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RESOLUTION NO. CDC 1999-49
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING THE DRAFT
REDEVELOPMENT PLAN FOR THE 40TH STREET PROJECT AREA,
AND AUTHORIZING TRANSMITTAL OF THE PROPOSED
REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES, AND
PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA AND
SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND
RECOMMENDATION
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WHEREAS, the Community Development Commission of the City of San Bernardino
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("Commission") has undertaken the required steps for the consideration of the adoption of the
draft Redevelopment Plan for the 40th Street Project Area; and
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WHEREAS, the California Community Redevelopment Law (Health and Safety Code
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Section 33000, et seq.) ("CRL"), provides in Section 33385(a) and 33386 that the Commission
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shall consult with and obtain the advice of persons and organizations within the 40th Street
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Project Area on the proposed Redevelopment Plan prior to its submittal to the City Council; and
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WHEREAS, the CRL provides in Section 33328 that prior to the publication of the
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notice of a joint Commission/City Council public hearing on the proposed Redevelopment Plan
for the 40th Street Project Area ("Redevelopment Plan"), the Commission shall consult with
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each affected taxing agency with respect to the proposed Redevelopment Plan; and
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WHEREAS, the CRL further provides in Section 33356 that prior to a joint public
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hearing on the proposed Redevelopment Plan, the Commission shall submit the proposed
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Redevelopment Plan to the Planning Commission for its report and recommendation.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE AS
FOLLOWS:
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CDC 1999-49
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING THE DRAFT
2 REDEVELOPMENT PLAN FOR THE 40TH STREET PROJECT AREA,
AND AUTHORIZING TRANSMITTAL OF THE PROPOSED
3 REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES, AND
PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA AND
4 SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND
RECOMMENDATION
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Section 1.
The Community Development Commission approves and adopts the Draft
Redevelopment Plan pursuant to Section 33352 of the CRL for the 40th Street Project Area
attached hereto as Attachment A and incorporated herein by reference as the Draft Redevelopment
Plan for the 40th Street Project Area.
Section 2.
The Community Development Commission directs that the proposed
Redevelopment Plan be transmitted to each affected taxing agency for purposes of consultations.
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Commission staff is authorized and directed to consult with the affected taxing agencies with
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respect to the proposed redevelopment plan and the allocation of taxes pursuant to CRL Section
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33670.
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CDC 1999-49
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING THE DRAFT
2 REDEVELOPMENT PLAN FOR THE 40TH STREET PROJECT AREA,
AND AUTHORIZING TRANSMITTAL OF THE PROPOSED
3 REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES, AND
PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA AND
4 SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND
RECOMMENDATION
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a joint reqular
meetin
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thereof held on the 20th day of December
,
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COMMISSION MEMBERS: AYES
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ESTRADA X
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LIEN X
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McGINNIS X
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SCHNETZ X
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SUAREZ X
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ANDERSON X
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MILLER
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, 1999, by the following vote, to wit
NAYS
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved thi~hf- day of December
,1999.
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Norine Miller
Vice Chairman
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CDC 1999-49
DRAFT
REDEVELOPMENT PLAN
FOR THE
40TH STREET REDEVELOPMENT PROJECT
Adopted:
,1999
by Ordinance No. _
Prepared for:
The Economic Development Agency and
The City of San Bernardino
201 North E Street, Suite 301
San Bernardino, California 92401-1507
(909) 384-5081
-+-
Prepared by:
Rosenow Spevacek Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
714/541-4585
CDC 1999-49
TABLE OF CONTENTS
SECTION I.
(100)
INTRODUCTION..........................................................................1
A. Genera1..............................................................................................................1
SECTION II. (200)
GENERAL DEFINITIONS ..........................................................1
SECTION III. (300)
PROJECT AREA BOUNDARIES ...............................................3
SECTION IV. (400)
REDEVELOPMENT PLAN GOALS..........................................3
SECTION V. (500)
REDEVELOPMENT ACTIONS .................................................4
A. General.................................................... ........................... ...............................4
B. Property Acquisition.........................................................................................6
C. Participation by Owners and Persons Engaged in Business.............................?
D. Implementing Ru1es..........................................................................................8
E. Cooperation with Public Bodies .......................................................................9
F. Property Management.................................................... ................................. ..9
G. Payments to Taxing Agencies ..........................................................................9
H. Relocation of Persons Displaced by a Project ................................................1 0
1. Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste ..............................................10
1. Rehabilitation, Moving of Structures by the Commission
and Seismic Repair .........................................................................................12
K. Property Disposition and Development..........................................................13
L. Provision for Low and Moderate Income Housing ........................................16
SECTION VI. (600)
USES PERMITTED IN THE PROJECT AREA .....................20
A. Map and Uses Permitted.................................................................................20
B. Major Land Uses.............................................................................................20
C. Public Uses .....................................................................................................21
D. Conforming Properties.................................................................................. ..22
E. Nonconforming Uses ......................................................................................22
F. Interim Uses.................................................................................................. ..22
G. General Controls and Limitations...................................................................22
H. Design for Development............................................................................... ..25
1. Building Permits............................................................................................ .26
CDC 1999-49
SECTION VII. (700)
METHODS FOR FINANCING THE PROJECT ....................26
A. General Description of the Proposed Financing Methods ..............................26
B. Tax Increment Revenue ..................................................................................27
C. Commission Bonds.........................................................................................28
D. Other Loans and Grants ..................................................................................28
E. Rehabilitation Loans, Grants and Rebates......................................................29
SECTION VIII. (800)
ACTIONS BY THE CITY..........................................................29
SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT .........................30
SECTION X. (1000) PLAN LIMIT A TIONS ................................................................30
A. Effectiveness of the Plan.................................................................................30
B. Limitation on Incurring Debt..........................................................................31
C. Limitation on Receipt of Tax Increment and Payment ofIndebtedness.........31
D. Limitation on the Amount of Bonded Indebtedness.......................................31
SECTION XI
(1100) PROCEDURE FOR AMENDMENT .........................................32
Exhibit A:
Exhibit B:
Exhibit C:
Project Area Map
Legal Description
Public Facilities and Infrastructure Improvements Projects
CDC 1999-49
EXHIBIT A
PROJECT AREA MAP
CDC 1999-49
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CITY OF SAN BERNARDINO
Proposed 40th Street Redevelopment Area
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Project Area
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CDC 1999-49
ATTACHMENT A
DRAFT REDEVELOPMENT PLAN
FOR THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
40TH STREET REDEVELOPMENT PROJECT
SECTION I. (100) INTRODUCTION
A. (10 1) General
This is the Redevelopment Plan for the 40th Street Redevelopment Project Area
("Plan") located in the City of San Bernardino, County of San Bernardino, State
of California. It consists of the text (Sections 100 through 1100), the Project Area
Map of the 40th Street Redevelopment Project Area ("Project Area") (Exhibit A),
the legal description of the Project Area boundaries (Exhibit B), and a listing of
the proposed projects, public facilities, and infrastructure improvement projects
(Exhibit C).
This Plan has been prepared by the Community Development Commission of the
City of San Bernardino ("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 within
which specific development plans will be presented, priorities for specific projects
will be established, and specific solutions will be proposed and by which tools are
provided to the Commission to fashion, develop and proceed with such specific
plans, projects and solutions. This Plan is based upon the Preliminary Plan
formulated and adopted by the Community Development Commission of the City
of San Bernardino ("Commission") on September 20, 1999.
SECTION II. (200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless
otherwise specified herein:
A. "Commission" means the Community Development Commission of the
City of San Bernardino.
B. "Commission Board" means the governing body of the Commission.
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C. "Adopting Ordinance" means Ordinance No. adopted by the City
Council on , 1999, adopting this Plan for the 40th Street
Redevelopment Project Area.
D. "City" means the City of San Bernardino, California.
E. "City Council" means the legislative body of the City.
F. "County" means the County of San Bernardino, California.
G. "Disposition and Development Agreement" means an agreement between
a developer and the Commission that sets forth terms and conditions for
improvement and redevelopment.
H. "General Plan" means the City's General Plan, a comprehensive and long-
term General Plan for the physical development of the City as provided for
in Section 65300 of the California Government Code.
1. "Map" means the Map of the Project Area attached hereto as Exhibit A.
J. "Method of Relocation" means the methods or plans adopted by the
Commission pursuant to Sections 33352(f) and 33411 of the
Redevelopment Law for the relocation of families, persons, businesses,
and nonprofit local community institutions to be temporarily or
permanently displaced by actions of the Commission.
K. "Owner Participation Agreement" means an agreement between the
Commission and a property owner or tenant that sets forth terms and
conditions for improvement and redevelopment.
L. "Owner Participation Rules" means the Rules Governing Participation and
Reentry Preferences by Property Owners, Operators of Businesses, and
Business Tenants for the 40th Street Redevelopment Project Area.
M. "Person" means an individual(s), or any public or private entities.
N. "Plan" means the Redevelopment Plan for the 40th Street Redevelopment
Project Area.
O. "Project" means the 40th Street Redevelopment Project Area.
P. "Project Area" means the 40th Street Redevelopment Project Area, which
is the territory this Plan applies to, as shown on Exhibit A.
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CDC 1999-49
Q. "Redevelopment Law" means the California Community Redevelopment
Law (Health and Safety Code, Sections 33000, et seq.).
R. "State" means the State of California.
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.
SECTION IV. (400) REDEVELOPMENT PLAN GOALS
Implementation of this Plan is intended to achieve the following goals:
1. Implement the policies, goals, objectives and strategies as
presented in the General Plan for the City of San Bernardino.
2. Eliminate and prevent the spread of conditions of blight, including
but not limited to: underutilized properties and deteriorating
buildings, incompatible and uneconomic land uses, deficient
infrastructure and facilities, obsolete structures, parking
deficiencies and other economic deficiencies, in order to create a
more favorable environment for commercial, office, and residential
development.
3. Provide opportunities for retail and other non-residential
commercial and office uses.
4. Promote the economic development of the Project Area by
providing an attractive, well-serviced, well-protected environment
for all residents and visitors.
5. Improve public facilities and public infrastructure to provide
adequate infrastructure facilities and public services.
6. Promote local job opportunities in the community.
7. Encourage the cooperation and participation of residents,
businesses, business persons, public agencies, and community
organizations in the economic revitalization of the Project Area.
8. Implement design and use standards to assure high aesthetic and
environmental quality, and provide unity and integrity to
developments within the Project Area.
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CDC 1999-49
9. Provide and regulate the provision of the supply of parking to meet
the needs of both residents and commercial businesses.
10. Remove impediments to land disposition and development through
the assembly of property into reasonably sized and shaped parcels
served by improved infrastructure and public facilities.
11. Recycle and/or develop underutilized parcels to accommodate
higher and better economic uses while enhancing the City's
financial resources.
12. Increase home ownership in the residential portion of the Project
Area.
13. Increase, improve, and preserve the supply of housing, especially
housing affordable to very low, low and moderate-income
households.
SECTION V. (500) REDEVELOPMENT ACTIONS
A. (501) General
The Commission proposes to eliminate and prevent the recurrence of blight, and
improve the economic base of the Project Area by:
1. Acquiring, installing, developing, constructing, reconstructing,
redesigning, planning, replanning, or reusing streets, curbs, gutters,
sidewalks, traffic control devices, utilities, flood control facilities
and other public improvements and public facilities.
2. Rehabilitating, altering, remodeling, improving, modernizing,
clearing, or reconstructing buildings, structures and improvements.
3. Rehabilitating, preserving, developing or constructing affordable
housing in compliance with State law.
4. Providing the opportunity for owners and tenants presently located
in the Project Area to participate in redevelopment projects and
programs, and extending preferences to occupants to remain or
relocate within the redeveloped Project Area.
5. Providing relocation assistance to displaced residential and
nonresidential occupants, if necessary.
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6. Facilitating the development or redevelopment ofland for purposes
and uses consistent with this Plan.
7. Acquiring real property by purchase, lease, gift, grant, request,
devise or any other lawful means (including eminent domain), after
the conduct of appropriate hearings.
8. Combining parcels and properties where and when necessary.
9. Preparing building sites and constructing necessary off-site
improvements.
10. Providing assistance for first-time homebuyers, housing
rehabilitation, and multiple-family rental property rehabilitation
programs.
11. Managing property owned or acquired by the Commission.
12. Assisting in procuring financing for the construction of residential,
commercial, and office buildings to increase the residential and
commercial base of the Project Area, and the number of temporary
and permanent jobs in the City.
13. Disposing of property including, without limitation, the lease or
sale of land at a value determined by the Commission for reuse in
accordance with this Plan.
14. Establishing controls, restrictions or covenants running with the
land, so that property will continue to be used in accordance with
this Plan.
15. Vacating or abandoning streets, alleys, and other thoroughfares, as
necessary, and dedicating other areas for public purposes
consistent with the objectives of this Plan.
16. Providing replacement housing, if any is required.
17. Applying for and utilizing grants, loans and any other assistance
from federal or State governments, or other sources.
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18. Taking actions the Commission determines are necessary and
consistent with State, federal and local laws to make structural
repairs to buildings and structures, including historical buildings,
to meet building code standards related to seismic safety.
19. Taking actions the Commission determines are necessary and
consistent with State, federal and local laws to remedy or remove a
release of hazardous substances on, under or from property within
the Project Area or to remove hazardous waste from property.
20. From time to time preparing and carrying out plans for the
improvement, rehabilitation, and redevelopment of blighted areas,
disseminating redevelopment information and creating a variety of
economic development programs which will help build a stronger
economic base within the Project Area. A Commission program
may consist of assisting businesses with the following: advertising
in brochures, promoting trade fairs, creating displays, developing
videos, and any other appropriate media which will attract other
businesses and consumers to the area. The Commission may also
assist with job training programs, moving expenses, and providing
other incentives to attract industrial type businesses to the area
such as tax credits.
21. Assisting businesses in the Project Area with facade improvements
and general rehabilitation by providing loans and grants.
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, any interest in property, and
any improvements on it by any means authorized by law including,
without limitation, by gift, grant, exchange, purchase, cooperative
negotiations, lease, option, bequest, devise or eminent domain.
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
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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 by executing an Owner Participation Agreement.
Except as otherwise provided herein, or otherwise provided by law, no
eminent domain proceeding to acquire property within the Project Area
shall be commenced after twelve (12) years following the effective date of
adoption of the Adopting Ordinance. Such time limitation may be
extended only by amendment of this Plan.
2. (504) Acquisition of Personal Property
Where necessary in the implementation of this Plan, the Commission is
authorized to acquire personal property in the Project Area by any lawful
means.
C. (505) Participation by Owners and Persons Engaged in Business
1. (506) Owner Participation
This Plan provides 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 minimum
factors as the expansion of public utilities or facilities; elimination and
changing of land uses; realignment of streets; the ability of the
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Commission and/or owners and business tenants to finance acquisition and
development activities in accordance with this Plan; and whether the
proposed activities conform to and further the goals and objectives of this
Plan.
2. (507) Reentry Preferences for Persons Engaged in Business in the
Project Area
The Commission shall extend reasonable preferences to persons who are
engaged in business in the Project Area to relocate and reenter in business
in the redeveloped area, if they otherwise meet the requirements prescribed
by this Plan and the Commission's rules governing owner participation and
re-entry.
3. (508) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan
and be subject to the provisions hereof. Pursuant to the Owner
Participation Agreement, participants who retain real property shall be
required to join in the recordation of such documents as are necessary to
make the provisions of this Plan applicable to their properties.
In the event a participant breaches the terms of an Owner Participation
Agreement, the Commission may declare the Agreement terminated and
may acquire the real property or any interest therein, and may sell or lease
such real property or interest therein for rehabilitation or development in
accordance with this Plan. 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 such an agreement.
D. (509) Implementing Rules
The provisions of Sections 505-508 of this Plan shall be implemented according
to the Owner Participation Rules adopted by the Commission prior to the adoption
of the Adopting Ordinance, which may be amended from time to time by the
Commission. Such Owner Participation Rules allow for Owner Participation
Agreements with the Commission.
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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.
The Commission is authorized to acquire real property devoted to public use, but
property of a public body shall not be acquired without its consent. The
Commission shall seek the cooperation of all public bodies, which own or intend
to acquire property in the Project Area. Any public body that owns or leases
property in the Project Area will be afforded all the privileges of owner and
business tenant participation if such public body is willing to enter into an Owner
Participation Agreement with the Commission. All plans for development of
property in the Project Area by a public body shall be subject to Commission
approval.
The Commission may impose on all public bodies the planning and design
controls contained in and authorized by this Plan to ensure that present uses and
any future development by public bodies will conform to the requirements of this
Plan. The Commission is authorized, to the extent permissible by law, to
financially (and otherwise) assist public bodies in the cost of public land,
buildings, facilities, structures or other improvements (within or outside the
Project Area) where such land, buildings, facilities, structures, or other
improvements are of benefit to the Project Area.
F. (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 that is tax exempt, 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 that may not
exceed the amount of money the public entity would have received if the property
had not been tax exempt.
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The Commission will also be required to make statutory pass-through payments
to affected taxing entities in accordance with Redevelopment Law.
H. (513) Relocation of Persons Displaced by a Project
1. (514) Relocation Program
In accordance with the provisions of the California Relocation Assistance
Law (Government Code Section 7260, et seq.), the guidelines adopted and
promulgated by the California Department of Housing and Community
Development (the "Relocation Guidelines") and the Method of Relocation
adopted by the Commission, the Commission shall provide relocation
benefits and assistance to all persons (including families, business
concerns and others) displaced by Commission acquisition of property in
the Project Area or as otherwise required by law. Such relocation
assistance shall be provided in the manner required by the Method of
Relocation. In order to carry out a redevelopment project with a minimum
of hardship, the Commission will assist displaced households in finding
decent, safe and sanitary housing within their financial means and
otherwise suitable to their needs. The Commission shall make a
reasonable effort to relocate displaced individuals, families, and
commercial and professional establishments within the Project Area. The
Commission is also authorized to provide relocation for displaced persons
outside the Project Area.
2. (515) Relocation Benefits and Assistance
The Commission shall provide all relocation benefits required by law and
in conformance with the Method of Relocation, 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.
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2. (518) Public Improvements
To the 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. Such public
improvements include, but are 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 systems; water distribution systems; parks; plazas; playgrounds;
motor vehicle parking facilities; landscaped areas; schools; libraries; civic,
cultural, and recreational facilities; pedestrian improvements, or other
improvements allowed by Redevelopment Law. All utility improvements
will be completed pursuant to Chapters 12.40 and 12.44 of the San
Bernardino Municipal Code. A list of proposed public facilities and
infrastructure improvement projects is included in the project list set forth
in Exhibit C and incorporated herein by reference.
The Commission, as it deems necessary to carry out the Plan and subject
to the consent of the City Council, may pay all or part of the value of the
land for and the cost of the installation and construction of any building
allowed by Redevelopment Law, facility, structure or other improvement
which is publicly owned either within or outside the Project Area, upon
both the Commission Board 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
The Commission may develop as a building site any real property owned
or acquired by it. 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
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other public improvements necessary for carrying out this Plan in the
Project Area.
4. (520) Removal of Hazardous Waste
To the extent legally allowable, the Commission may take any actions that
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.
1. (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 in the
Project Area 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.
It shall be the purpose of this Plan to allow for the retention of as many
existing businesses as practicable and to enhance the economic life of
these businesses by a program of voluntary participation in their
conservation and rehabilitation. The Commission is authorized to conduct
a program of assistance and enforcement to encourage owners of property
within the Project Area to upgrade and maintain their property consistent
with this Plan and such standards as may be developed for the Project
Area.
The extent of rehabilitation in the Project Area shall be subject to the
discretion of the Commission based upon such objective factors as:
a. Compatibility of rehabilitation with land uses as
provided for in this Plan.
b. Economic feasibility of proposed rehabilitation and
conservation activity.
c. Structural feasibility of proposed rehabilitation and
conservational activity.
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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 III
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 which can be relocated to a
location within or outside the Project Area, and rehabilitated.
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.
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 sale or lease
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
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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.
Except as otherwise permitted by law, no real property acquired by
the Commission, in whole or in part, directly or indirectly, with tax
increment, or any interest therein, shall be sold or leased for
development pursuant to the Plan for an amount less than its fair
market value, or the fair reuse value at the use and with the
covenants, conditions and development costs authorized by the sale
or lease.
Unless otherwise permitted by law, the real property acquired by
the Commission in the Project Area shall be leased or sold, except
property conveyed by the Commission to the community or any
other public body. Any such lease or sale shall be conditioned on
the redevelopment and use of the property in conformity with the
Redevelopment 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 City's planning and zoning ordinances,
building, environmental and other land use development standards.
Such development must receive the approval of all appropriate
public agencies.
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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 conveyed by the Commission, as
well as all property subject to Owner Participation Agreements,
shall be made subject to the provisions of this Plan by leases,
deeds, contracts, agreements, declarations of restrictions,
provisions of the planning and zoning ordinances of the City,
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,
and covenants running with the land, rights of reversion by the
owner, 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 purchasers and lessees of real
property acquired in redevelopment projects and owners of
property improved as part of a redevelopment project to refrain
from discrimination or segregation based upon race, color, creed,
religion, national origin, ancestry, sex, or marital status in the sale,
lease, sublease, transfer, use occupancy, tenure or enjoyment of
property in the Project Area. All property sold, leased, conveyed,
or subject to Disposition and Development Agreements shall be
expressly subject by appropriate documents to the restriction that
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
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.
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L. (530) Provision for Low and Moderate Income Housing
1. (531) Definition of Terms
Unless otherwise permitted or required by law, the terms "affordable
housing cost", "replacement dwelling unit", "persons and families of low
or moderate income", "substantially rehabilitated dwelling units" and
"very low income households" as used herein shall have the meanings as
now defined by the Redevelopment Law, or may hereafter be amended,
and other State and local laws and regulations pertaining thereto.
2. (532) Authority Generally
The Commission may, inside or outside the Project Area: acquire real
property, buildings sites, buildings or structures, donate real property,
improve real property or building sites, construct or rehabilitate buildings
or structures, and take any other such actions as may be permitted by the
Redevelopment Law, in order to provide housing for persons and families
of low or moderate income.
3. (533) Replacement Housing
Except as otherwise permitted by law, whenever dwelling units housing
persons and families of low or moderate income are destroyed or removed
from the low and moderate income housing market as part of a
redevelopment project, the Commission shall, within four years of such
destruction or removal, rehabilitate, develop or construct, or cause to be
rehabilitated, developed or constructed, for rental or sale to persons and
families of low or moderate income, an equal number of replacement
dwelling units which have an equal or greater number of bedrooms as
those destroyed or removed units at affordable housing costs within the
territorial jurisdiction of the Commission. Except as otherwise permitted
by law, seventy-five percent (75%) of the replacement dwelling units shall
replace dwelling units available at affordable housing costs in the same
income level of very low income households, lower income households,
and persons and families of low and moderate income as the persons
displaced from those units destroyed. The Commission may replace
destroyed or removed dwelling units housing persons and families of low
or moderate income with a fewer number of replacement dwelling units if
the replacement dwelling units have a greater or equal number of
bedrooms and are affordable to the same income level of households as the
destroyed or removed units to the extent permissible by law as it now
exists or may hereafter be amended.
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4. (534) New or Rehabilitated Dwelling Units Developed Within the
Project Area
Unless otherwise permitted by law, at least thirty percent (30%) of all new
and substantially rehabilitated dwelling units developed by the
Commission shall be available at affordable housing cost to persons and
families of low or moderate income and of such thirty percent (30%), not
less than fifty percent (50%) shall be available to and occupied by very
low income households. Unless otherwise permitted by law, at least
fifteen percent (15%) of all new and substantially rehabilitated dwelling
units developed within the Project Area by public or private entities or
persons other than the Commission shall be available at affordable
housing cost to persons and families of low or moderate income and of
such fifteen percent (15%), not less than forty percent (40%) shall be
available at affordable housing cost to very low income households. The
percentage requirements set forth in this Section 534 shall apply
independently of the requirements of Section 533 of this Plan and in the
aggregate to the supply of housing to be made available pursuant to this
Section 534 and not to each individual case of rehabilitation, development
or construction of dwelling units.
Pursuant to Section 33413(b)(4) of the Redevelopment Law, the
Commission shall prepare and adopt a plan to comply with the
requirements set forth above, for the Project Area. The plan shall be
consistent with, and may be included within the Housing Element of the
City's General Plan. Unless otherwise permitted by law, the plan shall be
reviewed and, if necessary, amended at least every five (5) years in
conjunction with the housing element cycle. Unless otherwise permitted
by law, the plan shall ensure that the requirements of this section are met
every ten (10) years.
Except as otherwise permitted by law, the Commission shall require, by
contract or other appropriate means, that whenever any low and moderate
income housing units are developed within the Project Area, such units
shall be made available on a priority basis for rent or purchase, whichever
the case may be, to persons and families of low or moderate income
displaced by the Project; provided, however, that failure to give such
priority shall not affect the validity of title to the real property upon which
such housing units have been developed.
5. (535) Duration of Dwelling Unit Availability
Unless otherwise permitted by law, the Commission shall require the
aggregate number of dwelling units rehabilitated, developed or constructed
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pursuant to Sections 533 and 534 of this Plan to remain available at
affordable housing cost to very low income, low income, and moderate
income households for the longest feasible time, as determined by the
Commission, but for not less than the period of the residential land use
controls established in Section X of this Plan.
6. (536) Relocation Housing
If insufficient suitable housing units are available in the City for use by
persons and families of low or moderate income displaced by a Project,
the Commission may, to the extent of that deficiency, direct or cause the
development, rehabilitation or construction of housing units within the
City, both inside and outside the Project Area.
7. (537) Increased and Improved Supply
Except as otherwise permitted by law, not less than twenty percent (20%)
of all taxes which are allocated to the Commission pursuant to subdivision
(b) of Section 33670 of the Redevelopment Law and Section 702(2) and
(3) of this Plan shall be used by the Commission for the purposes of
increasing, improving and preserving the City's supply of low and
moderate income housing available at affordable housing cost as defined
by Section 50052.5 of the California Health and Safety Code, to persons
and families of low or moderate income, as defined in Section 50093 of
the California Health and Safety Code, and very low income households,
as defined in Section 50105 of the California Health and Safety Code,
unless one or more applicable findings are made pursuant to the
Redevelopment Law.
The funds for this purpose shall be held in a separate Low and Moderate
Income Housing Fund until used. Any interest earned by such Low and
Moderate Income Housing Fund shall accrue to the Housing Fund.
In implementing this Section 537 of the Plan, the Commission may
exercise any or all of its powers including, but not limited to, the
following:
1. Acquire real property or building sites subject to Section
33334.16 of the Redevelopment Law.
2. Improve real property or building sites with on-site or off-
site improvements, but only if either (A) the improvements
are made as part of a program which results in the new
construction or rehabilitation of affordable housing units
for low- or moderate-income persons that are directly
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benefited by the improvements or (B) the agency finds that
the improvements are necessary to eliminate a specific
condition that jeopardizes the health or safety of existing
low- or moderate-income residents.
3. Donate real property to private or public persons or entities.
4. Finance insurance premiums pursuant to Section 33136 of
the Redevelopment Law.
5. Construct buildings or structures.
6. Acquire buildings or structures.
7. Rehabilitate buildings or structures.
8. Provide subsidies to, or for the benefit of, very low income
households, as defined by Section 50105 of the California
Health and Safety Code, lower income households, as
defined by Section 50079.5 of the California Health and
Safety Code, or persons and families of low or moderate
income, as defined by Section 50093 of the California
Health and Safety Code, to the extent those households
cannot obtain housing at affordable costs on the open
market. Housing units available on the open market are
those units developed without direct government subsidies.
9. Develop plans, pay principal and interest on bonds, loans,
advances, or other indebtedness or pay financing or
carrying charges.
10. Maintain the community's supply of mobile homes.
11. Preserve the availability to lower income households of
affordable housing units in housing developments which
are assisted or subsidized by public entities and which are
threatened with imminent conversion to market rates.
The Commission may use these funds to meet, in whole or in part, the
replacement housing provisions in Section 533 of this Plan. These funds may be
used inside or outside the Project Area; however, these funds may be used outside
the Project Area only if findings of benefit to the Project Area are made pursuant
to the Redevelopment Law.
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8. (538) Duration of Affordability
Except as provided in Section 33334.3 of the Redevelopment Law, or as
otherwise permitted by law, all new or substantially rehabilitated housing units
developed or otherwise assisted with moneys from the Low and Moderate Income
Housing Fund pursuant to an agreement approved by the Commission shall be
required to remain available at affordable housing cost to persons and families of
low or moderate income and very low income households for the longest feasible
time, but for not less than the following periods of time:
a. Fifteen years for rental units. However, the Commission may
replace rental units with equally affordable and comparable rental
units in another location within the City if (i) the replacement units
are available for occupancy prior to the displacement of any persons
and families of low or moderate income residing in the units to be
replaced and (ii) the comparable replacement units are not developed
with moneys from the Low and Moderate Income Housing Fund.
b. Ten years for owner-occupied units. However, the Commission may
permit sales of owner-occupied units prior to the expiration of the
10-year period for a price in excess of that otherwise permitted
under this subdivision pursuant to an adopted program that protects
the Commission's investment of moneys from the Low and
Moderate Income Housing Fund.
SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA
A. (601) Map and Uses Permitted
Pursuant to Section 33333 of the Redevelopment Law, the Map, attached hereto
as Exhibit A and incorporated herein, illustrates the location of the Project Area
boundaries, the immediately adjacent streets, and existing public rights-of-way.
The land uses permitted by this Plan shall be those permitted by the General Plan
and City zoning ordinances as they now exist or may hereafter be amended.
B. (602) Major Land Uses (as now provided in the General Plan)
Major land uses permitted within the Project Area shall include: Commercial
(General and Office) and Low Density Residential (1-7 dwelling units/acre). The
areas shown on the plan maps may be used for any of the uses specified for or
permitted within such areas by the General Plan and zoning ordinances as they
exist or are hereafter amended in the future.
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C. (603) Public Uses
1. (604) Public Street Layout, Rights-of- Way and Easements
Pursuant to Section 33333(a) of the Redevelopment Law, the public street
system for the Project Area is illustrated on the Project Area Map
identified as Exhibit A. The street system in the Project Area shall be
developed in accordance with the Circulation Element of the General Plan.
Primary streets in the Project Area include:
40th Street
Sierra Way
Waterman Avenue
Electric Avenue
Mountain View Avenue
Ralston Avenue
Sonora Drive
42nd Street
44th Street
49th Street
Certain streets and rights-of-way may be constructed, widened, altered,
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. (605) Other Public and Open Space Uses
Both within and, where appropriate, outside of the Project Area, the
Commission is authorized to permit, 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; facilities for educational, fraternal,
philanthropic and charitable institutions; or other similar associations or
organizations allowed by Redevelopment Law. 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. Pursuant to Section 33333 (a) of the Redevelopment
Law, there is currently no open space in the Project Area and there are no
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specific plans as of the date of the Adopting Ordinance, for the provision
of open space, or property to be devoted to public purposes in the Project
Area. Pursuant to Section 33333 (d) of the Redevelopment Law, there is
no property designated by the General Plan as devoted to public purposes
within the Project Area.
D. (606) Conforming Properties
The Commission may, in its sole and absolute discretion, determine that certain
real properties within the Project Area meet the requirements of this Plan, and the
owners of such properties may be permitted to remain as owners of conforming
properties without an Owner Participation Agreement with the Commission,
provided such owners continue to operate, use, and maintain the real properties
within the requirements of this Plan. An owner of a conforming property may be
required by the Commission to enter into an Owner Participation Agreement with
the Commission in the event that such owner desires to (1) construct any
additional improvements or substantially alter or modify existing structures on
any of the real property described above as conforming; or (2) acquire additional
property within the Project Area.
E. (607) Nonconforming Uses
The Commission is authorized but not required to permit an eXlstmg 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, but is not required to, authorize additions, alterations,
repairs or other improvements in the Project Area for uses 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.
F. (608) 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 not in conformity with the uses permitted in this Plan. Such
interim use, however, shall conform to all applicable sections of the City codes
other than permitted uses.
G. (609) 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,
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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 all
applicable City codes and ordinances. The land use controls of this Plan shall
apply for the periods set forth in Section X below. The type, size, height, number
and use of buildings within the Project Area will be controlled by the applicable
City planning and zoning ordinances as they now exist or may hereafter be
amended.
1. (610) 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 applicable City
codes, ordinances, or other requirements governing development 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. (611) Rehabilitation
Any existing structure within the Project Area which the Commission
shall approve for retention and rehabilitation shall be repaired, altered,
reconstructed, or rehabilitated 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. (612) 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 the Adopting
Ordinance, there are approximately 639 dwelling units in the Project Area.
Pursuant to Section 33333 (c) of the Redevelopment Law, portions of the
Project Area designated as residential uses in the General Plan are shown
graphically and by diagram in Exhibit A.
4. (613) 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 Land Use Element of the
General Plan and those areas in the public rights-of-way or provided
through site coverage limitations on new development as established by
the City and this Plan. Landscaping shall be developed in the Project Area
to ensure optimum use of living plant material in conformance with the
standards of the City.
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5. (614) Limitations on Type, Size, Height, Number and Proposed Use of
Buildings
Pursuant to Section 33333 (b) of the Redevelopment Law, the limits on
building type, size, height, and number, as well as proposed uses of
buildings shall be established in accordance with the provisions of the
General Plan and the zoning ordinances, as they now exist or are hereafter
amended. Diagram(s) and general descriptions of these limitations are
provided in the General Plan and the zoning ordinances.
6. (615) Signs
All signs shall conform to the City's requirements. Design of all proposed
new signs shall be submitted prior to installation to the appropriate
governing bodies of the City and/or the Commission for review and
approval pursuant to the Municipal Code of the City and procedures
permitted by this Plan. New signs must contribute to a reduction in sign
blight.
7. (616) Utilities
The Commission shall require that all utilities be placed underground
whenever physically possible and economically feasible.
8. (617) Incompatible Uses
No use or structure which is by reason of appearance, traffic, parking,
smoke, glare, noise, odor, or similar factors incompatible with the
surrounding areas, structures, or uses shall be permitted in any part of the
Project Area, except as otherwise permitted by the City.
9. (618) 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, and, if necessary for purposes of this Plan, the
Commission.
10. (619) Minor Variations
The Commission is authorized to permit minor 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:
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a. The application of certain provIsiOns of this Plan would
result in practical difficulties or unnecessary hardships
inconsistent with the general purposes and intent of this Plan.
b. There are exceptional circumstances or conditions applicable
to the property or to the intended development of the
property, which do not apply generally to other properties
having the same standards, restrictions, and controls.
c. Permitting a variation will not be materially detrimental to
the public welfare or injurious to property or improvements
in the area.
d. Permitting a variation will not be contrary to the objectives
of this Plan.
No such variation shall be granted which permits 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.
H. (620) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to
the provisions of Sections 601 and 609 herein, the Commission is authorized to
establish heights of buildings, land coverage, setback requirements, parking
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 619 of this Plan.
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I. (621) 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.
The Commission is authorized to establish permit procedures and approvals
required for purposes of this Plan. A building permit shall be issued only after the
applicant for same has been granted all approvals required by the City and the
Commission at the time of application.
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
Commission, 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 Commission 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.
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B. (702) Tax Increment Revenue
All taxes levied upon taxable property within the Project Area each year by or for
the benefit of the State, County, City or other public corporation (hereinafter
called "Taxing Agency" or "taxing agencies") after the effective date of the
Adopting 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
Adopting Ordinance, shall be allocated to and when collected shall
be paid to the respective Taxing Agencies as taxes by or for said
Taxing Agencies on all other property are paid (for the purpose of
allocating taxes levied by or for any Taxing Agency or Agencies
which did not include the territory in the Project Area on the
effective date of the Adopting 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 Adopting 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
redevelopment project. 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.
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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.
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 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 indebtedness within
the meaning of any constitutional or statutory debt limitation or restriction.
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 the limit as stated in Section 1004
of this Plan, except by amendment to this Plan.
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
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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
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.
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, of appropriate design controls
within the limits of this Plan in the Project Area to ensure proper
development and use of land.
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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 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.
SECTION X. (1000) PLAN LIMITATIONS
A. (IDOl) Effectiveness of the Plan
Except for the non-discrimination and non-segregation provisions which shall run
in perpetuity, and except as otherwise 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 effective date of adoption
of the Adopting Ordinance approving this Plan.
After the time limit on the effectiveness of the Plan has expired, 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.
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B. (1002) Limitation on Incurring Debt
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 is
twenty (20) years from the date of adoption of the Adopting Ordinance approving
this Plan. 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 refinancing, 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 law.
C. (1003) Limitation on Receipt of Tax Increment and Payment ofIndebtedness
Except as otherwise provided herein, the limitation on the receipt of tax increment
and the payment of indebtedness with the proceeds of property taxes received
pursuant to Section 33670 of the Redevelopment Law is forty-five (45) years from
the date of adoption of the Adopting Ordinance approving this Plan.
D. (1004) Limitation on the Amount of Bonded Indebtedness
This Plan authorizes the issuance of bonds to be repaid in whole or in part from
the allocation of taxes pursuant to Redevelopment Law Section 33670. The
amount of bonded indebtedness which can be outstanding at one time and payable
in whole or in part from tax allocations attributable to the Project Area shall be
limited to $20 million adjusted annually in accordance with the Los Angeles-
Riverside-Orange County Consumer Price Index (CPI) for all urban consumers
(where 1982-84 equals 100), published by the Bureau of Labor Statistics of the
U.S. Department of Labor. In the event the CPI ceases to be published, an
acceptable replacement index shall be applied. If other sources of payment are
lawfully combined with tax allocations, there shall be no limit as to the amount of
bonded indebtedness serviceable from such other source of funds, except that
proportion of the total bonded indebtedness which is attributable to being serviced
from tax allocations shall not at one time exceed such figure of $20 million
adjusted annually in accordance with the CPI.
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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.
This Plan is to be liberally construed and not interpreted as a limitation on the powers of
the Commission. Notwithstanding any provision in this Plan to the contrary, the
Commission may hereby utilize all powers of a redevelopment agency pursuant to the
Redevelopment Law and all other applicable laws, as the same now exists or may
hereafter be amended.
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EXHIBIT B
LEGAL DESCRIPTION
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CITY OF SAN BERNARDINO
40TH STREET REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
BEING THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SUB-AREA 1
BEGINNING AT A POINT AT THE INTERSECTION OF THE CENTERLINE OF 44TH
STREET AND SEPULVEDA AVENUE, FORMERLY ARROWHEAD BOULEVARD, AS SHOWN
ON TRACT NO. 1834, AS RECORDED IN BOOK 26, PAGE 52, OF MAPS,
RECORDS OF SAN BERNARDINO COUNTY;
(1) THENCE SOUTHERUl ALONG SAID CENTERLINE OF SEPULVEDA BOULEVARD,
SOUTH, A DISTANCE OF 798.00 FEET, TO A POINT ON THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOT 3 OF BLOCK 4 OF SAID
TRACT NO. 1834;
(2) THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION AND NORTHERLY
LINE OF LOT 3, N89043'00"E, A DISTANCE OF 170.00 FEET, TO THE
NORTHEASTERLY CORNER OF SAID LOT 3;
(3) THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH,
A DISTANCE OF 27.00 FEET, TO A POINT ON THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOTS 14 THROUGH 21 OF
SAID BLOCK 4 OF TRACT 1834;
(4) THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION, NORTHERLY
LINE AND ITS EASTERLY PROLONGATION, N89 0 43' OO"E, A DISTANCE OF
1,067.12 FEET TO A POINT ON THE CENTERLINE OF WATERMAN AVENUE
AS SHOWN ON SAID TRACT NO. 1834;
(5) THENCE SOUTHERLY ALONG SAID CENTERLINE OF WATERMAN AVENUE,
SOO 019' OO"E A DISTANCE OF 897.33 FEET, TO A POINT ON THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 52 OF TRACT
NO. 4506, AS RECORDED IN BOOK 59, PAGES 33 AND 34, OF MAPS,
RECORDS OF SAID COUNTY;
(6) THENCE WESTERLY ALONG SAID EASTERLY PROLONGATION AND NORTHERLY
LINE AND ITS WESTERLY PROLONGATION, S890 51' 20"W, A DISTANCE OF
266.58 FEET, TO THE MOST NORTHWESTERLY CORNER OF LOT 53 OF
SAID TRACT NO. 4506;
(7) THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT
53 AND ITS SOUTHWESTERLY PROLONGATION, S38 012' 25"W, A DISTANCE
OF 130.78 FEET TO A POINT ON THE CENTERLINE OF SONORA DRIVE AS
SHOWN ON SAID TRACT NO. 4506;
THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID
CENTERLINE OF SONORA DRIVE ALONG THE FOLLOWING VARIOUS
COURSES:
(8) N51047'35"N, A DISTANCE OF 200.00 FEET;
CDC 1999-49
(9) ~ = 90"00'00", R = 150.00 FEET, L = 235.62 FEET;
(10) S38"12'25"W, A DISTANCE OF 100.00 FEET;
(11) ~ = 05"43'10" , R = 3,397.39 FEET, L = 339.14 FEET;
(12) S43"55'35"W, A DISTANCE OF 45.00 FEET;
TO THE INTERSECTION OF THE CENTERLINE OF RALSTON AVENUE, AS
SHOWN ON SAID TRACT NO. 4506;
(13) THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF RALSTON AVENUE,
N46"04'25"W, A DISTANCE OF 45.00 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 460.64
FEET;
(14) THENCE CONTINUING NORTHWESTERLY ALONG SAID CENTERLINE OF
RALSTON AVENUE AND CURVE THROUGH A CENTRAL ANGLE OF 43" 35150",
AN ARC DISTANCE OF 350.51 FEET;
(15) THENCE WESTERLY CONTINUING ALONG SAID CENTERLINE OF RALSTON
AVENUE N89" 40 115"W, A DISTANCE OF 1,206.50 FEET, TO THE
INTERSECTION OF THE CENTERLINE OF MOUNTAIN VIEW AVENUE, AS
SHOWN ON TRACT NO. 2058, RECORDED IN BOOK 30, PAGE 65 OF MAPS,
RECORDS OF SAID COUNTY;
(16) THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID MOUNTAIN VIEW
AVENUE, SOO"30'00"W, A DISTANCE OF 1,175.00 FEET TO THE POINT
ON THE EASTERLY RIGHT OF WAY LINE OF ELECTRIC AVENUE;
(17) THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF
ELECTRIC AVENUE, FOLLOWING ALL OF ITS VARIOUS COURSES TO THE
INTERSECTION OF THE CENTERLINE OF 40TH STREET;
(18) THENCE EASTERLY ALONG SAID CENTERLINE OF 40TH STREET FOLLOWING
ALL OF ITS VARIOUS COURSES TO THE INTERSECTION OF THE
CENTERLINE OF MOUNTAIN VIEW AVENUE, AS SHOWN ON A PARCEL MAP
9521, AS RECORDED IN BOOK 106, PAGES 65-67 OF PARCEL MAPS,
RECORDS OF SAID COUNTY;
(19) THENCE NORTHERLY ALONG SAID CENTERLINE OF MOUNTAIN VIEW
AVENUE, NORTH, A DISTANCE OF 164.82 FEET, TO A POINT ON THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 1 OF
SAID PARCEL MAP 9521;
(20) THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION AND NORTHERLY
LINE, S89" 53' 57"E, A DISTANCE OF 150.20 FEET TO A POINT ON THE
WESTERLY LINE OF SAID PARCEL MAP 9521;
(21) THENCE NORTHERLY ALONG SAID WESTERLY LINE, NOO"12131"W, A
DISTANCE OF 60.08 FEET TO AN ANGLE POINT;
(22) THENCE EASTERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP
9521, N89"55'40"E, A DISTANCE OF 15.00 FEET TO AN ANGLE POINT;
CDC 1999-49
(23) THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP
9521 AND ITS NORTHERLY PROLONGATION, NOooOO'14"E, A DISTANCE
OF 1,123.88 FEET TO THE NORTHEASTERLY CORNER OF LOT 1 OF TRACT
NO. 3541, AS RECORDED IN BOOK 47, PAGE 4 OF MAPS, RECORDS OF
SAID COUNTY;
(24) THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF SAID LOT 1
AND THE CENTERLINE OF SAID 44TH STREET, S89046'00"E, A
DISTANCE OF 1,186.25 FEET, TO THE POINT OF BEGINNING.
SUB-AREA 2
BEGINNING AT A POINT AT THE INTERSECTION OF THE CENTERLINE OF LEROY
STREET AND 49TH STREET, AS SHOWN ON TRACT NO. 10940, AS RECORDED IN
BOOK 163, PAGES 42 THROUGH 44 OF MAPS, RECORDS OF SAID COUNTY;
(1) THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF SIERRA WAY,
N49009'00"E, A DISTANCE OF 252.55 FEET, TO A POINT ON THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOTS 1 THROUGH
8 OF BLOCK 20 OF TRACT NO. 1834, AS RECORDED IN BOOK 26, PAGE
52 OF MAPS, RECORDS OF SAID COUNTY;
(2) THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION AND NORTHERLY
LINE AND ITS EASTERLY PROLONGATION, N89 0 43' OO"E, A DISTANCE OF
406.00 FEET TO A POINT ON THE CENTERLINE OF WATERMAN LANE, AS
SHOWN ON SAID TRACT NO. 1834;
(3) THENCE SOUTHERLY ALONG SAID CENTERLINE OF WATERMAN LANE
SOoo19'QO"E, A DISTANCE OF 230.00 FEET TO A POINT ON THE
EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOTS 1 THROUGH
11 OF BLOCK 19 OF SAID TRACT NO. 1834;
(4) THENCE WESTERLY ALONG SAID EASTERLY PROLONGATION, SOUTHERLY
LINE AND ITS WESTERLY PROLONGATION, S89 0 43' OO"W, A DISTANCE OF
604.48 FEET, TO A POINT ON THE CENTERLINE OF SAID LEROY
STREET;
(5) THENCE NORTHERLY ALONG SAID CENTERLINE OF LEROY STREET, NORTH,
A DISTANCE OF 161.65 FEET, TO THE POINT OF BEGINNING.
NOTE: IT IS THE SOLE PURPOSE OF THIS LEGAL DESCRIPTION TO DEFINE
THE BOUNDARIES OF THE PROPOSED 40TH STREET REDEVELOPMENT PROJECT
AREA. THREFORE, THIS LEGAL DESCRIPTION MUST NOT BE MISCONSTRUED AS
A FIELD AND/OR OFFICE SURVEY OR ANALYSIS.
Doc: 99024RSG.LEG
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EXHIBIT C
PROPOSED INFRASTRUCTURE IMPROVEMENT AND PUBLIC
FACILITIES PROJECTS
CDC 1999-49
EXHIBIT C
Redevelopment Plan for the
40th Street Redevelopment Project
PROPOSED PUBLIC INFRASTRUCTURE IMPROVEMENTS
The Commission has identified a number of public improvement projects, which would
eliminate deficiencies in the existing infrastructure system. Through public investment in
infrastructure system improvements, the Commission hopes to stimulate private sector
investment in the Project Area. They generally include improvements to: 1) traffic circulation
(to improve traffic flow, provide greater accessibility for emergency vehicles and eliminate
safety hazards); 2) streetscape; 3) signalization; 4) storm drain and flood control; and 5) sewers.
Traffic Circulation:
1. Widen 40th Street from Acre Lane to Electric Avenue in order to provide a curb-
to-curb distance of 72' and a right-of-way width of 100'. Includes right-of-way
acquisition.
2. Widen 40th Street from Mountain View Avenue to Waterman Avenue to provide a
curb-to-curb distance of 72' and a right-of-way width of 100'. Includes right-of-
way acquisition.
3. Slurry seal Mountain View Avenue, Genevieve Street, Lugo Avenue, Sepulveda
Avenue, Leroy Street, 41 st Street, 42nd Street, 49th Street and unnamed alleys at
lO-year intervals.
4. Rehabilitate pavement on Sierra Way at 20-year intervals.
5. Rehabilitate pavement on 40th Street at 20-year intervals.
6. Rehabilitate pavement on Waterman Avenue at 20-year intervals.
7. Rehabilitate pavement on Electric Avenue at 20-year intervals.
8. Rehabilitate pavement on Mountain View Avenue, Genevieve Street, Lugo
Avenue, Sepulveda Avenue, Leroy Street, 41 st Street, 42nd Street, 49th Street and
unnamed Alleys at 20-year intervals.
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Streets cape Improvements:
1. Install landscaping in Electric Avenue right-of-way of from 34th Street to 50th
Street.
2. Upgrade street lighting system.
3. Install new disabled access ramps and upgrade existing non-conforming ones at
intersections.
Si~nalization Improvements:
1. Upgrade traffic signal at intersection of Electric Avenue and 40th Street.
2. Install new traffic signal at Waterman Avenue and 48th Street.
3. Interconnect traffic signals along 40th Street between Kendall Drive and
Waterman Avenue.
Storm Drain and Flood Control Improvements:
1. Comprehensive Storm Drain Plan No. 7-B23 in Sepulveda Street and Sierra Way.
2. Comprehensive Storm Drain Plan No. 7-B22 in Mountain View Avenue.
3. Comprehensive Storm Drain Plan No. 7-Dl in Mountain View Avenue and "H"
Street.
4. Comprehensive Storm Drain Plan No. 7-B25 in Waterman Avenue.
Sewer System Improvements:
1. Upgrade sewers in Sierra Way, 34th Street, "I" Street and "H" Street to remove
deficiencies identified in the 1982 Sewer Master Plan study by Currie
Engineering.
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