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Redevelopment Agency `
' City of Huntington Beach
' Redevelopment Plan for the
' Huntington Beach
Redevelopment Project
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Southeast Coastal
Redevelopment Project
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REDEVELOPMENT PLAN
FOR THE
HUNTINGTON BEACH
REDEVELOPMENT PROJECT
As Amended on July 15, 2002
Prepared for:
Redevelopment Agency of the City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
(714) 536-5511
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Prepared by:
Rosenow Spevacek Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
► (714) 541-4585
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TABLE OF CONTENTS
SECTION I. (100) INTRODUCTION. ...........................
A. General..............................................................................................................1
1 SECTION II. (200) BACKGROUND............................................................................2
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SECTION III. (300) GENERAL DEFINITIONS ..........................................................3
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SECTION IV. (400) PROJECT AREA BOUNDARIES...............................................5
SECTION V. (500) REDEVELOPMENT PLAN GOALS..........................................5
1 SECTION VI. (600) REDEVELOPMENT ACTIONS .................................................6
A. General..............................................................................................................6
1 B. Property Acquisition............................................
C. Participation by Owners and Persons Engaged in Business.............................9
D. Implementing Rules........................................................................................10
E. Cooperation with Public Bodies.....................................................................10
F. Property Management......................................................................... ..I I
G. Pa ments to Taxing Agencies
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t H. Relocation of Persons Displaced by a Protect.,: ....•.12
I. Demolition,Clearance,Public Improvements, Site
Preparation and Removal of Hazardous Waste..............................................13
J. Rehabilitation,Moving of Structures by the Agency and Seismic Repairs...14
K. Property Disposition and Development..........................................................15
L. Provision for Low and Moderate Income Housing........................................17
' SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA......................17
A. Map and Uses Permitted.................................................................................17
B. Major Land Use Designations 18
C. Public Uses.....................................................................................................18
D. Nonconforming Uses......................................................................................19
E. Interim Uses............................
F. General Controls and Limitations....................................................................19
G. Design for Development.......:...:.:...........:........................................:.........:....22
H. Building Permits:.....................
SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT....................22
A. General Description of the Proposed Financing Methods..............................22
B. Tax Increment Revenue..................................................................................23
C. Agency Bonds.................................................................................................25
D. Other Loans and Grants..................................................................................25
E. Rehabilitation Loans,Grants and Rebates......................................................25
SECTION IX. (900) ACTIONS BY THE CITY..........................................................25
SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT...... ..................26
SECTION XI. (1100) PLAN LIMITATIONS....................... .................... ..................27
A. Amount of Indebtedness Outstanding At Any One Time..............................27
B. Amount of Cumulative Tax Increment Revenue............................................27
C. Time Frame to Incur Indebtedness.................................................................27
D. Duration of This Plan......................................................................................27
E. Time Frame to Collect Tax Increment Revenue.............................................28
SECTION XII. (1200) PROCEDURE FOR AMENDMENT.........................................28
Exhibit A: Project Area Maps
Exhibit B: Legal Descriptions
Exhibit C: Public Facilities and Infrastructure Improvements Projects
Exhibit D: Oakview Public Acquisition Map
SECTION I. (100) INTRODUCTION
A. (101) General
This is the Redevelopment Plan for the Huntington Beach Redevelopment Project
("Plan") =located in the City of Huntington Beach, County of Orange, State of California.
It consists of the text (Sections 100 through 1200), the Project Area Map of Huntington
Beach Redevelopment Project Area("Project Area") (Exhibit A), the legal description of
the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and
infrastructure improvement projects (Exhibit C), and a map of the properties potentially
subjec-to acquisition by eminent domain(Exhibit D).
This Plan has been prepared by the Redevelopment Agency of the City of Huntington
Beach-(the "Agency") pursuant to the California Community Redevelopment Law
(Health and Safety Code Section 33000, et SeMc.), 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 the Preliminary
Plan for the Huntington Beach Redevelopment Project formulated and adopted by the
Huntington Beach Planning Commission and the Agency on March 26, 1996,and April
1, 1996,.respectively.
This Plan amends and merges the Redevelopment Plans for the Yorktown-Lake, Talbert-
Beach, Main-Pier, Oakview, and Huntington Center Commercial District Redevelopment
Projects ("Constituent Projects"). This Plan is a compilation and continuation of the
Redevelopment Plans for the Constituent Projects and will amend the preexisting
Redevelopment Plans as follows:
1. Merge the redevelopment plans for the Constituent Projects into a single
redevelopment plan ("Plan") to be designated as the merged Huntington Beach
Redevelopment Project("Project')and Project Area,
2. Increase the dollar limit on the cumulative amount of tax increment revenue the
Agency may be allocated from the Project and eliminate all preexisting annual limits,
3. Increase the dollar limit on the amount of indebtedness that may be outstanding at
any one time,
4. Extend the time frame within which the Agency may incur indebtedness on behalf of
the Project,
5. On a selective basis, extend the time frame within which the Agency may employ
eminent domain proceedings on nonresidential properties in the Main-Pier and
Huntington Center Commercial District areas and rescind Resolution 48,
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6. Extend the time periods within which the Agency may undertake redevelopment
activities and receive tax increment, and
7. Expand the list of infrastructure and public facility projects that the Agency may
undertake within the Project Area.
Subsequent to the amendment and merger of this Plan,the City Council rescinded the time
limit to incur debt on July 15,2002 by Ordinance No.3566.
SECTION II. (200) BACKGROUND
The City Council of the City of Huntington Beach activated the Agency on March 1, 1976.
Since that time,the Agency has created five redevelopment projects; all five of these projects are
involved in the proposed Amendment/Merger. The profile of each of the Constituent Projects is
as follows:
1. Yorktown-Lake Redevelopment Project: The Yorktown-Lake Redevelopment Project was
established via Ordinance No. 2576 adopted on September 20, 1982. The Yorktown-Lake
Redevelopment Project encompasses approximately 30 acres of medium-density residential
and public land uses such as the Huntington Beach Civic Center and Police Department. The
Yorktown-Lake Redevelopment Project Area is located in the vicinity of Main Street,
Yorktown Avenue,Lake Street,and Utica Avenue. -
2. Talbert-Beach Redevelopment Project: The Talbert-Beach Redevelopment Project was
established via Ordinance No. 2577 adopted on September 20, 1982. The Talbert-Beach
Redevelopment Project Area is located between Talbert Avenue and Taylor Drive, west of
Beach Boulevard. The Talbert-Beach Redevelopment Project encompasses approximately
25 acres of low-,medium-, and high-density residential, and general industrial land uses.
3. Main-Pier Redevelopment Project: On September 20, 1982, the City Council adopted
Ordinance No. 2578 which created the original 5-block Main-Pier Redevelopment Project
Area. On September 6, 1983, the City Council amended the Redevelopment Plan for the
Main-Pier Redevelopment Project via Ordinance No. 2634, enlarging the Main-Pier
Redevelopment Project Area to approximately 336 acres. The. Main-Pier Redevelopment
Project Area is located along Main Street, between Palm Avenue and the Huntington Beach
Pier, and along Pacific Coast Highway, between Goldenwest Street and Beach Boulevard.
The Main-Pier Redevelopment Project Area includes retail, tourist, recreational, public, and
residential land uses.
4. Oakview Redevelopment Project: The Oakview Redevelopment Project Area of
approximately 68 acres was initially established on November 1, 1982 by City Council
Ordinance No. 2582. The Oakview Redevelopment Project Area is generally located
between Warner Avenue and Slater Avenue, from Oak Lane to Beach Boulevard. On July 5,
1989, the City Council amended the Redevelopment Plan for the Oakview Redevelopment
Project via Ordinance No. 3002 to extend certain time and financial limits. The Oakview
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Project Area includes general commercial, medium-density and high-density residential land
uses.
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l 5. Huntington Center Commercial District Redevelopment Project: Established via Ordinance
No. 2743 adopted by the City Council on November 26, 1984, the Huntington Center
Commercial District Redevelopment Project encompasses approximately 160 acres of retail
i and office commercial uses, and is located in the vicinity of Edinger Avenue, Beach
Boulevard,and the San Diego Freeway(I-405). The Huntington Center Commercial District
Project Area includes the 960,000 square foot Huntington Center regional mall.
1 SECTION III.(300) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. "Added Main-Pier Area" means the territories originally added to the Main-Pier
Redevelopment Project Area by Ordinance No. 2634 adopted by the City Council
on September 6, 1983.
B. "Agency" means the Redevelopment Agency of the City of Huntington Beach, {
California.
C. "Annual Work Program" means that portion of the Agency's annual budget that
sets forth programs and goals to be accomplished by the Agency during the fiscal
year.
D. "City"means the City of Huntington Beach, California.
E. "City Council"means the legislative body of the City.
F. "County"means the County of Orange, California.
G. "Disposition and Development Agreement" means an agreement between a
developer and the Agency that sets forth terms and conditions for improvement
and redevelopment.
H. "General Plan" means the City's General Plan, a comprehensive and Iong-term
General Plan for the physical development of the City.
1. "Huntington Center Commercial District Area" means the territories included in
the Huntington Center Commercial District Redevelopment Project Area adopted
by Ordinance No.2743 on November 26, 1984.
J. "Map"means the Map of the Project Area attached hereto as Exhibit A.
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K. "Method of Relocation" means the methods or plans adopted by the Agency
pursuant to Sections.33352(f) and 33411 of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or permanently
displaced by actions of the Agency.
L. "Oakview Area" means the territories included in the Oakview Redevelopment
Project Area adopted by Ordinance No. 2582 on November 1, 1982, and
subsequently amended by Ordinance No. 3002 on July 5, 1989.
M. "Original Main-Pier Area" means the territories included in the Main-Pier
Redevelopment Project Area by Ordinance No. 2578 adopted by the City Council
on September 20, 1982.
N. "Owner" shall mean and include the owner of real property located in the Project
Area or business owner of property located in the Project Area.
O. "Owner Participation Agreement" means an agreement between the Agency 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. a
P. "Person"means an individual(s), or any public or private entities.
Q. "Plan" means the redevelopment plan for the Huntington Beach Redevelopment
Project as amended.
R. "Project"means the Huntington Beach Redevelopment Project.
S. "Project Area" means the Huntington Beach Redevelopment Project Area,
comprised of the Huntington Center Commercial District Area, the Original
Main-Pier Area,the Added Main-Pier Area,the Oakview Area, the Talbert-Beach
Area, and the Yorktown-Lake Area, which is the territory this Plan applies to, as
shown on Exhibit A.
T. "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.
U. "State"means the State of California. l
V. "Talbert-Beach Area" means the territories included in the Talbert-Beach _
Redevelopment Project Area adopted by Ordinance No. 2577 on September 20,
1982.
W. "Yorktown-Lake Area" means the territories included in the Yorktown-Lake
Redevelopment Project Area adopted by Ordinance No. 2576 on September 20,
1982.
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SECTION IV. (400) 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 V. (500) REDEVELOPMENT PLAN GOALS
Implementation of this Plan is intended to achieve the following goals:
• Eliminate and prevent the spread of conditions of blight including: underutilized
properties and deteriorating buildings, incompatible and uneconomic land uses,
deficient infrastructure and facilities, obsolete structures, and other economic
deficiencies in order to create a more favorable environment for commercial,
office, industrial,residential,and recreational development.
• Expand the commercial base of the Project Area.
• Improve public facilities and public infrastructure.
Improve inadequate drainage infrastructure..' .
• Improve and/or provide electric, gas, telephone, and wastewater infrastructure to
both developed and undeveloped properties within the Project Area.
• Promote local job opportunities.
• Encourage the cooperation and participation of residents, businesses, business
persons, public agencies, and community organizations in the
redevelopment/revitalization of the Project Area.
• Implement design and use standards to assure high aesthetic and environmental
quality,and provide unity and integrity to developments within the Project Area.
• Address parcels of property that are: of irregular form and shape, are inadequately
sized for proper usefulness and development, and/or are held in multiple
ownership.
• 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.
• Recycle and/or develop underutilized parcels to accommodate higher and better
economic uses while enhancing the City's financial resources.
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• Promote the rehabilitation of existing housing stock.
• Increase, improve, and preserve the community's supply of housing affordable to
very low, low and moderate income households.
SECTION VI. (600) REDEVELOPMENT ACTIONS
A. (601) General
The Agency proposes to eliminate and prevent the recurrence of blight, and improve the
economic base of the Project Area by:
I. Acquiring, installing, developing, constructing, reconstructing,
redesigning, 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, 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.
6. Facilitating the development or redevelopment of land 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 on a Iimited basis,
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 for open space.
11. Managing property owned or acquired by the Agency.
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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. The disposition of property including, without limitation, the lease or sale
of land at a value determined by the Agency 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.
18. Taking actions the Agency 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 Agency determines are necessary and consistent with
State, federal and local laws to remedy or remove a release of hazardous f
substances on, under or from property within the Project Area or to
remove hazardous waste from property.
To accomplish these actions and to implement this Plan, the Agency 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.
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B. (602) Property Acquisition
1: (6.03) Acquisition of Real Property
Without limitation, the Agency may acquire real property, any interest in
property, and any improvements on such property by any means authorized by
law including, without limitation, by gift, grant, exchange, purchase, cooperative
negotiations, lease,option,bequest,or devise.
In addition, the Agency may acquire real property, any interest in property, and
any improvements on such property by eminent domain, with the following
exceptions:
a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall
not have the authority to acquire property by eminent domain,
b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency
shall not have the authority to acquire, by eminent domain, property on
which any persons legally reside; and this new limitation shall supersede any
and all previous limitations on the Agency's powers of eminent domain
within the Original and Added Main-Pier Areas.including, but not limited to,
Resolution No.48,and
c. Within the Oakview Area,the Agency shall not have the authority to acquire,
by eminent domain, property which is excluded from the Oakview Public
Acquisition Map,incorporated herein as Exhibit D.
Except for the Oakview Area and 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 date of
adoption of the ordinance adopting this Plan. With respect to properties identified
on Exhibit D, no eminent domain proceeding to acquire property in the Oakview
Area shall be commenced after twelve (12) years following the July 5, 1989
adoption of Ordinance No. 3002, amending the Redevelopment Plan for the
Oakview Redevelopment Project. ` This Plan does not amend, or otherwise
change, the Agency's eminent domain authorities established by the adoption of
Ordinance No. 3002. Such time limitations may be extended only by amendment
of this Plan.
To the extent required by law, the Agency 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
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in the Plan pursuant to Sections 605 to 609, inclusive of this Plan and applicable
provisions of the Redevelopment Law.
2. .(604) Acquisition of Personal Property
Where necessary in the implementation of this Plan, the Agency is authorized to
acquire personal property in the Project Area by any lawful means.
C. (605) Participation by Owners and Persons Engaged in Business
l. (606) 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 Agency;
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
Agency'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 Agency 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;
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.
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2. (607) Reentry Preferences for Persons Engaged in Business in the Project Area
The Agency 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
Agency's rules governing owner participation and re-entry.
3. (608) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and be
subject to the provisions hereof. In the Owner Participation Agreement,
participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to
their properties.
In the event a participant breaches the terms of an Owner Participation
Agreement, the Agency 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 Agency is authorized to establish reasonable priorities and preferences
among the owners and tenants: -
Where the Agency determines that a proposal for participation is not feasible, is
not in the best interests of the Agency or City, or that redevelopment can best be
accomplished without affording a participant an opportunity to execute an Owner
Participation Agreement, the Agency shall not be required to execute such an
agreement.
D. (609) Implementing Rules
The provisions of Sections 605-608 of this Plan shall be implemented according to the
rules adopted by the Agency prior to the approval of the ordinance amending this Plan,
which may be amended from time to time by the Agency. Such rules allow for Owner
Participation Agreements with the Agency.
E. (610) 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 Agency shall seek the aid and cooperation of such public bodies and shall attempt to
coordinate the implementation of this Plan with the activities of such public bodies in
order to accomplish the purposes of redevelopment and to achieve the highest public
good.
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Property.of a public body shall not be acquired without its consent. The Agency shall
seek the cooperation of all public bodies which own or intend to acquire property in the
Project Area. Any public body which 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 Agency. All plans for
development of property in the Project Area by a public body shall be subject to Agency
approval.
The Agency 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 Agency 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. (611) Property Management
During such time as property, if any, in the Project Area is owned by the Agency, such
property shall be under the management and control of the Agency. Such properties may
be rented or leased by the Agency pending their disposition.
G. (612) Payments to Taxing Agencies
The Agency 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.
The Agency may also pay to any taxing agency with territory located within the Project
Area, other than the City,any amounts of money which the Agency found prior to 1/l/94
to be necessary and appropriate to alleviate financial burden or detriment caused by the
Project pursuant to an agreement executed prior to January 1, 1994. The payments to a
taxing agency pursuant to such an agreement in any single year shall not exceed the
amount of property tax revenues which would have been received by that taxing agency
if all the property tax revenues from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of taxes required by Section
33670 of the Redevelopment Law, except that a greater payment has been established by
agreement between the Agency and one or more taxing agencies, except a school district,
if the other taxing agencies agreed to defer payments for one or more years in order to
accomplish the purposes of the Project at an earlier time than would otherwise be the
case. The amount of any greater payments shall not exceed the amount of payment
deferred. The payments shall have been approved by a resolution, adopted by the
Agency,contained findings, supported by substantial evidence,that the Project will cause
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or has caused a financial burden or detriment to the taxing agency and that the payments
are necessary to alleviate the financial burden or detriment.
In the event that such an agreement described in the above paragraph does not exist
between the Agency and an affected taxing agency, the Agency shall remit payments to
any such taxing agency in a manner consistent with Section 33607.7, Section 33676(b),
and any other pertinent 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 Agency in the applicable fiscal year. Such payments
shall be reduced in accordance with the provisions of Section 33607.5 or any other
applicable statute. Such payments shall be the exclusive payments that are required to be
made by the Agency to affected taxing entities for the duration of this Plan. Such
payments may be subordinated to loans, bonds, or other Agency indebtedness as
provided by Law.
H. (613) Relocation of Persons Displaced by a Project
1. (614) Relocation Pro rg am
In accordance with the.provisions of the California Relocation Assistance Law, 51
(Government Code Section 7260, et se .), 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 Agency, the Agency shall provide relocation benefits and
assistance to all persons (including families, business concerns and others)
displaced by Agency acquisition of property in the Project Area or as otherwise
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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 Agency will assist displaced households
in finding decent, safe and sanitary housing within their financial means and
otherwise suitable to their needs. The Agency shall make a reasonable effort to
relocate displaced individuals, families, and commercial and professional
establishments within the Project Area. The Agency is also authorized to provide
relocation for displaced persons outside the Project Area:
2. (615) Relocation Benefits and Assistance
The Agency 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.
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I. (616) Demolition, Clearance,Public Improvements, Site Preparation and Removal
► of Hazardous Waste
1. (617) Demolition and Clearance
' The Agency is authorized, for property acquired by the Agency 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. (618) Public Improvements
To the extent permitted by law, the Agency 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 and fiber optic communication systems; water
distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities;
landscaped areas; schools; civic; cultural; and recreational facilities; and
pedestrian improvements. A listof proposed public facilities'and infrastructure
improvement projects is set forth in Exhibit C and incorporated herein by
reference.
The Agency, 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, facility, structure or other
improvement which is publicly owned either within or outside the Project Area,
upon both the Agency 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
Agency 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 Agency under such contract shall constitute an indebtedness
of the Agency for the purposes of carrying out this Plan.
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July IS,2002 13 Redevelopment Plan
3. (619) Preparation of Building Sites
The Agency 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 other public improvements necessary for
carrying out in the Project Area this Plan. (00
4. (620) Removal of Hazardous Waste coo
To the extent legally allowable, the Agency may, in its sole discretion, take any
actions which the Agency 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. (621) Rehabilitation, Moving of Structures b the Agency and Seismic Repairs
1. (622) Rehabilitation and Conservation
The Agency 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 Agency. The Agency 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 Agency to the extent permitted by the Redevelopment Law as it exists now or
may be hereafter amended. The Agency is authorized to acquire, restore,
rehabilitate, move and conserve buildings of historic or architectural significance.
The Agency 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 Agency 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 Agency.
e. The need for expansion of public improvements, facilities
and utilities.
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f. The assembly and development of properties in accordance
with this Plan.
The Agency may adopt property rehabilitation standards for the rehabilitation of
properties in the Project Area.
2. (623) Moving of Structures
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As necessary in carrying out this Plan, the Agency is authorized to move, or to
cause to be moved, any building structures or other improvements from any real
property acquired which can be rehabilitated to a location within or outside the
Project Area.
1 (624) Seismic Repairs
For any project undertaken by the Agency within the Project Area for building
rehabilitation or alteration in construction, the Agency may, by following all
applicable procedures which are consistent with local, State, and federal law, take
those actions which the Agency determines are necessary to provide for seismic
retrofits.
K. (625) Propelly Disposition and Development
1. (626) Real Property Disposition and Development
a. (627) General
' For the purposes of this Plan, the Agency 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 Agency is authorized to dispose of real
property by negotiated lease or sale without public bidding. Except as
i otherwise permitted by law, before any interest in property of the Agency
i 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,
i together with a finding that, except as otherwise permitted by law, the
i consideration is not less than its fair market value at its highest and best
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July 15,2002 15 Redevelopment Plan
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use in accordance with this Plan, or the consideration is not less than the
fair reuse value :.at the use and with the covenants, conditions and
development costs authorized by the sale or lease:
The real property acquired by the Agency in the Project Area, except
property conveyed to it by the City, 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
Agency 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 Agency 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
Agency fixes as reasonable, and to comply with other conditions which
the Agency deems necessary to carry out the purposes of this Plan.
During the period of redevelopment in the Project Area, the Agency 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.
b. (628) 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 Agency, 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 Agency, such documents or portions thereof shall be
recorded in the office of the Recorder of the County.
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July is,2002 16 Redevelopment Plan
Leases, deeds, contracts, agreements, and declarations of restrictions of
the Agency 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.
1 The Agency 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 Agency shall obligate lessees and purchasers 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. (629) Personal PropeM Disposition
For the purposes of this Plan, the Agency is authorized to sell, lease, exchange,
subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal
property.
L. (630) Provision for Low and Moderate Income Housing
The Agency shall comply with all of the Low and Moderate Income Housing
requirements of the California Community Redevelopment Law which are applicable to
this Plan, including applicable expenditure, replacement, and inclusionary housing
requirements, and in connection therewith, the Agency shall have all of the powers and
authorization to act as may, from time to time, be provided by the Community
Redevelopment Law and other applicable provisions of law.
SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA
A. (701) Map and Uses Permitted
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 and public easements. The land uses permitted by this Plan shall be those
permitted by the General Plan as they now exist or may hereafter be amended.
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July 15,2002 17 Redevelopment Plan
B. (702) Major Land Use Designations as now provided in the General Plan)
The following land use categories.are presently permitted by the General Plan:
RESIDENTIAL
Low Density
Medium Density
High Density
INDUSTRIAL
General Industrial
COMMERCIAL
General Commercial
Visitor-Serving Commercial
OTHER USES
Public, Quasi-Public Institutional
Planning Reserve
OPEN SPACE
Recreation.
MIXED USES
Mixed Development
Office/Residential
Commercial/Support Recreation
C. (703) Public Uses
1. (704)Public Street Layout,Rights-of-Way and Easements
The public street system and street layout 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.
Certain streets and rights-of-way may be 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 Agency and City in the Project Area
as needed for proper development and circulation.
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July 15,2002 18 Redevelopment Plan
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i 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
1 easements for public uses, public facilities, and public utilities may be retained or
created.
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1 2. (705) Other Public and Open Space Uses
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Both within and, where appropriate, outside of the Project Area, the Agency may
1 take actions to establish, or enlarge public, institutional, or non-profit uses,
1 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
1 uses conform with all other applicable laws and ordinances and that such uses are
approved by the City. The Agency may impose such other reasonable restrictions
1 as are necessary to protect development and uses in the Project Area.
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D. (706) Nonconforming Uses
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,t The Agency is. authorized but not required to permit an existing use to remain in an
t 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 Agency 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 Agency, such improvements
would be compatible with surrounding Project Area uses and proposed development.
E. (707)Interim Uses
Pending,the ultimate development of land by developers and participants, the Agency 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 City land use regulations and requirements.
F. (708) 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 all applicable City land use
regulations and requirements. The land use controls of this Plan shall apply for the
periods set forth in Section 1100 below. The type, size, height, number and use of
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July 15,2002 19 Redevelopment Plan
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buildings within the Project Area will be controlled by the applicable City land use
regulations and requirements as they now exist or may hereafter be amended from time to
time.
1. (709) 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 land use
regulations and requirements in the Project Area, additional specific performance
and development standards may be adopted by the Agency to control and direct
improvement activities in the Project Area.
2. (710) Rehabilitation
Any existing structure within the Project Area which the Agency enters into an
agreement 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. (711) 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 Plan, there are approximately
1,973 dwelling units in the Project Area.
4. (712) 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.
5. (713) 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 the zoning ordinances, as
they now exist or are hereafter amended.
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July 15,2002 20 Redevelopment Plan
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6. (714) 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 Agency for review and approval pursuant to the Municipal
Code of the City and procedures permitted by this Plan.
7. (715) Utilities
The Agency,in conformity with municipal code and City policy,shall require that
all utilities be placed underground whenever physically possible and
economically feasible on projects funded in whole or in part by the Agency or
subject to a Disposition and Development Agreement or an Owner Participation
Agreement.
8. (716) 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 (717) Variations
The Agency is authorized to permit variations from the limits, restrictions and
controls established by this Plan. In order to permit any such variation, the
Agency 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.
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 Agency
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.
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July 15,2002 21 .Redevelopment Plan
G. (718) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 701 and 708 herein, the Agency 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 Agency. In the case of property which is the
subject of a Disposition and Development Agreement or an Owner Participation
Agreement with the Agency, 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 Agency shall not approve any plans that do not comply
with this Plan except as permitted by Section 717 of this Plan.
H. (719) 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
Agency, any restrictions or controls established by resolution of the Agency, and any
applicable participation or other agreements.
The Agency 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 Agency at the time of
application.
SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT
A. (801) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency 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, Agency bonds, donations,
loans from private financial institutions or any other legally available source.
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July IS,2002 22 Redevelopment Plan
The Agency 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 Agency. 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 Agency, j
City and/or other public agency providing such assistance. !'
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As available, gas tax funds from the State and sales tax funds from the County may be
used for the street system.
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The Agency may issue bonds or other obligations and expend their proceeds to carry out
this Plan. The Agency 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 Agency shall pay the principal and interest on bonds or other obligations
of the Agency as they become due and payable.
B. (802) 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:
• For Yorktown-Lake Area adopted by Ordinance No. 2576: September 20,
1982.
• For Talbert-Beach Area adopted by Ordinance No. 2577: September 20, 1982.
• For Original Main-Pier Area adopted by Ordinance No. 2578: September 20,
1982.
• For Oakview Area adopted by Ordinance No. 2582: November 1, 1982.
• For Added Main-Pier Area adopted by Ordinance No. 2634: September 6,
1983. -
• For Huntington Center Commercial District Area adopted by Ordinance No.
2743: November 26, 1984.
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 ordinance, shall be divided
as follows:
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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
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
Agency to pay the principal of and interest on loans, monies advanced to,
or indebtedness (whether funded, refunded, assumed, or otherwise)
incurred by the Agency 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 Agency 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 Agency 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 Agency to finance or refinance,
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July 15,2002 24 Redevelopment Plan
in whole or in part, the redevelopment program for the Project Area. This section is
' intended to be a compilation and continuation of the tax increment provisions of the
Constituent Projects.
C. (803) Agency Bonds
The Agency 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 Agency 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 Agency 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 j
obligations be payable out of any funds or properties other than those of the Agency; 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. (804)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 a
in carrying out this Plan. In addition,the Agency may make loans as permitted by law to
public or private entities for any of its redevelopment purposes.
E. (805)Rehabilitation Loans.Grants, and Rebates
The Agency 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 Agency 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 IX. (900)ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency 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
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July 15,2002 25 Redevelopment Plan
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.
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 X. (1000) 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 Agency,as appropriate.
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July 15,2002 26 Redevelopment Plan
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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 Agency 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 XI. (1100)PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
A. (1101) Amount of Bonded Indebtedness OutstandingAt t Any One Time
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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$275.0 million,except by amendment to this Plan.
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B. (1102) Amount of Cumulative Tax Increment Revenue
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The number of dollars of taxes which may be divided and allocated to the Agency
pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing
agencies, shall not exceed$850.0 million, except by amendment of this Plan.
C. (1103) Time Frame to Incur Indebtedness
No time limit to incur debt. The previous time limit was rescinded by City Council
Ordinance No. 3566 adopted on July 15, 2002.
D. (1104) Duration of This Plan
With respect to the Yorktown-Lake Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall
expire on September 20,2022. After this time limit, the Agency shall have no authority
to act pursuant tQ this Plan except to pay previously incurred indebtedness, collect tax
increment revenue,and enforce existing covenants, contracts,or other obligations.
With respect to the Talbert-Beach Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall
expire on September 20, 2022. After this time limit, the Agency shall have no authority
to act pursuant to this Plan except to pay previously incurred indebtedness, collect tax
increment revenue,and enforce existing covenants,contracts,or other obligations.
With respect to the Original Main-Pier Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall
expire on September 20, 2022. After this time limit, the Agency shall have no authority
to act pursuant to this Plan except to pay previously incurred indebtedness, collect tax 1
increment revenue, and enforce existing covenants,contracts,or other obligations.
Rosenow Spevacek Group,Ina Redevelopment Agency of the City of Huntington Beach
July 15,2002 27 Redevelopment Plan E`
l,.
With respect to the Oakview Area, except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the provisions of this Plan shall expire on
November 1, 2022. After this time limit, the Agency shall have no authority to act
pursuant to this Plan except to pay previously incurred indebtedness, collect tax
increment revenue,and enforce existing covenants,contracts, or other obligations.
With respect to the Added Main-Pier Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall
expire on September 6,2023. After this time limit, the Agency shall have no authority to
act pursuant to this Plan except to pay previously incurred indebtedness, collect tax
increment revenue,and enforce existing covenants, contracts, or other obligations.
With respect to the Huntington Center Commercial District Area, except for the
nondiscrimination and nonsegregation provisions which shall run in perpetuity, the
provisions of this Plan shall expire on November 26, 2024. After this time limit, the
Agency shall have no authority to act pursuant to this Plan except to pay previously
incurred indebtedness, collect tax increment revenue, and enforce existing covenants,
contracts,or other obligations.
E. (1105) Time Frame to Collect Tax Increment Revenue
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, the Agency shall not pay indebtedness with the proceeds of property
taxes received pursuant to Heath and Safety Code Section 33670 or receive property
taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the
duration of this Plan pursuant to Section 1100. These limitations shall not be applied to
limit the allocation of taxes to the Agency to the extent required to eliminate project
deficits created under subdivision (g) of Section 33334.6 of the Redevelopment Law in
accordance with the plan adopted pursuant thereto for the purpose of eliminating the
deficits or to the extent required to implement a housing program requirement pursuant to
Section 33413 of the Redevelopment Law. In addition, these limitations shall not affect
the validity of any bond, indebtedness, or other obligation, including any mitigation
agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized
by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January
1, 1994, or the right of the Agency to receive property taxes, pursuant to Health and
Safety Code Section 33670 to pay the bonds,indebtedness,or other obligation.
SECTION XII. (1200) 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.
Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach
July 15,2002 28 Redevelopment Plan
EXHIBIT A
PROJECT AREA MAPS
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HUNTINGTON BEACH REDEVELOPMENT PROJECT
Project Area Boundaries
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HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 1
(formerly Huntington Center Commercial Redevelopment Project Area)
WARNER AVE.
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HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 2
(formerly Oakview Redevelopment Project Area)
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HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 3
(formerly Talbert-Beach Redevelopment Project Area)
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Subarea 4 ,
(formerly Yorktown-Lake Redevelopment Project Area)
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HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 5
(formerly Main-Pier Redevelopment Project Area)
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EXHIBIT B
LEGAL DESCRIPTIONS
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HUNTINGTON BEACH REDEVELOPMENT PROJECT
-- Subarea 1
(formerly Huntington Center Commercial Redevelopment.Project Area)
LEGAL DESCRIPTION
owl
Beginning at the northwest corner of Parcel 2 as shown on a map recorded in Book 107,page
18, Parcels Maps, Records of Orange County;
thence North 47° 28' 13'West 20.57 feet along the northwesterly prolongation of the
northerly line of said Parcel 7 to the True Point of Beginning;
thence South 00° 39' 18'East 421.27 feet along the west line of the southwest quarter of the
northeast quarter of Section 14,Township 5 South, Range 11 West, as shown on�said parcel
map to a point, said point being the center of Section 14,Township 5 South, Range 11 West
as shown on a map recorded in Book 169, pages 45 and 46,Parcel Maps, Records of Orange
County.
Thence South 89° 32'08'West 301.00 feet;
thence South 00' 39'35'East 645.82 feet to a tangent curve, said curve being concave
northwesterly and having a radius of 500.00 feet;
thence southerly and westerly along said curve through a central angel of 44' 59''42'an arc
distance of 392.66 feet to a point on a tangent line;
thence South 44° 20'07`East 94.24 feet along said tangent line to a tangent curve,said -
curve being concave southeasterly and having a radius of 500.00 feet;
thence southerly and westerly through a central angle of 45° 00'00', an arc distance of
392.70 feet to a point, said point being the southeast corner of the west half of the northeast
quarter of the southwest quarter of Section 14,Township 5 South, Range 11 Westi Parcel
Map 81-571;
thence North 89' 32' 15'East 395.47 feet to a point, said point being the southeast corner of
said Parcel Map 81-571;
thence South 00' 39' 35'East 150.00 feet;
thence North 89' 31'55'East 109.00 feet;
thence South 00' 39' 35'East-1320.67 feet;
thence North 89'32'04'East 156.00 feet to a point, said point.being the South quarter
corner of Section 14,Township 5 South,Range 11 West as shown on a map recorded in Book
22,page 18,Parcel Maps, Records of Orange County,
thence South 00° 44' 25' East 660.00 feet;
thence North 89' 24'50'East 45.00 feet to a point,said point being the northwest,corner of
Tract 5894,as shown on a map recorded in Book 23,pages 18 and 19,Miscellaneous Maps,
Records of Orange County,
thence North 89° 24'50'East 1004.93 feet along the north line of said Tract 5894 and the
easterly prolongation of said north line to a point, said point being on the centerline of Sher
Lane;
thence North 00° 44'25'West 00.00 feet;
thence North 89' 24'50'East 376.00 feet;
thence South 00' 44'25'East 100.00 feet;
a
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 1
(formerly Huntington Center Commercial Redevelopment Project Area)
LEGAL DESCRIPTION(con't)
thence North 89°24'50'East 528.96 feet;
thence North 00°44'25'West 180.00 feet to the centerline intersection of Parkside Lane and
Aldrich Avenue;
thence north 89° 16'15'East 685.03 feet to a point on the section line of Huntington Beach
Boulevard per Tract 417,as shown on a map recorded in Book 16,page 47,Miscellaneous
Maps Records of Orange County,
thence North 00° 16'46"East 1275.36 feet;
thence North 49' 16'37"West 900.00 feet;
thence North 00'27'57'West 125.00 feet;
thence North 46°55'24'West 572.85 feet;
thence North 46° 19'32'West 501.21 feet;
thence North 50°25'56'West 329.65 feet;
thence North 54' 14'34'`West 1196.05 feet to the True Point of Beginning.
Excepting herefrom that portion described as follows:
Beginning at the center of Section 14,Township 5 South,Range 11 West,as shown on a map
recorded in Book 169,pages 45 and 46,Parcel Maps,Records of Orange County,,
thence South 00°39'35'East 1220.82 feet along the west line of the southeast quarter of
Section 14,Township 5 South,Range 11 West,as shown on a parcel map,recorded in Book 81,
pages 12 through 14,Parcel Maps,Records of Orange County to a point,said point being on
the north right-of-way line of Center Drive;
thence North 89°32'03'East 650.41 feet along the south line of Parcel 3 of said Parcel Maps
to a point on a tangent curve,said curve being concave to the northwest and having a radius of
34.00 feet,a radial bearing through said points bears North 37°53'39'West;
thence northerly and easterly along said curve,through a central angle of 52°45'42',an arc
distance of 31M feet to a point on a tangent line;
thence North 00'39'21'West 22.68 feet along said tangent line to a point on a tangent curve,
said curve being concave to the southeast and having a radius of 405.00 feet;
thence northerly and easterly along said curve through a central angle of 27`23'14',an arc
distance of 193.59 feet to a point of reverse curvature,a radial bearing through said point bears
North 63° 16'07'West;said curve being concave to the northwest and having a radius of
345.00 feet;
thence northerly and westerly along said curve through a central angle of 34°21'52',an are
distance of 206.92 feet to a point on a tangent curve,a radial bearing through said point bears
North 82°22'01'East;said curve being concave to the southwest and having a radius of
345.00 feet;
thence northerly and westerly through a central angle 10°27'01',an arc distance of 62.93 feet
to a point on a tangent line;
JIM
Ado
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 1
(formerly Huntington Center Commercial Redevelopment Project Area)
LEGAL DESCRIPTION (con't)
thence North 18° 05'00'West 241.00 feet to a point on a tangent curve;said curve being
concave to the southwest and having a radius of 270.00 feet;
thence northerly and westerly along said curve through a central angle of 72° 34'35',an arc
distance of 342.00 feet to a point on a tangent line;
thence South 89° 20'25'West 160.28 feet along said tangent line to a point on a tangent curve,
said curve being convave to the northeast and having a radius of 175.00;
thence westerly and northerly along said curve through a central angel of 90°00'00',an arc
distance of 274.89 feet to a point on a tangent line;
thence North 00° 39'35'West 64.64 feet along said tangent line to a point on a tangent curve,
said curve being concave to the southwest and having a radius of 34.00 feet;
thence northerly and westerly along said curve through a central angle of 49° 09'22',an arc
distance of 29.17 feet to a point on a non-tangent curve,a radial bearing through said point
bears North 40° 11'03'East,said curve being concave to the south and having a radius of
60.00 feet;
thence westerly along said curve through a central angle of.00°24'45 ,an arc distance of 4.03
feet to a point on a non-tangent curve,a radial bearing through said point bears North 47'38'
14'East,said curve being concave southwest and having a radius 35.00 feet;'
thence northerly and westerly through a central angle of 65°01'29 ,an are distance of 39.72
feet to a point on a non-tangent line,a radial bearing through said point bears North 17°23'
15'West;
thence North 00° 39'35'West 30.12 feet;
thence South 89° 32'00'West 15.00 to the Point of Beginning.
r
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 2
(formerly Oakview Redevelopment Project Area)
10
LEGAL DESCRIPTION
s OAKVIEW AREA PROJECT
That portion of Section 26,Township 5 South,Range 11 West in the Rancho La Bolsa Chic&
and the Rancho Bolsas,City of Huntington Beach,County of Orange,State of California,as
shown on a map recorded in Book 51,page 13 of Miscellaneous Maps in the Office of the
County Recorder described as follows:
Beginning at the east one-quarter corner of said Section 26,
i thence South 89°24'16'West 463.11 feet to a point on the southerly prolongation of the east
line of Keelson Lane,a street being 60 feet in width,30 feet either side centerline,said point
1 being the True Point of Beginning,
thence along said southerly prolongation South 0°45'06'East 40 feet to the south line of
Slater Avenue,a street 80 feet in width,40 feet either side of centerline;
thence South 89° 24'16'West 1187 feet along said south line to the west line of Tract No.
4091;
thence along said west line North 0'44'31'`West 700 feet to the north line of said Tract 4091;
thence along said north line North 89'24'39.'East 300 feet to the southerly extension of the
west fine of Oak Lane,a street being 60 feet in width,30 feet either side of centerline;
1
thence North 0°44'46'West 2041 feet along said southerly extension,the west line of Oak
1 Lane and its northerly extension to a line parallel with and 60 feet north measured at right
angles from the centerline of Warner Avenue;
thence along said parallel line North 89°25'46'East 1386 feet to the centerline of Beach
Blvd.,said street being 132 feet in width,66 feet either side of centerline;
thence along said centerline South 0°45'14'East 996 feet;
thence South 89°25'00'West 283 feet;
thence South 0°45'14'East 288 feet;
thence South 89°25'W West 20 feet;
thence South 0°45'14'East 96 feet to the easterly extension of the north line of Tract No.
8916;
thence along said north line South 89°25'00'West 576 feet to the east line of Ash Street,a
street being 60 feet in width,30 feet either side of the centerline;
thence along said east line South 0'44'46'East 100 feet to a curve concave northeasterly
having a radius of 50 feet;
thence along said curve southerly and southeasterly thru a centeral angle of 36°62'12'an arc
distance of 32.20 feet to a point on a reverse curve concave westerly having a radius of 50 feet,
a radial from said point bears North 52°23'02'Easy
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 2
(formerly Oakview Redevelopment Project Area)
LEGAL DESCRIPTION
OAKVIEW AREA PROJECT(coat.)
thence along said reverse curve southeasterly,southerly,and southwesterly thru a central angle of
78°54'35'an arc distance of 68.86 feet to a compound curve concave northwesterlyhaving a radius
of 35 feet,a radial to said point bears South 48°42'23'East,
thence along said compound curve southwesterly and westerly thru a central angle of 48°11'2r,an
arc distance of 29.44 feet to a point on the south line of Mandrell Drive being 60 feet in width,30 feet
either side of centerline;
thence along said south line South 89°29'00'West 11.8 feet to the east line of tract No.4301;
thence along said mentioned east line South 0°44'46'East 270 feet to a point on a non-tangent
curve concave southwesterly having a radius of 70 feet,said point being on the north line of Barton
Drive and the east line of Queens Lane;
thence along said curve and east line southeasterly and southerly thru a central angle of 77°44'59'
an arc distance of 95 feet;
thence South 0° 44' 52' East 22 feet to a curve concave northeasterly having a radius of 70
feet;
thence continuing along the east line of Queens Lane and said mentioned curve southerly and
southeasterly thru a central angle of 27°MOT an arc distance of 34 feet to a reverse curve concave
southeasterly having a radius of 130 feet,a radial to said point bears North 610 37'08'East;
thence along said reverse curve southeasterly and southerly thru a central angle of 27°38'00'an arc
distance of 63 feet to north line of Mract 4153;
thence along said north line North 89° 24'35'East 125 feet to the east line of Tract 4153;
thence along said east line South 0°44'58'East 5W feet;
thence North 89° 24' 16'East 197 feet to the east line of Keelson Lane;
thence along said east line and its southerly prelongation 160 feet to the True Point of
Beginning.
HUNTINGTON BEACH REDEVELOPMENT PROJECT
—. Subarea 3
(formerly Talbert-Beach Redevelopment Project Area)
LEGAL DESCRIPTION
TALBERT-BEACH REDEVELOPMENT PROJECT AREA
Those portions of Sections 35 and 26,Township 5 South,Range 11 West,in the Rancho La Bolsa
Chica and Rancho Las Bolsas in the City of Huntington Beach,County or Orange,State of Califor-
nia,as shown on a map recorded in Book 51,page 13 of Miscellaneous Maps in the Office of the
County Recorder of said County described as follows:
Beginning at the southeast corner of said Section 26;
thence South 89°54'23'West 1320.10 feet along the south line of said section,said south line also
being the centerline of Talbert Avenue,to the True Point of Beginning;
thence North 0°01'16'East 50 feet to a line parallel with and 50 feet north measured at right angles
from the centerline of Talbert Avenue;
thence along said mentioned parallel line North 89°54'23'East 800 feetto the intersection with a
line parallel with 10.00 feet east measured at right angles from the east line of Lot No.3,Block C of
Tract No.172 as shown on a map recorded in Book 12,page 21,of Miscellaneous Maps in the office
of the County Recorder of said County;
thence along said mentioned parallel line South 0°5'37'East 300 feet to a point on a curve concave
easterly having a radius of 273.00 feet;
thence southerly along said curve through a central angle of 15°33'49'an arc distance of 74.00 feet
to a point on a tangent reverse curve concave westerly having a radius of 327.00 feet,a radial to said
point bears North 74°20'W East;
thence southerly along said reverse curve through a central angle of 15'33'49'an arc distance of
88.82 feet to a line parallel with and 32 feet east measured at right angles from the west line of Lot
No.82,Block C,of said mentioned Tract No.172;
thence southerly along last said mentioned parallel line South 0°05'37'East 249 feet to the inter-
section with the easterly prolongation of the north boundary line of Tract No.8197 as shown on a
map recorded in Book 452,page 44 of Miscellaneous Maps in the Office of the County Recorder of
said County;
thence along said mentioned prolongation and northerly line South 89°55'44'West 822 feet to the
west boundary line of said Tract No.8197;
thence along said westboundary line South 0°01'16'West 690 feet to the south right-of-way line of
Taylor Drive,a street being 60 feet in width,30 feet either side of centerline;
thence along said south right-of-way line South89°56'OS'West660 feettothe intersectionwith the
southerly prolongation of the eastline of Parcels Nos.7-10 as shown on a map filed in Book 79,page
15 of Parcel Maps in the Office of the County Recorder of said County,
thence along said prolongation and east line North 00 01'15'East 1014 feet to a line parallel with
and 335 feet south measured at right angles from the centerline of Talbert Avenue;
thence along last said mentioned parallel line North 89°56'37'East 660 feet to the west line of
Tract No.172;
thence along said west line North 0°01'16'East 335 feet to the True Point of Beginning.
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 4
(formerly Yorktown-Lake Redevelopment Project Area)
LEGAL DESCRIPTION
YORKTOWN-LAKE REDEVELOPMENT PROJECT AREA
That portion of Section 2,Township 6 South,Range 11 West,in the Rancho La Bolsas,in the
City of Huntington Beach,County or Orange,State of California,as shown on a map recorded
in Book 51,page 14 of Miscellaneous Maps,in the Office of the County Recorder of said
County described as follows:
Beginning at the centerline intersection of Yorktown Avenue and Main Street;
thence west along said centerline of Yorktown 60 feet to the west line of Main Street;
thence along said west line North 50 feet to the westerly extension of the north line of
Yorktown Avenue,said point being the True Point of Beginning;
thence along said mentioned north line East 420 feet to a curve concave southwesterly having
a radius of 850 feet;
thence easterly and southeasterly along said curve thru a central angle of 38° 14'W an arc
distance of 567 feet to a reverse curve concave northeasterly having a radius of 750 feet;a
radial to said point bears North 38° 14'40'East;
thence along said reverse curve southeasterly and easterly thru a central angle of 35° 46'09'
an arc distance of 455 feet to the intersection with the east line of a 40 foot wide strip of land
shown on the map of said Tract No. 12 recorded in Book 9,page 13 of Miscellaneous Maps in
the Office of the Orange County Recorder as S.P.R.R.right-of-way;
thence South 1054 feet along said east line to the easterly extension of the southerly line of
Utica Street being 60 feet in width,30 feet either side of centerline;
thence West 1383 feet along said easterly extension,southerly line and its westerly extension
of Utica Street to the most westerly line of Main Street as shown on said mentioned map of
Tract No. 12;
thence North 1396 feet along said west line to the True Point of Beginning.
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 5
(formerly Main-Pier Redevelopment Project Area)
LEGAL DESCRIPTION
MAIN-PIER REDEVELOPMENT PROJECT AREA
PROJECT AMENDMENT NO.1
A parcel of land situated partially in Sections 10,11,12,13,14,Township 6 South,Range 11 West,
San Bernardino base and meridian,County of Orange,State of California.Said parcel being more
particularly described as follows:
Beginning at the intersection of section corners,Sections 11, 12, 13 and 14,
thence North 89° 37'06'East 20 feet to the True Point of Beginning;
thence South 0° 40'00'East 1,320.00 feet to the point;
thence South 89°43'00'West 1,955.76 feet to a point;
thence North 0°43' 15'West 1,350.04 feet to a point;
thence South 89° 43'00'West 670.00 feet to a point;
thence North 0° 00' 11'West 2,640.00 to a point;
thence North 89°58' 15'West.262.10 feet to a point;
thence South 0'00'00'East 294.10 feet to a point;
thence North 89°57' 13'West 375.15 feet to a point;
thence South 41°38' 18'West 419.76 feet to a point;
thence South 48° 21'42'East 190.00 feet to a point;
thence South 41°38' 18'West 18W.00 feet to a point;
thence North 48° 21'42'West 15.00 feet to a point;
thence South W 38' 18'West 125.00 feet to a point;
thence North 48° 21'42'West 750.00 feet to a point;
thence North 45° 12'51'West 400.66 feet to a point;
thence North 48°21'42'West 4255.00 feet to a point;
thence South 41°38'50'West 326.00 feet to a point;
thence South 46°30'00'East 5,628.00 feet to a point;
thence North 41°38'18'East 990.00 feet to a point;
thence South 48°21'42'East 1,330.00 feet to a point; _
thence South 10°09'04'East 414.00 feet to a point;
thence North W 38' 18'West 690.00 feet to a point;
thence South 52°54' 19'East 4,618.03 feet to a point;
thence North 0°40'00'West 1,947.92 feet to a point;
thence North 89°36'W East 469.56 feet to a point;
thence North 0°40'00'West 2,029.66 feet to a point;
thence South 89°37'06'West 469.56 feet to a point;
thence South 0°40'00'East 50.00 feet to the True Point of Beginning.
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I
EXHIBIT C
PUBLIC FACILITIES AND
INFRASTRUCTURE IMPROVEMENTS PROJECTS
i
Huntington Beach Redevelopment Project
Redevelopment Plan
PROPOSED PUBLIC IMPROVEMENT AND FACILITY, HOUSING
AND ECONOMIC DEVELOPMENT PROJECTS
Programs and Projects Proposed Possible Implementation Activities
HOUSING PROGRAMS Increase and improve the community's supply of housing affordable to
very low,low,and moderate income households
Affordable Housing Development Projects Assist development of single-family,multi-family,and senior housing Inside and
outside the Project Area pursuant to housing requirements.
Housing Code Enforcement Program Continue program throughout Project Area.
Housing Rehabilition Program Continue program throughout Project Area. •
INFRASTRUCTURE PROGRAMS Improve pedestrian,bicycle and vehicular traffic flows,upgrade utilities
and drainage systems,enhance public safety,and promote recreational
opportunities.
Public Infrastucture in Talbert-Beach area Monitor maintenance requirements of public infrastructure.
Storm Drain Improvements in Oakview Complete storm drain improvements.
Street Improvements Oakview Area
Complete improvements to streets,street lights,alleys, and landscape.
Center Avenue
Complete construction of Center Avenue street improvements and traffic signal,
and improvements to signage and landscaping at the Huntington Beach Mall.
Interstate 405
Improve IA05 off-ramp access to Huntington Center. Improve IA05 cloverleaf
landscaping and widen McFadden/IA05 overpass.
Edinger Avenue Street Alignment
Seek adoption of the specific plan and construction of street improvements,
including consolidation of ingress/egress points, unified signage and
landscaping.
Gothard Street and Hoover Street Connection
Construct street improvements to connect Gothard and Hoover Streets to create
another north-south arterial alleviate traffic congestion on other north-south
arterials.
Ro,enow Spevaeek Oroup,Inc.
Pnkpr Project/(2)W6196
It, It � tilty
7 � 4
Huntington Beach Redevelopment Project
Redevelopment Plan
PROPOSED PUBLIC IMPROVEMENT AND FACILITY, HOUSING
AND ECONOMIC DEVELOPMENT PROJECTS
Programs and Projects Proposed Possible Implementation Activities
PUBLIC FACILTY PROGRAMS Develop community facilities that meet the needs of the community's
residents.
Branch Library Complete construction,of a branch library. •
COMMUNITY DEVELOPMENT Protect residential neighborhoods to enhance public safety and provide
PROGRAMS positive community development opportunities.
Neighborhood Plan Review plan and update recommendations as appropriate.
Community Services Police Assistance Continue assistance program for gang prevention in Project Area.
Operation LOGOS Continue youth employment neighborhood cleanup program In Project Area.
COMMERCIAL Revitalize deteriorating and substandard commercial facilities.
REHABILITATiONIECONOMIC
DEVELOPMENT
Huntington Beach Mail Prepare a market and development strategy with the mall owner and facilitate
repositioning of the Mali.
The Waterfront Implement and monitor terms of development agreement,as they currently exist
or may be subsequently amended.
New Development/Construction Encourage Project Area private development to recycle blighted properties, and
identify sites with the potential for consolidation for redevelopment. •
Commercial Leasing Cooperate and assist In leasing of commercial/office space in Project Area.
Rehabilitation Assist property owners with renovations and other improvements to deteriorating
commercial and industrial properties In the Project Area.
Planning Activities Prepare and implement downtown parking master plan,downtown specific plan,
Pacific Coast Highway/1st Street property master plan,and other plans to
coordinate development in Project Area.
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Southeast Coastal Redevelopment Project
l%edevep
lo menu Plan
June 17, 2002
Redevelopment Agency of the City of Huntington Beach
2000 Main Street, 5th Floor
Huntington Beach, California 92648
Rosenow Spevacek Group,Inc.
540 North Golden Circle,Suite 305
Santa Ana,California 92705
Phone:(714)541-4585
Fax:(714)836-1748
E-Mail:info@webrsg.com
Redevelopment Plan
Southeast Coastal Redevelopment Project
Table of Contents
SECTION 1 (100) INTRODUCTION.............................................I
SECTION 11 (200) GENERAL DEFINITIONS ...............................2
SECTION 111 (300) PROJECT AREA BOUNDARIES....................3
SECTION IV (400) REDEVELOPMENT PLAN GOALS.................3
SECTION V (500) REDEVELOPMENT PLAN ACTIONS..............5
(501) General.........................................................................................5
(502) Property Acquisition...................................................................6
(505) Participation by Owners and Persons Engaged in Business 7
(509) Implementing Rules...... ......... .......: ......... ......... .................9
(510) Cooperation with Public Bodies................................................9
(511) Property Management.............................................................. 10
(512) Payments to Taxing Agencies................................................. 11
(513) Relocation of Persons Displaced by a Project......................11
(516) Demolition,Clearance, Public Improvements,Site
Preparation and Removal of Hazardous Waste.....................12
(521) Rehabilitation, Moving of Structures by the Agency and
Seismic Repairs......................................................................... 14
(525) Property Disposition and Development.................................15
(533) Provision for Low and Moderate Income Housing................19
SECTION VI (600) USES PERMITTED IN THE PROJECT AREA20
(601) Maps and Uses Permitted........................................................20
(602) Prohibited Uses.........................................................................20
(603) Public Uses................................................................................20
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
(606) Nonconforming Uses................................................................22
(607) Interim Uses...............................................................................22
(608) General Control and Limitations..............................................22
(618) Design for Development........ .................... ......... ................ 25
(619) Building Permits........................................................................25
SECTION VII (700) METHODS FOR FINANCING THE
PROJECT..............................................................25
(701) General Description of the Proposed Financing Methods...25
(702) Tax Increment Revenue............................................................26
(703) Agency Bonds...........................................................................28
(704) Other Loans and Grants...........................................................28
(705) Rehabilitation Loans,Grants,and Rebates............................28
SECTION Vill (800)`ACTIONS BY THE CITY...........................29
SECTION IX (900) ADMINISTRATION AND ENFORCEMENT...30
SECTION X (1000) PLAN LIMITATIONS..................................30
(1001) Amount of Bonded Indebtedness Outstanding At Any One
Time............................................................................................30
(1002) Time Frame to Incur Indebtedness.........................................30 CPO
(1003) Duration of This Plan................................................................31
(1004) Time Frame to Collect Tax Increment Revenue.....................31
SECTION XI (1100) PROCEDURE OF AMENDMENT................32
Exhibit A— Project Area Map...................................................33
Exhibit B — Legal Description..................................................34
Exhibit C — Listing of the Proposed Projects, Public Facilities,
and Infrastructure Improvements........................38
Exhibit D — Diagram of Permitted and Prohibited Land Uses..40
CO
ROSENOW SPEVACEK GROUP,INC. tw
Am
Redevelopment Plan
Southeast Coastal Redevelopment Project
SECTION 1 (100) INTRODUCTION
(101) This is the Redevelopment Plan for the Southeast Coastal
Redevelopment Project ("Plan"), located in the City of Huntington
Beach, Califomia. It consists of the text (Sections 100 through
1100), the Project Area Map of the . Southeast 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 and
prohibited land uses (Exhibit D).
The Project Area is generally located in southeast Huntington
Beach, between Newland Street and Magnolia Street, from Pack
Coast Highway to Hamilton Avenue.
This Plan has been prepared by the Redevelopment Agency of the
City of Huntington Beach ("Agency`) pursuant to the Califomia
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 revised Preliminary Plan formulated and
adopted by the City of Huntington Beach Planning Commission
and the Agency on June 12, 2001 and July 16, 2001, respectively.
ROSENOW SPEVACEK GROUP,INC. PAGE 1
wwk
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
• 11DEFINITIONS
The following definitions will be used generally in the context of this Plan _
unless otherwise specified herein:
A. "Agency" means the Redevelopment Agency of the City of
Huntington Beach. _
B. "Annual Work Program" means that portion of the Agency's annual
budget that sets forth programs and goals to be accomplished by
the Agency during the fiscal year.
C. "City' means the City of Huntington Beach, California.
D. "City Council" means the legislative body of the City.
E. "County' means the County of Orange, California.
F. "Disposition and Development Agreement" means an agreement
between a developer and the Agency that sets forth terms and.*
conditions for improvement and redevelopment.
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 Agency pursuant to Sections 33352(f) and 33411 of the
Redevelopment Law for the relocation of families, persons and
businesses to be temporarily or permanently displaced by actions
of the Agency.
K. "Ordinance" means City Council Ordinance No. 3561 adopted on
June 17, 2002 adopting this Plan.
L. "Owner" means any person owning fee title to, or a long-term
leasehold interest in real property within the Project Area.
ROSENOW SPEVACEK GROUP,INC. PAGE 2
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
M. "Owner Participation Agreement" means an agreement between
the Agency 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.
N. `Person"means an individual(s), or any public or private entities.
O. "Plan" means the Redevelopment Plan for the Southeast Coastal
Redevelopment Project.
P. "Project"means the Southeast Coastal Redevelopment Project.
Q. "Project Area" means the Southeast Coastal Redevelopment
Project Area, which is the territory this Plan applies to, as shown on
Exhibit A.
R. "Redevelopment Law" means the California Community
Redevelopment Law (Health and Safety Code, Sections 33000, et
seg.)as it now exists or may be hereafter amended.
S. "State"means the State of California.
T. "State Law" means an enactment of State of California, and
includes such regulations as have the force of law.
SECTION11) 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.
The Project Area is generally located in southeast Huntington Beach,
between Newland Street and Magnolia Street, from Pacific Coast Highway
to Hamilton Avenue.
SECTION11) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals:
■ To assist with screening, design, or environmental improvements to
mitigate impacts on adjoining neighborhoods and environmentally
sensitive areas associated with modernization and reconstruction
of the AES power generating plant;
ROSENOW SPEVACEK GROUP,INC. PAGE 3
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
■ To advance the cleanup of environmentally contaminated
properties;
■ To facilitate the reuse of other Project Area properties including the
Edison and tank farm properties, by monitoring and assisting
hazardous material cleanup activities and ensuring that any
ultimate development is compatible with surrounding
neighborhoods and properties;
■ To facilitate the protection and restoration of environmentally
sensitive wetlands in connection with proposed redevelopment
activities;
■ To permit the Agency to assist with park and trail improvements if
any Project Area properties are designated for such uses;
■ Undertake public improvements in, and of benefit to, the project
area, such as streets, flood control facilities, and other public
facilities;
■ To ensure that Project Area revenues are pledged to projects that
directly benefit the area, and that the Project Area remains
separate and distinct from the Agency's existing Huntington Beach
Redevelopment Project Area;
■ To restrict the use of eminent domain to any non-fee ownership
interests such as oil and gas leases;
■ 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; and
■ Increasing, improving, and preserving the community's supply of
housing affordable to very low, low, and moderate income
households.
ROSENOW SPEVACEK GROUP,INC. PAGE 4
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
SECTION11) REDEVELOPMENT PLAN ACTIONS
(501) General
C
The Agency proposes to alleviate and prevent the spread of blight
and deterioration in the Project Area through:
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.
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 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.
I
7. -The acquisition of real property, personal property, any j
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. Improving open space.
ROSENOW SPEVACEK GROUP,INC. PAGE 5 {�
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REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
10. Managing property acquired by the Agency.
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.
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 a nd 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
Agency.
To accomplish these actions and to implement this Plan, the
Agency 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.
(502) Property Acquisition
1. (503) Acquisition of Real Property
The Agency may acquire real property by any means
authorized by law, including by gift, grant, exchange,
purchase, cooperative negotiations, lease or eminent
domain. However, eminent domain may only be used by
the Agency to acquire any non-fee ownership interest such
as oil and gas leases.
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
ROSENOW SPEVACEK GROUP,INC. PAGE 6
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
adoption of the Ordinance. Such time limitations may be
extended only by amendment of this Plan.
To the extent required by law, the Agency 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
Agency is authorized to acquire personal property any other
interest in property and any improvements on property,by
any lawful means:.
(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 Agency; 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 Agency's
rules governing owner participation and re-entry.
ROSENOW SPEVACEK GROUP,INC. PAGE 7
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
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 Agency desires participation in redevelopment activities
by as many owners and business tenants as possible.
However, participation opportunities shall necessarily be -
subject to a nd I imited by s uch f actors a s t he p rovision o r
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
Aso
parcels in the Project Area.
2. (507) Reentry Preferences for Persons Engaged in
Business in the Proiect Area
The Agency 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 Agency's rules g oveming owner participation and
re-entry.
3. (508) Owner Participation Agreements ®
Under an Owner Participation Agreement, the participant
shall agree to rehabilitate, develop, or use the property in
conformance with this Plan and be subject to the provisions
hereof. In the Owner Participation Agreement, participants
Who retain real property shall be required to join in the
recordation of such documents as are necessary to make
the provisions of this Plan applicable to their properties.
Owner Participation Agreements shall include appropriate
remedies such as the ability of the Agency 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
ROSENOW SPEVACEK GROUP,INC. PAGE 8 _
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
participant breaches the terms of such Owner Participation
Agreement.
-If conflicts develop between the desires of participants for
particular sites or.land uses, the Agency is authorized to
establish reasonable priorities and preferences among the
owners and tenants.
Where the Agency determines that a proposal for
participation is not feasible, is not in the best interests of the
Agency or City or that redevelopment can best be
accomplished without affording a participant an opportunity
to execute an Owner Participation Agreement, the Agency
shall not be required to execute an Owner Participation
Agreement.
(509) Implementing Rules
The provisions of Sections 505 through 508 of this Plan shall be
implemented according to the rules adopted by the Agency prior to
the approval of the Ordinance, which may be amended from time
to time by the Agency. Such rules allow for Owner Participation
Agreements with the Agency:
(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 Agency
shall seek the aid and cooperation of such public bodies and shall
attempt to coordinate the implementation of this Plan with thej
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 Agency shall seek the
cooperation of all public bodies, which own or. intend to acquire
property in the Project Area.
The Agency 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 Agency 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 !
ROSENOW SPEVACEK GROUP,INC. PAGE 9
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REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
Project Area) where such land, buildings, facilities, structures, or
other improvements are of benefit to the Project Area.
(511) Properly Management
00
During such time as property, if any, in the Project Area is owned 000
by the Agency, such property shall be under the management and 00
control of the Agency. Such properties may be rented or leased by
the Agency pending their disposition.
ROSENOW SPEVACEK GROUP,INC. PAGE 10
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
(512) Payments to Taxing Agencies
The Agency 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 Agency shall
remit payments to the affected taxing agencies in a manner
consistent with Section 33607.5, Section 33676(b), and any other f
pertinent and applicable sections of the Redevelopment Law.
r �
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 Agency 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 Agency to affected taxing entities for
the duration of this Plan.- Such payments may be subordinated to
loans, bonds, or.other Agency indebtedness as provided by the
Redevelopment Law.
(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.) ("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 Agency, the Agency
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 Agency shall make a reasonable
effort to relocate displaced individuals, families, and
commercial and professional establishments within the
ROSENOW SPEVACEK GROUP,INC. PAGE 11
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
Project Area. The Agency is also authorized to relocate
displaced persons to locations outside the Project Area.
2. - (515) Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by r
law and in conformance with the Relocation Rules,
Relocation Guidelines, Relocation Assistance Act, the
Redevelopment Law, and any other applicable rules and '
regulations. r
(516) Demolition, Clearance, Public Improvements,Site
Preparation and Removal of Hazardous Waste
1. (517) Demolition and Clearance
The Agency is authorized, for property acquired by the
Agency or pursuant to an agreement with the owner of
property, to demolish, clear or move buildings, structures, or
other improvements from any read property as necessary to
carry out the purposes of this Plan.
2. (518) Public Improvements
To the greatest extent permitted by law, the Agency 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 cant' out the purposes of this Plan. Specifically, the
Agency 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 therefore. Additionally, the Agency 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 p ublic body o r e ntity for t he benefit of the P roject
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
ROSENOW SPEVACEK GROUP,INC. PAGE 12
.K
a •
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
that may be undertaken by the Agency pursuant to this Plan
are identified in the General Plan, and capital improvement
program, incorporated herein by reference.
The Agency, as it deems necessary to carry out the Plan
and subject to the consent of the City Council, as may be
required by the Redevelopment Law, may pay all or part of
the value of the land for and the cost of the installation and
construction of any building, facility, structure or other
improvement which is publicly owned either within or outside
the Project Area, upon both the Agency 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
Agency 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
Agency under such contract shall constitute an
indebtedness of the Agency for the purposes of carrying out
this Plan.
3. (519) Preparation of Building Sites
Any real property owned or acquired by the Agency 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 Agency may, in its sole
discretion, take any actions, which the Agency 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.
ROSENOW SPEVACEK GROUP,INC. PAGE 13
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
(521) Rehabilitation, Moving of Structures by the Agency and
Seismic Repairs
1. (522) Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve,or to
cause to be rehabilitated and conserved, any property,
building or structure owned by the Agency. The Agency 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 Agency to the extent
permitted by the Redevelopment Law. The Agency is
authorized to acquire, restore, rehabilitate, move and
conserve buildings of historic or architectural significance.
The Agency is authorized to conduct a program of fog
assistance and enforcement to encourage owners of 000
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 Agency based upon such
objective factors as:
a. Compatibility of rehabilitation with land uses as
provided for in this Plan.
b. Economic feasibility of proposed rehabilitation and
conservation activity. `
C. Structural feasibility of proposed rehabilitation and
conservational activity.
d. The undertaking of rehabilitation and conservation
activities in an expeditious manner and in
conformance with the requirements of this Plan and
such property rehabilitation standards as may be
adopted by the Agency.
e. The need for expansion of public improvements,
facilities and utilities.
f. The assembly and development of properties in
accordance with this Plan.
f
f
f
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REDEVELOPMENT PLAN
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- The Agency may adopt property rehabilitation standards for
1 the rehabilitation of properties in the Project Area.
2. (523) Moving of Structures
As necessary in carrying out this Plan, the Agency 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 Agency within the Project
Area for building rehabilitation or alteration in construction,
the Agency may, by following all applicable procedures
which are consistent with local, State, and federal law, take
those actions which the Agency determines are necessary
to provide for seismic retrofits.
(525) Property Disposition and Development
1. (526) Real Property Disposition and Development
a. (527) General
For the purposes of this Plan, the Agency 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
Agency 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 Agency 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 Agency 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 f or
improvement and use of the property in
conformance with this Plan. Real property may be
ROSENOW SPEVACEK GROUP,INC. PAGE 15
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
conveyed by the Agency 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
Agency 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 Agency fixes as
reasonable, and to comply with other conditions
which the Agency deems necessary to carry out
the purposes of this Plan.
During the period of redevelopment in the Project
Area, the Agency 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.
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
Agency, a s well a s a II p roperty s ubject 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
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1
appropriate, as determined by the Agency, 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 Agency may
contain restrictions, covenants, covenants running
with the land, rights of reverted, conditions
subsequent, equitable servitudes, or any other
' provisions necessary to cant'out this Plan.
The Agency 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 Agency shall obligate lessees and purchasers
of real p roperty a cquired i n the P roject A rea a nd
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 Prope& Disposition
For the purposes of this Plan, the Agency 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,
color, creed, religion, sex, marital status, national
i
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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 Agency relating to the sale, transfer or leasing
of land, or any interest therein acquired by the
Agency w ithin a ny s urvey a rea o r 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 d eeds, I eases, o r contracts w hich t he Agency
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 orl
through him or her, establish or permit any
such practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees
in the premises herein conveyed. The ,
foregoing covenants shall run with the land."
In leases,the following language shall appear. :
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`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
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."
(533) Provision for Low and Moderate Income Housing
The Agency 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 Agency shall have all of the powers and
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authorization to act as may, from time to time, be provided by the
Redevelopment Law and other applicable provisions of law.
SECTIONr IN THE PROJECT
(601) Maps 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 and prohibited
uses is presented on Exhibit D.
(602) Prohibited Uses
Notwithstanding, any other provision of this Plan and the General
Plan the following uses are not permitted by this Plan:
■ Auto dismantling
Heliports Maintenance & Service Facilities
• Sex Oriented Businesses (regulated by HBMC Chapter 5.24 &
5.60)
■ Small animal production and processing
• Swap Meets, Indoor/Flea Markets
• Vehicle Storage
• Vehicle/Equipment Repair
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(603) Public Uses
1. (604) Public Street Layout, Rights-of-Way and
Easements
The p ublic street system a nd street layout f or the Project
Area is illustrated on the Map identified as Exhibit A. The
street system in the Project Area shall be developed in
accordance with the General Plan, and all other state and
local codes, guidelines, or master or specific plans as they
now exist or are hereafter amended.
Certain streets and rights-of-way may be widened, altered,
realigned, abandoned, vacated, or closed by the City as
necessary for proper development of the Project Area. f
Additional easements may be created by the Agency and
City in the Project Area as needed for proper development
and circulation. 1
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.
rt
2. 605 Other Public and Open Space Uses ,
Both within and, where an appropriate finding has been
determined, outside of the Project Area, the Agency 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, I
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 1
approved by the City. The Agency may impose such other
reasonable restrictions as are necessary to protect
development and uses in the Project Area.
ROSENOW SPEVACEK GROUP,INC. PAGE 21 s'
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(606) Nonconforming Uses
The Agency 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 Agency 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 Agency, such
improvements would be compatible with surrounding Project Area
uses and proposed development.
(607) Interim Uses
Pending the ultimate development of land by developers and
participants, the Agency 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.
(608) General Control 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
subdivided, 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 s et forth i n Section 1000 below. The t ype, s ize, 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. I
1. (609) New Construction
Ito
All construction in the Project Area shall comply with all el `
applicable State and local laws in effect from time to time. tw
In addition to the City land use regulations and requirements
ROSENOW SPEVACEK GROUP,INC. PAGE 22
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in the Project Area, additional specific performance and
development standards may be adopted by the Agency to
control and direct improvement activities in the Project Area.
2. . (610) Rehabilitation
Any existing structure within the Project Area which the
Agency 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. (611) Number of Dwelling Units
The General Plan shall regulate the total number of dwelling
units in the Project Area. As of the date of adoption of this
Plan,there are zero (0)dwelling units in the Project Area.
4. (612) Open Space and Landscaping
ii
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 speck plans as they
now exist or are hereafter amended, and those areas in the
public rights-of-way or provided through site coverage
limitations on new development as established by the City
and this Plan. Landscaping shall be developed in the
Project Area to ensure optimum use of living plant material
in conformance with the standards of the City. y
5. (613) 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. (614) Signs
All signs shall conform to the requirements of the City.
Design of all proposed new signs shall be subject to the
review of the City and the procedures of this Plan.
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7. (615) Utilities
The Agency, 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 Agency or subject
to a Disposition and Development Agreement or an Owner
Participation Agreement.
8. (616) 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. (617) Variations
The Agency is authorized to permit variations from the limits,
restrictions and controls established by this Plan. In order to
permit any such variation, the Agency 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.
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 Agency 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.
ROSENOW SPEVACEK GROUP,INC. PAGE 24
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e
(618) Design for Development
Within the limits, restrictions, and controls established in this Plan,
and subject to the provisions of Sections 601 and 608 herein, the
Agency is authorized to establish land use, 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. Among the purposes of the
design for development is to elevate the quality and character of
future Project Area development by restricting land use and
development standards within the parameters of the General Plan
(and all other applicable codes and ordinances).
No new improvement shall be constructed, and no existing
improvement shall be substantially m odified, altered, repaired, or
rehabilitated except in accordance with this Plan and any such
controls approved by the Agency. In the case of property, which is
the subject of a Disposition and Development Agreement or an
Owner Participation Agreement with the Agency, 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 Agency shall not approve any plans that do not comply
with this Plan except as permitted by Section 617 of this Plan.
(619) 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 Agency, any restrictions or controls
established by resolution of the Agency, and any applicable
participation or other agreements.
SECTION11) METHODS FORPROJECT
(701) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency is
authorized to finance implementation of this Plan with assistance
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REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
from local sources, the State and/or the federal government,
property tax increment, interest income, Agency bonds, donations,
loans from private financial institutions or any other legally available
source.
The Agency 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 Agency. 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 Agency, City and/or other public
agency providing such assistance.
The Agency may issue bonds or other obligations and expend their
proceeds to carry out this Plan. The Agency 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 Agency shall pay the principal and interest on bonds
or other obligations of the Agency as they become due and
payable.
(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 July 17, 2002 (30 days after the City Council adopted the
Ordinance, June 17,2002).
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
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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 w hich d id not i nclude t he t erritory i n t he P roject
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 oft he 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 s hall b e a[located t o a nd w hen c ollected s hall b e
paid into a special fund of the Agency to pay the principal of
and interest on loans, monies advanced to, or indebtedness
(whether funded, refunded, assumed, or otherwise) incurred
by the Agency 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 Agency is authorized to make pledges as to speck advances,
loans and indebtedness as appropriate in carrying out the Project.
The portion of taxes allocated and paid to the Agency pursuant to
ROSENOW SPEVACEK GROUP,INC. PAGE 27
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REDEVELOPMENT PLAN
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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
Agency to finance or refinance, in whole or in part, the
redevelopment program for the Project Area.
(703) Agency Bonds
The Agency 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 Agency 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 Agency are not a debt of
the City, County, or the State; nor are any of its political
subdivisions I iable for t hem; nor i n any a vent s hall t he bonds or
obligations b e p ayable o ut o f any funds o r p roperties o ther t han
those.of the Agency; 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. -
(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 a ddition, t he A gency m ay m ake I oans a s permitted b y I aw t o
public or private entities for any of its redevelopment purposes.
(705) Rehabilitation Loans, Grants,and Rebates
To the greatest extent allowed by State Law, the Agency 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 Agency 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.
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1
1SECTION Vill (800) ACTIONS
1
The City shall aid and cooperate with the Agency 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:
t 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
j 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 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 bome 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 otherfunctions 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 cant'out the Project.
7. The expenditure of any City funds in connection with
redevelopment of the Project Area pursuant to this Plan.
ROSENOW SPEVACEK GROUP,INC. PAGE 29
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SOUTHEAST COASTAL REDEVELOPMENT PROJECT
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.
Upon adoption, the administration and enforcement of this Plan or other
documents implementing this Plan shall be performed by the City and/or
the Agency,as appropriate.
The provisions of this Plan or other documents entered into pursuant to
this Plan may also be enforced by litigation or simrlar proceedirigs by
either the Agency or the City. Such remedies may include, but are not
limited to,s`ecific performance, damages, re-entry onto property,payer of
termination or injunctions. In addition, any recorded prov'sions, vfiich are
expressh'fcr the benefit of owners of property in the Project Area,may be
enforced by such owners.
SECTION X 0� � • •
ANN—
The fotl �k%fr'g financial and time limitations shall apply to tip Pzn;
(1 OOi) Amount of Bonded Indebtedness Outstandiiiig At Any
One Time
-e amount of bonded indebtedness, to be r--paid is•, ; e or in
:atfrom the allocation of taxes pursuant to Secfcn 23PI70 of the
= development Law, which can be outstand-hc at oiF je shall
a exceed$50 million, except by amendmerf to nL=grL
(1 o02) Time Frame to Incur Indebtedness
-e time limit on the establishing of loafs era-ref end
rce-btedness to be paid with the proceec�s cr pr- t
j s
faxeived pursuant to Section 33670 of the Rece.�op-,
to
ice in whole or in part the redevelopmert {{ be a
mod of twenty (20) years from the eerie dam, 6f the
-r6nance. This limit, however, shall not , `i-z Agency
-crz incurring debt to be paid from the low a-d -mta--:�g-income
`cLsing fund or establishing more debt c c r� t the
gen y's housing obligations under Sect& �w � the
=edevelopment Law. The loans, advance :r
�j be repaid over a period of time longer a'is tr~y as
R.Z r;� {GROUP,INC. �30
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
provided herein. No loans, advances, or indebtedness to be
repaid from the allocation of taxes shall be established or incurred
by the Agency beyond this time limitation. This limit shall not
prevent the Agency 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.
a
(1003) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions
of this Plan, and recorded covenants implementing the same,
which shall remain in effect in perpetuity, and except as otherwise
expressly provided herein, the provisions of this Plan shall be
effective, and the provisions of other documents formulated
pursuant to this Plan shall be effective for thirty (30) years from
the date of adoption of the Ordinance adopting this Plan.
After the expiration of the effective term of the Plan, the Agency
shall have no authority to act pursuant to the Plan except to pay
j previously incurred indebtedness and to enforce existing
covenants or contracts. However, if the Agency has not
completed its housing obligations pursuant to Section 33333.8 of
the Redevelopment Law, the Agency shall retain its authority to
implement requirements under 33333.8, 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.
(1004) _Time Frame to Collect Tax Increment Revenue
j 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.
ROSENOW SPEVACEK GROUP,INC. PAGE 31
REDEVELOPMENT PLAN 1
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
SECTION • 1) PROCEDURE OF 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.
owl
(00
ROSENOW SPEVACEK GROUP,INC. PAGE 32
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Redevelopment Plan
Southeast Coastal Redevelopment Project
Exhibit B—Legal Description
All that certain land in the City of Huntington Beach, County of Orange,
State of California lying over a portion of Fractional Sections 13 and 24, �os
Township 6 South, Range11 West, San Bernardino Meridian, in the
Rancho Las Bolsas, as shown on the map filed in Book 51, page 14 of
Miscellaneous Maps, in Records of said County, more particularly
described as follows: ;
Beginninq at the intersection of the centerline of Hamilton Avenue, 100
feet wide, with the centerline of Magnolia Street, 100 feet wide, as shown
on the Parcel Map filed in Book 226, pages 19 thru 21 inclusive, of Parcel
Maps, in Records of said County. Said centerline intersection also being
GPS No. 5011, having a grid coordinate value of Northing 2,184,630.70
U.S. survey feet and Easting 6,037,967.14 U.S. survey feet based upon
the California State Plane Coordinate System of 1983, Zone Vl, (1991.35 -
epoch adjustment), as shown on the map filed in Book 150, pages I thru 9
too
inclusive, of Records of Surveys, in Records,of said County.
1 Thence S 0017'18" W, 2119.86 feet along the centerline of Magnolia
Street, to the beginning of a tangent curve concave northwesterly, having
a radius of 1000.00 feet, as shown on Record of Survey 99-1000, filed in t
Book 176, pages 10 thru 19 inclusive of Records of Surveys, in Records of
said County;
2 Thence southerly and southwesterly 478.69 feet along said curve (chord
length of 474.13 feet) through a central angle of 27025'36" to it's
intersection with the centerline of Banning Avenue, 80 feet wide, as shown
on said Record of Survey 99-1000 said point of intersection also being
GPS 5006, having a grid coordinate value of Northing 21,182,050.83 U.S.
survey feet and Easting 6,037,841.76 U.S. survey feet based u pomt. he
California State Plane Coordinate System of 1983, Zone VI, (1991.35
epoch adjustment), as shown on said Record of Survey filed in Book 150,
page I thru 9 inclusive, of Records of Surveys;
3 Thence continuing southwesterly 283.97 feet along said curve (chord
length of 283.02 feet) through a central angle of 16016'13" as shown on
said Record of Survey 99-1000;
ROSENOW SPEVACEK GROUP,INC. PAGE 34 .
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
4 Thence S 43059'07" W, 225.64 feet to a curve concave southeasterly,
having a radius of 828.64 feet, as shown on said Record of Survey 99-
1000;
5 Thence southwesterly 140.60 feet along said curve (chord length of
140.44 feet)through a central angle of 9043'19 to its intersection with the
northeasterly line of the land of Daisy E. Hurley Thorpe Hook as shown on
the Record of Survey filed in Book 29, page 27 of Records of Surveys;
6 Thence N 51008'17"W, 146.50 feet, non tangent to last said curve a radial
line to said point of non-tangency bears N 55044'12"W;
7 Thence N 4405644" W, 490.29 feet along the northeasterly line of said
Record of Survey filed in Book 29, page 27, as shown on Record of
Survey 99-1000 filed in Book 176, pages 10 thru 19 inclusive, of Records
of Surveys;
8 Thence leaving said northeasterly line S 35032'58" W, 912.93 feet; along
the southeasterly line of the land as described in Book 6893, page 573
thru 576 inclusive of Official records in Orange County Records and
shown on the Record of Survey filed in Book 74, page 11 of Records of
Surveys, extended to the State Highway layout line, for Pacific Coast
Highway as shown on said Record of Survey 99-1000;
9 Thence N 54027'02" W, 2014.02 feet, along said layout line to it's
intersection with Newland Street, 40 foot wide, as shown on said Record
of Survey 99-1000;
10 Thence N 35031'57" E, 780.71 feet, to the beginning of a curve, concave
westerly, having a radius of 350.00 feet: said point also being GPS 5007,
having a grid coordinate value of Northing 2,183,052.60 U.S. survey feet
and Easting 6,035,254.55 U.S. survey feet based upon the Califomia
State Plane Coordinate System of 1983, Zone VI, (1991.35 epoch
adjustment), as shown on said Record of Survey filed in Book 150, page 1
thru 9 inclusive, of Records of Surveys;
11 Thence northeasterly and northerly 215.36 feet (chord length is 211.98
feet)through a central angle of 35015'18'
12 Thence N 0016'38" E, 1401.35 feet, along the centerline of Newland Street
as shown on said Record of Survey 99-1000, said centerline also being
the north-south center Section line of said fractional Section 13, to it's
intersection with the centerline of Hamilton Street, 100 feet wide, said point
of intersection also being GPS 5010 R1, having a grid coordinate value of
Northing 2,184,655.64 U.S. survey feet and Easting 6,035,326.50 U.S.
survey feet based upon the Califomia State Plane Coordinate System of
ROSENOW SPEVACEK GROUP,INC. PAGE 35
i
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
1983, Zone VI, (1991.35 epoch adjustment), as shown on said Record of
Survey filed in Book 150, page 1 thru 9 inclusive, of Records of Surreys;
13 Thence S 8911,27-32"E, 2640.75 feet to the Point Of Beginning
(Contains 184.475 acres more or less)
Excepting therefrom the following exception areas:
Exception Area No. 1
The land described as Parcels 1 and 2, as shown on the Parcel Map filed
in Book 48, page 41 of Parcel Maps,filed in Orange County Records,
more particularly described as follows:
Beginning at the centerline intersection of Newland Street and Hamilton
Avenue, said intersection also being said GPS 5010 121;
A Thence S 89027'32" E, 86.00 feet, along the centerline of Hamilton
Avenue;
B Thence leaving said centerline S 003228"W, 50.00 feet to the south
line of Hamilton Avenue and the True Point of Beginning;
C Thence S 89027'32" E, 554.12 feet, along said south line;
D Thence leaving said south line S 001644"W`345.03 feet;
E Thence N 89028'03"W, 80.00 feet;
F Thence S 001644"W, 120.00 feet;
G Thence N 89028'03" W, 520.07 feet, to a point on the east line
of Newland Street, 60.00 feet wide (20 feet west of and 40 feet east of
centerline);
H Thence along said east line N 0016'23" E, 355.12 feet;
I Thence leaving said east line S 8902732" E, 46.00 feet;
J Thence N 0016'23" E, 110.00 feet to the True Point Of Beginning.
(Contains 6.070 acres more or less)
Exception Area No. 2:
The land as described as Parcel 1, as shown on the Parcel Map filed in
Book 155, page 28 of Parcel Maps, in Orange County Records, more
particularly described as follows:
Beginning at the centerline intersection of Newland Street and Hamilton Avenue,
said intersection also being said GPS 5010 R1;
I Thence S 89027'32" E,820.45 feet along said centerline of Hamilton Avenue;
II Thence leaving said centerline S 003228"W, 50.00 feet to the south line of
said Hamilton Avenue and the True Point Of Beginning;
III Thence S 89027'32" E, 500.00 feet along said south line;
IV Thence leaving said south line S 0016'46"W,609.93 feet;
ROSENOW SPEVACEK GROUP,INC. PAGE 36
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
1
V Thence N 89027'56"W, 77.20 feet to a point on a non-tangent curve
concave southwesterly and having a radius of 457.69 feet, a radial line
through said point bears N 4702459" E;
s VI Thence northwesterly 374.50 feet along said curve(chord length is 364.14
feet)through a central angle of 46°52'55"to a tangent line;
VII Thence N 89027'56"W,89.36 feet along said tangent line;
' VIII Thence N 0016'46" E, 465.13 feet to the True Point Of Beginning.
(Contains 5.937 acres more or less)
Total Net area of Redevelopment Area: 172A68 acres more or less
Unless otherwise noted, all distances are ground distances in this
description,to obtain grid distances, based upon the California Coordinate
System, (CCS83),Zone VI, (1991.35 epoch adjustment), multiply ground
distances by .999997441.
(original signed)
LAND SG9
m s
9;6 OF Oil Z5 01
osep`h G Derleth R I ,S 7 34!,1 Date
(Joseph G Derleth P.L.S 7340 Date 9/25/01)
ROSENOW SPEVACEK GROUP,INC. PAGE 37
Redevelopment Plan
Southeast Coastal Redevelopment Project
Exhibit C—Listing of the Proposed Projects, Public Facilities, and _
ImprovementsInfrastructure
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:
■ Citywide Affordable Programs: T he Agency w ill invest housing set-
aside funds into the creation or rehabilitation of housing for low and
moderate income households throughout the City.
Infrastructure Programs
Improve pedestrian, bicycle, and vehicular traffic flows, upgrade utilities and drainage
systems, enhance public safety, and promote recreational opportunities in and around the
Project Area. Projects include, but are not limited to, the following:
■ Storm Drain Proiects: Upsize existing storm drains, install new storm
drains, and install new pumping stations to facilitate future
development and improve inadequate facilities.
■ Flood Control Proiects: Complete channel lining of the Orange County
Flood Control Channel, and other flood management programs or
projects as warranted.
■ Street Improvements: Widen Newland Street, Hamilton Avenue, and
Magnolia Street, and other streets as needed and install and/or
upgrade the traffic signalization systems as necessary.
■ Water System Proiects: Install new water mains along Edison Avenue
and Newland Street, as well as a new water reservoir and pump
station in the Project Area.
■ Streetscape Proiects: Continue implementation of median and other
streetscape projects along Pacific Coast Highway and other arterials
serving Project Area.
■ Recreational/Open Space Projects: Protect environmentally sensitive
areas, restore wetlands, a nd work w ith State, County, and nonprofit
agencies on recreational, beach paths, and other improvements to
ROSENOW SPEVACEK GROUP,INC. PAGE 38
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
Project Area open spaces.
s Public Facility Programs
s Develop and renovate community facilities that meet the needs of both the Project
Area and City when there has been a finding of benefit to the Project Area, such as:
■ Edison Community Center
a Edison Park
■ Edison High School and neighborhood schools
a Commercial Rehabilitation and Economic Development Programs
Implement projects that result in the redevelopment of obsolete structures and
cleanup contaminated properties. Projects include, but are not limited to, the
following:
i ■ Ascon Landfill Redevelopment: Work with property owners of Ascon
Landfill to ensure timely and effective remediation and reuse of the
Ascon Landfill.
■ Transition of Existing Obsolete Uses: As existing industrial uses in
Project Area become obsolete and recycle, ensure that future
development is more compatible with surrounding neighborhoods and
other environmentally sensitive areas.
■ AES Generating Facility: Assist with screening, design, or
environmental improvements to mitigate impacts on adjoining
neighborhoods and environmentally sensitive areas associated with
modernization and reconstruction of the AES power generating plant
ROSENOW SPEVACEK GROUP,INC. PAGE 39
Redevelopment Plan
Southeast Coastal Redevelopment Project
Exhibit t Prohibited Land Uses
A diagram of uses permitted by the City's General Plan follows. As stated
in Section VI of this Plan, uses permitted in the Project Area shall be those
permitted by the General Plan and zoning ordinance, as they exist today
or are hereafter amended. However, this Plan prohibits the following uses
from the Project Area, notwithstanding any other provision of this Plan and
the General Plan:
o Auto dismantling
o Heliports Maintenance & Service Facilities
o Sex Oriented Businesses (regulated by HBMC Chapter 5.24 & 5.60)
o Small animal production and processing
o Swap Meets, Indoor/Flea Markets
o Vehicle Storage
o Vehicle/Equipment Repair
ROSENOW SPEVACEK GROUP,INC. PAGE 40
1
REDEVELOPMENT PLAN
SOUTHEAST COASTAL REDEVELOPMENT PROJECT
1
General Plan
Southeast Coastal
Area
a
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/ ROSENOW SPEVACEK GROUP, INC. PAGE 41
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 4
(formerly Yorktown-Lake Redevelopment Project Area)
LEGAL DESCRIPTION
YORKTOWN•LAKE REDEVELOPMENT PROJECT AREA
'That portion of Section 2,Township 6 South,Range 11 West,in the Rancho La Bolsas,in the
City of Huntington Beach,County or Orange,State of California,as shown on a map recorded
in Book 51,page 14 of Miscellaneous Maps,in the Office of the County Recorder of said
County described as follows:
Beginning at the centerline intersection of Yorktown Avenue and Main Street;
thence west along said centerline of Yorktown 60 feet to the west line of Main Street;
thence along said west line North 50 feet to the westerly extension of the north line of
Yorktown Avenue,said point being the True Point of Beginning;
thence along said mentioned north line East 420 feet to a curve concave southwesterly having
a radius of 850 feet;
thence easterly and southeasterly along said curve thru a central angle of 38' 14'40'an arc
distance of 567 feet to a reverse curve concave northeasterly having a radius of 750 feet;a
radial to said point bears North 38°14'40'East;
thence along said reverse curve southeasterly and easterly thru a central angle of 35°46'09'
an arc distance of 455 feet to the intersection with the east line of a 40 foot wide strip of land
shown on the map of said Tract No.12 recorded in Book 9,page 13 of Miscellaneous Maps in
the Office of the Orange County Recorder as S.P.R.R.right-of-way;
thence South 1054 feet along said east line to the easterly extension of the southerly line of
Utica Street being 60 feet in width,30 feet either side of centerline;
thence West 1383 feet along said easterly extension,southerly line and its westerly extension
of Utica Street to the most westerly line of Main Street as shown on said mentioned map of
Tract No.12;
thence North 1396 feet along said west line to the True Point of Beginning.
HUNTINGTON BEACH REDEVELOPMENT PROJECT
Subarea 5
(formerly Main-Pier Redevelopment Project Area)
LEGAL DESCRIPTION
MAIN-PIER REDEVELOPMENT PROJECT AREA
That portion of Huntington Beach,County of Orange,State of California as shown on a map
recorded in Book 3,page 36 of Miscellaneous Maps in the Office of the County Recorder of
said County described as follows:
Beginning at the center line intersection of Pacific Coast Highway and Lake Street shown as
Ocean Avenue and First Street respectively on said mentioned map;
thence along the center line of Pacific Coast Highway South 48° 21'42'East 37.50 feet to the
intersection with the southwesterly extension of the southeast line of Lake Street;
thence along said mentioned extension South 41'38' 18'West 50 feet to the True Point of
Beginning,said point being distant Southeast 48°21'42'East 1655 feet along the southwest
line of Pacific Coast Highway to the intersection with the southwesterly extension of the
northwest line of Sixth Street;
thence continuing South 41°38' 18'West 525 feet more or less along said extension to the
High Mde Line of the Pacific Ocean;
thence northwesterly 910 feet more or less along said High fide Line to a line parallel with and
35 feet southeasterly measured at right angles from the southwesterly extension of the line of
Main Street as shown on said Map of Huntington Beach; !4
thence along said mentioned parallel line 41°38' 1S'West 1470 feet to a line parallel with and If
60 feet southwesterly,measured at right angles from the southwesterly end of the Huntington
Beach Municipal Pier,
thence North 48°21'42'West 145 feet along said parallel line to a line parallel with and 35 feet
northwesterly measured at right angles,from the southwesterly extension of the northwest line
of Main Street
thence North 41° 38' 18'East 1470 feet to the High Tide Line of the Pacific Ocean
thence northwesterly 600 feet more or less along said High Tide Line to the southwesterly
extension of the northwest line of Sixth Street;
thence along said extension and northwest line of Sixth Street North 41° 38'18'East 1035 feet
more or less to the intersection with the northeast line of Walnut Avenue,being 60 feet in
width,30 feet either side of center line,said point being distant North 41'38'18'East along
said northwest line 510 feet from the southwest line of Pacific Coast Highway,
thence along said riortheast line of Walnut Avenue South 48°21'42"East 1330 feet to an angle
point in said line,said point also being on the southeast line of Second Street being 60 feet in
width,30 feet either side of center line;
thence continuing along said northeast line South 10°09'04'East 414 feet to the southeast
line of Lake Street;
thence along said southeast line South 41°38' 18'West 254 feet to the True Point of
Beginning.
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