HomeMy WebLinkAboutStaff Report 11/16/2000 (26) l• t
ATTACHMENT 14
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AMENDED AND RESTATED
• REDEVELOPMENT PLAN FOR THE
CENTRAL BUSINESS.DISTRICT REDEVELOPMENT PROJECT
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Prepared by the
Petaluma Community Development Commission
Petaluma, California
April 5, 2001
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TABLE OE CONTENTS
PART I. INTRODUCTION 1
A. General Statement 1
B. Redevelopment Plan Amendment Goals 2
PART H. GENERAL DEFINITIONS 3
PART III. PROJECT AREA BOUNDARIES 4
PART N. GENERAL PLAN AND LAND USE ISSUES FOR THE
PROJECT AREA 5
A. Conformance with.the General Plan 5
B. Conformance with The Petaluma Specific Plan 6
C. Project Development Standards S
PART V. REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN
OBJECTIVES 12
A. Public Improvements 12
B. Property Acquisition 13
PART VI. PARTICIPATION BY OWNERS & TENANTS THROUGH THE
IMPROVEMENT BY THEM OF THEIR PROPERTIES& BUSINESS
FACILITIES OR THROUGH OTHER OPPORTUNITIES TO
PARTICIPATE IN THE REDEVELOPMENT PROJECT 14
A. Reentry Preferences 14
B. Participation by Owners 14
C. Participation Agreements 15
D. Conforming Owners 15
E. Refusal to Participate 15
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F. Establishment of Priorities 15
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G. Participation by Groups or Corporations 15
H. Participation Rules 15
I. Limits oh Participation 16
J. Application of Plan 16
PART VII. RELOCATION ASSISTANCE TO.DISPLACED RESIDENTIAL
AND NONRESIDENTIAL OCCUPANTS 16
A. Assistance to Owners and Tenants 16
B. Assistance to Business and Industry 17
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C. Replacement Dwelling Units 17
D. Demolition, Clearance, and Site Preparation 17
E. Rehabilitation and Moving of Structures; Assistance for Certain
Private Improvements 18 •
PART VIII. PROPERTY DISPOSITION ANDDEVELOPMENT 18
A. General 18
B. Purchase and Development by Participants 19
C. Purchaseand Development Documents - 19
D. Obligations to be.Imposedon Redevelopers 20
E. Personal Property Disposition 20
F. Prevention of Discrimination 20
G. Conveyances by the Agency 20
H. .Other Contracts, Deeds, and Leases for Conveyance of Project Area
Property 21
I. Duration 21
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• PART IX. METHODS FOR FINANCING THE PROJECT 22
A. General Provisions 22
B. Affordable Housing;Financing 22
C. Tax Increments 22
D. Bonds 23
E. Other Loans,,Grants and Advances 24
PART X. ACTIONS BY THE CITY 24
PART XI. ENFORCEMENT 25
PART XII. DURATION OF THIS PLAN AND RELATED TIME LIMITS 26
A. Original Area 26
B. Added Area 26
C. General Exception 27
PART XIII. SEVERABILITY 27
PART XIV. PROCEDURE FOR AMENDMENT 27
PART XV. AUTHORITY`OF"THE AGENCY 28
PART XVI. BONDED INDEBTEDNESS LIMIT 28
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PART I.
INTRODUCTION
A. General Statement •
This is the Amended and Restated.Redevelopment Plan for the Central Business District
Redevelopment Project (the "Plan"). This Plan consists of text (Part I through Part XIV), a
Boundary Map (Exhibit A), a Legal Description (Exhibit B), a Land Use Map (Exhibit C), and a
list of Initially Proposed Programs and Projects'(ExhibitD).
This Amended and Restated. Redevelopment Plan for the Central Business District
amends and restates, in its entirety, the Central Business District Area Redevelopment Plan
initially adopted by Petaluma City Council Ordinance No. 1221 N.C.S. dated September 27,
1976 and previously amended by Petaluma City Council Ordinance No. 1973 dated November
21, 1994.
This Plan has been prepared by the Petaluma Community Development Commission of .
the•City of Petaluma (the "PCDC'-') pursuant to the Constitution of:the State of California, the
Community Redevelopment Law of the State of California (the'"Redevelopment Law"), and all
applicable laws and local ordinances.
The continuing redevelopment of the Central.Business District`project area (the "Project
• Area") as described in this Elan:conforms to the General Plan for the City of Petaluma as applied
in accordance with the local codes and ordinances. This Plan is based upon the Amended and
Restated Preliminary Plan for the Project Area formulated and adopted by the Planning
Commission on June 22, 1999.
This Plan provides the PCDC with powers, duties and obligations to implement the
programs generally formulated in this Plan for the redevelopment; rehabilitation, and
revitalization of the Project Area. This Plan does not present: a specific plan or establish
priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any
particular area within the Project Area. Instead, this Plan presents a process and a basic
framework within which specific development plans will be presented, priorities for specific
projects will be established, and ,specific solutions will be proposed, and by which tools are
provided to the PCDC to fashion, develop, and proceed with such specific plans, project, and
solutions
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Many of the requirements contained in this Plan are necessitated by and in accordance
with the statutory provisions in effect at the time of-adoption of this Plan. Such statutory
provisions may be changed from time to time In the event that any such statutory changes affect
this Plan's terms, and would be applicable to the PCDC; the Project; or this Plan, the terms of
this Plan that are so affected:shall"be,automatically superseded.bysuch statutory changes, to the
extent necessary to be in with such statutory changes (and all other terms of the Plan
shall remain in full force and effect).
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B. Redevelopment Plan Amendment Goals
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This Redevelopment Plan Amendment will be undertaken to achieve the following goals
in furtherance of the purposes of the Community Redevelopment Law, the City's General Plan
and the Central Petaluma Specific Plan. The goals of this proposed Plan Amendment are to:
1. Eliminate adverse physical and economic conditions in the Original and Ad ded
Areas.
2. Provide an environment conducive to social and economic growth.
3. Implement the Central Petaluma Specific Plan.
4: Promote economic vitality°in Petaluma's Central Business District by attracting
new jobs that will employPetalumans encouraging new development-and mixed
uses, and-enhancing the downtown.
5. Encourage development, public access, and recreational opportunities'along the
river, and help to integrate'river orientation by rehabilitating older shopping
centers.
6. Provide for a mixture of industrial, office, retail and compatible residential
development. •
7. Provide sufficient parking to serve new businesses and residents while supporting
the use of alternative modes of transportation which facilitates primarily
pedestrian uses.
8. Construct;.and repair,public infrastructure, including streets, sidewalks, curbs and
gutters, water;and sewer systems.
9. Reinforce4he role of the Central Business District as a center for transit.and non-
vehicular modes of travel.
10. Provide !a street system in undeveloped areas that strengthens the existing
roadway network, serves new development, and balances the need for through
movement with livability and:pedestrian/bicycle orientation.
11... Enhance streetscape improvements, including street trees,.landscaping, sidewalks
and strengthen linkages to and along the river through a system of urban open
spaces.
12. Insure a choice of housing types,and locations to all persons,regardless of income,
sex, cultural origin, age, marital status,or physical disabilities.
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PART H.
41/ • GENERAL DEFINITIONS •
The definition of general terms contained in the Redevelopment Law shall govern the
construction of this Plan, unless more specific terms and definitions are otherwise provided in
this Plan. In addition, the following specific definitions are used in this Plan:
A. `Added Area" means the portion of the Project Area added by Ordinance No.
adopted by The Petaluma City Council on _ , 2001, as more
particularly described in the attached Exhibit B. As shown. on Exhibit A (the Project Area
Boundary Map), the Added Area is the area that is within the "Amended Project Boundary," but
outside, the "Original Project Boundary:"
B. "Affordable Housing Fund" means the affordable housing fund established and
maintained by the PCDC in accordance with Health and Safety Code Sections 33334.2 and
33334:3.
C. "PCDC" means the Petaluma Community Development Commission of the City •
of Petaluma.
D. "City'means the City of Petaluma, California.
• E. "City Council" means the City Council of the City of Petaluma, California.
F. "County" means Sonoma County, California.
G. "General Plan" means the City of Petaluma General,Plan,as it now exists or may
hereafter be amended and anyspecific plan applicable to all or portions of the Project Area that
may hereafter be in effect-from time to timer
H. "Land Use Map" means the map setting'forth the permitted land uses and major
circulation routes in the Project Area. The Land Use Map is attached to this Plan as Exhibit C.
I. "Original Area"'`means'the portion of the Project Area established by Ordinance
No 1221 N.C.S. on September 27, 1976, as more particularly described in the attached Exhibit
B. As shown on Exhibit A (the Project Area Boundary Map), the Original Area is the area that
is within the "Original-Project-Boundary."
J. "Owner" means any person owning fee title to, or a long-term leasehold interest
in, "real property" (as defined below) within the Project Area.
K. "Owner Participation Rules" means the Amended.Rules for Owner Participants,
Business Occupants and Property Owners desiring to participaie in redevelopment and Owner
. Participation adopted by the PCDC pursuant to the Redevelopment Law,as such Rules now exist
• or may hereaftenbe amended.
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L. "Person"means any individual, or,any public or private entity.
M. "Personal Property" means moveable property, chattels and any other property
not part of real property.
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N. "Plan" means this Amended and Restated Redevelopment Plan for the Central
Business DistrictRedevelopment Project, as-it now exists or may hereafter be amended.
O. "Planning.Commission"means the Planning Commission of the City of Petaluma,
California.
P. "Project" means the Project Area and the redevelopment activities undertaken
pursuant to this Plan.
Q. "Project Area" means the area,included within the boundaries of the Central
Business District Redevelopment Project, as shown on the Project Area Boundary Map.(Exhibit.
A) and described in the,Legal Description (Exhibit B). The Project Area consists of the Original
Area and the Added Area together As shown on Exhibit A, the Project Area is the area within
the "Amended Project Boundary."
R. "Real Property" means land, including land under water arid waterfront property;
buildings, structures, fixtures and improvements on the land; property appurtenant to or used in •
connection with the land; and every estate, interest, privilege, easement, franchise and right in
land, including but not limited to rights-of-way, terms of years and liens, charges or
encumbrances by way of judgment, mortgages or otherwise and the indebtedness secured by
such liens.
S. "Redevelopment Law" means the Community Redevelopment Law of the=State of
California,(California Health and SafetyCode.Section 33000 et seq.).
T. "Specific Plan" means The Central Petaluma Specific Plan, as it is now proposed
and exists;or hereafter may be adopted and amended applicable to all or portions of the Project
Area that may hereafter be in effect from time to time.
U. "State"means the State of California.
V. "Zoning Ordinance" means the Zoning Ordinance of the City of Petaluma,
California, as it now exists=or may hereafter be amended.
PART III.
PROJECT AREA BOUNDARIES
The Project Area consists of all properties within:the'boundariesshown,on the Boundary
Map (Exhibit A) and described in the Legal Description (Exhibit B). Exhibit B includes a legal •
description of the Original,Area (Exhibit B-1), a legal description of the Western Added Area
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A", (Exhibit B-2), and a legal description of the Eastern Added.Area`B", (Exhibit B-3).
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PART IV.
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GENERAL PLAN AND LAND USE ISSUES FOR THE PROJECT AREA
A. Conformance,with_the General Plan
This Plan conforms to the:General Plan for the City adopted by the City Council on
March 5, 1962, and amended in March 1987. This Planalso"conforms to the Environmental
Design Plan for the City adopted on March 27,.1972 and amended thereafter on June 2, 1975.
1. Permitted Land Use
All land uses within the boundaries of the Plan will be in-conformance with the General
Plan, the Specific Plan and all other applicable state and local building codes and guidelines as
they now exist or may hereafter'be revised,andwill be subject to all review and procedural
requirements in effect as development and redevelopment take place-within the Added Area
boundaries.
2. General Plan Goals And Objectives .
This Redevelopment_Plamwill be undertaken to achieve the;following goals and specific
• objectives in furtherance of the purposes of the Redevelopment Law and the General Plan:
• The elimination of adverse physical and economic conditions within the Project
Area.
• The creation of an environment conducive to social and economical growth.
• The implementation of the Central.Petaluma Specific.Plan. •
• The promotion!ofthe;economic vitality in the Central Business District,by
attracting new jobs that will increase employment opportunities for City residents,
encouraging new development and mixed uses, and enhancing the downtown.
• The creation of development, public access'and recreational opportunities along
the river and the integration of river orientation by the rehabilitation of older
shopping.centers.
• The creation Oft mixture of industrial, office,retail and compatible residential
development.
• The provision of sufficient parking-to.serve new businesses and residents while
supporting the use of alternative modes of transportation.
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The construction and repair of public infrastructures, including streets, sidewalks
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and curbs and gutters.
• The reinforcement of the role of the Central Business District as a center for
transit and non-vehicular modes of travel.
• The creation of a street system in undeveloped areas that strengthens•the existing
roadway network, serves new development, arid balances the;need.for through,
movement with livability and pedestrian/bicycle orientation,
• The enhancement of streetscape'improvements,,including street utrees, landscaping
and sidewalks, and strengthen linkages to and along the river through a system of
urban open spaces. •
• The creation of a choice of housing types and locations to all persons regardless
of income, sex, cultural origin, age, marital status or physical handicaps.
B. Conformance with The Petaluma Specific Plan.
As noted in Section A of this Part, The Plan incorporates the land use standards and
policies of the City's General Plan and The Central Petaluma Specific Plan..
1.. Specific Plan Goals andrObjectives,.
The Specific Plan and the General Plan identify goals and objectives for Central
Petaluma, which mclude most ofthe_eastern portion of the Added Area. Set forth below are
policies of.the Specific Plan which incorporate General Plan policies relevant to redevelopment
activities within theAmended Project Boundary:
City Image:
• Preserve historic resources.
• Shape-and plan new development-for consistency of image and,:improving project
design.
Circulation:
• Encourage intensive new development in and around the Downtown:
• Encourage parking structures at entrances to Downtown.
• Ameliorate traffic flow within and around the Downtown.
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• Housing and Neighborhood'P-reservation.
• Maintain a range of housing to meet the needs ofall Petalumans of all income
levels.
• Increase residential densities near public transit and along major arterials.
• Encourage infill development:with housing in commercial areas.
• Encourage-mixed-use development in Downtown.
• Redevelop older industrial areas as housing with mixed-use.
• Provide commercial support for neighborhoods.
• Improve the condition of.existing.housing and enhance the character of
Petaluma's neighborhoods. -
Economic Development: .
• Build on the character of'the•central retail area by extending the pedestrian .
amenity network;and filling in additional retail;frontage of comparable scale and
• style along the riverfront.
• Reinforce the character of the Downtown by emphasizing its uniqueness,
reinforcing its traditional-role as the community's=major commercial center,
preserving the.:present=level of concentration, attractingvisitors and shoppers, and
strengthening the-City's public and cultural life.
• Encourage both commercial and residential development.
. • Encourage the use of industrial lands primarily for economic base employment.
and increasing the employment density of Petaluma workplace development by
gradually increasing the d ensity of new industrial development by 25 percent
every five years.
• Facilitate the achievement of a balance of jobs and housing.
The applicable City zoning and planning processes (including•any moratoria or
temporary development restrictions imposed by the City)shall continue to have full effect and
shall continue to•serve as the primary determinant for land use decisions.in the Project Area.
Without limiting the:generality:ofthe foregoing,the`Planning Commission,the City Council,
City departments,and other City boards and commissions'shall'perform the same functions for
. consideration'and.appreval or disapproval of development applications; permits and other
entitlements for properties within'the Project Area that are subject to this Plan, as for properties
outside the Project Area that are not subject to this Plan.
C. Project Development:Standards 5
As provided in Section Al of this Part,all lland.uses within the boundaries will be in
conformance with the;General Plan, Specific Plan and all other applicable state and local codes
and guidelines. Development standards%within the Amended Project Boundary are-set forth
below.
1. Land Use Map
The Land Use Map,(Exhibit'C) shows the permitted land uses, major circulation routes '
and street layout, the location of proposed open space areas and the property to be devoted to
public purposes within the Project Area The specific types of uses and activities (including size,
height, and number of buildings and dwelling units).permitted or conditionally permitted in each
land use category mapped on the Land Use Map are those types of uses and activities-(including
size, height and number of buildings and dwelling units) described in the General Plan and the
Specific Plan for the relevant land-use category. The land uses shown on the Land Use Maps are
drawn from the Land Use Element of the General Plan and the Specific Plan and shall be deemed
to be automatically modified as the Land Use Element of the General Plan andthe Specific Plan
and shall be deemed to be automatically;modified as the Land Use Element of the General Plan
and,Specific Plan may.berevised from time to.time!in order to maintain conformance.of this
Plan with the General Plan and the Specific Plan as,provided in Sections A and C of this Part.
2. Public Streets and Rights-of-Way •
All,streets`withinthe ProjectArea maybe:widened altered, or vacated for purposes of
development of the Project. New streets may be created as necessary. The,anticipated
configuration of streets and public rights-of-way within the Project Area;(including existing
streets to be retained and their relationship to major public facilities) is shown on the Land Use
Map (Exhibit C). These public rights-of-way maybe used for vehicular and/or pedestrian traffic
as well as for public improvements, public and private utilities, and activitie's typically found in
public rights-of-way.
3. Rehabilitation
Any structure within the Project Area which will be retained as part of the Plan shall not
be altered, construed, or rehabilitated unless it is done so in conformance with the General Plan,
the Specific Plan,the Zoning Ordinance, all applicable codes,andany guidelines which may be
adopted by the PCDC to assist in the implementation of the Plan. This conformity,shall extend
to the architectural character, the public spaces and other elements as required by the City and/or
PCDC.
4. Open Spaces and Landscaping
The standards for open space to be provided within the Project Area are set forth in the
General Plan, the Specific Plan and the Zoning Ordinance, as they now exist and may hereafter
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be amended, and are included as part of the goals and objectives:of this Plan. The precise
• . amount of"open space to,be provided in the>Project Area will depend on the specific plans for
development submitted bydevelöpets of private property.in the Project Area and approved by
the City. Landscaping plans for development projects shall be submitted to the City for review
and approval.
5. Height and Bulk
The height and bulk of structures shall be regulated.as:proyide in the General Plan,
Specific Plan and Zoning Ordinance, as-they now exist or as they may hereafter be amended, and
such additional standardsc as maybe adopted by the PCDC.
6. Density •
The maximum permitted density-of development on`any bnilding:site shall be regulated
as provided in the General Plan, the Specific Plan and the Zoning Ordinance, as they now exist
or may hereafter be amended and such additional standards as may be adopfed by the PCDC.
7. Signs
Exterior signs necessary-for the identification of buildings and premises shall be as
permitted by the General Plan, the-Specific Plan and-the,Zoning,Ordinance, as they now exist or
• may hereafter be amended, provided that they comply with any design criteria established for the
Project Area. The PCDC may,require,that the complete sign program for development and
such additional standards as may be adopted by the PCDC be reviewed by the PCDC staff, as
well as the Planning Commision,prior to the erection or installation of signs in any part of the
Project Area.
8. Nondiscrimination and Nonsegregation
As more fully set forth-,in Part(insert) below,there shall be no discrimination or
segregation based on race, color; creed,-religion, sex, sexual orientation;.marital status, national
origin, mental or physical disability, or ancesfrypermitted iii the sale, lease, sublease, transfer,
use, occupancy, tenure, or eiijoymentof property in the Project Area.
9. Resubdivision of Parcels
After rehabilitation and development pursuant to this Plan, no parcel in the Project Area,
including any parcel retained°by a conforming owner-or participantshallbe subdivided without
the approval of the City.
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10. Variances
In-the event the City grants a variance from applicable City land use regulations for
development of a parcel within the Project Area, such grant of variance shall be deemed to
constitute a comparable-Variance from the land use standards of this Plan without additional
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action by the PCDC.
In addition; the PCDC is authorized to permit.variances from any development
standards adopted by the PCDC or any affordableihousing+regulations or policy'guidelines
adopted by the PCDC.. In order to permit such a.variance the PCDC must deterniirie'that:
a. The application of one or more of the provisions of such`PCOC development
standards, regulations or policyguidelines•wout result in unnecessary hardship to the property
owner;
b. There are exceptional circumstances or conditions applicable to the property or
to the,intended development of the property which do hot apply generally to other properties
having the same standards,,restrictions and-controls;
• c. Permitting a variance from the limits, restrictions, or,controls of such PCDC
development standards .regulations or policy guidelines will not be materially detrimental:to the
public welfare•or injurious to property or improvements in the area;
d. Permitting a variance from the limits,-restrictions or controls of such PCDC
development standards, regulations or policy„guidelines Will not be contrary to the objectives of
this Plan; and
e. The grant,of a variance by the PCDC will not result in development that •
conflicts with,applicable City land use standards.
11. Adoption of Additional,Standards for Development
All development plans (whether public or private) shall be processed.in the manner
provided by,applicable City Codes as they are or as they maybe amended from time to,time by
the City Council. `In.addition to City development standards, the PCDC may adopt and apply
more stringent development standards within the'limits, restrictions;and controls established in
the General Plan, the Specific Plan, the Zoning Ordinance and this Plan for development within
the Project,Area. The PCDC is authonzed to establish and adopt, by appropriate resolution,
specific standards for building-heights, building coverage, design criteria, architectural,character,.
landscaping character, sign character, traffic circulation, ingress and egress, parking, and any
other developinenfand.design controls:necessary-to implement the Plan. Such controls may
relate to both private and public areas within`the Project Area. No new development shall be
construed and no existing improvements shall be substantially modified, altered, repaired, or
rehabilitated,.within the Project Area, except'in the accordance with City standards adopted by
the PCDC;for development. The PCDC shall notapprove plans which do not;comply with any
adopted standards of the City or the PCDC for development. All development in the Project
Area must conform to City and PCDC design review procedures, including any design guide
adopted by the PCDC.
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12. ,Building Permits
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No permit'shall be issued for the'construction.ofanynew building or for any construction
on an existing building in the Project Area from thedatei,of adoption of this Plan until the
application for such permit has been made and processed in a manner'consistent with all City
requirements.
The PCDC is authorized to establish permit procedures and approvals in addition to those
set forth above where required for the,purposes of this Plan. Wheresuch additional procedures
and approvals,are established, &building permit shall be issued only after the applicant for same
has been granted all approvalsrequired`bythe City and the PCDC at the time of application.
13. Dwelling Units
In compliancewith the Health and Safety Code Section 33333(c),and as provided in
Sections B, C and D of this Part V,.the maximum number of dwelling units in the Project Are
shall be regulated as provided in the General'Plan, the Specific Plan, and the Zoning Ordinance,
as they now exist or may hereafter be amended.
14. Affordable Housing
• By regulation or policy guidelines adopted by the PCDC from timeto time, the PCDC
may ensure compliance with the provisions of Health and SafetyCode:Section 33413(b)
requiring that specified percentages,of all new or rehabilitated dwelling units developed in the
Project Area be available at affordable housing cost to households in specified income
categories.
15. Mitigation Measures
The City Council and.the PCDC adopted aResolution No.. in connection
with certification of the Environmental Impact Report for this Plan(the ` EIR"), and the City
Council and the PCDC adopted specified environmental mitigation measures (the "Mitigation
Measures") to be implemented as part of this Plan to minimize potential adverse environmental
impacts of the Plan. The Mitigation Measures are based, in substantial part, on the mitigation
measures identified inthe'EIR.
The Mitigation Measures are hereby incorporated in this Plan by this reference and shall
be implemented bythe.PCDC, the City;,or,individual.property'owners/developers, as
appropriate, in connection with public and private actions:undertaken pursuant to this Plan
(including in connection with,City land use approvals for developments in the Project Area
during the effectiveness of this Plan).
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PART V. •
REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES
The development of the Project will be undertaken in,accordance,with°the provisions of
the RedevelopmentLaw. The PCDC proposes to use the redevelopment techniques set forth in
this Part V;and the Redevelopment Law to achieve the goals and objectives of the Plan setforth
in Part IV above. Among;the programs and projects that maybe implemented,by the,PCDC
using the techniques:set forth in this Part•V d the-Redevelopment Law are those described in
Exhibit D, the Initially Proposed Programs:and Projects. ,Exhibit D lists redevelopment
programs and projects that appear, at the time of Plan adoption, to have sigmficant potential for
achieving the goals and objectives of the Plan. As redevelopment needs and opportunities
evolve over the life of the-Plan, the PCDC may determine not to undertake certain programs
listed in ExhibifD, and/or to undertake other programs and projects consistent with this Plan'and
the CRL that are not listed in Exhibit D.
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A. Public Improvements
As more fully set forth in Health and Safety Code Sections 33445 and 33679, the PCDC
is authorized to acquire,install and construct or cause to be acquired, installed-and-constructed
the public,improvements and public utilities (within or outside the Project Area)necessary to
carry out this Plan. Such;public improvements:andpublic utilities include, but'a e not limited to,
the construction, expansion, rehabilitation or modernization of over-or underpasses,"bridges, •
streets, curbs,'gutters, sidewalks, street lights, public transportation facilities, waste water
disposal areas, storm drains, flood control•facilities, traffic signals, electrical distribution
systems, communication systems, fire fighting facilities, police and criminal,justice facilities,
educational facilities, community and civic centers, natural gas distribution systems, water
treatment:and distributiowsystems (including upgradingof water mains; laterals.;and fire,
hydrants), other public buildings, parks and open space areas, off-street parking;plazas,
landscaped areas, and`undergrounding of existing utilities. Anticipated public improvements,
facilities and utilities that may be acquired, installed or•constructed, or caused-to be acquired,
installed or constructed,bythe,PCDC include,but are not limited to, those public improvements,
facilities and utilities‘set forth in the:attached Exhibit D, the Initially Proposed:Programs,and
Projects:
Among the techniques the PCDC niay.etnploy to cause the.financing,and construction,.
expansion, rehabilitation, or•modernization of the above-referenced public improvements and
public facilities is participation in payments to,assessment districts, Mello-Roos community
facility districts, or other similar districts established pursuant to applicable law,to finance
construction,;expansion, rehabilitation, or modernization.of such public improvements and
• public facilities.
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B. Property Acquisition
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1. Acquisition of Non-ResidentialRealProperty Within the Project Area.
Except as'specifically:exempted herein, the.PCDC may, but•is=not required to, acquire or
obtain options to acquire any interest in real property located in the Project Area by gift, devise,
exchange, bequest, purchase, or any other lawful method whatsoever, including repurchase of
developed property previousl •owned by the Agency..
The PCDC is authorized to employits,power of eminent domain to acquire only non-
residentialproperty'within°the Project Area. The-power,of eminent domain is to be used only as
a last resort after a public hearing. The power of eminent domain]shall not be exercised,
however, when the conditions described in.eithefsubdivisiona. or b. or c. below exist:
a. The propertyin question is owned by a public body and that public body
has not consented to the exercise of the power of eminent domain bythe Agency; or
b. The property in question is improved with a structure and, although not
conforming to the Plan, the Agency:has determined that the property and the structure can so
conform pursuant to an owner participation:agreement and that the owner is faithfully
performing under the terms of the owner participation agreement; or
c. The property in question is improved with.a structure and, in the sole
determination of the Agency, all of the following are true:.
(1) The property is not needed:for those specific activities outlined in
the Plan; and
(2) The property is not needed for the development of replacement
housing for those displaced by Agency activity, if any; and
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(3) The property is not needed for any other public improvement or
facility; and
(4) The property is.not needed to promote historical or architectural
preservation; and
(5) The property is not needed to remove:a blighting influence on
surrounding properties which prevents achievement of the objectives of this-Plan; and
(6) The'property"is not needed for the elimination of environmental
deficiencies'including among other things, inadequate circulation', access•or street layout,
incompatible and mixed uses, overcrowding and smallparcel size:
III (7) The property is not needed for the removal of impediments to land
development and disposition through assembly of land into appropriatelysized and shaped
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•
•
parcels served by improved circulation and utilities. •
The Agency must commence eminent domain proceedings with respect to any property
which it intends to acquire within.twelve (12) years of the date of adoption of Ordinance No.
amending and restating this Plan. This time limit for commencement of eminent domain
proceedings,may be extended only by further amendment.of the Plan. The Agency may acquire
property by voluntary(erg., non-eminent domain),means after the expiration:of the time limit for
eminent domain proceedings and prior to the expiration of the effectiveness of the Plan.
Prior to any acquisition through eminent domain the Agency shall,adopt a resolution
declaring a need to acquire any specific property and authorizing the acquisitionby:such method.
2. Acquisition of Personal;Property .
•
Generally„personal property shall not be acquired. However, where necessary in
execution of this Plan, the Agency is authorized to acquire personal property in the Project Area
by any lawful means.
PART VI.
PARTICIPATION BY OWNERS,& TENANTS THROUGH THE
IMPROVEMENTBY THEM OF THEIR PROPERTIES&BUSINESS
FACILITIES OR THROUGH OTHER OPPORTUNITIES TO PARTICIPATE IN THE
REDEVELOPMENT PROJECT
The provisions of this•Section shall be implemented;according to the Owner Participation,
and Business Reentry,Preference Rules)adoptect by the Agency (the "Rules"). When there is a
conflict between the provisions for owner participation and reentry preference in the Plan and the
provisions in the'Rules, the provisions in the Plan shall prevail.
A. Reentry Preferences
•
The-PGDC shall extend reasonable preferences to persons who ownproperty or:are
engaged,inbusiness'in the Project Area, to continue or to reenter in business within.the Project
Area if theyotherwise-meet the requirernents prescribed by Plan and the Owner Participation
Rules which have been adopted by the PCDC and available for public inspection. Business,
residential, institutional and semi-public tenants+shall be permitted, if they so desire,and are able
and qualified, to purchase and develop real property in the Project Area.
B. Participation by Owners
Persons who are owners ofresidential, business and other types of real property'in the
Project Area shall be.given reasonable opportunity, consistent with the objective of this Plan as
determined by PCDC to participate in redevelopment by rehabilitation, by retention of
improvements, or by new development by retaining all or a portion of their properties, by
acquiring adjacent or properties Project Area, by selling their properties to the
PCDC and Purchasing other propertiestn the•ProjectArea. •
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C. Participation Agreements
Each participant shall enter into a binding participation agreement with the PCDC by
which the participant agrees to rehabilitate, develop, or use the!property in conformance with the
Plan and to be subject to the provisions hereof Insuch agreements, participants who retain real
property shall be required to join-in the recordation of such documents as are necessary to make
the provision of this Plan applicable;to their properties.
D. Conforming Owners
•
The PCDC may in its,sole and absolute discretion determine that certain real.property
within the ProjectArea presently meets the,requirements,pf the Plan and the owners of such
property will be permitted to remain'as conforming owners without a participation agreement
with the PCDC, provided such owners continue to operate, use,and•maintain the real property
within the requirements of the Plan. However, conforming owners:may be required by the
PCDC to enter into an owner-participation agreement with PCDC, in the event that such owners .
desire to (I) construct any additional improvements or substantially alter or modify existing
strictures on any of the real property described above as'conforming; or (2) acquire additional
property within the Project Area.
E. Refusal to Participate
• In the event an owner-participants fails or refuses to.rehabilitate or newly develop his real
property pursuant to this Plan and the participation agreement,the real property or any interest
herein, may be acquired by the,PCDC.
F. Establishment of Priorities
If conflicts develop between the desires of participants for particular sites or land uses
available for owner participation, the PCDC is authorized,to establish reasonable priorities and
preferences among the owners and,tenants.
G. Participation by Groups or Corporations -
In addition to opporti nities,forparticipation by individual,persons:and.firms,
participation to the extent it is feasible shall be availablelor two or more persons, firms or
institutions, to join together in partnerships, corporations, or other joint entities.
I3. Participation Rules
The PCDC shall promulgate and, as appropriate, amend roles for owner
participation.
•
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I. Limits on Participation
Participation opportunities are necessarily subject to and limited by factorssuch as the
following:
a. The;eliminatiomand/or modification of some land uses.
b. The realignment and abandonment of some streets. .
c. The ability of participants to finance the proposed development.
d. The reduction of the total number of individual parcelsan'the Project Area.
e. Change in orientation and character of the area, or portion of the area.
f. Existing buildings which have historical and/or architectural qualities that
will enhance the Plan.
J. Application,of-Phan
The provisions of this Plan shall apply to all public and private property in.the
Project Area in order to extend thebenefits:of this Plan,throughout the Project,Area and
encourage maximum participation by the owners of property within the Project Area whether or
not such owners enter into participation agreements.
•
PART VII.
RELOCATION ASSISTANCE TO DISPLACED RESIDENTIAL
AND NON-RESIDENTIAL OCCUPANTS •
As required by the California Relocating Assistance,Act (Government Code Section 7260
et seq.), any relocation of persons and businesses as part of a=redevelopment,project will be
subject to the following standards:
A. Assistance to Owners and Tenants
• The PCDC shall assist all families, individuals, business concerns and other entities who
are displaced by redevelopment activities,in the Project;Area pursuant to the State law.
Relocation advisory assistance shall be furnished by the PCDC to any persons owning or renting
property where property is acquired by the PCDC in connection with the implementation of the
Plan. Consistent with_Part V.B.1 above, the PCDC shall not cause the displacement of person(s)
or families from residential property by exercising:the power of eminent domain because;the
PCDC shall not have the power of eminent domain onresidential property. No person or family'
will be required.to move"from any dwelling`unit because:of the activities,of the PCDCsunless and
until suitablereplaceinent housing is available andready for occupancy in areas not generally
less°desirable:with regard to public utilities and public and commercial facilities; at rents or
16
prices within-he financial means of such person orfamily, or with respect to persons and
• families of low and moderate income,latrents,or prices comparable those at the time of
displacement. Such replacement dwelling units must be decent,safe, sanitary, suitable to the
needs of the displaced person or family, and located so that it is reasonably accessible to the
place of employment of the person,to be relocated: The PCDC shall notdisplace.such person or
family until such housing units are available and ready for occupancy. If such replacement
housing is not available and the PCDC determines that such,housing:cannot be made otherwise
available, the PCDCi"shall provide such housing. .Furthermore, in accordance with applicable
state laws, the PCDC shall provide relocation payments to displaced-persons or families.
B. Assistance to Business and Industry
Relocation advisory assistance for any business°or industry will be made available
through PCDC. In those instances where;business concerns and other entities who do not reenter
need to be relocated,.PCDC shall assistin finding suitable locations'which will allow these
business concerns and other entities to continue with minimum impact:on their activities. In all
instances,the PCDC shall use its bestefforts,to provide comparable, alternate locations which
provide adequate space, access, visibility, exposure, parking and functional utility, at occupancy
costs which are within the financial means of those business concerns and entities which are
relocated. In the event that it:becomes necessary to relocate a business and the business cannot
be relocated without a.substantiahloss'ofpatronage, and the business:is not a part of a
commercial enterprise having;at lest one other establishment engaged,•in the same or similar
ak business, the PCDC is required',to pay to such business a relocation payment as provided in
Section 7262 of the Government Code. The PCDC is also authorized to pay any and-all actual.
and reasonable moving expenses of a business if the business is required to relocate as a result of
the implementation of the Redevelopment Plan. The PCDCashall not pay the costs of relocating
utility lines and facilities from vacatedlandabandoned streetsdin furtherance of a redevelopment
project.
C. Replacement Dwelling'Units
If any dwelling units,housing persons and,families/with incomes not exceeding'120% of
area median income are destroyed or.re"moved from the housing market as part of the Project, the
PCDC shall, within four yearsofsuch destruction or removal, rehabilitate, develop, of construct,
or cause:to be rehabilitated, developed, or constructed, for rental:or sale to persons and families
with incomes:notexceeding 120%5of area median income an equal number of replacement
dwelling units at affordable housing costs as defined by Health & Safety Code;Section 50052.5,
within the territorial jurisdiction of the.PCDC, in accordance,with all the provisions of the
Redevelopment Law (Health& Safety Code Sections 33413(a) and 33413.5).
D. Demolition, Clearance, and Site Preparation
1. Demolition and Clearance .
• The PCDC is/authorized to,demolish, clear, or move buildings, structures, and other
improvements as necessaryto carry out the,purposes of this Plan.
17
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2. Preparation.of Building and Development Sites
•
The PCDC-is-authorized to prepare or cause to be prepared as developmentsites-anyreal
property in the Project Area owned or acquired by the PCDC.
3. Hazardous Waste Remediation and Removal .
1
The'PCDC;taytake any actions which it determines are necessary'and which ate
consistent with-other state and federal laws to remedy or remove hazardous waste on,Under or
from property in the Project Area in accordance with the requirements of Health and Safety Code
Section 33459- 33459.8, or any successor legislation.
E. Rehabilitation;:and Moving of Structures; Assistance fdr Certain
Private:Imp rovement's
I. To the extent-appropriate in carrying-out the PCDC-is authorized to: (a)
rehabilitate or cause to be rehabilitated any building or structure in the Project Area acquired-by
the PCDC and (b)-move or cause to be moved anybdilding or other structure to a location
Within or outside the Project Area.
• 2.. For any rehabilitation project,the PCDC,may take any action it determines necessary
and consistent with local, state-and federal law to provide for seismic retrofits as-provided in •
Health and Safety Code Section 33420.1 and any successor statute.
3. The PCDC may take,such actions as it determines are necessary to;removegraffiti
from public*and-private:property in the Project Area pursuant-to Health and Safety Code:Section
33420.2 and any successor statute.
4. The PCDC may establish a program under which it lends funds:to.owners or tenants
for the purpose of rehabilitating commercial buildings or structures within the Project Area -
pursuant to Health and,:=Safety Code-Section 33444,5 and any successor-statute.
•
5. The PCDC-may assist.in financing of facilities or capital equipment, including,but not
necessarily limited to pollution control devices; for properties being developed or rehabilitated
for industrial or manufacturing uses within the Project Area pursuant to Health and;'SafetyCode
Section 33444:6 and any successor"statute.
•
• PART'VIII.
PROPERTY DISPOSITION AND DEVELOPMENT
A. General
For the purposes of this Plan, the PCDC is authorized to sell, lease, exchange,,,subdivide,
transfer, assign, pledge, encumber by mortgage or deed of trust, on otherwise dispose of any •
interest in real.property: To the extent.permitted.by law and upon compliance with the-notice
•
18
•
and hearing requirements of the Redevelopment Law, the Agency is authorized to dispose of real
property by negotiated leases-or sales without public bidding:
All real property acquired bythe PCDC•in the Project Area shall be sold or leased for
development for the uses permitted in the Plan. Real property may be conveyed by the PCDC to
the City or any other public body without charge. Property-containing buildings or structures
rehabilitated by the PCDC shall be offered for resale within one year aftercompletion of
rehabilitation and an annual'report concerning such property shall be published by the PCDC as
required by law.
The PCDC shall reserve such powers and controls in the;dispositionand development
documents as may be necessary to prevent transfer,retention, or use of property for speculative
purposes and to insure that development is carried'out pursuant to-this Plan.
B. Purchase and-Development by Participants
Pursuant to the provisions of this Plan and the Owner Participation Rules adopted by the
PCDC, the PCDC may offer real„property in the Project Area for purchase and development by .
owner and business-tenant participants prior to or at the same time that real property is made
available for purchase and development by persons who are not owners or business tenants in the
Project Area.
• C. Purchase and Development Documents
To provide adequate safeguards, to`insure 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
PCDC, as well as all property subject to participation agreements, shall be made subject to the
provisions of this Plan byleases, deeds, contracts, agreements, declarations of restrictions,
provisions of the Specific Plan,ardthe Zoning Ordinance (as it now exists or hereafter be
amended), conditional use permits, or other means. Where appropriate, as determined by the
PCDC, such documents or portions thereof shall be recorded in the office of the Recorder of the
County.
The leases; deeds, contracts, agreements, and declarations of restrictions may contain
restrictions, covenants, covenants running with the land, rights-of reverter, conditions
subsequent, equitable servitudes or any otherprovisions necessary to carry out this Plan.
During the period of redevelopment in the Project Area, the PCDC shall ensure that the
provisions of this Plan and'of other documents formulated pursuant.to this Plan are being
observed, and that development in the Project Area proceeds injaccordance•with development
documents.
The PCDC may require that development plans be submitted to it for review and
approval. All development must conform to this Plan and all applicable Federal, state and local
• laws.
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D. Obligations to be Imposed on Redevelopers • •
Acquirers of landfrom the'PCDC shall be required to develop such;landin accordance
with the provisions sef:forth:in applicable City codes and in of this Plan. The-PCDC;shall.have
the right to withhold transfer of title to the acquirer, user or developer of land in,order_to ensure
fulfillment;of this requirement. No building, signor structure shall be constructed'upon any part
of such land unless architectural plans and specifications showing, among other things,,the
nature of such construction,parking, loading, surface treatment and landscaping,thelocation,and
orientation of the structure(s) on the building site;and the grading plans for the building site to be
built upon, shall be submitted to, reviewed, and approved in writing by the PCDC, or unless the
PCDC has waived the requirements of this sentence. The PCDC shall have the rightto2refuse to
approve any such plans or specifications when in theopinion of the Agency such.plansor
specifications do no.conform with the conditions.City standards and objectives of the Plan, or to
the design,standards established by the City and the Agency.
Acquirers, users or developers of land within the Project Area must:commence the
erection of any building, prosecute diligently the'work thereon and complete it.with such-
reasonable period of time as agreed upon with the PCDC.
No acquirer,,user,.owner, participant or developer shall resell, lease, sublease orjotherwise
dispose of land in the Project Area until the construction approved by the PCDC'has been
completed, except with prior written consent of the PCDC.
The acquirer, user, or owner,shall be responsible for complying with all:applicable State •
and locallaws, ordinances and codes, in effect from time to time.
E. Personal Property Disposition
For the purpose of this Plan the PCDC is authorized to sell, lease, exchange, transfer,
assign, pledge, encumber, or otherwise dispose of personal property.
F. Prevention of Discrimination •
Property owners and developers shall comply with all State and local in effect from
tune to time prohibiting discrimination or segregation by reason of race, color, religion, creed,
marital status, sex, sexual orientation, national origin or ancestry, in the sale,lease or occupancy
of the property.
G. Conveyances bythe Agency
Pursuant to the Redevelopment Law (Health & Safety Code Sections 33337 and 33435-
33436), contracts entered.into-by the PCDC relating to the sale; transfer or leasing.ofland, or any
interest herein acquired by the PCDC within the Project Area shall;contain the provisions'of
those Redevelopment Law sections in substantially the form set forth therein. ,Such contracts
shall further provide that the provisions of the applicable Redevelopment Law sections;shall be
binding upon and shall obligate the contracting party or parties and any subcontracting party or
20
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•
parties and all other transferees under the instrument.
H. Other Contracts, Deeds, and Leases for Convey ance.of`Project Area
Property
•
All deeds, leases or contracts for the sale, lease, sublease or other transfer of any land in
the Project area shall_contain-the following nondiscrimination clauses as prescribed by the
Redevelopment Law (Health&Safety Code Section 33435 and 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 the, that there shall
be no discrimination,against, or segregation of, any persons or group of persons on
account of race, color, creed, religion; sex, sexual orientation, marital status, national
origin, or ancestry, in theisale, lease, sublease, transfer,use;'occupancy, tenure or
enjoyment of the premises herein conveyed, nor shall the grantee himself or herself or
any person claiming under or through him or her establish;or permit any such practice or
practices of discrimination orsegregation 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 shallaun'with the land.
In leases, the following language'shall appear:
IIP
"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; sexual.orientation, marital status,
national origin, ancestry,in the leasing, subleasing, transferring, use, occupancy, tenure
or enjoyment of the premises herein leased, nor shall the lessee himself or herself, or
practices.of discrimination or number, use or occupancy of tenants, sublessees, -
subtenants, or vendees in-the.premises herein leased."
Duration
The covenants in deeds;leases, and contracts from or with theAgency, with respect to
prevention of discrimination, shall remainin effect in perpetuity..
21
PART IX. •
METHODS FOR.FINANCING THE PROJECT
A. General Provisions .
The PCDC authorized to finance the Project,with financial assistance•from the,City, the
County, the State of California, the Federal Government, property tax increments, interest
income, PCDC notes and bonds, assessment district,or special tax district revenues, or any other
available:source. Advances for survey and,planning and operating capital Mt-administration of
the Project may come-through.loans from the.City or other entities. The City may.also'supply
additional assistance through City loans and grants for various public facilities, As available, gas
tax funds from the State and the County niay be usedtoward the cost of the street•system and
related improvements. 'There may also be some revenue accruing to the Project from interest
earned on investments:of PCDC funds.
The PCDC:ishereby'authorized to borrow funds, obtain advances, and:create'contractual
indebtedness and other,obligations in carrying out Plan,-pursuant to applicable law. The,
principal and such,borrowed,funds, advances and other obligations may be paid from
tax increments or any other funds available to the PCDC
B. Affordable Housing Financing
Pursuant to the Redevelopment Law(Health and Safety Code Section 33334.2), a
minimum of twenty percent of all tax increments allocated to the PCDC shall be used•for;the
purposes of improving and increasing the community's supply of quality affordable housing.
unless the PCDC makes one or more of the findings specified in Health and Safety Code Section
33334.2(a).
Tax increment revenues allocated to the PCDC and earmarked for housingpurposes:wiil
be used to fund existing and new programs for housing development;and rehabilitation in a
manner consistent with the Housing Element of the City's General Plan,,and/or other applicable
City housing policies,:as they now exist or may hereafter.be amended. The permitted:uses in°the
Project Area,allow'for the development of affordable,housing.
C. Tax Increments
.All,taxes,leviedupon taxable.property within the Project.Area each year by or for the
benefit of the`State of California, the County, the City, any district, or other public corporation
(hereinafter sometimes called"taxing agencies")after the effective date of Ordinance No 1221
N.C.S. initially adopting this Plan (with respect to the Original Area) and Ordinance No.
amending and restating this Plan (with respect to the Added Area) shall be
divided as follows:
1. That portion of the taxes which would be provided by the rate upon which the;`tax
is levied:each year by, or for, each of the taxing agenciesupon the total sum of the.,assessed
value of the taxable property in the Project,as shown upon the assessment roll used in connection
•
22
•
• with the taxation of such property by such taxing agency,lastequalized',prior to the effective
date.of Ordinance No 1221 N.C.S. (With respect-to the Original Area)and,Ordinance No
(with respect the Added Area) 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 of the Project on the effective date of such
ordinance(s)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 said
ordinance(s) shall be used in determining the assessed valuation of the taxable property in the
Project on the effective date.
2. Except as provided in Health and Safety Code Section33670(e), that portion of
the levied taxes each year in excess Of such amount shall be allocated to and when collected shall
be paid into a special fund ofthe-PCDC to pay the principal of and interest on loans,monies
advanced to, or indebtednessr(whether funded,refunded, assumed, or otherwise) incurred by the
PCDC to finance or refinance, in whole or in part, the Project. Unless and until the total assessed
valuation of the taxable property'in:the Project exceeds the total assessed value of the taxable
properties in such Project as shown by the last equalized assessinentrollreferred to in
subdivision 1 above, all of the'taxes levied and collected upon.the taxable property in the Project
shall be paid into the funds of the respective taxing agencies: When said loans, advances, and
indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from
taxes upon the taxable property irnthe,Project shall be paid into the funds of the respective taxing
agencies as taxes on all other property are paid..
The portion of taxes described in subdivision 2 above may be irrevocably pledged by the
PCDC for the paymentof the principaland the interest on money loaned, advances, or any
indebtedness (whether funded;rrefunded, assumed or otherwise) by the PCDC to finance or
refinance in whole or in part, the Project.
The Agency is authorized to make such pledges as to specific advances, indebtedness,
and other obligations as appropriate, in carrying out the Project. •
The portion of taxes dividedandallocated to the PCDC pursuant Section 2 above, shall
not exceed Eight Hundred Million Dollars ($800,000;000), exclusive of any payments made to
taxing;agencies in accordance`with Redevelopment Law 3340.1,;as.such section read prior,to
January 1, 1994: This limit does notapply'to include or prevent the Agency from incurring debt
to be paid from:the,low.and moderate income housing fund established pursuant to Section
333343 of the Community Development Law, or any other amounts required to fulfill the
Agency's obligations underSection 33413 of Community Redevelopment Law.
D. Bonds
The Agency may issue.its bonds for any corporate purpose or for the purpose of
refunding bonds it has previously issued.: The principal and interest payable on such bonds may
. be paid from:
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1. the income and revenues of the Project;
2. the tax increment funds allocated to the Agency; •
3. the Agency's revenues generally;
4. taxes imposed pursuant to 7280:5 of,the.Revenue and Taxation Codewhich are
pledged therefore;
•
5. any contributions or other financial assistance from the state of local government;
•
6. repayment of loans or other form of indebtedness to the Agency;
7. private parties;
8. any other source permitted by law; or
9. any combination of the above sources.
Part my sets,forth a,limitation on the amount of bonded indebtedness.;securedi.bythe tax
increments funds that may be outstanding at anyone time.
E. Other,Loans, Grants and Advances
Any other available loans,;grants, or financial assistance,from any other public,or private
source nlay be utilized by the Agency for purposes of the Project.
PART X.
ACTIONS BY THE CITY
• The City shall aid and cooperate with the PCDC in carrying out this Plan"and shall take
all actions necessary to ensure the continued fulfillment of the purposeaof the Plan to prevent;the
recurrence-or spread in the area of conditions:causing blight. Action.by the City may include,
but shall not be limited to,the following:
A Acquisition of any real personal property inside;or outside the Project Area
required for public use;tdemolition and removal of structures on such acquired property; and.
preparation of such property.for construction. The costs to the City of such acquisition,
demolition and site preparation may be"reimbursed by the PCDC from Project revenues.
B. Construction of any public improvements serving the purposes of this`Plan;, The
costs of the City of such construction may be reimbursed by the PCDC from Project-revenues.
C. .Establishment of an,assessment district mechanism,,to the extent;permitted by
applicable law including receipt of any required voter or property owner approval, to collect •.
assessments,fees or other charges from.property owners and developers within the Project Area
• 24 •
As for purposes of Project financing.
IP
D. Initiation and completion of proceedings for opening, closing, vacating, widening,
or changing the grades of street, alleys, and other public right-of-ways, as appropriate to carry
out this Plan.
E. Initiation and completion ofproceedings,necessary for changes and improvements
• in publicly-owned public utilities withinoraffecting the Project Area.
F. Imposition wherever necessary(by subdivision approval,- conditional use permits
or other means) of appropriate controls, within the applicable City:codes and'limits of this Plan,
upon parcels in the Project Area to.ensure their proper developrrientand use.
G. Provision.for.administrative enforcement of this"Plan.
H. Imposition of conditions.or other requirements upon•parcels in the Project Area to
implement the regulations or policy,guidelines with reference'to affordable housing programs
adopted by the PCDC pursuant to and in.satisfaction of the requirements of Health and Safety
Code Section 33413(b).
I. Performance of the above, and of all other functions and services relating to
public health, safety, and physical:development normally rendered by the City, in accordance
with a schedule that will permi •the development of the Project Area to.be commenced and
carried to completion without rieeessary .delay. •
PART XI.
ENFORCEMENT
The administrative enforcement of this Plan or other documents implementing this Plan
shall be performed by the City or the PCDC. •
The provisions of this:Plan or other documents entered into pursuant to this Plan may
also be enforced by court litigation instituted by either the PCDC or the City: Such remedies
may include,but are not limited to, specific performance, damages, reentry,injunctions, or any
other remedies appropriate to the purposes of this Plan. 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.
•
The provisions of theiPlan do not'-in any way limit or restrictithe City's authority or
power to enforce anylocar:land use regulations or any provisions,of the municipal.code.
•
• 25
PART XII.
DURATION OF THIS PLAN AND RELATED TIME LIMITS
A. Original..Area.
This Section A_applies to the Original Area. •
Except as;providedby Healthand Safety Code Sections 33333.6(g) and(h),;and.except
for any other authority irrexcess of the following limits that may from time to time'be granted by
statute (whickauthority;shall be deemedto.be incorporated into the provisions of the Plan by this
reference and shall supersede the following limits):
1. The time limit with respect,to the Original Area on the establishing ofloans,
advances and indebtedness shall be September,27, 2011, unless the Plan is further amended as
permitted by law. Loans,;advances, or indebtedness.,may be repaid over a period of time beyond
this_.time limit, subject t to the further provisions of subsection 3: below, The limit;shall not
prevent the Agency from incurring debt to be paidfrom the Affordable'Housing!Fundor from
establishing more debt in order to fulfill the Agency'slousing obligations under Health and
Safety Code Section 33413. This limit shall not prevent the Agency from-refinancing, refunding,
or restructuring indebtedness after the time limit if the indebtedness is not increased and the time
during which the indebtedness is to be repaid does not.exceed the date on which the indebtedness
would have been.paid.
2. The effectiveness of the Plan with respect to the Original Area (including, without •
limitation, the effectiveness of the Agency's land use controls for the Original Area).'shall
terminate on September 27; 2016. After:;expiration of this-time limit on the effectiveness,of the
Plan with respect to the Original Area, the,Agency shall have no authority to act pursuant to the
Plan with respect to the Original Area„except to pay previously incurred indebtedness,;to enforce
existing covenants, contracts, or other obligations, and to complete any unfulfilled obligations
under Health and Safety Code Section 33413.
3. The Agency shall not pay;indebtedness or receive property taxes pursuant to
Health and Safety Code Section 33670 with respect to the Original Area after July 5,2026.
B. Added Area •
This Section B applies to the Added Area.
Except for any other authority in excess of the following,limits that tmay from time to
time be granted by statute (which.authority shall be deemed:to be incorporated into the
provisions of the Plan by this-reference and shall supersede the following limits):
. . 1. The time limit with respect to the.Added Area on the establishing of loans,
advances, and indebtedness shall be the date which is 20 years from the date of adoption,of
Ordinance No , amendingiand restating thisiPlan, unless the Plan is further
amended as this tinielimit, subject to thc°further'ptovisions of.subsection 3. below. This limit �..'
26
•
•
shall not;prevent the Agency from incurring debt to be paid from the Affordable Housing Fund
•
or from"establishing more debt in order to fulfill the-Agency's housing obligations under Health
and Safety Code Section 33413, This limit shall not prevent the.Agency from refinancing,
refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased
and the time during which the indebtedness is to be repaid is not extended beyond the time limit
set forth in subsection 3. below.
2. The effectiveness Of th"e Plan with respect to the Added Area(including, without
limitation, the effectiveness of the Agency's land use controls for the Added Area) shall
terminate on the date which.is 30 years from the date of adoption of Ordinance No.
, amending and restating this Plan. After expiration of this time limit on the
effectiveness of the Plan with respect to the added Area, the agency shall have no authority to act
pursuant to the Plan with respect;,totthe;Added Area, except to:pay previously incurred -
indebtedness, to enforce existing:covenants; contracts, or other obligations, and to complete any.
unfulfilled obligations under Health andSafety Code Section 3341'3.
3. The Agency shall not pay indebtedness or receive property taxes pursuant to
Health and Safety CodeSection33670 with respect to the Added Area after the date which is 45
years from the date of adoption of Ordinance No. amending and restating this
Plan.
C. General Exception
• Notwithstanding any other time limitations set forth in this,Part,X1I, the
nondiscrimination and nonsegregation provisions of this Plan shall run in perpetuity, and the
affordable housing covenants imposed by the `Agency with respect to development,
rehabilitation, and/or preservation of Project-related affordable housing(whether inside or
outside the Project Area) shall continue in effect for suchperiod as may be determined and
specified by the Agency.
PART XIII.
SEVERABILITY
If any provision, section, subsection;.subdivision;sentence,clause or phrase of the Plan is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portion or portions-of the Plan. In the event that-any portion of the Project Area
shall be determined to have been invalidly or incorrectly included in the Project Area that is the
subject of this Plan, such portion of the Project Area shall be deemed severable from the
remainder of the Project.Area and the remainder of the Project Area shall remain fully subject to
the provisions of this Plan.
PART XIV.
PROCEDURE FOR AMENDMENT
• This Plan may be amended by means of the procedure established:in the.Redevelopment
Law or by any other procedure hereafter established by law.
27
PART XV. •
AUTHORITY OF THE AGENCY •
To the extent legally permissible,the PCDC is hereby authorized to undertake;any
redevelopment activity or exercise any power not already included herein, provided such action
is not inconsistent with this Plan.
PART XVI.
BONDED INDEBTEDNESS LIMIT •
In accordance with Health and Safety.CodeSection 33334.1, the amount o'fbonded
indebtedness to be repaid in whole or in part from the combined allocation of taxes to the
Agency pursuant to Health and Safety Code Section 33670 from the Project Area,;shall.not
exceed Fifty Million ($50,000,000) dollars in principal amount, except by amendment of this
Plan.
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EXHIBIT A
PROJECT AREA
BOUNDARY MAP
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I )
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1
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EXHIBIT B-1
LEGAL DESCRIPTION
PETALUMA CENTRAL:BUSINESS DISTRICT REDEVELOPMENT PROJECT
ORIGINAL PROJECT AREA
(Existing Area"E")
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• BOUNDARIES.
•
• The boundaries of the Petaluma?Central Business District Redevelopment Project
Area (the "Project Area") are shown on Figure 3. The legal description of the boundaries
of the Project Area is as-follows:
That certain area in the City of Petaluma, County of Sonoma, State of California,
bounded as follows:
Beginning at the southerly point of intersection of 4th''and "D" Streets in the City of
Petaluma as same exists on September 18, 1975. Thence'northwesterly along 4`h
Street one city block to southerly corner of 4th and "C" Streets; thence,
approximately 190 feet to A.P. #008-062-04, which lies outside of Project Area;
thence, across "C" Street in a northwesterly direction along southwesterly
boundaries of A.P.#005=061-.12 and A.P. #008-061-07.thence, northeast following
boundary of A.P #008-061-07; thence, northwesterly,along same parcel boundary
to southwesterly point of A.P. #008-061-14, which lies on "B" Street, thence
southwesterly on southeast side'of"B"Street to theisoutheast-''cornerofthe interest
of 5th Street and "8" Street; thence, northwesterly across "B" Street; thence,
northwesterly across"B"Street the southwest side'iof 5th Street approximately
440 feet and throughtthe intersection of 5th and "A" Streets; thence, approximately
50 feet southwesterly to the southwest corner of the intersection of 59h and "A"
• Streets; thence, move northwesterly on southwest side of Keller Street to
northeasterly corner of A.P.#008-041-03;thence, northwesterly to southeast corner
of A.P. #008-041-09, thence, southwesterly along A.P. #008-041-09 boundary
across Liberty Street to.northeasterly corner of A.P: #008-042-02, which is outside
of Project Area; thence, northwesterly up Liberty Street,through intersection of said .
street and Western Avenue on southwest side of:s street, continuing on through
intersection of said street and Washington Street, an additional approximate 150
feet to northeasterly boundary of A.P. #006-273-21, which is outside of Project
Area; thence, across Liberty Street traveling northeasterly along boundary of A.P.
#006-274-08 to'Pepper School Alley; thence, northwesterly up Pepper School alley
on southwest side, approximately 150 feet;: thence; across said alley to
northwesterly corner ofA.P.#006-274-23;thence,northeasterly along northwesterly
boundary side of said parcel across Keller Street to theisouthwesterly boundary of
A.P. #006-275-08, which is outside of Project Area; thence; southeasterly down
Keller Street to.northwest corner of A.P. #006-276-12; thence, northeasterly along
northwesterlyside of A.P. #006-275-12 and A.P. #006-275-13, to Hill Opera Alley;
thence, northwesterly on Hill Opera Alley on southwest side,:approximately"40 feet;
thence, across said alley to northwesterly corner of A.P." #006-275-23; thence,
northeast along northwesterly side of said parcel across Kentucky Street to
northwest corner of A.P. #006-283-14; thence, moving northwest up Kentucky
Street approximately 30 feet to southwesterly corner of Mary's Park; thence,
northeasterly along southeast boundary of Park to Petaluma Boulevard North;
• thence, northw,esterly:along Petaluma Boulevard North approximately 140 feet on
2
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southwesterlyside; thence, across Petaluma Boulevard North going northeasterly
to northwest corner of A.P. #006-284-10, and continuing along northwestern side
of said parcel:to.Petaluma River;;thence, north along centerline.of Petaluma River
• approximately40 feet;thence,northeasterly along the northwest boundaries of A.P.
#007-121-17 and A.P. #007-12.1-04; thence, moving southeasterly along northeast
boundary of A.P. #007-121-04 to southeast corner of said parcel; thence, across
Grey Street to southwest boundary of A.P. #007-121-18; thence, moving
northwesterly along said boundary to northwest corner of same; thence, moving
northeasterly along northwest boundary of A.P. #007-121-18 to Baylis Street;
thence, northeasterly across Baylis Street and Copeland Street to southwest
boundary ofA.P.#007-072-26, which is outside of study area;thence, southeasterly
along said boundary°•approximately 30.feet to southwesterly corner of,A.P. #007-
072-19 thence, following said parcel boundaries, northeasterly approximately 100
feet;;thence, easterly approximately 50 feet; thence, southeasterly approximately
25 feet to the extreme southwest corner;of A.P. #007-072-32; thence, northeasterly
following said ,parcel boundaries approximately 110 feet. thence, northwesterly
approximately .80 feet; thence, northeasterly approximately 20 feet, thence, ,
northwesterly approximately 300 feet,thence northeasterly approximately 140 feet
to north corner of A.P. #007-072-32, thence, northeasterly across Lakeville,:Street
to southwest corner of A.P. #007-082-09 not included in Project'Area; thence,
southeasterly along the northerly side'of Lakeville Street to southeasterly corner of
A.P. #007=082-30, thence, southeasterly across Washington Street and continuing
approximately 50 feet into the intersection of East `D" Street and Lakeville Street;
thence, southwesterly along southeast side of East "D" Street to southwesterly
corner of A.P. #007-153-01, said pa?cel not included in Project Area; thence,
southwesterly across Copeland Street to northwesterly corner of A.P.#007-152-01;
thence, southerly along said parcel to southwest corner of same; thence, easterly
to southeast corner of same; "thence, southwesterly across Petaluma River, and
continuing along the east side of"D" Street to the point of beginning.
J.\W P D\M nrsw\347\OO5lagreements\EX H I B IT 81 1222ekt.wpd
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3 �.
EXHIBIT B-2
LEGAL.DESCRIPTION
PETALUMA CENTRAL,BUSINESS'DISTRICT REDEVELOPMENT PROJECT
AMENDED PROJECT AREA BOUNDARY
(Added Area "A")
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Amended Celiti-al-Business District Boundary •
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Legal Description
- - (Western Added Area) --
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_ Legal Description for.
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• Amended Central Business
District Area Boundary.
•
CITY OF PETALUMA,COUNTY OF SONOMA,,,STATE Or CALIFORNIA
All those'certain lands situated andibeing.within the City of Petaluma, County of Sonoma, State
of California and lying within the area bounded by the following described line:
Commencing at a corner on the Central Business District RedevelOpment,Area Boundary, (City -
of Petaluma Ordinance No 1221 N.C.S., dated 27 September,.1976,,,said point of
commencement lying on thersoutiiWest line of Liberty.Streetand keing,the southeasterly corner •
- the lands of the Roman CatholicBiShop•Of Santa Rosa, as described in that certain deed recorded - -
in Book 1914,Page 337 official records of Sonoma County,AP#0087042-002; Thence North
22° 21' 00"West along-the,northeastline of said lands of the RoinaWCailiolic Bishop of Santa
Rosa; along the southwest line of Liberty Street and along saidCeuttal BUsinegSDistrict 1.7
• Redevelopment Area Boundarya`di4taiiee'Of 85:70 feet thade(bilesS ttithe northeast corner of „ •
said lands of the Roman Catholic Bishop of'Salita Rosa, said northeast thither being the True
• Point of Beginning,(P.0,13):of this Amended Central Business District Arep.Boundary;
Thence leaving said Central Business District Redevelopment Area Boundary South 67? 40' 00"
West along the northwest line saidlands of the Roman Catholic Bishop of Santa'Rosa and ,
along the northwest line of lands of St Vincent's Rorna.rfCathOlio,Church as described in that
certain deed recorded in Book 0018, Page 177 official records of Sonoma County, AP# 008-042-
004 a distance of 200.44 feet to the northwest corner of said lands of St Vincent's Roman
Catholic Church; Thence continuing South 67° 40' 00" West across HoWard Street a distance of
78.43 feet more or less to theneitheast"corner of the lands!bf Baker:as described in that certain
deed recorded in Book 0030, Page 630 official records of Sonoma Cothity;;APA 008-044-001
said northeast corner being also on the southwest line of Howard Street; Thence North 49°.08'
39" West across Western Avenue'adistance.of 78.43 feet more or less to the east corner of the
lands of Baccala as described in Document No. 1992-0150954,APik006-394-016;. Thence
_
continuing North 49° 08' 39" West the southwest line of said Howard Street,and along the
northeast lines of the following.described parcels;
The lands of Baccala as described in Document No 1992-0150954,.AP#006-394-016,,i
The lands of Gonsalves as described in Document No 1997=0036452, AP# 006-394-013,
The lands of Galatolo as described in Document No 1996-9041070, AP# 006-394-011,
The lands of Williams as described in Document No 1984-0065148, AP# 006-394-007, •
The lands,of the Guggenheim:Family Trust as described in Document No 1996-0076871,AP#
a, 006-394=006, .
And the lands of Siri, et al as'described in Docament No. 1992-0052922, AP# 006-394-005
,
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cl.'13„ A distance:of 281.Xfeet-More orlesatO the,north corner of said lands of Siri, et al aadescribed
t#s •• m Document No 1992i0052924v# 006-394-005; Thence:continuing North 49° 08' 39" West
across Harris Street a distance Of 60.09 feet more or less tothe east corner of the lands of -
Pimeritel as described inDocurnetit No.,199.1-0059245, AN 006-393Y-011c Thence'continuing
North 49° 08' 39" West along the southwest cif•saict Howard Street and along the northeast
linesof the following described parcels, .. • . - •
The land?'of,Pirnentelas described in Document No._1991-0059245, AN 006=3934111,
The lands.pf,601/2;fai described m Document No 1994-0141032, AN 006-391‘009„
And the lands'of SehcirjasIdescribed in Document No. 1999-.0138106, AN 006193-615 .
. .
A distance of 199:60 feet more or to the north Comer of said lands of Schor as described in
. , DocuinentN6. 1999-0138106;AP#,000193-015 t-Thence continuing.,Notth 49° 08?_ 3911Neit • -
'across Stanley Street ardistance-of 60.09leet inerie:OrleSS to the east Coiner,of the,landaofthe
Jennings Trust as described in Document No 1996-0017160,AN 006-311-010; Thence.
- continuing:North49° 08' 397 West alongthe.southwest line of said Howard Street and the : -:•
northeast lines of the'f011oWing.described parcels, • •. • ,• • .
• • • •L_ • • •
•
The lands of the Jennings Trust as described in DocumentNo..199§ 00.1.716P, AP# 006-3,ri?.,0t0,
Thelandiof the.Bles.Tnst ns.decriliedLin Document No.:19954)022410, :41)14.:.oth$ . •
•-• And the lands of Nicholas as described idDdellnentN61'4989;.0104529;AP#006-311-016
• -.WA A distance of 112,53 feet more or less to the northeast comer of said lands of Nicholas as f1/4
described in Document No 1989=0104529;AN:006111=016c Thence continuing!Nottlr49`1.08?-.-•-'•
39"'West across Washington Street a distande-Of-46630 feet more or less t.O•aPoinflei,ineT,Oast :
line of the lands of the:Goebel Trust ai'deScribedin'Document No...1999-0094715;v#006- ..: -• ,:'
311-024 -Thence.continuing North 49° 08'.39"West along the southwest line of said Howard
Street and along the northeast line of the Goebel Trust aSfclescribed in Document No 1999--'",,;. .-..•
. - 0094745, AN006141-024 a distance of 100'.00Teet more or less to the northeast corner of said...
Goebel mdat.ds:described in Document No 1999-0094715,AP# 00611.1-024;-Thence North .:
• 79° 33' 19"East across Howard Street a distance of,89:69,feet.more or less t6 the northwest •
• .comer of the lands of the•Madiak Trust,et alas described in Document No 1993-0122557,AN
006-272-001, said noithiavest corner being also on the south fine of Union Street and said lands.of
the Madick Trust, et allying inside of this Amended Central Business District Area Boundary,
Thence North 68° 10' 00" West along the south line'ef said Union Street and along the north
lines of the following described parcels lyiriginside of this Amended Central:BUSitieSS District
Area Bthindary,
The lands of said Madick Trust as-described inDocumentNo 1993-0122557; AP#'006-27Z-001, •
The lands of Gentry, et al as describectaDoeumentNo. 1980-0024185, AP# 006-272-0024
The lands of Bowman Trust as described in Document No 1992-0100063.;AN 006-272-003, • .
The lands of Marquez Trust as described in Document No 1999-0148406,,AN 006=272-004,
And the lands of Hankerson as deseribedintodtithent No 1987-0096530, AP#.006=272405`.•
111.
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40 a distance of 365.65 feet to the northeast corner of said lands of Hankerson as described in
Document No 1987-0096530, AP#i006=2727005; Thence continuing North 68° 10' 00", West' - -
across Keokuk Streeta distance of 70.39,feet more or less to the northwest corner of the lands
Burgess, et al as described in Document No 1996-0089127, AN 006-273-010 said northeast
corner being on the east line of said Keokuk Street; Thence South 27° 51'00" East along the
west line of said lands of Burgess, et al, and along the east line of said Keokuk Street a distance •
of 61.82 feet more or less to the southwest corner of said lands of Burgess, et al; Thence North
- ,
67° 40'00"East along the south line of said lands of Burgess,et al a distance of 99.50 feet more
or less to the southeast corner of said lands of Burgess, et al, said corner being on the west line of
- Pepper School Alley and also.beingthe northeast cornet of the lands of Zamvil as described in .
Document No 1998-0144338, AN 006=273-012, said lands lying inside of this Amended -
Central Business District Area Boundary; Thence South 27° 51'00" East along the east line of •
...said lands of Zamvit and the west line of Pepper School Alley a distance of 62.39 feet more or . • - • . - •
less to a point of intersection of said east brie of Zamvil with the westerly prolongation of the - • •
north line of the lands of Fatehi, et al as,described in Document No. 1989-0108436,AP# 006-
- 273-023, said lands of Fatehiret al lying inside of this Amended Central Business District Area
Boundary, North 67° 40' 00"East across said Pepper School Alley and along said north
line of Fatehi, et al, a distance of 110.40 feet more or less to the northeast corner of said lands of
Fatehi,et al, said northeast comer being on the west line of Liberty Street and being also a point
on the Central Business District Redevelopment Area Boundary, Thence along the Central
• - Business District Redevelopment Area 28° 37100, Basta.distance of 69_46 feet
• more or less to the southeast Corner Of saictlands of Fatehi, 25er..39:;55"-EaSt"-
continuing along said Central Business District RedeVelopment,Area Boundary and aer6ss•
Washington Street a distance of 70:12'feet more or less the northeast corner of the lands of MV /-
Golden West Savings and Loan as described in Book 2436 Page 932 official records of Sonoma
County, AN 006-361-031, said lands lying inside of this Amended Business District s „.
. ,
• Area Boundary and said northeast corner being also on the west line of said Liberty Street and
the Central Business District Redevelopment Area Boundary; Thence South 22° 21" 00" East -
continuing along said Central Business District Redevelopment Area Boundary and along the -
west line of Liberty Street a distance of 599.90 feet more or less to the southeast corner of the
lands of Mickles as described in Document No 1987-0073142;AP# 006-361-023, said lands
lying inside of this Amended Central Business District Area Boundary and said southeast corner
being also on the west line of said Liberty Street and the Central Business District .• „. '
Redevelopment Area Boundary; Thence South 22° 21" 00"East continuing along said Central
Business District Redevelopment Area Boundary and across Western Avenue a distance of 70.00
feet more or less to the True Point of Beginning, (P.O.B.) of this Amended Central Business
District Area Boundary.
Containing 10 acres.more"or less. -
All lands referenced herein lie outside of this Amended Central Business District Area Boundary
unless otherwise noted. All Document Numbers referenced herein refer to official records of
Sonoma County.
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The intent of'this,legal description is to affect that portion of thelands•above described for the
orderly development of the City of Petaluma Project No 8508 Central rBusmess District Plan
Amendment. This legal description was compiled in the offices of Bradley A.'Thomas &
Associates from record deeds, mapping and legal descriptions obtained from the City of
Petaluma and the County of Sonoma during March of 2000: Neither gaps nor areintended.
to be created where record or field survey information may in conflict. -
Prepare 4 pv- A ThGvx�y
a -No:5520 9
(442?
y PLS 5520 sT/7. 30 �0 ���
Bradley A. Thomas, 4r pAtlto
My License expires 9/30/2000
•
Bradley-A. Thomas & Associates -
WINDSOR ENGINEERING 6i LAND SURVEYING 47 L ° != 911190 =
e+esoiax<a.o,awen.:,y<s� ezm 'wwdwrC�llfomv vssz !. . . .., 1` - "' ,, . . - >
31 March,2000
File No. 2000W011 • .
Page 4.014
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EXHIBIT B-3
LEGAL DESCRIPTION
PETALUMA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
AMENDED PROJECT AREA BOUNDARY
(Added Area `B")
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Central• -.Amended'CBusinesS:DiStriCt.Bouridary .- :_ ,t, . . •,.
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Legal Description —...--,••,-. -,_..• •• _ , ..• - - ip-- • - - . --
' ' ' - • - • 1: -rr rr , •-•-• ,'J.r •_.:(EasternAdded Ari) ..• ,..: •, • •:, •:, ... -7-, -..p,„:-..-:••,:r ,,r• . - ...'t. pri,,-....., ].„-•,.
-,
ill/ • .... . .,., . ,. . . ..„. .... , . 4....,, . .. ..
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- .- • AMENDED CENTRAL BUSINESS '. '• • _ . . .. ./' .- ,
DISTRICT AREABOUNDARY• - •. •
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.LEGAL DESCRIPTION .. . .
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All of those certain•la.ndsSituated and being within the Cityof Petaluma, State of
California andlying width:tthe/area bounded by the following described line:
. . , Commencing at the intersection of the.centerlines•of."Ir Street and 4th Street as said ' , . •
streets are laid,doWo:andshown'ort the"Map of the City of Petaluma,December 1865"
• prepared from the survey by James T..Stratton, Esq., US. Deputy Surveyor,-filed in the
, -. '.. •:. office of the Sonoma CourityRecordeitin Folder No 9; thence southeasterly along the-.. • , . ', .. ." 1,',
. centerline of 4th Street 33 feetito the intersection of theprojectiOn of the southeasterly ..
line of "D" Street with;saicl centerline, thence southwesterly.along said projected .
. . sideline 33 feet to the intersection of the southwesterly and southeasterly side lines of . • -•
.-- ---' said 4th Street and "D" Streets;: aid_pont.o.of the TRUE POINT OF •: ' - - '/•',
BEGINNING of the following description Said point also being the Point of Beginning ,-
of the"CENTRAL BUSINESS DISTRICT" Redevelopment Area boundary (City of • --.
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Petaluma ordinance No.,1221N.C.S., September.27„1976) ihericeleaving said Point
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of Beginning along the southwesterly line of Fourth Street, (said line also being the-- ' -
most northeasterly linerofLots,86 and 85 as Upon-tfienab6Y6nieriffotted MaP
of the City of Petaluma), South 64°02' East,300.8‘feet to the most southeasterly corner
of said lot 85; thence continuing/South 64°02' ast„6,6 feet and crossing"E" Street . . •:-'1,.
to the most southerly center of the intersection of"E"Street and fOurth Street;thence . ... ", • H':,
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North 25°58' East, 66 feettOthemost easterly corner of said intersection, thence along . .
the southeasterly line of"E"Street North 25°58' East, 117.9 feet tO the most westerly
corner of the Lands of Hairis as described in Deed recorded in Book 2657, Official
. Records at Page 375, thence leaving the southeasterly line of 'E' Street and along the .
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southwesterly line of said lands of Harris South 64°02' East- 50.9 feet to the most
southerly corner of said Lands of Harris;thence leaving said along the -
northwesterly line of,the Lands,of Smith as described in Deed recorded.imBOok - - -
2420 of Official Records, it Page 923, South 25°58' West, 18.25'feet to the most
southerly corner of said Lands of Smith, thence along the southwesterly line of said lands
South 64°02' East, 50.5 feet to the most southerly corner of the Lands of Smith; thence
. leaving said corner and along the northwesterly line of the Lands of Buckley as described
in Deed recorded under Document No. 91-002334, OfficiaRecords, South 25°587 West,
. . 11.75 feet to,themost-westerly corner of said lands,thence along the southwesterly line
of said lands, South 64°02' Fast, 48.4 feet to the most southerly comer of said lands;
thence southeasterly line of said lands North 25°58' East; 11.75 feet to a point
on said line;thence leaving said southeasterly line of the Lands of Buckley and along
the southwesterly lines of Buckley, Levin and Griffith as described in deeds recorded
• under Document Numbers 84,025644, 89-074802 and 97-009035, Official Records, • - ..
South 64°02' East, 185 feet to the northwesterly line of"F' Street; thence continuing -0
. South 64°02' East,-50 feet to apoint on the southeasterly line of 7" Street, said point . •
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• . being the most corner of the Lands of Husary as described-in deed recorded
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, 7 "under Doctinient No 86-041689, Official Records, thence along the southwesterly lines • — ' :
of said Lands Of Htisary and the Lands of Simon, Mattel, Friedrich, Arcy, Williams and ..
Elwell as described in deeds redOidetfUnderDocurrientNiimbers 86-041689, 89-017763,
. 98-112665, 8h000659; 98-135635,.92-112083 and 94-074028, Official Records, the
following courses and distances: South 64°02' East, 216.2 feet; South 25°58' West, 19.5 .
feet;South 64°02' East, 50 feet;North 25°58' East,,20'feet South.64°02' East, 92.2 feet;
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South 25°58' 35 feet and Sthith'64°02' East,50.5 feet to the northwest line of"G"
Street,'thence southeasterly 66 feet, more or less, to a point on the southeasterly line of
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"G" Street, said point being the most westerly corner of the Lands of Shatara as,,described
in Deed recorded under Document No 80-077324; Official Recordsythericealong the
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southwesterly and southeasterly lines of Shatara South 64°02 East, 75:06 feet; thence „ . . . ..
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North 25°58'East; 15',25 feet to the mOstwesterly Cromer of the Lands of Parkinson as
recorded under Document No 83-033746; Official Records; thence along the south- '
westerly ,and_southeasterly lines of Parkinson South 64°02' East 75:06 feet and North
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25°58"..Easti9:75 feet to the mostwesterlycorner:of the Lands of Pollack,a-S.described in . . .
Deed recorded under Document No 96=102989, Official Records,.thenCe,albnithe''• '
:southwesterly lines of said Lands ef Pollack and southwesterly lines of Lands of
Smith and SykSlaS:described:inpeedS,recOrded•in Book 2846 Official Records at Page
810 and Book 285 1,Dfficial,ReCords'atBage.,345;.SOUtli 64°02”-Eastfl.:50' ,feettiiithe : .,-,, ,',•,Y.;. . .'.--.:,_
' : • . . ,
northwesterlylrneof"H"-Street,thence eontrnuing South 646021EaSt;66teettb,aponit .• . .‘ ::::,, ••7,
on the southeasterly line'Of"H"Street, said point being the most westerly corner'of the . • ....
---' .Lands of Scangarello as described indeed recorded iti.BoOk 2299, OffidialiReCOrdgat'''
, . .
- • p4ge,395;,thence;a1bnithe southWeSterlyline of said Lands of Stangiielleindthersouth-
westerly .
- . -lines of Dowd, Amen, Galkiloff and Bundesen as deSpribed.bYDoCurSentiarid '-
,..
- - Deedsr,recorded as 95-048157, 95-074454, 89-118278,Book 2025 at Page 906 and 98=
046728,Official Records,South 64902East,:300.0Afeet to the northwesterly line of"I" •
Street; thence continuing southeaSterly, 66 feet to a point On the southeasterly line of‘‘r-
Street; said point being the most westerly corner of theIands,of Zipperler(2668'01..R. . .
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897) as shown on that cettain City of Petaluma Parcel Map No 96,,filedM Book 233 of .
, . Maps,'at Page 18, Official Records, thence from said westerly corner South 64°02".East• • . . -- ' ''''
, . .
100.00 feet to therMithweStetly line of thetandsiofWilen as described under Document
No 91-004996, Official Records, thence along the northwesterly and southwesterly
lines of'midlands South 25°58' West, 50 feet and South 64°02' East, 50 feet to the
northwesterly line of the Lands Of Diationdhead Incorporated(3602 O.R. 426) as
said line 4S shown on theMap,of"Dianiondhead Condominiums", filed in Book 315 of
Maps at pages 33-34, QffiCial,Reeords,Mence along the northwest, Southwest and
southeast lines of saicfLand.s,as shown on saidmap the;following,courses and distances:
. • . South 25658'00"West 21.6.0 feet tOT,a.,1/2 inch iron pipe,thence South 64°02'00'East;
159:63:feet to a '/2 inch iron pipe,thence South 26°09'40" West, 202.01 feet MaMifieh •: . '
iron pipetheticeiSbuth 63°56'30'.'East,49:87 feet to a '4 inch iron pipe; thence . .
North 26°09'40"East, 202 feet to a Winch,iron pipe, thence Nor-M-25°58'007 East,
158 0 4-feet, more or less, to the most wesferly cornet of the Lands of Mullins as &Scribed
•
• c;,,:;4 by deed filed in Book 3041,Official Records at Page.:245; thence along the southwesterly
_.,
line of said Lands of Mullins and,the,southwesterly`line Of the Lands of CoPpini as Y - • . ,, '
described under Document No 94-090651,Official Records, South 64°02'East.1:50feet .
Page 2 of
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• to a point in the:northwesterly line of the Lands of Baker as described under Document ument -
No: 99-008532, Official Records; thence along.the northwesterly and`southwesterly lines
• of said Lands of Baker.South 25°58'West, 21,0 feet and South 64°02' East, 158 feet to • .
the most westerly corner of the Lands,of Hagopian as described in Deed recorded in
-Book 2910, Official Records at Page 247; thence along the southwesterly line of said
Lands South•64°02' East, 80 feet to the most westerly comer'of lot 4 as shown on - '
City of Petaluma Parcel:Map No 243, filed in Book 445 of Maps page 36-38, . .
Official Records thence:from said comer and along the northwesterly lines of Lots
_ . . . 4, 3, and 2 North 26°11'35"East, 238;38 feetto the,tnostnortherly comer of Lott as •- •
shown on said Map; thence along the common lineof Lots,2.and 1 as shown on•said.Map
South 63°22'50"East, 83.66 feet to.the northwesterly line,of Street; thence
.. - continuing South,63.°22'50".East, 50:feet;to a point on the southeasterly line of"K" .
Street,said.point,also being a point on the northwesterly line of Lot.2 as said lot is shown
on City of Petaluma Parcel Map No. 218 filed in Book 419 of Maps at Pages 21-23,.
Official Records;thence from said'pointand along thesoutheastely line of"K" Street ' -
North 26°26'41"East, 15'feet, more or less,to a % inch iron pipe which marks he most
northwest corner of said'`Lot 2; thence along the northerly boundary of said Lot 2 the . .
• following courses and distances as shown on said Map: South,64°03'43" East, 106:00
feet; thence North 26°26'41"East,,'40.00 feet thence South 64°03'43"East,250 00 feet, _•
thence South 24°22'62"West, 31.26 feet thence South 64°63f43"East, 116;84 feet to a ;
'/z inch iron pipe set on the northwesterly line of Mountain View Avenue; thence
southeasterly 60 feet, more or less, to a,point on the southeasterly"line of Mountain View
Avenue, said point being the most.westerly corner of,the Lands of Pelton as described'
under.Document no 90-054168, Official Records;•thence along;the_ -
southerly boundary of said^lands (being County Assessor's Tax parcel Numbers
•
008461-36, 4, 5, and 6)the following courses and'distances: South 68°02' East,
133.04 feet; thence southwesterly 6 feet, more or less; thence•southeasterly 50 feet, .
more or less;thence South 55.23'East, 50 feet; thence South 14°32' West, 5 feet, _
more or less; thence southeasterly 50 feet,:more or less;thence South 67°50"East,
93.5 feet to a point on the westerly line of Lot 4 as shown on City,of Petaluma-Parcel
Map No 43 filed in'Book 176 of Maps at Page 29, Official Records, said point bears
South 00°05'00"Fast, 55.03 feet,more.or less, from the-most northwest corner of said .
Lot 4, thence along the boundary of Lot 4 as shown on said-Map the following courses .
and distances: South 00°05'00"East, 680.74 feet, more or less,to':a 'V2 inch iron pipe,
thence South 83°45'30"East, 369.85'feet to the most southeast corner of said Lot 4 and a
point on the west line of Lot 5 as said.Lot 5 is shown on City of Petaluma Map of the
Lizak-Meadowview Subdivision", filed in Book 509 of Maps at Pages 1-3, Official .
• Records; thence:along the_west line of said Lots'North 00°45'00"•West;27.17•feet to a .
% inch iron pipe which•marks the most northwest corner of said Lot 5; thence along the
•
north lines of Lot 5 and Lot 1, as shown on said Subdivision Map, South 89°10'24"East, •
305.11 feet to a% inch iron pipe set on the west line of McNear Avenue which marks the •
most northeast corner of said Lot 1,,said'A inch iron pipe.also•marks the most southeast
corner of Lot 2 as shown on County,of Sonoma Parcel Map No 259, filed in Book 474 of a,
. Maps at Pages 46-47, Official Records; thence along the west",line of McNear Avenue .
(being also the east line of said.Lot 2 and also beingthe City Limit Line of the City of
Page 3 of 5 '
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Petaluma Northt00°
45'00" West, 514.46-feet to a 2 inch iron pipe which marks the most
northeast corner of said Lot 2, said iron pipe also,marks the intersection of the south line
of Petaluma Boulevard,South with,the west line of McNear Avenue as,shownsonysaid
Map; thence leaving,said,point of intersection and+crossing Petaluma Boulevard:South,
North 00°45'00" West, 120 feet to a point on the north line of Petaluma Boulevard
•
South as said line is shown on that certain Record of Survey Map filediin Book-387 of
Maps,at page 16, Official Records; said pointibears.North89°42'30"East, 79 feet,
more or less, from a 6 inch by 6'inch,concrete State Highway monument as:'"shown on •
Y g Y
said map, thence from said point and along said north line of Petaluma Boulevard)South,
South 89°42'30" West, 79 feet, more or less,to said State Highway:monument; thence .
continuing along said north line South 89°42'30"West, 1,07 feet to the beginning of a
tangent curve to theright whose radius is 740,00 feet;thence along said curve through a,
central angle of23°14'50"`a distance of 300:25 feet; thence North 52°28'00" West,
351.43 feet to a 'h inch iron pipe as shown on said map;thence leaving said north line.of
Petaluma Boulevard South North 13°10'00"East, 361.75 feet to a.'h inch iron pipe,' .
thence North 13°53 00"F.ast, 142.00 feet to a '/i inch^iron pipe set near the:southerly side
of theTetaluma;River as shown on said map; thence from said iron pipe;and running in a
northeasterly'direction 100 feet, more.orless,to a point on the:existing."PETALUMA •
- COMMUNITY DEVELOPMENT PROJECT'boundary.(City:of Petalunia,Ordinance
[projection]1725 C S."July I 8,Y 988)said pomt being the southerly to North 21 44e 40"West,
of the easterl bank of the McNear Canal called as
1,460.00 feet in the Legal Description of said PETALUMA COMMUNITY DEVELOP- • 4
MENT PROJECT" boundary); thence along said projection and said easterly-bank •
North 21°44'40" West, 1,460.00. eet,,to a point lying,on the westerly•line,'ofthose
certain Lands of C.P. Pomeroy, Incorporated;.described as Parcel One inIDocument
No 81.-043141, Official Records; thence running along the westerly line of said lands
North 00 939'59" East, 483.52 feet; to the southeast corner of'Parcel 34•as shownon.the
State Board of Equalization Survey Plat No 853-49=2F, of the Northwestern Pacific _
. Railroad right-of-way and running:thence along the southerly line.of said and its
[projection] the following,bearings and distances: North 77°2.2'30" West, 747.20 feet;
thenceNorth 73°17'30"West, 375.16 feet;,North'72°27'00" West, 657.00 feet,to the most
southerly corner of Parcel 9 as shown onthe State Board of Equalization Survey Plat No.
853-49-2 of Lands of the Northwestern Pacific Railroad thence running along the
boundary of said parcel North 72°27'00"West,460.19 feet;thence South35°30'00"'West,
28 02 feet, to the:most easterly coiner of those;certain;Lands;of McNear describedas
Parcel,Three in Document No 85.028060, Official Records; thence running along the
southeasterly line of said:lands South 35°30'00"West,104.24 feet, to the most,easterly
corner of those certain Lands of Schroeder-described in Book 1988 of Official Records,
at Page 675, Official Records; thence running,along the southeasterly line of said lands
South 35°30'00"West, 104:24 feet,to a point lying on the northerly line of Copeland
Street;thence running along said right-of-way North 54°-30'00" West, 100 00,=feet,to a
point lying on the existing"CENTRAL BUSINESS DISTRICT" boundary(City of
Petaluma.Ordinance No. 1221 N.C.S.; September 27, 1976)said-point being the
intersection of the easterly line of"D"Street•with the northerly line of Copeland Street;, •
thence from said;point and along said existing"CENTRAL:BUS1NESS DISTRICT''
Page 4:of 5
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: boundary,-southwesterly [58.00 feet],acrbss Copeland Streetto'northwesterly corner of AS
A.P. #007-152-01, thence, southerly along said parcel [67.10 feet] to southwest corner of
' same; thence, [southerly 336.31] feet to southeast corner of same; thence, southwesterly -
[150 feet, more or less] across [the] Petaluma River and continuing along the east side of
"D" Street [1,038.5 feet, more or less] to the [True] POINT OP,BEGINNING.
Containing 159 acres; more or less. .
Dimensions and wording within brackets [ ] were inserted within the existing boundary
descriptions for added clarity. All calls for"Official Records" are Sonoma County
Records.
, . . • . .
The intent of this description is to affect that portion of the lands above described for the
orderly development of the City of Petaluma Project No 8508 ".C.B.D. Plan Amendment".
. This description was compiled in the offices of FitzGeralct and Associates from record
deeds, mapping and legal descriptions obtained from City of Petaluma and County of , •
Sonoma files during May and June.1999. No gaps nor gores are intended to be created
where record or field survey information may be in conflict- _
. . . •
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5,
‘. Z7 JOHN J.
FITZGERALD
• LIC.# 4419 . • .
tr„ Age"zroot / 0/
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C or CrO*13 # "
e a 77
• Prep ed by Fir,Gerald&Associates Date-
•
John J. PitzGerald, P.L.S.4419 .
. •
• 'License Expwes 9-30-01
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Page 5 of 5
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EXHIBIT C
LAND USE MAP •
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EXHIBIT D
INITIALLY PROPOSED PROGRAMS'AND 'PROJECTS
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• Setforth.below are projects; activities and expenditures proposed to implement the
Amended Petaluma Central Business District Redevelopment Project. Such projects,
activities and programs may be financed from tax, increment revenue expected to be
generated from the Amended Project Area.
1 . Economic Development
Provide incentives for private sector investment in underutilized and vacant
commercial areas north of the Petaluma River, the Riverfront Warehouse District and
• Petaluma Boulevard.
•
Provide incentives to encourage mixed-use development oriented to the river and
to transit nodes.
•
Promote the development of retail, entertainment and related facilities_that will
strengthen the city center and reinforce downtown business.
Promote private sector 'development of residential uses on upper floors of
commercial buildings.
Provide incentives for the private sector investment to construct visitor lodging.
• • Provide assistance 'to local'community organizations to promote neighborhood
services and programs.
2. Building Rehabilitation
•
Provide assistance'for seismic strengthening of commercial buildings through the
Unreinforced Masonry Program.
Provide low interest loan and matching funds.for building and site rehabilitation and
facade improvements programs.
Provide incentives for private sector.redevelopment•of dilapidated and abandoned
buildings.
3: Circulation and Landscaping Improvements
•
Undertake roadway improvements to improve access to underutilized areas and
provide additional access to the downtown. ..
Assist in transit improvements in the Project Area.
•
Design and implement standards and enforcement procedures to improve truck
At routs and minimize truck traffic impacts on residential neighborhoods.
• 1
Plan and implement a program to add bike lanes along existing streets and design
new roads and bridges to accommodate; bicycles and pedestrians, including a •
pedestrian/bicycle trail,along the riverfront: -
Develop a transportation demand management program that discourages single- -
occupancy'vehicle trips and encourage the use of alternative modes of transportation.
Construct.Gateways to downtown.Petaluma that include trees and landscaping to
frame views.
Undertake street beautification projects. •
Extend the historic light standard within the Downtown area, and"provideadditional.
. lighting in the Added Area.
Provide for sidewalk improvements in.commercial areas.
4. - Public`Facilities:,and Infrastructure
- Provide assistance for parking improvements, including incentivesto shift.existing
parking areas from the river's edge to convenient areas away from the river.
Provide assistance to improve access to •the river and undertake river trail
enhancements. '
Improve public infrastructure as needed, including storm drains, sewer, and water
systems.
Undertake undergrounding of electrical utilities.
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5. . Site Preparation and Development • •
- Facilitate a hazardous materials cleanup-program.
Assist inproperty acquisition and site assembly. -
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Provide assistance to.relocate incompatible uses.
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6. Affordable Housing
Expand code enforcement efforts, encouraging home ownership and renovation.
Facilitate development of new affordable'multifamily and single family ownership
. and renter housing.
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Facilitate development of affordable housing for the elderly.
Provide assistance to agencies•proyiding temporary shelter for the homeless and
those in crisis.
Assist low to moderate income homeowners and residential property owners to
rehabilitate.
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