-01/PCD/GPC 00-02 -SOUTH CARLSBAD COASTAL REDE- VELOPMENT PROJECT -Recommendation for certification of an Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and recommendation of approval for the South Carlsbad Coastal Redevelopment Project, finding that the Plan conforms to the City of Carlsbad's General Plan. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4786 RECOMMENDING CERTIFICATION of the Final Environmental Impact Report and ADOPTION of the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and ADOPT Planning Commission Resolution No. 4787, APPROVING PCD/GPC 00-02 for the South Carlsbad Coastal Redevelopment Plan and finding that the Redevelopment Plan conforms to the City of Carlsbad's General Plan. II. INTRODUCTION Since last fall, the Carlsbad Housing and Redevelopment Commission has been undertaking the necessary steps to prepare a Redevelopment Plan ("Plan") and its associated Environmental Impact Report ("EIR") for the South Carlsbad Coastal Redevelopment Project Area ("Project"). Redevelopment of the Project Area would enable the Commission to: 1) facilitate interim improvements at the Encina Power Plant to reduce the Plant's environmental and economic impacts on the community; 2) accommodate the economically viable redevelopment of the Encina Power Plant to a smaller (reduced building profile), more operationally efficient facility; 3) provide potential funding for the proposed realignment of Carlsbad Boulevard, yielding excess property that could facilitate public recreational facilities and improvements as well as some commercial development, and; 4) promote the redevelopment of underutilized properties in the area commonly referred to as the Ponto Area. On October 6, 1999, the Planning Commission became involved in the Plan adoption process by approving the Preliminary Plan and selecting the project area boundaries. The Housing and Redevelopment Commission subsequently approved the Preliminary Plan and project area boundaries on October 19, 1999. Since the adoption of the Preliminary Plan, the Housing and Redevelopment Commission has prepared a variety of documents required by the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., ("Redevelopment Law"), including a draft Redevelopment Plan and a final Program EIR. These ~ t.l EIR 99-01/PCD/GPC 00-'-- SOUTH. CARLSBAD COASTAL REDEVELOPMENT PROJECT June 7, 2000 PAGE2 documents are now being presented to the Planning Commission for review, comment and action. At this time, it is requested that the Planning Commission take the following actions related to continued processing of the Redevelopment Plan and related EIR: • Review, provide comments and recommend certification of the Final EIR for the proposed project by the City Council and Housing and Redevelopment Commission; • Recommend approval of the Redevelopment Plan by the City Council and Housing and Redevelopment Commission; and, • Determine that the proposed Redevelopment Plan conforms to the City General Plan. III. PROJECT DESCRIPTION AND BACKGROUND The proposed Redevelopment Plan provides a general framework for redevelopment programs to be implemented in the 555.5-acre South Carlsbad Coastal Redevelopment Project Area ("Project Area"). The Project Area is generally located along portions of Carlsbad Boulevard, Ponto Road, and Cannon Road, and includes the Encina power-generating plant, San Diego Gas and Electric properties including right-of-way, other public right-of-way, and various industrial, service, and residential properties in the Ponto Drive area. While Section 400 of the Redevelopment Plan contains a series of specific goals, the overall purpose of the Plan is to permit the Housing and Redevelopment Commission to achieve the following redevelopment objectives: • Facilitate interim improvements at the Encina power generating facility to reduce the plant's environmental and economic impacts on the community; • Accommodate the economically viable redevelopment of the Encina plant to a physically smaller, more operationally efficient facility; • Provide funding for the potential realignment of Carlsbad Boulevard, yielding excess property that could facilitate public recreational facilities and improvements, and; • Promote the redevelopment of underutilized properties in the Ponto area. The Plan is intended to enable the Housing and Redevelopment Commission to implement these objectives in a manner consistent with the City's General Plan. As such, the Plan's land use, development standards, and other policies specifically reference the appropriate provisions of the City's General Plan (and other applicable policies and ordinances). No alteration to existing land use or development policies is proposed by the Redevelopment Plan. EIR 99-01/PCD/GPC 00-'-- SOUTH. CARLSBAD COASTAL REDEVELOPMENT PROJECT June 7, 2000 PAGE3 IV. ANALYSIS Section 33346 of California Redevelopment Law requires that before a Redevelopment Plan is submitted to the City Council for final consideration, the Planning Commission shall first issue its report and recommendation on the redevelopment plan and its conformity to the General Plan. The boundaries of the Redevelopment Project Area and the Preliminary Redevelopment Plan were approved by the Housing and Redevelopment Commission on October 19, 1999. The boundaries of the Project Area and the purposes for adopting a Plan remain the same as in the Preliminary Plan. The primary purposes of the Plan are: 1) facilitate interim improvements at the Encina Power Plant to reduce the Plant's environmental and economic impacts on the community; 2) accommodate the economically viable redevelopment of the Encina Power Plant to a smaller (reduced building profile), more operationally efficient facility; 3) provide potential funding for the proposed realignment of Carlsbad Boulevard, yielding excess property that' could facilitate public recreational facilities and improvements as well as some commercial development, and; 4) promote the redevelopment of underutilized properties in the area commonly referred to as the Ponto Area. The Redevelopment Plan is not proposing to change any of the existing land use regulations applicable to the Plan area at this time, including the General Plan, Zoning or the Local Coastal Plan. The Plan does not provide a specific plan for the redevelopment, rehabilitation, or revitalization of any properties within the Project area. Instead, the Plan merely establishes a process and framework within which improvement programs will be considered by the Housing and Redevelopment Commission. In the future, specific plans may be proposed for the area which could involve land use changes and a number of land use issues regarding the power plant need to be addressed. However, any future proposals would require separate, additional, review and consideration by the Planning Commission. The Plan is consistent and conforms with the City's General Plan and other applicable codes and ordinances. It incorporates by reference: 1) the land use policies contained in the City's General Plan; 2) the existing land use designations shown in the Land Use Element of the General Plan; 3) existing zoning designations; and 4) all other applicable codes regulating permitted use, development standards and allowed densities of use. Specifically, Section 518 of the Plan provides that public improvements to be undertaken by the Commission are identified in the General Plan and Capital Improvement Programs. Section 527 of the Plan provides that all development, whether public or private, must conform to the Plan and all applicable federal, State, and local laws, including without limitation the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Section 528 of the Plan provides that all real property sold, leased or conveyed by the "Commission" (Housing and Redevelopment Commission), as well as property subject to Owner Participation Agreements between the "Commission" and property owners, shall be made subject to the provisions of the General Plan, zoning ordinance, and all other State and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. EIR 99-01/PCD/GPC 00-'-- SOUTH. CARLSBAD COASTAL REDEVELOPMENT PROJECT June 7, 2000 PAGE4 Section 601 of the Plan provides that the land uses permitted by the Plan shall be those permitted by the General Plan, zoning ordinance, and all other State and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Section 603 of the Plan provides that the street system in the Project Area shall be developed in accordance with the General Plan, zoning ordinance, and all other State and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Section 606 of the Plan provides that any interim uses shall conform to the General Plan, zoning ordinance, and all other State and local building codes, guidelines or specific plans as they now exist or are hereafter amended. Section 607 of the Plan provides that 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 the Plan and the regulations and requirements of the General Plan, zoning ordinance, and all other State and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Section 607 of the Plan also provides that the type, size, height, number, and use of buildings in the Project Area will be controlled by the General Plan, zoning ordinance, and all other State and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Section 610 of the Plan provides that the number of dwelling units in the Project Area shall be regulated by the General Plan. Section 611 of the Plan provides that the amount of open space in the Project Area is to be the areas so designated by the General Plan, zoning ordinance, and all other State and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. For all of the above reasons, Staff believes that the Planning Commission should recommend approval of the South Carlsbad Coastal Redevelopment Plan finding that it conforms and is consistent with the City of Carlsbad General Plan. The Planning Commission's report and recommendation, as embodied in the enclosed resolutions, will be submitted to the City Council and Housing and Redevelopment Commission at a joint public hearing scheduled for June 20, 2000, after which the Council and "Commission" may consider adoption of the Plan. V. ENVIRONMENTAL REVIEW Because the Redevelopment Plan does not propose any specific projects at this time, a Program Environmental Impact Report (EIR) was prepared by the City. Topics addressed in the Program EIR included: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Souls, Hydrology/Water Quality, Land Use/Planning, Noise, Transportation/Traffic, Public Services Utilities/Service Systems, Hazards and Hazardous Materials, Population and Housing, and Recreation. In addition, the Program EIR addressed all other sections as required by the California Environmental Quality Act (CEQA). EIR 99-01/PCD/GPC 00-'-- SOUTH. CARLSBAD COASTAL REDEVELOPMENT PROJECT June 7, 2000 PAGES In general, the EIR concludes that because it is consistent with the City's General Plan, adoption of the Redevelopment Plan would not result in any significant environmental impacts. While the Plan may indirectly encourage and potentially expedite development in the Project Area, the resulting development and impacts are not anticipated to be beyond City policy as set forth in the General Plan. Specifically, the EIR identified no significant impacts with regard to Land Use/Planning, Geology/Soils, Traffic and Circulation, Noise, Public Services, Hazards and Hazardous Materials, Population and Housing, or Recreation. In addition, implementation of recommended mitigations measures (including those provided by existing General Plan policies) would not result in any significant unmitigated Project impacts with respect to Hydrology/Drainage and Water Quality, Aesthetics, Biological Resources, or Cultural Resources. The Program EIR identified that there would be indirect, significant impacts to Air Quality associated with adoption and implementation of the Redevelopment Plan even with the incorporation of mitigation measures. This is because San Diego County is already in a non- attainment condition for ozone. Any project which even indirectly facilitates development has a non-mitigable, significant impact on Air Quality. Therefore, a Statement of Overriding Consideration pursuant to Sections 15093 and 15126(B) of the CEQA guidelines must be adopted. The Statement has been included within the Findings of Fact which is attached as Exhibit "B" to Planning Commission Resolution No. 4786. A summary of the environmental impacts of the Plan and mitigation measures is provided in Section 2.1 of the EIR (pages 5-16). Six comment letters were received during the public comment period. The comments as well as responses to the comments are included with the EIR as an attachment entitled "Program Environmental Impact Report Responses to Comments." Alternatives to adoption of the Redevelopment Plan and a comparison of the alternatives is included in Section 7.0 of the Program EIR (pages 151-154). ATTACHMENTS: 1. Planning Commission Resolution No. 4786 (EIR) 2. Planning Commission Resolution No. 4787 (PCD/GPC) 3. Location Map 4. Program EIR and Responses to Comments (previously distributed) 5. Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project - SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT AREA EIR 99-01/PCD/GPC 00-02 \ \ \ \ \ \ \ \ \ ' , ' · SomhCarlsbadCoastalRedevelopmentProjecf_ .. -~ ,.,. ... -·:··., '' \ ''',, Redevelopment Plan Prepared for: Carlsbad Housing and Redevelopment Commission 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, CA 92705 Phone 714.541.4585 Fax 714.836.1748 E-Mail: RSGlNCCA@aol.com • TABLE OF CONTENTS SECTION I. (100) INTRODUCTION .......................................................................... l A. General .............................................................................................................. 1 SECTION II. (200) GENERAL DEFINITIONS .......................................................... 1 SECTION III. (300) PROJECT AREA BOUNDARIES ............................................... 2 SECTION IV. (400) REDEVELOPMENT PLAN GOALS .......................................... 3 SECTION V. (500) REDEVELOPMENT ACTIONS ................................................. 3 A. General .............................................................................................................. 3 B. Property Acquisition ......................................................................................... 5 C. Participation by Owners and Persons Engaged in Business ............................. 6 D. Implementing Rules .......................................................................................... 7 E. Cooperation with Public Bodies ....................................................................... 7 F. Property Management ....................................................................................... 8 G. Payments to Taxing Agencies .......................................................................... 8 H. Relocation of Persons Displaced by a Project .................................................. 8 I. Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste ................................................ 9 J. Rehabilitation, Moving of Structures by the Commission and Seismic Repairs ........................................................................................................ 10 K. Property Disposition and Development.. ........................................................ 12 L. Provision for Low and Moderate Income Housing ........................................ 15 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA ..................... 15 A. Map and Uses Permitted ................................................................................. 15 B. Public Uses ..................................................................................................... 15 C. Nonconforming Uses ...................................................................................... 16 D. Interim Uses .................................................................................................... 16 E. General Controls and Limitations ................................................................... 17 F. Design for Development ................................................................................. 19 G. Building Permits ............................................................................................. 19 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT .................... 20 A. General Description of the Proposed Financing Methods .............................. 20 B. ' Tax Increment Revenue .................................................................................. 20 C. Commission Bonds ......................................................................................... 21 D. Other Loans and Grants .................................................................................. 22 E. Rehabilitation Loans, Grants, and Rebates .................................................... .22 SECTION VIII. (800) SECTION IX. (900) ACTIONS BY THE CITY .......................................................... 22 ADMINISTRATION AND ENFORCEMENT ......................... 23 SECTIONX. (1000) PLAN LIMITATIONS ................................................................ 24 A. Amount of Bonded Indebtedness Outstanding At Any One Time ................. 24 B. Time Frame to Incur Indebtedness ................................................................. 24 C. Duration of this Plan ....................................................................................... 24 D. Time Frame to Collect Tax Increment Revenue ............................................. 25 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 SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project ("Plan"), located in the City of Carlsbad, California. It consists of the text (Sections 100 through 1100), the Project Area Map of the South Carlsbad Coastal Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed projects, public facilities, and infrastructure improvement projects (Exhibit C), and a diagram of permitted land uses (Exhibit D). This Plan has been prepared by the Carlsbad Housing and Redevelopment Commission ("Commission") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and framework for implementation. This Plan is based upon a Preliminary Plan formulated and adopted by the Carlsbad Planning Commission and Housing and Redevelopment Commission on October 6, 1999 and October 19, 1999, respectively. SECTION 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 23, 2000 1 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan G. "General Plan" means the General Plan of the City, the comprehensive and long- term general plan for the physical development of the City, as it exists today or is hereafter amended. H. "Legal Description" means the metes and bounds legal description of the Project Area attached hereto as Exhibit B. I. "Map" means the map of the Project Area attached hereto as Exhibit A. J. "Method of Relocation" means the methods or plans adopted by the Commission pursuant to Sections 33352(:t) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the Commission. K. "Ordinance" means City Council Ordinance No. __ adopted on ___ _ adopting this Plan. L. "Owner Participation Agreement" means an agreement between the Commission and an Owner which sets forth terms and conditions for use of property, and/or its improvement and/or its redevelopment as to a specific property. M. "Person" means an individual(s), or any public or private entities. N. "Plan" means the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. 0. "Project" means the South Carlsbad Coastal Redevelopment Project. P. "Project Area" means the South Carlsbad Coastal Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. Q. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. R. "State" means the State of California. S. "State ·Law" means an enactment of State of California, and includes such regulations as have the force oflaw. 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 February 23, 2000 2 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan SECTION IV. (400) REDEVELOPMENT PLAN GOALS This Plan is intended to achieve the following goals: - • Eliminating blight and environmental deficiencies in the Project Area. • Assembling of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. • Replanning, redesigning, and developing properties which are stagnant or improperly utilized. • Increasing, improving, and preserving the community's supply of housing affordable to very low, low, and moderate income households. • Developing new beach and coastal recreational opportunities. • Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. • Funding the Carlsbad Boulevard realignment which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities, and/or development of cultural facilities or other public facilities. • Retaining as many existing businesses as possible by means of redevelopment and rehabilitation activities. • Enhancing commercial and recreational functions in the Project Area. • Strengthening the economic base of the Project Area and the community by the installation of needed on-and off-site improvements to stimulate new commerciaVindustrial expansion, employment, and economic growth. • Increasing parking and open spaces amenities. • Implementing performance criteria to assure quality site design environmental standards to provide unity and integrity to the entire Project Area development. SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Commission proposes to alleviate and prevent the spread of blight and deterioration in the Project Area through: Carlsbad Housing and Redevelopment Commission February 23, 2000 3 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 1. The acquisition, installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities, buildings, structures, parks, playgrounds, and other public improvements/public facilities. 2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and improvements. 3. The rehabilitation, development, preservation, provision, or construction of affordable housing in compliance with State Law. 4. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to persons engaged in business desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants in accordance with applicable State Law. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property, personal property, any interest in property, and improvements on the property by purchase, lease, option, grant, bequest, gift, devise, or any other lawful means, or, where it is deemed necessary, by exercising the power of eminent domain, as permitted by Section 503 of this Plan, after conducting appropriate public hearings and making appropriate findings. 8. Site preparation and development and construction of necessary off-site improvements. 9. Increasing open space. 10. Managing property acquired by the Commission. 11. Providing financing for the assistance of commercial and industrial •development that increases the economic base of both the Project Area and the City, and the number of temporary and permanent jobs. 12. The disposition of real, personal, or any interest in property through methods such as sale, lease, exchange, subdivision, transfer, assignment, pledge, encumbrance or any other lawful means of disposition. 13. Recommending standards to ensure that property will continue to be used in accordance with this Plan. Carlsbad Housing and Redevelopment Commission February 23, 2000 4 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 14. The closure or vacation of certain streets and the dedication of other areas for public purposes. 15. Providing replacement housing, as required. 16. Applying for, receiving and utilizing grants and loans from federal or state governments or any other source. 17. Clearing or moving buildings, structures or other improvements from any real property acquired by the Commission. To accomplish these actions and to implement this Plan, the Commission is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Commission may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law, including eminent domain. Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the Ordinance. Such time limitations may be extended only by amendment of this Plan. To the extent required by law, the Commission shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. 2. (504) Acquisition of Personal Property, Any Other Interest in Real Property, or Any Improvements in Real Property Where necessary in the implementation of this Plan, the Commission is authorized to acquire personal property any other interest in property and any improvements on property by any lawful means. Carlsbad Housing and Redevelopment Commission February 23, 2000 5 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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) Reentry Preferences for Persons Engaged in Business in the Project Area The Commission shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Commission's rules governing owner participation and re-entry. 3. (508) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of Carlsbad Housing and Redevelopment Commission February 23, 2000 6 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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. (510) 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. 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 Carlsbad Housing and Redevelopment Commission February 23, 2000 7 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements ~e of benefit to the Project Area. F. ( 511) 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. (512) 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. (513) Relocation of Persons Displaced by aProject 1. (514) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.) ("Relocation Assistance Act"), the guidelines adopted and promulgated by the California Department of Housing and Community Development ("Relocation Guidelines") and the Rules and Regulations for Implementation of the California Relocation Assistance Law ("Relocation Rules") adopted by the Commission, the Commission shall provide relocation benefits and assistance to all "displaced" persons (including families, business concerns, and others) as may be required by law. Such relocation assistance shall be provided in the manner required by the Relocation Rules. The Commission shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. Carlsbad Housing and Redevelopment Commission February 23, 2000 8 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan The Commission is also authorized to provide relocation for displaced persons outside the Project Area. 2. (515) Relocation Benefits and Assistance The Commission shall provide all relocation benefits required by law and in conformance with the Relocation Rules, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. I. (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste 1. ( 517) 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. (518) Public Improvements To the greatest extent permitted by law, the Commission is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, the Commission may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Exhibit C, attached hereto, and may acquire or pay for land required therefor. Additionally, the Commission is authorized to install and construct, or to cause to be installed and constructed, within or without the Project Area, for itself or for any public body or entity for the benefit of the Project Area, public improvements and public· facilities, including, but not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems; natural gas distribution systems; cable TV and fiber optic communication systems; water distribution systems; parks; trails; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic, cultural and recreational facilities; camping facilities; and pedestrian improvements. The public facilities and infrastructure improvement projects that may be undertaken by the Commission pursuant to this Plan are identified in the General Plan, and capital improvement program, incorporated herein by reference. The Commission, as it deems necessary to carry out the Plan and subject to the consent of the City Council, as may be required by the Redevelopment Law, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is Carlsbad Housing and Redevelopment Commission February 23, 2000 9 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan publicly owned either within or outside the Project Area, upon both the Commission and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Commission may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Commission under such contract shall constitute an indebtedness of the Commission for the purposes of carrying out this Plan. 3. (519) Preparation of Building Sites Any real property owned or acquired by the Commission may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan. 4. (520) Removal of Hazardous Waste To the extent legally allowable, the Commission may, in its sole discretion, take any actions which the Commission determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. J. (521) Rehabilitation, Moving of Structures by the Commission and Seismic Repairs 1. (522) Rehabilitation and Conservation The Commission is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure owned by the Commission. The Commission is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Commission to the extent permitted by the Redevelopment Law. The Commission is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. The Commission is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. Carlsbad Housing and Redevelopment Commission February 23, 2000 IO South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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 Tehabilitation 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. 3. (524) Seismic Repairs For any project undertaken by the Commission within the Project Area for building rehabilitation or alteration in construction, the Commission may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Commission determines are necessary to provide for seismic retrofits. Carlsbad Housing and Redevelopment Commission February 23, 2000 l l South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan K. (525) Property Disposition and Development 1. (526) Real Property Disposition and Development a. (527) General For the purposes of this Plan, the Commission is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Commission is authorized to dispose of real property by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the Commission acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing, together with such findings as may then be required by State Law. The real property acquired by the Commission in the Project Area, except property conveyed by it to the City or any other public body, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the Commission to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the Commission shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the Commission fixes as reasonable, and to comply with other conditions which the Commission deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Commission shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Such development must receive the approval of all appropriate public agencies. Carlsbad Housing and Redevelopment Commission February 23, 2000 12 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan b. (528) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or otherwise disposed of by the Commission, as well as all property subject to Owner Participation Agreements and Disposition and Development Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended, conditional use permits, or other means. Where appropriate, as determined by the Commission, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Commission may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Commission shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Commission shall obligate lessees and purchasers of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to refrain from restricting the rental, sale or lease of the property on the basis of race, color, religion, sex, marital status, ancestry, or national origin of any person. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non-segregation clauses as are required by Redevelopment Law. 2. (529) Personal Property Disposition For the purposes of this Plan, the Commission is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property or any other interest in property by any lawful means. 3. (530) Prevention of Discrimination a. (531) Redevelopment The redeveloper shall comply with all state and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, Carlsbad Housing and Redevelopment Commission February 23, 2000 13 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan color, creed, religion, sex, marital status, national origin or ancestry, in the sale, lease or occupancy of the property. Pursuant to the Redevelopment Law (Sections 33337 and 33435-33436), contracts entered into by the Commission relating to the sale, transfer or leasing of land, or any interest therein acquired by the Commission within any survey area or redevelopment project, shall comply with the provisions of said sections in substantially the form set forth therein. All such contracts shall further provide that the provisions of said sections shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. b. (532) Deeds, Leases, and Contracts All deeds, leases, or contracts which the Commission proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any land in the Project Area shall contain the following nondiscrimination clauses as prescribed by Redevelopment Law, Section 33436: In deeds the following language shall appear: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,· sub lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons. on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or Carlsbad Housing and Redevelopment Commission February 23, 2000 14 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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 oflaw. 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 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. Carlsbad Housing and Redevelopment Commission February 23, 2000 15 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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) Nonconforming Uses The Commission is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The Commission may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the Commission, such improvements would be compatible with surrounding Project Area uses and proposed development. D. (606) Interim Uses Pending the ultimate development of land by developers and participants, the Commission is authorized to use or permit the use of any land in the Project Area for interim uses. Such interim use, however, shall conform to General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Carlsbad Housing and Redevelopment Commission February 23, 2000 16 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan - 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. (610) 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 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 Carlsbad Housing and Redevelopment Commission February 23, 2000 17 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan - optimum use of living plant material in conformance with the standards of the City. • 5. (612) Limitations on Type, Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. 6. (613) ~ 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. (614) 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. (615) 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. (616) 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. 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. Carlsbad Housing and Redevelopment Commission February 23, 2000 18 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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 616 of this Plan. G. (618) 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 Commission February 23, 2000 l 9 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Commission is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, Commission bonds, donations, loans from private financial institutions or any other legally available source. The Commission is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Commission. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in-kind assistance. Any assistance shall be subject to terms established by an agreement between the Commission, City 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 levied by or for any Taxing Agency or Agencies which did not include the Carlsbad Housing and Redevelopment Commission February 23, 2000 20 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan territory in the Project Area on the effective date of the ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Commission to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Commission to finance or refinance, in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Commission is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Commission pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Commission to finance or refinance, in whole or in part, the redevelopment program for the Project Area. 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 February 23, 2000 2 l South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan - Neither the members of the Commission nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Commission are not a debt of the City, County, or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Commission; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. D. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Commission may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (705) Rehabilitation Loans, Grants, and Rebates To the greatest extent allowed by State Law, the Commission and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self-financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Commission and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION VIII. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Commission in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights- of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. Carlsbad Housing and Redevelopment Commission February 23, 2000 22 South Carlsbad Coastal Redevelopment Project 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 February 23, 2000 23 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan SECTION X. (1000) PLAN LIMITATIONS The following financial and time limitations shall apply to this Plan: A. (1001) Amount of Bonded Indebtedness Outstanding At Any One Time The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $100 million, except by amendment to this Plan. B. (1002) Time Frame to Incur Indebtedness The time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 of the Redevelopment Law to finance in whole or in part the redevelopment project shall be a period of twenty (20) years from the effective date of the Ordinance. This limit, however, shall not prevent the Commission from incurring debt to be paid from the low and moderate income housing fund or establishing more debt in order to fulfill the Commission's housing obligations under Section 33413 of the Redevelopment Law. The loans, advances, or indebtedness may be repaid over a period of time longer than this time limit as provided herein. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the Commission beyond this time limitation. This limit shall not prevent the Commission from financing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended beyond the time limit to repay indebtedness required by this section. Provided, however, that the time limits established in this Section 1002 may be extended in the manner provided by applicable law. C. (1003) Duration of This Plan Except for the nondiscrimination and nonsegregation prov1s10ns 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, 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. Carlsbad Housing and Redevelopment Commission February 23, 2000 24 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan 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 February 23, 2000 25 South Carlsbad Coastal Redevelopment Project Draft Redevelopment Plan EXHIBIT A PROJECT AREA MAP OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT -HEDIONDA LAGOON PALOMAR AIRPOR~ ~O PAC/RC OCEAN ,•" f.. :~: .. / --~ .-: ;--~ ,;· . ··. _;::--:· ··,.·.·· ·-.. ,. l -.--.. . · ,,· l ~ .. ,/ !-.. \· . .• . .'. \ \ ••• ~ :• I _;;· :·· ' · BATIQUtTOS--·t:AGOON ____ _ ---- --~-.• ---tACOSTA-,AV - South Carlsbad. Coastal Redevelopment Project □ Project Area 0.5 0 0.5 Miles EXHIBITB LEGAL DESCRIPTION OF THE PROJECT AREA BOUNDARIES -- 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 POINSETI1A LANE, 102.00 FEET WIDE, WITH THE EASTERLY LINE OF CARLSBAD BOULEY ARD, VARIABLE WIDTH; THENCE (1) 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 (2) ALONG SAID NORTH LINE S89°09'36"E, 565.07 FEET TO THE WESTERLY LINE OF TI-IE SAN DIEGO NORTHERN RAILROAD (A.T.&S.F.) RIGHT OF WAY, 200.00 FEET WIDE; THENCE (3) ALONG SAID WESTERLY LINE S20°27'52"E, 1,052.99 FEET TO A POINT NO THE NORTH LINE OF SECTION 33, TOWNSHIP 12 SOUTI-I, RANGE 4 WEST, S.B.M.; THENCE (4) ALONG SAID NORTH LINE S89°59'04"W, 233.90 FEET TO THE WEST LINE OF SAID SECTION 33; THENCE (5) ALONG SAID WEST LINE S00°09'24"W, 110.33 FEET; THENCE (6) LEAVING SAID SECTION LINE S04°41'37"E, 913.85 FEET TO THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; 11-IENCE (7) ALONG SAID EASTERLY LINE S17°30'37"E, 2,303.09 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY ANDHAVINGARADIUSOF2,350.00 FEET, THENCE l (8) 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 1 -- (9) SOUTIIEASTERL Y ALONG SAID LINE TO A POINT ON TIIE 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, SAJD POINT BEING LOCATED S66°46'00"W, 132.63 FEET FROM THE NORTIIEASTERLY CORNER OF SAID LOT 10; THENCE (10) ALONG SAID NORTIIERLY LINE OF LOT 10 AND ITS WESTERLY PROLONGATION S66°46'00"W, TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; TIIENCE (11) MEANDERING IN A NORTIIWESTERL Y DIRECTION ALONG SAID ORDINARY HIGH TIDE 14,000.00 FEET MORE OR LESS TO THE SOUTHERLY LINE OF LOT 24 OF THE POINSETTIA BEACH, UNIT NO. 1 AS PER MAP NO. 3897, RECORDS OF SAN DIEGO COUNTY; THENCE (12) ALONG SAID SOUTHERLY LINE N59°21'10"E, 192.27 FEET TO THE WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE; THENCE (13) ALONG SAID WESTERLY LINE N30°38'50"W, 3,531.15 FEET TO A TANGENT CURVE CONCA VE 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 ORO SUBDIVISION AS PER MAP NO. 3052, RECORDS OF SAN DIEGO COUNTY; THENCE (15) ALONG SAID NORTHERLY LINE S65°54'10"W, 291.21 PEET TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE (16) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID O~DINARY HIGH TIDE, 2,530 FEET MORE OR LESS TO A POINT ON A LINE THAT IS S65°17'40"W, 94.54 FEET AND PERPENDICULAR TO THE WESTERLY LINE OF ~AID CARLSBAD BOULEVARD; THENCE (17) ALONG SAID PERPENDICULAR LINE N65°17'40"W, 94.54 FEET TO A POINT ON SAID WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCA VE WESTERLY AND HA YING A RADIUS OF 4,950.00 FEET; THENCE 2 -- (18) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°10'30", AN ARC DISTA.t"l'CE OF 1,051.84 FEET TO A TANGENT LINE; THENCE (19) CONTINUING ALONG SAJD WESTERLY LINE AND TANGENT LINE N36°57'30"W, 727.67 FEET TO THE NORTHERLY LINE OF LOT H OF THE RANCHO AGUA HEDIONDA, AS PER PARTITION MAP NO. 823, RECORDS OF SAJD SAN DIEGO COUNTY; THENCE (20) ALONG SAJD NORTHERLY LINE N78°02'00"W, 1, 014.32 FEET; THENCE (21) LEAVING SAID NORTHERLY LINE OF LOT H, S30°49'10"E, 237.58 FEET; THENCE (22) S76°47'10"E, 931.69 FEET; THENCE (23) S29°17'10"E, 1,100.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD RIGHT OF WAY, 100.00 FEET WIDE; THENCE (24) ALONG SAID WESTERLY LINE N22°30'29"W, 342.20 FEET; THENCE (25) LEA YING 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 (26) 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: (27) N60°48'00"E, 13.61 FEET; THENCE (28) N79°53'00"E, 35.00 FEET; THENCE (29) N41°25'00"E, 63.50 FEE1; THENCE (30) N69°48'00"E, 39.00 FEET; THENCE , (31) N72°42'00"E, 205.00 FEET; THENCE (32) S67°30'00"E, 332.00 FEET TO A POINT ON THE WESTERLY LINE OF THE INTERSTATE 5 FREEWAY, VARIABLE WIDTH; THENCE 3 - (33) TRAVERSING ACROSS SAID FREEWAY, N81°10'00"E,370.00FEETMOREOR LESS TO A POINT ON THE EASTERLY LINE OF SAID FREEWAY AND THE SOUTHWESTERLY LINE OF SAID AGUA HEDIONDA LAGOON; THENCE (34) SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE THROUGH ITS VARIO US COURSES TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF MAP NO. 7492 RECORDS OF SAID SAN DIEGO COUNTY; THENCE (35) 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 CONCA VE SOUTHWESTERLY AND HA YING A RADIUS OF 949.00 FEET; THENCE (36) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°17'07", AN ARC DISTANCE OF 253.17 FEET TO A TANGENT LINE; THENCE (37) ALONG SAID LINE AND SOUTHERLY LINE OF CANNON ROAD S67°31'14"W, 285 FEET MORE OR LESS TO AN ANGLE _THEREON; THENCE (38) SOUTHWESTERLY, 140 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID INTERSTATE 5 FREEWAY, VARIABLE WIDTH; THENCE (39) 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 ( 40) ALONG SAID WESTERLY LINE S39°57'39"E, 504.90 FEET; THENCE ( 41) LEAVING SAID WESTERLY LINE S61 °24' 41 "W, 251.13, FEET TO THE EASTERLY LINE OF AVENIDA ENCINAS, 70.00 FEET WIDE; THENCE (42) TRAVERSING ACROSS SAID AVENIDA ENCINAS S67°29'31"W, 70.46 FEET TO THE WESTERLY LINE OF SAID STREET; THENCE (43) 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 (44) 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, 3,900.00 FEET MORE OR LESS TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, VARIABLE WIDTH; THENCE ( 46) ALONG SAID SOUTHERLY LINE N66"04'37"W, 185.97 FEET TO THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE (ALL. OF THE REMAINING COURSES ARE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD) (47) Sl1°49'19"W, 68.46 FEET; THENCE (48) S10°54'30"W, 110.29 FEET; THENCE (49) S07°37'57"E, 204.32 FEET; THENCE (50) Sl7°30'33"E, 305.67 FEET; THENCE (51) S24°44'16"E, 2,154.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HA YING A RADIUS OF 5,080.00 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- T AN GENT LINE; THENCE (53) ALONG SAID NON-TANGENT LINE S24°26'19"E, 342.37 FEET; THENCE (54) S63°49'40"E, 141.43 FEET; THENCE (55) S14°35'51"E, 425.67 FEET; THENCE (56) Sl7°19'22"E, 132.00 FEET; THENCE (57) S18°05'14"E, 1,834.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 19,846.00 FEET; THENCE i (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 5 - (59) Sl9°09'02"E, 1,703.61 FE~T TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE LAND WITHIN THE SEVEN (7) SUBDIVISIONS RECORDED AS MAP NOS. 269i, 2758 2867, 3212, 3371, 4064, At'iD 6347 RECORDS OF SAN DIEGO COUNTY. CONTAINING: 555.5 ACRES MORE OR LESS. Doc: 99031.LEG 11/02/99 6 EXHIBIT C LISTING OF THE PROPOSED PROJECTS, PUBLIC FACILITIES, AND INFRASTRUCTURE IMPROVEMENTS PROPOSED PROJECTS AND PROGRAMS Housing Programs Increase and improve the community's supply of affordable housing for very low, low, and moderate income households. Projects include, but are not limited to, the following: 1. Citywide Housing Programs: The Commission will invest housing set-aside funds into affordable housing rehabilitation and development projects throughout the City. Infrastructure Programs Improve pedestrian, bicycle, and vehicular traffic flows, upgrade utilities and drainage systems, enhance public safety, and promote recreational opportunities. Projects include, but are not limited to, the following: 1. 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 A venida Encinas . . 3. Ponto Drive/Carlsbad Boulevard Frontage Roads: Construct curbs, gutters, sidewalks, and street lights. 4. Poinsettia Drive: Widen road and bridge from Carlsbad Boulevard to A venida 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 10-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 modern industrial, commercial, and utility facilities. EXHIBITD DIAGRAM OF PERMITTED LAND USES .•:·, :· ·. -:-•.= .. . .. •. ·.; .· : ' : :· .. .. ,·.· ·. . ~ -:.:{(.t~;_:.:()::.. ,. ·.·. , .. <i-~;:·;yr.r(~:)·_·· I~iiffr.~- '\:\\i-/\:/_+_ . ---:. • -::·: J·• .· :, ~ .·: : :,.: '. .: ::i -: .::··:~:.;:/·:· .: ··::.:·--.: ·.· ~ ... · -.-. ·:: . •:· , .·. .. -:, .· . :••,• . ,··.-:. : . -. --~ ·. -~-. LAGOON -:~-~ // -. -~ , ··-----------........... :__ _______ ~ ~----✓ __ ,,. /~( /_/' _.,...,., ' · .... ·· · .... .- SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT PERMITTED LAND USES OS RMH T-R (- Re,1c:l•n~l Mec:liur-i H,qh D•ns,r, Travel RK,..lt.,01'1.JI Unhbos Project Area Boundary \