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HomeMy WebLinkAboutAgenda Packet 06/04/2001 (4) H - r . ; JUN m 4 2001 i Pcnc/CouNCIL Y CITY OF'PETALUMA,.CALIFORNIA ' Joint•City Council/Petaluma Community Development Commission. •_ AGENDA BILL _ Agenda Title: Meetfng,EDate: PCDC: Discussion and Possible Action to Adopt a Resolution June 4, 2001 Delegating the Power of Eminent Domain to-the City Council City Council: Discussion and Possible Action to Adopt Findings to Written Objections to the. Second Amendment to the. Redevelopment Plan for the Central Business District Redevelopment Project & Introduction of Ordinance Approving, and Adopting the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project Department: Director: vi Contact.Person: Phone Number: PCDC/Redevelopment Marangella Marangella 778-4581 Cost of Proposal: $97,121 Account Number: 901-8508 Amount Budgeted: $97,121 - Name of Fund: CBD Project Area Fund Attachments to Agenda Packet Relit - - PCDC: • 1. Resolution Delegating the'Power of Eminent Domain to the City Council City Council: - • 2. Resolution Adopting Findings in Response to.Written Comments Opposing the Proposed CBD Plan Amendment 3. Final Draft of Amended.and Restated.Redevelopment Plan:for the CBD Project 4. Introduction of Ordinance Approving and Adopting the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project Summary Statement: In August 1998, Seifel Associates presented the Petaluma Community Development Commission with a document entitled Petaluma Redevelopment Strategies. In the report, several important strategies for the Redevelopment Agency were recommended. In 1999, the Agency engaged Seifel Associates to implement one of the strategies and ,initiate a process to determine the feasibility of amending the Central Business District (CBD) Project Area by expanding its . boundaries and extending its life. . On January 16, 2001 the Petaluma Community Development Commission approved the Preliminary Report for the Central Business District Redevelopment Plan Amendment; received the Draft.Environinent Impact,Report; received the Draft Amended and Restated Redevelopment Plan for the Central Business District Project; and authorized the distribution of same to affected taxing entities. Subsequently, as required by State law, Redevelopment staff and consultants have conferred with the effected'taxing entities concerning the proposed amendment. On February 27, 2001, the Planning Commission of the City of Petaluma held a-noticed a public • hearing for the purpose of Determining the Adequacy of the Draft EIR and adopted a resolution recommending the approval and adoption of the Second Amendment to the CBD Project Area Plan with several amendments. a 1.+ S • • I. il . r On April 16, 2001, the PCDC and City Council held a joint meeting that resulted in the following significant actions for each agency: PCDC: Adopted Report to Council and Submitted Report, the • Proposed Amendment and the Final EIR to City Council; Approved Restatement of Owner Participation & Business Re-entry Rules; and Found the Provision of Low & Moderate Income Housing Both Inside& Outside of the Project Area is of Benefit to the Community. City Council: Adopted a Resolution Receiving the Report to Council, the Proposed Amendment and Final EIR; Found the Provision of Low &,Moderate Income Housing Both Inside & Outside of the Project Area is of Benefit to the Commu nity;.and Elected to Receive a Tax Increment Allocation Pursuant to H & S Code Section 33607.5 On May 21, 2001 the City Council/PCDC held a public;.hearing in order to receive written and oral testimony regarding the proposed Amendment. After all testimony was received; the joint hearing was closed and the PCDC adopted Owner Participation and.Business Re-Entry Preference Rules for the CBD Redevelopment Plan'and.a resolution certifying,the adequacy of the Final ER. The City Council also gave direction that an ordinance be prepared which includes a provision that the PCDC may delegate its eminent domain power to the City Council. The PCDC directed that a resolution be prepared delegating its power of eminent domain to the City Council. The next stage of the Plan Amendment process is for the City Council to adopt findings in response to written comments that were in opposition to the Plan Amendment. In addition the City Council will introduce the first reading;of an ordinance "Approving and.Adopting the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment.Project." With regard to the PCDC, a resolution delegating its power of eminent domain to the City Council will be considered. • • Council Priority: THIS AGENDA ITEM IS CONSIDERED To.BE PART OF', OR NECESSARY To, ONE OR MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. Priority(s): Complete Redevelopment Agency Review Recommended PCDC/Citv Council Actions:: It is recommended that the City Council/PCDC take the following actions: PCDC 1. Adopt the resolution in Attachment I, delegating the power of eminent domain to the City Council. City Council 2. Adopt the resolution in Attachment II, making findings in response to written comments opposing the proposed CBD Plan Amendment. 3. Introduce the ordinance, in Attachment IV, approving and adopting the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment.Project. eviewed by Finance Director: Reviewed by City Attorney: Al 0 .:ar' . 1; City Manager: Date: , Date: lm7L4j4t/29/o l• Today's : Revision # and Date Revised: Mode: # CITY OF PETALUMA, CALIFORNIA •• CityCouncil/Petaluma Community Development Commission JUNE 4, 2001 • AGENDA REPORT FOR Petaluma Community Development Commission Discussion and Possible Action:to Adopt a Resolution Delegating the Power.of Eminent Domain to the City Council City Council Discussion and Possible Action to,Adopt Findings to Written Objections to the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project & Introduction of Ordinance,Approving and Adopting the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project • • EXECUTIVE SUMMARY: In August 1998, Seifel Associates presented the Petaluma Community Development Commission with a document entitled Petaluma Redevelopment Strategies. In the report, several important strategies for the Redevelopment Agency were recommended. In 1999, the Agency engaged Seifel Associates to implement one of the strategies and initiate a process to determine the feasibility of amending the Central Business District (CBD) Project Area Redevelopment Plan by expanding the Project Area boundaries and extending its life. On January 16, 2001 the Petaluma Community Development Commission approved the Preliminary Report for the Central Business District Redevelopment:Plan Amendment; received the Draft Environment.-Impact'Report;.received the Draft.Amended and Restated Redevelopment Plan for the Central Business.District Project; and authorized the distribution of same to affected taxing entities. Subsequently; as required by State law, Redevelopment staff and consultants conferred with the effected taxing entities concerning the proposed amendment. On February 27, 2001,,the Planning Commission of the City of Petaluma held a noticed a public hearing for the purpose of Determining the Adequacy of the Draft EIR; Considering Comments on the Draft EIR; Identifying Any Revisions Desired in the Final EIR; and Authorizing the Preparation of a Final EIR/Response to Comments. The Planning Commission also reviewed and commented upon the Preliminary Report to Council and the Draft Amended and Restated Redevelopment Plan for the CBD Project Area The Planning Commission adopted a resolution recommending the approval and adoption of the Second Amendment to the CBD Project Area Plan with several amendments. On April 16, 2001, the PCDC and City Council held a joint meeting that resulted in the following significant actions for each agency: PCDC: Adopted Report to Council and • Submitted Report, the Proposed Amendment and the Final EIR to City Council; Approved Restatement of Owner Participation & Business Re-entry Rules; and Found the Provision of Low & Moderate Income Housing Both Inside & Outside of the Project Area is of Benefit to the Community. City Council: Adopted a Resolution Receiving the Report to Council, the Proposed Amendment and Final EIR; Found the Provision of Low & Moderate Income Housing Both Inside & Outside of the Project Area is of Benefit to the Community; and Elected to Receive a Tax Increment Allocation Pursuant toH & S Code Section 33607.5 On May 21, 2001 the City'Council/PCDC.held.a public hearing in order to receive written and oral testimony regarding„the proposed Amendment. After all testimony was received the joint hearing was closed and the PCDC adopted Owner Participation and Business. Re-Entry Preference Rules for the CBD Redevelopment Plan and a;resolution certifying the adequacy of the FEIR. The City Council also gave direction that an ordinance be prepared that includes a provision that the PCDC may delegate its eminent domain power to the City Council. The PCDC directed that a resolution be prepared in order for the PCDC to delegate. its power of eminent-domain to the City Council. The next stage of the Plan..Amendment process is for the City Council to adopt findings in response to written.cominents that were in opposition to the Plan Amendment. In addition the City Council will introduce an ordinance approving and adopting the Second Amendmentto the Redevelopment Plan for the Central Business District Redevelopment Projeet. With regard to the • PCDC, it.will consider a_resolution delegating its power of.eminent domain to the City Council. • 2. BACKGROUND: On April 16, 2001, the PCDC adopted the Report to Council, a public ,document designed to provide background information to the PCDC and taxing entities affected by the proposed Amendment,to°the Redevelopment Project. The purpose of the Report was to: • Set forth-the reasons or the selection of the project area; • Show blight:and urbanization evidence;. • Explain programs and activities the Agency intends to implement to eliminate blight; • Propose financing mechanisms for.such programs and activities; and • Provide a description of how the projects will eliminate blight. Also on April 16, 2001,.the PCDC adopted the Final EIR. A Draft Environmental Impact Report had been prepared and was circulated on January 12, 2001 after which there was a 45-day comment period for the public to provide comments. The Planning Commission reviewed and commented upon the Draft EIR , the Preliminary Report-to Council and the Draft Amended.and Restated Redevelopment Plan for CBD Project Area attheir meeting of February 27,2001. • Pursuant to Section 33346 of the Community Redevelopment Law, the Planning Commission found that the proposed Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project conforms to the General Plan of the City of Petaluma. • Additionally, pursuant to Section 65402 of the Government Code, with respect to public activities which may be undertaken within the area added'by the Second Amendment and the original Project Area pursuant to the Redevelopment,:PTan,, as amended by the Second Amendment, the Commission determined such activities and undertakings conform to the General Plan of the City of Petaluma and forwarded the DEIR to the City Council of Petaluma, including Commission comments, and authorized the preparation of a Final ER at the end of the comment period. • In summary, the proposed Plan Ainendinent will extend various time and financial limits of the Existing CBD Redevelopment Plan, as well as add territory (Added Area) to the CBD Project Area (Existing Area). The proposed .Added Area' .consists of approximately 127 acres of commercial, industrial and residential land uses located to the west and east of the Existing Area. Figure I-2 in the attached Report shows the location of the Amended Area (the combination of the Existing Area and Added Area). The Redevelopment Plan Amendment will provide the Agency with needed additional legal and financial resources to alleviate blighting conditions, implement the Central Petaluma Specific Plan, and promote economic development in the Existing•Area.; The Amendment is proposed to enhance the Agency's ability to eliminate blight in the Amended Area in a more effective manner than is possible under the Redevelopment Plan in place at this time. • On May 21, 2001 the City Council certified the Final E112. and,directed legal counsel to include a provision in the Redevelopment Plan allowing the PCDC to.`delegate its power of eminent domain to the City Council. Legal counsel also noted that any taking of property would require a 2/3 vote of the City Council. 3. ALTERNATIVES: While it would delay the possible'expansion of the project area and the extension of the time limit for debt collection in the Existing Area by about six months, the City Council could expand the project area boundaries to include additional property beyond what is already contemplated and approved for study. Otherwise,the CBD Project Area (the Existing Area) consists of approximately 98 acres and encompasses the majority of the historic downtown core of the City from D Street to Washington Street and from Lakeville Street to Liberty and 5`h Streets. The proposed Plan Amendment would add approximately 127 acres to the Existing Area, creating a 225-acre Amended Area. As shown in Figure I-2:in the attached Report to Council, the proposed Added Area is located in two areas, to the west and east of the Existing Area. The western portion of the Added Area is generally bounded by Union Street, Western Avenue, Howard Street, and Liberty Street. The eastern portion of the Added Area is generally bounded by D Street, McNear Avenue, the Northwest Pacific Railroad,;aiid,Petaluma Boulevard (the western portion does not include the • McNear Peninsula or McNearChannel). 4. FINANCIAL IMPACTS: • According.to the chart below, the Added Area of the CBD Project Area will have a property tax • base assessed value of approximately $49 million„ All of the affected taxing entities will continue:to receive,their share of property taxes from the base assessed value in both the Existing and Added Area. Assuming a 1% property tax rate, the entities will continue to-receive about $188,000 from theexisting area and about $488,000 from the Added Area. Chapter IV of the attached Preliminary Report describes the proposed methods for financing the proposed Redevelopment Program projects and activities in the Amended Project Area if the Plan Amendment is adopted. Chapter IV also demonstrates the financial feasibility of the Amended Redevelopment Program by comparing available funding sources for the Amended Project Area with.projected Redevelopment Program costs. Petaluma CBD Redevelopment Plan Amendment Amended Plan Existing-Plan Existing Area Added Area. Acres 98 98 127 Adopted 9/27/1976 2001 2001 • Base Assessed Value $18,832,170 $18;832,170 $48,801,481 Time Limits Incurring Debt 9/27/2001. 2011 2021 Project Activities 9/27/2016 2016 2031 Tax<InerernentReceipt 9/27/2026 2026 2046 The CRL imposes specific time and fiscal limits on particular Agency activities for a new Plan or for the"territory added to an existing plan. .These time limits affect the amount of tax increment revenue an agency can receive. Under the proposed Plan.Amendment, the time and fiscal limits of the proposed Added Area would be the same.asthe limits oft new plan. 5. CONCLUSION: In 1998, the PCDC approved and adopted the Petaluma Redevelopment Strategy which recommended adding the portions of the Central Petaluma Specific Plan(Specific Plan) that are not currently in either the City's Central Business District (CBD) or Petaluma Community Development (PCD) Redevelopment Project Areas. In FY 2000-01, Seifel Consulting was hired to prepare a CBD Plan.Amendment to expand the CBD Project Area On April 16, 2001, the. PCDC approved a Report to Council which.established the feasibility of such an expansion and set a date for a public hearing. All required notices have been mailed, filed and posted. On •, May 21, 2001, the City Council certified the Final. EIR and the PCDC adopted owner participation rules. I • The next step in the-Plan Amendment,process is for the City Council'to: • adopt findings in response to written comments that were in opposition to the Plan Amendment, and • introduce an ordinance?approving and adopting the Second Amendment to the Redevelopment Plan for the Central Business_District Redevelopment Project. With regard to the PCDC,the next step in the process is to: • adopt a resolution delegating its power of eminent domain to the City Council. 6. OUTCOMES OR.PERFORMANCE.MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR.COMPLETION: • The CBD Plan Amendment'is approved by June 30, 2001. 7. RECOMMENDATIONS: It is recommended that the: Petaluma Community Development Commission • Adopt the attached resolution delegating the power of Eminent Domain to the City • Council. (Attachment I) City Council • • Adopt the attached resolution containing findings in response to written comments opposing the proposed CBD Plan Amendment. (Attachment H) • Introduce an ordinance :approving and adopting the Second Amendment to the Redevelopment Plan for the. Central Business District Redevelopment Project. (Attachment IV) 0 Attachment I . - Resolution of the Petaluma Community Development Commission Delegating the Power of Eminent Domain to the City Council S er • • RESOLUTION # 2001- PETALUMA COMMUNITY DEVELOPMENT COMMISSION A RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION DELEGATING ITS.POWER OF EMINENT DOMAIN TO THE PETALUMA CITY COUNCIL WHEREAS, the Petaluma Community Development Commission (the "PCDC") was formed and organized pursuant to-the provisions of Part 1.7 of Division 24 (Section 34100 et seq.) of the California Health and Safety Code acting as the redevelopment agency in and for the City of Petaluma; and, WHEREAS, the PCDC was activated by the City Council by Ordinance No. 1170 N.C.S.and the City Council declared itself to be the PCDC exercising all of the powers, functions and duties of a redevelopment agency as set forth in State law; and, WHEREAS, the PCDC may exercise the power of eminent domain, under limited . circumstances, in furtherance•of redevelopment when such power is authorized by state law and memorialized in a redevelopment plan approved by the City Council; and, • WHEREAS, at this time, the PCDC wishes to delegate its power of eminent domain to the City Council, the chief legislative body of the City, to ensure the citizens of the•City that the power of eminent domain when and if exercised, shall be done only as a last resort when voluntary acquisition of property is unsuccessful and only when approved by a two thirds (2/3) vote of the City Council; and, NOW AND THEREFORE BE IT RESOLVED, by the Petaluma Community Development Commission as follows: Section 1. The above recitals are true and correct. Section 2. The Petaluma Community Development Commission delegates its power of eminent domain as set forth in state law and a redevelopment plan adopted by the City Council of.the.City of Petaluma. to the City Council of the City of Petaluma. Section 3. Consistent with state law, a two- thirds (2/3) vote of the City Council is required to adopta Resolution of Necessity to condemn property authorized by a redevelopment plan within the City approved by the City Council. • R • • I hereby certify that the foregoing Resolution No. was duly introduced and • adopted by the Petaluma Community Development Commission at a regular meeting held on June 4, 2001; by the following vote: Commissioner Ave No Absent Thompson Cader-Thornpson Healy Maguire Moynihan O'Brien • Torliatt E. Clark Thompson, Chairman ATTEST: • • • • • Beverly J. Kline, Recording Secretary • Attachment 2 A Resolution of the Petaluma City Council Adopting Findings in Response to. Written Comments Opposing the Proposed CBD Plan Amendment • Resolution No. N .C.S. of.the City of Petaluma, California. A RESOLUTION ADOPTING FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS TO THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT'PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT WHEREAS, Section 33363 of the California Health and Safety Code requires the City Council of the City of Petaluma to respond to written objections to the adoption of the proposed Amended and Restated Redevelopment Plan for the Central Business District Redevelopment Project; and WHEREAS, the City Council has considered the written objections received by the City and the Petaluma Community Development Commission ("PCDC") up to the close of the Joint Public Hearing on May 21 , 2001 ; and WHEREAS, neither the City Council nor the PCDC has received any • written objection from an affected taxing entity; WHEREAS, responses to the written objections, received are set forth in Attachment Ito this resolution and incorporated herein; NOW, THEREFORE the City Council of the City of Petaluma does hereby resolve as follows: The City of Petaluma has reviewed all written objections to the adoption of the Amended and Restated Redevelopment Plan for the Central Business District Redevelopment Project received by the City and the PCDC before the close of the Joint Public Hearing on May 21 , 2001 and hereby adopts the findings in Attachment I in response to those written objections. S • 4 I hereby certify that the foregoing Resolution No. 2001- was duly introduced • and adopted by the Petaluma City Council at a regular meeting held on June 4, 2001 by the following vote: Members of the Council: AYES: NOES: ABSENT: ABSTAIN: S . City Clerk • ATTACHMENT I PETALUMA CITY COUNCIL FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS The Petaluma City.;Council adopts the following findings in response to written objections submitted to the Petaluma Community Development Commission ("PCDC") up to, the close of the Joint Public. Hearing held on May 21, 2001 . These findings are based on the entire administrative record of proceedings before the Council regarding the proposed Amended and Restated Redevelopment Plan ("Redevelopment Plan") for the •Central Business District Redevelopment Project The City of Petaluma received seven separate written objections to the Redevelopment Plan, some of which were signed by more than one person and two of which were signed by the same person. Five of the comment letters raised objections to provisions of the. Redevelopment• Plan granting the PCDC limited power of eminent domain with respect to non-residential property in the Central Business District.Project Area("Project Area"). One letter objected to the expansion of the Project Area,on the grounds that such expansion would divert tax increment from other uses. One letter raised, concerns about the funding priorities identified in the Redevelopment Plan. An email communication to the • City • asked whether, in the course of• its deliberations on the proposed Redevelopment Plan, the Planning Commission had discussed the failure of AT&T to provide cable{serviceTto the downtown area. • I. EMINENT DOMAIN A. Objection • Five comments were received that objected to the grant of eminent domain authority to the .PCDC and/or the use of eminent domain for redevelopment purposes in the .Project Area. These comments were received from the following persons: 1. JoAnh Ritko Pozzi.(received.2/9/01) 2. Art and Helen .Hagopian (received 2/12/01) 3. Peter Rose(received 2/21/01) 4. Charles Gervasoni and Margaret Gambonini (received 4/27/01) 5. Donald A. Smith and Jean W. Smith (received 5/21/01) B. Response The proposed Redevelopment Plan would grant the PCDC eminent • domain authority only with respect to non-residential property in the Project Area. Furthermore, the Redevelopment Plan notes that the PCDC has delegated the City Council Findings • 6/4/01 1of5 ATTACHMENT I • exercise of its eminent domain authority to the Council. By limiting the use of eminent domain to non-residential property, the Redevelopment Plan ensures that PCDC activities will not.displace Project Area residents from their homes. In taking note of the PCDC delegation' of its eminent domain authority to the Council, the Redevelopment Plan ensures that the Council may be held democratically accountable for the use of eminent domain in the Project Area. Although no specific property is currently identified for the possible Use of eminent domain and although the Redevelopment Plan provides that eminent domain will be used only as a last resort, the ability to use eminent domain to acquire non-residential property will facilitate the assemblage of parcels-and the use of property to fulfill the goals set forth in the proposed Redevelopment'Plan. The PCDC has recently adopted Owner Participation and Business. Re- Entry Preference Rules for the Redevelopment Plan, which provide further support to property owners who intend to redevelop their own properties. The power of eminent domain is derived from the Federal Constitution, California State law and the Redevelopment Plan itself. Federal and State law provide that any public agency acquiring property by eminent domain must acquire that property for a public purpose and pay just compensation to the • property owner: Just compensation is'the fair market value of the property_The • maximum time period that the Council would be able to exercise eminent-domain on the PCDC's behalf is 12 years from the amendment of the Redevelopment Plan. The Redevelopment Plan specifies further terms and conditions under which the PCDC would be able to utilize eminent domain. State law provides additional protections for property owners and tenants. Prior to the Council exercising the PCDC's power of eminent domain to acquire non-residential property, the PCDC would be required to make,every reasonable effort to reach a negotiated settlement. with property owner(s) based on the appraised fair market value of the property. In addition, a resolution of necessity must be adopted by 5 out of 7 Council members indicating why the use of eminent domain is necessary in order to further the goals of the 'Plan. If a property were to be acquired through eminent domain, the PCDC would have to provide relocation benefits to owners and/or tenants, in addition to the payment to the owner of just compensation for the property'itself, based on its fair market value. The property owner could also be entitled to certain Federal and State`tax benefits if property is acquired under threat ofeminent domain. FINDING: Based on the above discussion, the City Council hereby finds that the granting to the PCDC of eminent domain authority for the acquisition of non-residential property is necessary for the success of redevelopment'in the Project Area City Council Findings 6/4/01 2 of 5 ATTACHMENT I II. USE OF TAX INCREMENT IN EXPANDED PROJECT AREA A. Objection, In a letter to the Mayor dated February 5, 2001., JoAnn Ritko Pozzi objected to the expansion of the Project Area "because of the diversion of funds from the current funding breakdown to other projects." B. Response • The primary source of financing for the Redevelopment Program has been, and will continue to be, tax increment revenue generated by the increase in property values within the redevelopment area. The general purpose of redevelopment is the elimination of blighting conditions: The completion of a redevelopment program results'in a project•area that is physically enhanced and economically stronger due to the elimination of blighting conditions. • The Redevelopment Program, described in Chapter III Of the Report to Council, dated April 2001, is specifically,designed to stimulate private investment and alleviate physical and economic blighting-conditions in the Amended Project Area. • In many communities, redevelopment projects have led to the stabilization of property tax rolls;and tax receipts for taxing entities within project areas. As a result, these communities have avoided declines in tax revenues due to worsening conditions and erosion of property values. In most redevelopment project areas, the investment of public redevelopment funds to leverage private investment has resulted in substantial increases in,property values over time due to rehabilitation, new construction and property appreciation. Thus, the expenditure of tax increment dollars for redevelopment activities in the Central Business District is not necessarily a drain on the tax revenues that would otherwise go to other taxing entities, but rather an investment that will ultimately result in enhanced property values, higher than would have resulted without redevelopment, and consequently enhanced revenues for all taxing entities. FINDING: Based on the above discussion, the City Council hereby finds 1) that the purposes of using tax increment for redevelopment activities in an expanded Project Area include the alleviation of physical and economic blighting conditions and The stimulation of private investment and economic growth that would not, otherwise occur, and 2) that such investment and`growth will result in greater tax revenues overall. • City Council Findings 6/4/01 3of5 ATTACHMENT I III. IMPLEMENTATION PLAN BUDGETARY"PRIORITIES' • A. Objection In a separate letter to the Mayor dated May 21, 2001,. Ms. Pozzi objected, • to certain funding priorities identified in the.Five-Year Implementation Plan for the .Project (2001-2006). Specifically, Ms. Pozzi objected to use of redevelopment funds for Petaluma Visitor's Bureau activities. Ms. Pozzi stated that in the past, such activities had been funded through a transient occupancy tax. She stated that redevelopment funds should be used instead for physical improvements. Ms. Pozzi further expressed concern about a lack of public parking on B and D Streets and about "the real cost of the earthquake retrofit." B._ Response - Ms. Pozzi's May 21, letter does not appear to raise objections to the proposed' Redevelopment Plan itself. It is expected that the PCDC will consider the issues she has raised when setting budgetary priorities. Ms. Pozzi is encouraged to make further comment at that time At this time the Council notes that funding • the Petaluma Visitor's Bureau as.a redevelopment project promoting,tourism`and. business patronage is consistent with the goals,identified in the Redevelopment Plan of 1) eliminating adverse physical and economic conditions in the Project Area, 2) providing an environment conducive to social and economicgrowth, 3) promoting economic vitality in. Petaluma's Central Business District by attracting new jobs that will employ Petalumans, 4) encouraging new development and mixed uses, 5) enhancing the downtown, 6) promoting public access and recreational opportunities along the river, 7) helping to integrate river orientation. by rehabilitating older shopping centers, and 7) reinforcing the role of the Central . Business District as a center for transit and non-vehicular modes of travel'.. Encouraging visitors to come to Petaluma and providing ways for them to spend money while they are here is an important part of the City's redevelopment . strategy. With respect to parking in the area of B or D Streets, as development occurs over time parking may be developed in those areas. In,fact, the PCDC's. Five-Year Implementation Plan identifies $2,000,000 for the development of public parking in the Project Area. With respect to earthquake retrofit for buildings within the Project Area, $355,000 has been identified in the Five-Year Implementation Plan. • City Council Findings - • 6/4/01 4 of 5 ATTACHMENT I FINDING: Commenter's letter objecting to funding priorities identified in the Five-Year Implementation Plan for the Project.does not raise objections to the proposed Redevelopment; Plan. Nonetheless, the Council has offered a detailed response to her comments, and it is expected that the PCDC will consider the issues she has raised when setting budgetary priorities. IV. AT&T A. Comment • On March 13, the City received an email message from Dianne Reilly Torres asking whether the Planning Commission had, during its consideration of the Central Petaluma Specific Plan, discussed the matter of AT&T's failure "to provide cable service to the downtown area per the AT&T audit which is on the City Council agenda next week. B. Response Ms. Torres has not raised an objection to the Redevelopment Plan. Nonetheless, the Assistant City Manager has provided clarification as • follows: The•recent audit does not require extension of cable to all of the central business district at this time. As part of the transfer agreement from ICI to AT&T, it was agreed that AT&T would'work with the City to extend service downtown as the area was redeveloped.: The City long ago required undergroundiog of transmission lines in the downtown area. To have the cable company trench new lines independently of the redevelopment of the area would be very expensive and would have a negative impact on all cable users as AT&T would be able to pass along those costs to all system subscribers:. Additionally, most of the downtown businesses do not desire cable service.. In fact; many of the residential and businesses who do desire television service have selected satellite service even when cable services were available. FINDING: Cormenter's emailed question does not raise objections to the proposed Redevelopment Plan. Nonetheless, the Assistant City Manager has provided a detailed response, which the Council has incorporated herein. • City Council Findings 6/4/01 5 of 5 _: • AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT • Prepared by the Petaluma Community Development:Commission Petaluma, California June 4, 2001 • TABLE OF 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 IV. 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 - 8 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.OPPORTUNITIi-STO PARTICIPATE IN THE REDEVELOPMENT PROJECT 14 A. Reentry-Preferences 14 B. Particfpation by Owners 15 C. Participation Agreements 15 D. Conforming Owners 15 • E. Refusal to Participate 15 F. Establishment of Priorities 15 • G. Participation by Groups.or Corporations 15 H. Participation Rules - 16 I. Limits on Participation 16 • J. Application of Plan 16 PART VII. RELOCATION ASSISTANCE TO_DISPLACED RESIDENTIAL AND NON-RESIDENTIAL OCCUPANTS 16 A. Assistance to Owners and Tenants - 16 B. Assistance to Business and Industry 17 C. Replacement Dwelling Units 17 D. Demolition, Clearance, and Site Preparation 18 • E. • Rehabilitation and Moving of Structures; Assistance for Certain • Private Improvements 18 PART VIII. PROPERTY DISPOSITION AND DEVELOPMENT 19 A. General 19 B. Purchase and Development by Participants 19 C. Purchase and Development Documents 19 D. Obligations to be Imposed on Redevelopers 20 E. Personal Property Disposition 20 F. Prevention of Discrimination 20 G. Conveyances by the Agency 21 H. Other Contracts, Deeds, and Leases for Conveyances of Project Are Property 21 I. Duration 21 • iii 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. OtherLoans, 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 S iii 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 (Exhibit D). 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 Plan•confornis: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. 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 an •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 by such statutory changes, to the • extent necessary to be in conformity with such statutory changes (and all other terms of the Plan shall remain in full force and effect). • • 1 B. Redevelopment Plan Amendment Goals • 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 Added 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 employ Petalumans, 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 shop ping 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. Reinforce the 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 asystem 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. • • 2 TART II. 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 "OriginaFProject Boundary" B. "Affordable Housing, Fund" means the affdfdable 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 arrieridedand.any specific plan applicable to all or portions ofthe Project Area that may hereafter be in effect`from:time to-time. H. "Land Use Map" means the map setting forth.thepermitted 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 participate in redevelopment and Owner Participation adopted by the PCDC pursuant to the Redevelopment Law, as such Rules now exist • or may hereafter be amended. 3 • 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. N. "Plan" means this Amended and Restated Redevelopment Plan for the Central Business District Redevelopment Project, as it now exists or may hereafter be'amended. . O. "Planning Commission"means thetPlanning 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 gal.Description (Exhibit B). The Project Area consists:of the;Original Area and theAdded 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 and 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 Safety Code Section'33000 et seg.). 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:HI. PROJECT AREA BOUNDARIES The Project.Area consists of all properties within the boundaries shown 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 Added Area (Exhibit B- • 2), and a composite legal description of the entire Project Area(Exhibit B-3). 4 PART IV. •' 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 Plan.also,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 and will 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 Plan will be undertaken to achieve the following goals and specific objectives in furtherance of the purposes of 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 of the economic vitality in the Central Business District by attracting new jobs that will increase employment opportunities for City residents, encouraging new development and mixeduses,•and enhancing the downtown. • The creation of development, public access and recreational opportunities along the river and the integration of river:orientationby the rehabilitation of older shopping,centers. • The creation of a 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. • The construction and repair of public infrastructures, including streets, sidewalks and curbs and gutters. • The reinforcement of the role of the Central Business District as a center for 5 • • 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, and balances the"need'for through movement with livability and pedestrian/bicycle orientation. • The enhancement of streetscape improvements, including street trees,;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 and Objectives . The Specific Plan and the General Plan identify goals and objectives for Central. Petaluma, which include,most of the eastern portion of the Added Area Set forth below are • policies of the Specific Plan which incorporate General Planpolicies relevant to redevelopment activities within the Amended Project Boundary: City Image: • Preserve historic resources. • Shape and plan new development Tor 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. 6 Housing and Neighborhood;Preservation • Maintain-a range of housingto meet the needs^of all Petahiinans of all income levels. • Increase residential densities near public transit and along major arterials. • Encourage infilldevelopment 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, attracting visitors and shoppers, and strengthening the City's public and cultural life. • Encourage both commercial and residential development. • Encourage the use ofindustrial lands primarily for economic base employment and increasing,the employment density of Petaluma workplace development by gradually increasing the density of new industrial development by 25 percent every five years. • Facilitate`the achievement of a balance of jobs and housing. The applicable'Cityzoningand planning processes (including any moratoria or temporary development restrictions imposed by the City) shall continue to have full effect and shall continue to serveas the primary determinant for land use decisions in the Project Area Without limiting the generality of the foregoing, the Planning,Commission, the City Council, City departments, and other City boards and commissions shall perform the same functions for - consideration and approval 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 arerrot subject to this Plan. 7 C. Project Development Standards • As provided in Section Al of this Part,.all land•uses within the boundaries,will:be in conforrnance with the General Plan, Specific,Plan and,all other applicable rstate•and-local codes and guidelines. Development standards within th •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 rand activities,(including size, height, and numberof buildings and dwellingunits) 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 UserMaps=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 and the Specific Plan and shall be•deemed to beautomatically modified as the Land Use Element of the General Plan and Specific Plan maybe revised 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 Within`the Project Area may,be widened, altered, or vacated for purposes of development of the Project. New streets maybe created as necessary. The anticipated configuration of streets and public rights-of-way within the.Project Area(including existing streets tabe retained and their relationship to major public facilities)is shown on the Land Use Map (Exhibit C). These public rights-of-way may be used for vehicular and/or pedestrian traffic as well as for public improvements,public and private utilities, and activities 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, and any guidelines which may be, adopted by the PCDC to assist in the'implementation of the Plana 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 be amended, and are included as part of the goals and objectives of this Plan. The.precise • 8 amount of open.space;to be provided in the Project Area will depend on the specific plans for • development submitted bydevelopers•ofprivate-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 provided in the General Plan, Specific Plan and Zoning Ordinance, as they now exist or as they may hereafter be amended, and • such additional standards as maybe adopted by the PCDC. 6. Density The maximum permitted density of development on any building 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 maybe adopted by the PCDC. 7. Signs Exterior signs necessary for theidentification 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 beamended, provided that they comply with any design criteria established for the • Project Area. The PCDC may require that the complete sign program for a development and such additional standards as may be adopted by the PCDC be reviewed by the PCDC staff, as well as the Planning Commission,prior to the erection or installation of signs in any part of the Project Area. S. Nondiscrimination and Nonsegregation As more fully set forth in Part (insert)below, there'shall beano discrimination or • segregation based on race, color, creed, religion, sex, sexual orientation, marital status, national origin, mental or physical disability, or ancestry permitted in the sale, lease,sublease, transfer, use, occupancy, tenure; or enjoyment of 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 participant shall be subdivided without the approval of the City. - - 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 action by the PCDC. 9 In addition,.the.PCDC is authorized to permit variances from any development • standards adopted by the PCDC or any affordable housing regulations or policy guidelines adopted by the PCDC. In order to permit such a variance the PCDC must determine that: a. The application of one or more of the provisions of such PCDC development standards, regulations:or policy guidelines would 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 not 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 may 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 authorized 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 development:and 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 not approve 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. • 10 12. Building Permits • No permit shall'be issued:for the construction of any new building or for any construction on an existing building in the Project Area from the date 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. Where such additional procedures and approvals are established, a building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the PCDC at the time of application. 13. Dwelling Units In compliance with the Health and Safety Code Section 33333(c),.and as provided in Sections B, C and D of this Part IV, 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 policyguidelines adopted by the PCDC from time to time, the PCDC may ensure compliance with the provisions of Health and Safety Code'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 a Resolution 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 in the HR. The Mitigation Measures are hereby incorporated in this Plan by this reference and shall be implemented by.the 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). . • 11 PART V. • REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES The development of the Project will be undertaken in accordance with the provisions of the Redevelopment Law. 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 set forth • in Part IV above, Among the programs and projects that may be implemented by the•PCDC using the techniques set forth,in this Part V and the Redevelopment Law are These 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 significant 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 Exhibit D, and/or to undertake other programs and projects consistent with this Plan and the CRL'that are not listed in Exhibit D. 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 and:public utilities include, but are:not limited to, the construction, expansion, rehabilitation or modernization of over-or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights,public transportation facilities, wastewater • disposal areas, storni 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 distribution systems (including upgrading of 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 acquired,:installed.or constructed, or caused tot e• installed or,constructed, by the PCDC include,but are not limited to, those public improvements, facilities and utilities set,forth in the attachedExhibit D, the Initially Proposed.Programs and Projects. Among the techniques the PCDC may employ 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. • • 12 •, B. Property Acquisition 1. Acquisition of Non-Residential Real Property 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 previously owned by the Agency. The PCDC is authorized.to'employ its power of eminent domain to acquire only non- residential property within the Project Area However, the:PCDC°adopted Resolution Number , on June 4, 2001,delegating its powerof eminent domain to the City Council for redevelopment. Accordingly,the,City Council shall act-on behalf of the PCDC when. condemning property under this paragraph B.1. The power of eminent domain is to be used only as a last resort after a public hearing and an affirmative vote of two-thirds of the city council pursuant to state,law. . The power of eminent domain shall not be exercised, however, when the conditions described in either subdivision a. orb. or c. below exist:' a. The property'in,question is owned bya:public;body and that public body • has not consented to the exercise of the power of eminent domain by the 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 propertyin 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 (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 13 • (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 small parcel size. (7) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped 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 thedate 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 property by voluntary(e.g., 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 acquisition-by such method. 2. Acquisition of Personal Property . Generally,personal property shall not be•acquired. However, where necessary in the 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 IMPROVEMENT BY 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 adopted 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 PCDC shall extend reasonable preferences to persons who own property or are • engaged in business in.the Project Area, to continue or to reenter in business within the Project Area if they otherwise'meet the requirements prescribed by the 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. 14 ., B. Participation by Owners Persons who are owners of residential; 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 other properties in the Project Area, or by selling their properties to the PCDC and purchasing other properties in the Project Area. 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 In such agreements, participants who retain real property shall be required to join in the recordation of such doc uments 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 Project Area presently:meets the requirements•of the Plan and the owners of such property will be permitted toremain as conforming owners without a participation agreement w' with the PCDC, provided such owners continue to operate, userand 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 (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area.. E. 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 opportunities for participation by individual persons and firms, participation to the extent it is feasible shall be available for two ormore'persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. 15 • H. Participation Rules The PCDC shall promulgate and, as appropriate, amend rules for owner participation. • I. Limits on Participation - Participation opportunities are necessarily subject to and limited by factors such as the following: a. The elimination and/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 parcels in the Project Area. e. Change in orientation and character of the area, or portion of th&area. Existing buildings which have historical and/or architectural qualities that • will enhance the-Plan. J. Application Of Plan The provisions of this Plan shall apply to all public and private-property in the Project Area in order to extend the benefits 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'bnsinesses'aspart 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 16 • • Consistent i ntV" . above, n displacement of person(s) or mesfromresideial o ert Y exer i'exercising p ower ofeminentldomain because the PCDC shall not have the power of eminent,domain on residential property. No person or family will be required to move from any dwelling unit because of the activities of the PCDC unless and until suitable replacement:housing is available and_ready_for occupancy in areas not generally less desirable with regard to public utilitiesand public and commercial facilities, at rents or prices within the financial means of such person or family, or with respect to persons and families of low and moderate income, at rents or-prices comparable°to 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 theiperson to be'relocated. ThePCDC?shall not displace 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 PCDC 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 assist in 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 best efforts 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 substantial loss of patronage, and the business is not a part of a commercial enterprise having at lest one other establishment engaged in the same or similar 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 PCDC-shall not pay costs of relocating utility lines and facilitiesfrom'vacated and abandoned streets in-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 removed from the housing market as part of the Project, the PCDC shall, within four years"of such destruction or removal, rehabilitate, develop, of construct, or cause to be rehabilitated, developed, or constructed, for rental of sale to persons and families with incomes not exceeding 120%of 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 334I3(a) and 33413.5). 17 . 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 necessary to carry out the purposes of this Plan. 2. Preparation of Building,and Development Sites . The PCDC is authorized to prepare or cause to be prepared as development sites any real property in the Project,Area owned or acquired by the PCDC. 3. Hazardous Waste Remediation and Removal . The PCDC may take any actions which it determines are necessary and which are 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 for Certain Private Improvements 1. To the extent appropriate in carrying out.the rPlan, the PCDC is authorized.to:..(a) ., rehabilitate or cause to be rehabilitated anybuilding;or structure in the Project Area acquired by the PCDC;and (b).move or cause to be moved any building-or other structure to a location within or outside'the_Project,Area. 2. For any rehabilitation project, the,PCDC rnay-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 remove graffiti from public and private property in the Project Area pursuant to Health and Safety Code Section 33420.2 and anysuccessor statute. 4. The PCDC may establish aprogram under which it lends funds to owners or tenants for the purpose of rehabilitating conunercial.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 Safety Code Section 33444.6 and anysuccessor statute. 18 • 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, or otherwise dispose of any interest in real property. To the extent permitted by law and upon compliance with the notice 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;by the 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 after completion of rehabilitation and an annual report coricei`ning such property shall be published by the PCDC as required by law. The PCDC shall reserve`such powers and controls in the disposition and 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 Developmentby 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 by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the'Specific*Plan;and the 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'of,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 servitude, or any other provisions necessary to carry out this Plan. • • 19 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-in accordance 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. D. Obligations to be Imposed on Redevelopers Acquirers of land from the PCDC shall be required to develop such land in accordance with the provisions set 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, sign:or-structure shall be constructed upon any part of such land unless:architectural plans and:spedifications showing, among other things, the nature of such construction, parking, loading, surface treatment and landscaping, the location.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;right,to refuse to approve any such plans or specifications when in the opinion of the Agency;such plans or 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;ofany 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;developershall resell, lease; sublease•or otherwise dispose of land in the Project Area until the construction approved by the PCDC has been -completed, except with.prior'written consent()tithe PCDC. The acquirer, user, otowner shall be responsible,for complying with all applicable State and local laws, ordinances and codes; in effecufrom 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 laws,in effect from time 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. 20 G Conveyances by the 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 of land, or any interest herein acquired by the PCDC 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 parties and all other transferees under the instrument. H. Other'Contracts, Deeds, and Leases for Conveyance 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 the:'sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of thepremises 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 or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. In leases, the following language shall appear: "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." I. Duration • The covenants in deeds, leases, and contracts from or with the Agency, with respect to prevention of discrimination shall remain in effect in perpetuity. 21 1 PART IX. • METHODS FOR FINANCING THE PROJECT A. General Provisions The PCDC is authorized to finance the Project with financial assistance from,the rCity, 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 for 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 may be used toward 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 is hereby authorized to borrow funds, obtain advances, and create contractual indebtedness and other obligations in carrying out this Plan, pursuant to applicable'law. The • principal and interest on 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 housing;purposes will 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 levied upon 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 agencies upon 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, last equalized prior to the effective date of Ordinance No. 1221 N.C.S. (With respect to the Original Area) and,Ordinance No (with respect to 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 Section 33670(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 of the PCDC!to pay the principal of and interest on loans, monies advanced to; or indebtedness (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 assessment. 'roll referred to in subdivision 1 above, all of the takes 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 ah taxes upon the taxable property in the 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 payment of the principal and the interest on money loaned, advances, or any indebtedness (whether funded;refunded, 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 divided and allocated to the PCDC pursuant to 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 33401, as such section read prior to January 1, 1994. This limit does not apply to include or prevent the Agency from incurring debt to be paid from the low and moderate income housing fund established pursuant to Section 33334.3 of the Community Development Law, or any other amounts required to fulfill the Agency's obligations under Section 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 onsuch bonds may be paid from: 23 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 Code which are pledged therefore; 5. any contributions or other financial assistance from the state.of local"government; 6. repayment of loans or other form,ofindebtedness to the Agency; 7. private parties; 8. any other source permitted by law; or 9. any combination of the above sources. Part XIV sets forth a limitation on the amount of bonded indebtedness secured by the tax. increments funds that may be outstanding at any one time. E. Other Loans, Grants and Advances • Any other available loans, grants, or financial assistance from any other public or private source maybe 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 purposes of 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; demolition 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 • 41., for purposes of Project financing. 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 of proceedings necessary for changes and improvements . in publicly-owned public utilities within or affecting 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 development and 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 permit the development of the Project Area to be commenced and carried to completion without necessary delay. PART XI. ENFORCEMENT The administrative enforcement of this Plan or other documents implementing this Plan shall be performed by the City 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 the Plan do not in any way limit or restrict the City's authority or power to enforce any local 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 provided by Health and Safety Code,Sections 33333.6(g) and (h), and except for any other authority in excess of the following limits that may 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 Original.Area on the establishing of loans, 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 aperiod of time beyond this time limit, subject to the further provisions of subsection 3. below. The limit 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 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 SectionB applies to the Added Area. Except for any other authority in excess,of the following limits that may 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 oh the establishing of loans advances,and indebtedness shall be the date which is 20 years from the date of adoption of Ordinance,No. , amending and restating this Plan, unless the Plan is further • amended as this time limit, subject to the further provisions 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 the 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 ffoin 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 agencyishall have no authority to act pursuant to the Plan with respect to the Added 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 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 XII, 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 such period 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 ofthis 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 procedurechereafter 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 of bonded 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. I:\WPD\MNRSW\347\005\Agreements\FINAL after accepting redlined changes Amended Redevelopment Plan 0405ekt.doc • • • 28 EXHIBIT A PROJECT AREA BOUNDARY MAP • Ha ® 141 Y w 04 \ ]' a , 40 o � v�� z it 1� a .w a O t.�•i1► I i^ii o a co o e01 66'; mew.• , C. • . �1`�VI at I 1 ' 0 is =`i 1,a2 II (Ilk s I ea.eO is �I���# °� a '���s !® �_� j;_ors s -1 n►/UIoi1 �1t► . �� ',Cratet ri ilk „ c H, .e''i �mv�i'rnrro ,cc .� °Ir= !I11p11°t �. ____ ' ''suture's, . lis x,111_ ill . pie*. .: ii: : ps, it gal -vs, wasotte i 1 - 1 It 45 ` s I A�.Jt�1�;:�rt y/ tit ` '' ® � a .. •G ` injarses;;s m �• w •i lik , r 1 ........,-.= .....- . ,.\,, ra/i6 .r sReET-='� X116 MOM Ti I ..�� �W eu►►■ ° .►1 11�� • It 11111 -4 seta a lel MUI as=„4=95:. r_21,7=_. _i 2 IS . Ear w/.8N9CON STREET f • {a et LIM 111 `°�!`�` > „ �; ;•V ■x=111 IIIIi� /-' ' " �.� 0 0��� ®� _..• mg IN E i) F 111 111 I nifir' ,o '® 1 *74Va = 111:- ' . . •�.'� .►I -�� �.- — `®f° tel 4%∎ ► 444,4t*440 ti ..si ► III E . :fine um. E nIn11 mini I ® �� tzras.litl'Ath,N,A. qh�o� � I a MIIMSON 9TRlCT ` EMI t- ill .• 1 H R. a %e s 1•• 0 ii a S1�'r111 CI 3 ■■--- —. 0 Ix ,-, •g,s�� X4,4 • •�®* ®1P1- s 1 I EXHIBIT B-1 LEGAL DESCRIPTION PETALUMA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT ORIGINAL PROJECT AREA (Existing Area"E") • • • (• BOUNDARIES. The boundaries ofthe°Petaluma-Central Business District;Redevelopment Project Area (the "Project Areal are shown on Figure 3. The legal description of'the boundaries of the Project Area is as follows: That certain area in City of Petaluma, County of Sonoma, State of California, bounded as follows: - - Beginning at the southerly,point of intersection of 4'h and "D" Streets in the City of Petaluma as sam&exists on September 18, 1975. Thence northwesterly along 4th Street one city block to southerly . corner of 4`h 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. #008-061-12 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,the southeast corner of the interest of 5th Street and "B" Street;. thence, northwesterly across "B" Street; thence, northwesterly across"B"Street along the southwest side of 5th Street approximately 440 feet and through the intersection of 5th and "A" Streets; thence, approximately 50 feet southwesterly to the southwest corner of the intersection of 5th 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'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 of A.P.#006-274-23;thence, northeasterly along northwesterly boundary side of said parcel across Keller Street to the southwesterly boundary of AP. #006-275-08, which is outside. of Project Area; thence, southeasterly down Keller Street to.northwest corner of'A P. #006-275-12; 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, northwesterly along Petaluma'Boulevard North approximately 140 feet on 2 • southwesterly side; thence, across Petaluma Boulevard North going northeasterly to northwest corner of A.P. #006-284-10, and continuing along'northwestern side ak of said parcel to Petaluma River; thence; north along centerline of Petaluma:River • approximately 40 feet;thence, northeasterly along the northwest boundaries of A.P. #007-121-17 and A.P. #007-12 -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 ry study area;thence,southeasterly boundary ofA:P.#007-.072-26, which is outside ofstu 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`feetithence, northeasterly approximately 140 feet to north corner of #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 parcel 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 eastside of "D"Street to the point of beginning. • • J:\WPD\Mnrsw\347\005\Agreements\EXHIBIT B1 1222ekt.wpd • 3 • • EXHIBIT B-2 • LEGAL DESCRIPTION PETALUMA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AMENDED PROJECT AREA BO PARY (Added Area"A") • (e Amended Ce-ntr-al-Business District Boundary Legal Description (Western Added Area) • Legal`Description°for: Amended Central Business District Area Boundary • CITY OF PETALUMA,'COUNTY OF SONOMA,STATE OF CALIFORNIA All those certain lands situated;and being within the City of Petaluma, County of Sonoma, State y? line: of California and lying the;area bounded by the described I 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 the southwest line of Liberty Street and being the southeasterly corner the lands of the Roman Catholic Bishop of Santa Rosa, as described in that certain deed recorded in Book 1914, Page 337 official records of Sonoma County,AP# 008-042-002; Thence North 22° 21' 00" West alongthe northeast line of said lands of the Roman Catholic Bishop of Santa . Rosa, along,the,southwest line of Liberty-Street and along said Central Business District - • Redevelopment Area Boundary a distance of 85.70 feet more'or less to the northeast corner of said lands of the Roman Catholic.Bishop of Santa Rosa, said northeast corner being the True Point of Beginning, (P.0a)) of this Amended Central Business District Area Boundary; Thence leaving said Central Business District Redevelopment Area Boundary South 67° 40' 00" West along the northwest line,of said lands of the Roman Catholic Bishop of Santa Rosa and along the northwest line of lands of St.Vincent's.Roman Catholic 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 the northeast corner of the lands of Baker as described in that certain _. deed recorded in Book 0030, Page 630 official records of Sonoma County, AN 008-044-001 said northeast corner being also on the southwest line of Howard Street; Thence North 49° 08' 39" West across Western Avenue a distance of 78.43 feet more or less to the east corner of the lands of Baccala as described in-Document No. 1992-0150954, AP# 006-394-016;. Thence continuing North 49° 08' 39" West along the southwest line of said Howard Street and along the northeast lines of the following described parcels, . The lands of as described in Document No..1992-0150954, AN 006-394-016,,,. The lands of Gonsalves as.described in Document No 1997-0036452, AP# 006-394-013, ' The lands of Galatolo as described in Document No 1996-0041070, AP# 006-394-011, - The lands of Williams as described in Document No 1984-0065148,AN 006-394-007, The lands of the Guggenheim Family Trust as described in Document No. 1996-0076871, AP# • 006-394-006, And the lands of Sin, et al as described in Document No 1992-0052922, AP# 006-394-005 ti ,) 1 a A distance of 281.70 feet more or less to the north comer of said lands of Siri, et al as described W:•-• in Document No 1992-0052922,.AP#006-394-005; Thence continuing North 49° 08'.39"West across Hams Street a distance of 60.09 feet more or less to the east corner of the lands of . Pimentel as described in Docurnent NO-1991-0059245,AN 006-393-011; Thence continuing North 49° 08' 39" West along the southwest line of said Howard Street and along the northeast lines of the following described parcels, - • . • The lands of Pimentel as described in Document No 1991-0059245, AP# 006-393-011, The lands of Gow as described in Document No 1994-0141032, AN 006-393-009, And the lands of Schor as described in Document No 1999-0138106, AN 006-393-015 A distance of 199.60 feet more or less to the north corner of said lands of Schor as described in Document No 1999-0138106,AN 006-393-015; Thence continuing North 49° 08! 39" West across Stanley Street a distance-of 60.09 feet more or less to the east corner of the lands of the - Jennings Trust as described in Document No 1996-0017160,-AP# 006-311-010; Thence continuing North 49° 08' 39"West along the southwest line of said Howard Street and along the northeast lines of the following described parcels, . , The lands of the Jennings Trust as described in Document No 1996-0017160, AN 006-311-010,- •,‘• The lands of the Wes Trust as described in Document No 1995-0022416, AN 006-311-009, • :Arid the lands of Nicholas as described inbiddirnent Na1111989-0104529;AN 006=311=016 Jt, A distance of 11233 feet more or less to the northeast corner of said lands of Nicholas as described in Document No. 1989-0104529; AN 006-311-016;:'Thence continuing North•49? 08' 39" West across Washington Street a distance of 16630 feet more or less to a point on the east •Y. line of the lands of the Goebel Trust as described in Document No 1999-0094715,AP# 006-1- • 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 as described in Document No 1999- . 0094715, AN 006-311-024 a distance of 100.00 feet more of less to the northeast corner of said _Goebel Trust as described in Document No 1999-0094715, AP# 006-311-024; Thence North 79° 33' 19"East across Howard Street a distance of 89.69 feet more or less to the northwest • corner of the lands of the Madick Trust, et al as described in DocumentNo. 1993-0122557,AN • - 006-272-001, said northwest corner being also on the south line of Union Street and said lands of the Madick Trust, et al lying inside of this Amended Central Business District Area Boundary; Thence North 68° 10' 00"West along the south line of said Union Street and along the north lines of the following described parcels lying inside of this Amended Central Business Distict Area Boundary, The lands of said Madick Trust as described in Document No 1993-0122557, AN 006-272-001, The lands of Gentry, et al as described in Document No 1980-0024185, AP# 006-272-002, The lands of Bowman Trust as described in Document No 1992-0100063, AN 006-272-003, The lands of the Marquez Trust as described in Document No 1999-0148406, AN 006-272-004, And the lands of Harikerson as described in Docurnent No. 1987-0096530, AN 006-272-005 . • - • - 2 • a distance of 365.65 feet to the northeast corner of said lands ofHankerson as described in , . Document.No..1987-0096530, AP#:006-272.005; Thence continuing North 68° 10' 00" West across Keokuk Street;adistance of feet more or less to the northwest corner of the lands Burgess, et al as-described in Document No 1996-0089127,AP# 006-273-010 said northeast corner being on the east line of said,Keokuk Strtreet; 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 comer 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 corner of the lands of Zamvil as described in Document No 1998-0144338, AP#,: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 Zamvil and the west;line of.-Pepper School.Alley a distance of 62:39 feet more or less to a point of intersection 6f said east line of Zamvrl with the westerly=prolongation of the north line of the lands of Fatelii,et al as described in Document No 1989-0108436,.AP# 006- = 271023, said-lands ofFatehiretal.lying inside of this Amended':Central:Business District Area Boundary; .Thence 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 corner 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 Dt'strict Redevelopment Area Boundary:South 28° 3T;00"East a,distance of 5946 feet � more or less to the southeast coer`of said lands of Fatehi, et al;•:Thence-South 25°>>39' 55".East m continuing along said Central Business District Redevelopment Area Boundary and across „ • Washington Street a distance of 70;12 feet more or:less the northeast corner of the Golden West Savings and Loan as described in Book 2436 Page:932;official redOrdS of Sonoma County,AP#006-361-031, said lands lying inside of this Amended Business District. Area Boundary and said northeast corner being-also on the west line'ofSaid 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 lessto the southeast comer of the lands of Mickles as describedinDocumentNo. 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 thel west line of said.Liberty.Street and the•Central Business District Redevelopment Area Boundary; ThenceiSouth 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. 3 • e. The intent of this legal description is to affect that portion ofthe;lands above described for the ! orderly development of the City of Petaluma Project No 8508 Central BusinessDistrictPlan • 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 gores are intended. to be created where record or field survey information maybe in conflict. Prepare P ale N 4 Bradley A. Thomas,PLS 5520 For c i IFS My License expires 9/30/2000 Bradley A. Thomas & Associates ' I + WINDSOR ENGINEERING&'LAND'SURVEYING .,. •''rars°"190 :� End wrvpwipdNl i 84650(d Redwood Higlnny Smm 201 Wfndmr Caifoma.95492 31 March,2000 File No 2000W011 Page 4 of • • • ::.gam, .:• 4 . EXHIBIT B-3 - LEGAL DESCRIPTION PETALUMA CENTRAL,BUSINESS DISTRICT REDEVELOPMENT PROJECT AMENDED:.PROJECT AREA BOUNDARY (Added Area `B") • i. f • • • • . . • • • • • • - • - _ . . • • • . . - . . . . , • . • ' • • - • • 1; '' • . - .• . . • •• .. • • • Amended-.Central•BusinesS.Ditrict.Boundar3i_ _ •• - ' -• . -. Legal Description . • . • .• • (Eastern Added Area) •• • •- • • . . . ,..• • • • ..- • . • .. . , • • • • • • • . . - • . - •••••• _ _ --• . • . • • . • . . . . . . • • . . . . , • „4111 . • • ..• • • • •• • . . . . . AMENDED CENTRAL BUSINESS DISTRICT AREA BO 0ARY LEGAL DESCRIPTION All of those certain lands situated and being within the City of Petaluma, State of California and lying within the area bounded by the following described line: Commencing at the intersection of the centerlines of "D" Street and 4th Street as said streets are laid down and shown on the "Map of the City of Petaluma, December 1865" prepared from the survey by James Stratton, Esq., U.S.Deputy Surveyor, filed in the office of the Sonoma County Recorder,in Folder No 9;thence southeasterly along the centerline of 4th Street 33 feet to the intersection of the projection of the southeasterly line of "D" Street with said 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, said point of intersection being 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 Petaluma ordinance No 1221 N.C.S., September.27, :1976); thence leaving said Point of Beginning along the southwesterly line of Fourth Street, (said line also being the most northeasterly line of Lots 86 and 85 as shown upon the above mentioned 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' East, 66 feet and crossing"E" Street to the most southerly corner of the intersection of"E" Street and Fourth Street; thence North 25°58' East, 66 feet to the •; most easterly corner of said intersection; thence along the southeasterly line of"E" Street North 25°58' East, 117.9 feet to'themost westerly corner of the Lands of Harris as described in Deed recorded in Book 2657, Official Records at Page 375, thence leaving the southeasterly line of "E" Street and along the 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 corner and along the northwesterly line of the Lands of Smith as described in Deed recorded in Book 2420 of-'Official Records, at!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, Official Records, South 25°58' West, 11.75 feet to the.mostwesterly corner of said lands; thence along the southwesterly line of said lands, South 64°02' East, 48.4 feet.tothe most southerly corner of said l ands;thence,along,the southeasterly line of said lands.North 25°58' East, 11.75 feet to a point on said line; thence leaving said southeasterly7ine;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 South 64°02' East; 50'feet to a point on the southeasterly line of"F" Street, said point being,,the most westerly corner of the Lands of Husary as described in Deed recorded under Document No. 86-041689, Official Records; thence along the Page 1 of 6 southwesterly lines of said Lands of Husaty and the Lands'of'Siinon, Mattei, Friedrich, Arcy, Williams and Elwell:as described in Deeds recorded''under Document-Numbers 86- 041689, 89-017763, 98-1'12665, 81-000659, 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, 19:57feet; South 64°02' East, 50 feet; North 25°58''East, 20 feet; South 64°02' East, 92.2 feet; South 25°58' West, 35 feet and South 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"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 Records; thence along the southwesterly and southeasterly lines of Shatara South 64°02' East, 75.06 feet; thence North 25°58' East,'15.25cfeet to the most westerly corner of the Lands of Parkinson as recorded under Document No 83-033746, Official Records; thence along the?southwesterly and southeasterly lines of Parkinson, South 64°02' East, 75.06 feet and North 25°58' East, 9.75 feet to the most westerly corner of the Lands of Pollack as`described'in Deed recorded under Document No. 96-102989, Official Records, thence along the southwesterly lines of said Lands of Pollack and southwesterly lines of the Lands of Smith and Sykes as described in Deeds recorded in Book 2846, Official-Records at Page?810,and Book 2851, Official Records at Page 345, South 64°02' East, 150.3 feet to the northwesterly line of Street; thence continuing South 64°02' East, 66 feet to a point on the southeasterly line of"H"Street, said point being the most westerly corner of the Lands of Scangarello as described in Deed recorded in Book 2299, Official Records at<Page 395; thence along the southwesterly line of said Lands of Scangarello and the south-westerly lines of Dowd, Amen, Gavriloff and Bundesen as described by,Documents and.Deeds recorded as 95-048157, 95-074454, •' 89-118278, Book 2025 at Page 906 and 98-046728, Official Records; South 64°02' East, 300.0 feet to the northwesterly'line of"I" Street; thence continuing southeasterly, 66 feet to a point on the southeasterly line of".1" Street, said point being the most westerly corner of the Lands of Zipperle (2668 0.R.!897) as shown on that certain City of Petaluma Parcel Map No 96, filed in Book 233 of Maps,at Page 18, Official Records; thence from said westerly corner South 64°02' East, 100.00 feet to the northwesterly line of the Lands of Wilen as described in Deed`,recorded under Document No. 91-004996, Official Records; thence along the northwesterly and southwesterly lines of said Lands South 25°58' West, 50 feet and South 64°02'East, 50 feet to the northwesterly line of the Lands of Diamondhead Incorporated (3602 O.R. 426)as said line:is shown,on the Map of "Diamondhead Condominiums";filed,in Book 315 of Maps at pages 33-34, Official Records, thence along the northwest, southwest and southeast lines of said Lands as shown on said map the following courses and distances: South 25°58'00" West, 216.0 feet to a ''A inch iron pipe; thence South=64°02'00" East, 159.63 feet to>a.%s inch-iron pipe; thence South 26°09'40 West; 202.01 feet to a ?/z inch iron pipe; thence South.63°56'30" East, 49.87 feet to a IA inch iron pipe;thence North 26°09'40"East, 202.09'feet to a ''7z inch iron pipe; thence.North:.25°58'00" East, 158.0 feet, more'or less, to the most westerly - corner of the Lands of Mullins as described by deed filed in Book 3041, Official Records at Page 245; thence;along the southwesterly line of said,Lands ofMullins and the southwesterly lineof the Lands of Coppini as described in Deed recorded under Document No. 94-090651,,Official Records, South 64°02' East, 150 feet to a point in the • Page 2 of 6 northwesterly line of the Lands of Baker as described in Deed recorded under Document • No 99-008532, Official Records; thence along the northwesterly and southwesterly lines of said Lands of Baker South 25°58' West, 210 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 corner of lot 4 as shown on City of Petaluma Parcel Map No. 243, filed in Book 445 of Maps;at;page 36-38, Official Records; thence from said corner and along the northwesterly lines of Lots 4, 3, and 2 North 26°11'35" East,.238.38-feet to the most northerly corner of Lot 2 as shown on said Map; thence along the common line of Lots 2,and 1 as shown on said Map South 63°22'50" East, 83.66 feet to the northwesterly line of"K"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 saictlot 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 point and along the southeasterly line of"K" Street North 26°26'41" East, 15 feet, more or less, to a ''1/2 inch iron`pipe which marks the 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°22'02" West, 31.26:feet; thence.South 64°03'43" East, 116.84 feet to a 1/2 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 eLands‘of Pelton as described in Deed recorded under Document no. 90-054168, Official Records; thence along the • southerly boundary of said lands (being-County Assessor's Tax parcel Numbers 008-461-36, 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 Lot4 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" East, 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 h inch iron pipe; thence South 83°45'30" East, 369.85 feet to the most southeast comer"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 Lot 5 North 00°45'00" West, 27.17 feet to a% inch iron pipe which marks the most northwest comer 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'/4 inch iron pipe set on the west,line of McNear Avenue which marks the most northeast corner of said Lot,;1,-said% 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 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 being the City Limit Line of the City of Petaluma) 411 Page 3 of 6 North 00°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 shown;owsaid 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 filed in Book 387 of Maps at page 16, Official Records, said point bears North 89°42'30" East, 79 feet, more or less, from a 6 inch by 6 inch concrete State Highway monument as shown on 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 the right-whose radius is 740.00 feet; thence along said curve through a central angle of 23°14150" a distance of 300.25 feet; thence North 52°28'00" West, 351.43 feet to a'/2 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 ''/z inch iron pipe, thence North 13°53'00" East, 142:00 feet to a.'/z inch iron pipe set near the southerly side of the Petaluma River as shown on said map; thence from said iron pipe and running in a northeasterly direction 100 feet, more or less, to a point on the existing"PETALUMA COMMUNITY DEVELOPMENT PROJECT" boundary(City of Petaluma Ordinance No 1725 N.C.S. July-1.8, 1988) said point being the southerly terminus-of the [projection] of the easterly bank of the McNear Canal(called as North 21°44'40" West, 1,460.00 feet in the Legal Description of said"PETALUMA COMMUNITY DEVELOP- MENT PROJECT" boundary); thence along said projection and said easterly bank North 21°44'40"West, 225'feet more or,less to a point on said"PETALUMA •, COMMUNITY DEVELOPMENT PROJECT" boundary which bears North 82° 22' East, 180 feet more or less from U:'S. Engineers Station R.W. #10 as said Station is shown on the "MAP OF PETALUMA AND VICINITYSHOWING RIGHT OF WAY LINE REQUIRED FOR THE WIDENING OF PETALUMA CREEK" dated 193.1 and filed as Drawing No 14-8 in the City of Petaluma Engineering Department; thence leaving said "PETALUMA COMMUNITY DEVELOPMENT PROJECT" boundary and crossing the mouth of the Petalumagand"Santa Rosa Railroad Company Canal (now known as McNear Channel) South 82°22' West, 115 feet more or less to the`most easterly corner of the Lands of Menary-as described in Deed recorded under Document No. 2000.:056555, Official Records; thence continuing South 82° 22' West, from said easterly corner of said Lands of Menary and passing through said U.S. Engineers, Station R.W. #10, 250 feet, to U.S. Engineers, Station.R.W. #9, as shown on above mentioned map; thence continuing along the southerly line of Menary the following courses &distances: South 74° 25'00" West, 260.00 feet; North 56° 31' West, 190.00 feet; North 24° 39' 00" West, 350.00 feet; North 39° 04' 00" West, 500:00 feet; North 53° 03' 00" West, 600.00 feet; North 57° 19' 00" West,254.88 feet to the southwesterly corner of said Lands of Menary; thence leaving said'.corner and along the southerly boundary of,the Lands of the City of Petaluma as described in Deed recorded under Document No 96-091069, Official Records, North 57° 19' 00" West,33.25 feet to the point of intersection with the northeasterly prolongation of the centerline of said `G' Street, (DistantN 25°'42' 52"E, 653.50 feet from the centerline of Secoridstreet);thence • Page 4 of 6 continuing North 57° 19".00" West, 111.90.feet; thence North 61°'47' 00" West, 300.47 feet; thence North 69°27' 00" West, 104.57 feet to the most southeasterly comer of the • Lands of Lind as describedJby Deed,recorded under Document No 98-023094, Official Records, said corner being common to said Lands of the City of Petaluma;thence leaving the northerly bank of thePetalutna°River.and along the common line of said Lands of Lind and the City of Petaluma,the following courses and distances; North 23° 47' 00" East, 272.26 feet; thence North 63°27' 33" West, 203.25 feet to a curve-to the left having a radius of 38 feet; thence Westerly along-said curve through a central'angle of 84° 04' 12" an arc length of 55.76 feet; thence South 32° 28' 15" West, 46.26,feet to a curve to the right having a radius of 62.00 feet; thence southerly and westerly along said curve through-a central angle of 81° 20' 40" an arc length.of 88.02 feet; thence North 66° 11' 05" West, 66.55'feet.to a curve to the right having.:a radius of 62.00 feet; thence westerly and northwesterly along said curve through a central angle of 71°34' 33", an arc length of 77.45 feet; thence North 05°23''28"East, 108.64 feet; thence North 46° 17' 47" West, 57.71 feet to the southwesterly line of Copeland Street; thence North 28°36' 48" East, 151.60 feet thence North 65° 01'05" East, 95.89 feet to a non-tangent curve to the right whose center bears South 43° 23'01" East, 62.00 feet; thence northeasterly along said curve through a central angle of 77° 59' 17", an arc length of 84.39 feet; thence South 55° 23' 44" East,239.77 feet to a tangent curver;to the left having;a radius of 30.00 feet; thence easterly and northerly along said curve through:a central angle of 80° 11' 13", an arc length of 41.99 feet; thence North 44° 25' 03" East, 110.16 feet to a,point on the common line of the Lands of Lind, said Lands of the City of Petaluma and the Lands of Shamrock Materials as described in Deed recorded in Book 3388 of Official Records, at page 639; thence leaving said Lands of Lind and along the common line of said Lands'of Shamrock and the City of Petaluma the following •, courses and distances: South 17°33' 00" West, 26.55 feet; South.60° 09' 00" East, 76.81 feet, South 54° 15' 30" East, 392.70 feet; South 189 34' 00" West, 77.70 feet; South 36° 45' East, 13.51 feet; thence leaving said Lands of the City of Petaluma and continuing along said Lands of Shamrock and the northerly bank of the McNear Channel, South 36° 45'East, 50.59 feet; thence South 57° 13' East, 212:50 feet; thence South 72° 13' East, 525.00 feet; thence South 73° 31' East, 48.43 feet to the common southerly corner of said Lands of;Shamrock Materials, Inc. and the Lands of Pomeroy as described by Deed recorded under Document No. 1994-098913, Official Records; thence continuing along said northerly bank of the McNear Channel and along the southerly line of - said Lands of Pomeroy-South 73°31' East, 160.00;feet; thence:South 65° 48' East, 473.25 feet to a point on the existing"PETALUMA COMMUNITY DEVELOPMENT PROJECT" boundary, said point also lying on the easterly line of those certain Lands of C.P. Pomeroy, Incorporated, described as Parcel One in Document No.:81-043141,-Official Records; thence running along the Westerly line of said lands North 00°39'59" East, 483.52 feet, to the southeast corner of Parcel 34 as shown on 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,parcel and its [projection] the following,bearings and distances:North 77°22'30" West, 747.20 feet; thence North 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 on the State Board of Egnali7ation 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, Page 5 of 6 460:19 feet; thence South 35°30'00" West, 28.02,feet;:to the most easterly corner of those certain Lands of McNear described as 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 thalmost easterly corner of those certain Lands.of Schroeder described in Book 1988 of Off eiatRecords, at Page.675, Official Records; thence running along the southeasterly lineiof 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 BUSINESS DISTRICT" boundary, southwesterly [58.00 feet] across Copeland,Street to northwesterly corner of A.P. #007-152-01;'thence,-southerly along said parcel[67.10 feet] to the 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 OF BEGINNING. Containing 118 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 ism 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 FitzGeralcl and Associates from record deeds, mapping and legal descriptions obtained from City of Petaluma and County of Sonoma files during April 2001. No gaps nor gores are intended to be created where record or field survey information may be in conflict. - Prepared by FitzGerald& Associates LAND Job No. 99-847 0FV soL F ..., o. JOHN J. p / 7 / FITZGERALD Lr / UC.#:4419 Jon J. 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''' /4.,, : i ,, H • ,I; o _ In" I rtift-.-1 -1 1, IK "/ 1t1 3 I, = 7-,. ta cy?-i' '''..- ' r\ sa / /,` 0 -0 .5 V 1 tf.r. ,C-. r'- I r a . _li ..,,. ,-. I\\\ f 1 - = 7 71 ‘,. ' 1 — G N // it ' . /,' / 15 t' I. ' •. \,‘ \\ ■ \; I ) 1 I i. • EXHIBIT D - INITIALLY PROPOSED PROGRAMS AND PROJECTS ( • ( C. • Set forth 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 Arnended`ProjectArea. 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 0.; 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 tote downtown. , Assist in transit improvements in the Project Area. • • Design and implement standards and enforcement procedures to improve truck 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 i • 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 landscaping4to frame views. - Undertake street beautification projects. Extend the historic light standard within the Downtown area, and provide additional lighting in-the Added Area. Provide'for sidewalk improvements in commercial areas. 4. Public Facilities and Infrastructure - Provide assistance for parking improvements, including incentives to 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. 5. Site Preparation and Development - Facilitate a hazardous materials cleanup-program. Assist in property acquisition and site assembly. Provide assistance to relocate incompatible uses. 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. 2 • I • Facilitate development of affordable housing for the elderly. Provide assistance ta agencies providing temporary shelter for the homeless and those in crisis. Assist low to moderate income homeowners and residential property owners to - rehabilitate. J:\WPD Mnrsw\347\COS\Agreements\EXHIBIT D 1222.wpd • . . . • • • • • • • • • 3 • • • C. Attachment 4 411` Ordinance Approving and Adopting the Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project • • • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA,APPROVING AND ADOPTING THE SECOND.AMENDMENT TO THE REDEVELOPMENT PLAN FOR THECENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Petaluma adopted the Central Business District Redevelopment Plan by Ordinance No. 1221 on September 27, 1976, amended by Ordinance No. 1973 on November 21, 1994, and amended by adoption of Ordinance No. 2092 on July 21, 1999; and WHEREAS,the Community Development Commission of the City of Petaluma (the "Commission") has been designated as the official redevelopment agency to carry out in the City of Petaluma the functions and requirements of the Community Redevelopment Law of the .Califoniia (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and WHEREAS, the Commission has proposed an Amendment to the Redevelopment Plan for the Project (the "Amendment") to do the following: (i) expand • the boundaries of the 98-acre existing'Central Business District Redevelopment Project Area ("Existing Area") to encompass two contiguous added areas totaling approximately 127 acres; (ii) extend the time limits applicable to the existing Central Business District Redevelopment Plan for carrying out redevelopment actions, collecting tax increment revenue, incurring debt, and exercising eminent domain authority (on non-residential uses only); (iii) establish a limit on the amount of outstanding bonded indebtedness for the Amended Project Area; and(iv) enhance and augment the projects and activities that may be undertaken.by the Commissionto reflect current and anticipated redevelopment needs; WHEREAS, the Planning Commission of the City of Petaluma (the "Planning Commission") has reviewed the Amendment and recommended the approval and adoption of the Amendment,`together with its certification that the Amendment conforms to the General Plan of the City of Petaluma; and WHEREAS, the City Council has received from the Commission the proposed Amendment, together with the'Report to the.Council pursuant to Section 33352 of the Health and Safety Code''and the Environmental, Impact Report (the "EIR") on the Amendment pursuant to Public Resources Code Section 21151; and . WHEREAS, under CEQA Guidelines, any future public or private activity or undertaking pursuant to the Plan that requires discretionary approval shall be assessed for any significant adverse environmental impacts associated with such activity or 4111 undertaking; and WHEREAS, the.City Council and the Commission hea anoint public hearing on May 21, 2001, on adoption of the,Amendment and on approval of the.EIR and said Amendment, in,the City Council Chambers, City Hall,11 English Street; Petaluma, California; and WHEREAS, a notice of said hearing was duly and, regularly published in the Petaluma Argus Courier, a newspaper of general circulation in the City of Petaluma, once a week for four successive weeks prior to the date of said hearing, and a copy of said , notice and affidavit of publication are on file with the City Clerk and the Commission; and WHEREAS,.copies•;ofthe notice of public hearing-were' nailed by first-class mail to all residents and businesses within the Project Area; and WHEREAS, copies Of the notice of public hearing were mailed by first-class mail to the last known address of each addressee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Sonoma; and WHEREAS, copies of the notice of public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and • WHEREAS, the Council has considered the Report of the Commission and the report and recommendation of the Planning Commission, the Amendment and its economic feasibility, the Ea, and provided an opportunity thrall persons to be hear, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendment; and WHEREAS, the Commission and the City Council have reviewed and considered the EIR on the Amendment, as prepared and submitted pursuant to the Public Resources Code Section 21-000 et.seq. and Health and Safety:Code Section 33352, and determined that the Amendment will not have a significant effect on the environment; WHEREAS, after holding the joint public hearing, the Commission has decided to delegate its power of eminent domain to the City Council when such power is granted in a redevelopment plan adopted by City Council. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF PETALUMA HEREBY ORDAINS AS FOLLOWS: • Section. 1. The purposes and intent of the City Council with respect to the Amendment are to (i) expand the boundaries of the existing Central Business District Redevelopment 'Project Area to encompass two contiguous added areas totaling approximately one-hundred twenty seven (127) acres, more particularly described in the • Legal Description of the Amendment attached hereto as Exhibit A, and incorporated herein by this reference; (ii) extend the time limit for incurring debt by ten (10) years to • September 27, 2011; (iii)'establish a limit on the,amount of bonded indebtedness for the Amendment of fifty million dollars ,($50,000,000); (iv) exercise eminent domain authority for non-residential properties for twelve (12) years to 2012; and (v) enhance and augment the.AmendmentProject and activities. Section 2. The goals of the City Council in approving and adopting the Amendment are as follows: a. Eliminate adverse physical and economic conditions in the Project Area. b. Provide an environment conducive to social and economic growth. c. Implement the Central Petaluma Specific Plan. d. Promote economic vitality in Petaluma's Central Business District by attracting new jobs that will employ Petaluinans, encouraging new development and mixed uses, and enhancing the downtown. e. Encourage development, public access and recreational opportunities along the river, and help to integrate river orientation by rehabilitating older shopping centers. f. Provide.forfa mixture of industrial, office, retail and compatible residential development. g. Provide sufficient parking to serve new businesses and residents while supporting the use of alternative modes of transportation and facilities primarily pedestrian uses. • h. Construct and repair public,infrastructure, including streets, sidewalks, curbs and gutters; water and sewer systems: i. Reinforce the role of the Central Business District as a center for transit and non-vehicular modes of travel. j. 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. k. Enhance streetscape improvements; including,street trees, landscaping, sidewalks and strengthen linkages to and,along the river through a system of urbannopen;spaces. 1. Ensure a choice;of housing types and locations to all persons regardless of income, sex, cultural origin, age, marital status, or physical disabilities. Section 3. The Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been:adopted, in response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the noticed public hearing. . Section 4. The City Council hereby finds and determines that: • a. Significant blight remains within the Existing Area and the Added Area and is blighted in accordance with Health and Safety Code Section 33031, and said blight cannot be eliminated without (i) expanding the Project Area; (ii) limiting the number of • dollars of taxes that may be divided and allocated to the Commission pursuant to the Redevelopment Plan, and (iii) limiting the principal amount of bonds representing tax allocation bonded indebtedness that can be outstanding at any one time and payable in whole or in part •from tax allocation attributable to the.Project; extending the time in which eminent domain authority may be exercised on non-residential property in the Project Area; and, enharicing;,and•augmenting projects and activities to be undertaken by . the Commission pursuant to the Amendment Plan. • b. The Amendment will enable the Project• Area to be redeveloped in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area, as• contemplated by the Redevelopment Plan, as amended by the Amendment, will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight and deterioration in the Project Area; provide for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which=need improvement; providing additional employment opportunities, and providirigfor'higher economic utilization of potentially useful land. c. The adoption and carrying out of the Amendment is economically sound and feasible. This finding,:is based upon the fact that under the Redevelopment Plan, as proposed to be amended, the Commission will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project • Area; and that under the Redevelopment Plan, as proposed to be amended, no public redevelopment activity will be undertaken unless the Commission can demonstrate that it has adequate revenue•to finance the activity. d. The Amendment conforms to the General Plan of the City.of Petaluma, including, but not limited to, the community's housing element, which substantially complies with the requirement. of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division.l of Title 7 of the Government Code: This finding is based on the report of the Planning.Commission that the Amendment conforms to the General Plan of the City of Petaluma. e. The carrying out of the Amendment will promote the public peace, health, safety and welfare of the City of Petaluma and will effectuate the.purposes and policies of the Community ''Redevelopment Law. this finding is based upon the fact that redevelopment; as contemplated by the Redevelopment Plan, as amended by the • Amendment, will benefit the Project Area by correcting conditions of blight and by coordinating' public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area. f The elimination of blight and the redevelopment of the Project Area • cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Commission. This finding is based upon the r continued existence of blighting influences, .,including the lack of adequate public improvements, and the inability of individual.developers to economically remove these blighting influences without public' assistance to acquire. assemble sites for development, and the provisions of public improvements, facilities and utilities, the inability of low- and moderate-income persons to finance;needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities. g. The time limitation and the limitation on the number of dollars to be allocated to the Commission that are contained in the Redevelopment Plan, as amended by the Amendment, are reasonably related to the proposed projects:to be implemented in the Project Area and to the ability of the Commission to eliminate blight within the Project Area. Section 5. Each individual public activity/improvement or private development action within the Project Area and/or in furtherance of this Redevelopment Plan that will require a discretionary approval by the Agency or the City will, ata minimum, be subject to a preliminary California Environmental Quality Act (CEQA) review to determine if the activity, improvement, or development action then requires preparation of a negative declaration, a mitigated negative declaration or a subsequent or supplemental environmental impact report in accordance with the applicable standards of CEQA and • the CEQA guidelines. Section 6.. The Redevelopment Plan for the Project, as adopted by Ordinance No. 1221, is hereby amended as set forth in the proposed "Amendment to the Redevelopment Plan for the Petaluma Community Development Project, attached hereto as Exhibit A and incorporated herein. As so amended, the Redevelopment Plan is hereby incorporated by reference herein and designated as the official Redevelopment Plan for the Petaluma Community Development Project. - The Executive Director of the Commission is hereby authorized to combine the Redevelopment Plan, as amended by this Agreement, into a.single document, and said document, when :filed with the City Clerk and the 'Secretary of the Commission, shall constitute the official Redevelopment Plan in place of the document currently constituting said Redevelopment Plan. Section 7. In order to implement and facilitate the effectuation of the Amendment hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby (i) pledges its cooperation in helping to carry out the Amendment; (ii) requests the 'various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to-such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area pursuant to the Amendment; (iii) • stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendment; and (iv) declares its intention to undertake and Y • • complete any proceeds necessary to be carried out by the City under the provisions of the Amendment. Section 8. That the Amendment includes all maps and documents incorporated herein by reference, having been duly reviewed and considered, is hereby incorporated in this Ordinance as Exhibit B and made part hereof, and, as so incorporated, is hereby designated, approved, and adopted to the Redevelopment Plan for the Central Business District Project. Section 9. The Commission hereby delegates its power of eminent domain to the City Council. Section 10. Ordinance No.'1221 is continued in full force and effect as amended by this Ordinance. Section 11. The City Clerk is hereby directed to send 'a certified copy of this Ordinance to the Commission, whereupon the. Commission is vested with the responsibility for carrying'out"the Redevelopment Plan as "amended by the Amendment. Section 12. The City Clerk is hereby directed to record with the County Recorder of Sonoma County a notice of the approval and adoption of the Amendment pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amendment have been instituted under the California Community Redevelopment Law.- Section 13. The City Clerk is hereby directed to transmit a copy of this Ordinance Amending the Redevelopment Plan to the auditor, assessor and tax collector of the County of Sonoma, to the governing body of each of the taxing agencies which levies taxes upon any propertyy in the Project Area and to the State Board of Equalization. -Section 14. In accordance with Health and Safety Code Section 33374, the Building Department of the City is hereby directed for a period of two (2) years to advise all applicants for permits within the Project Area that the site for which a building plan is sought for construction of buildings or for other improvements is within the amended Project Area. Section 15. Effective Date. This Ordinance shall be in full force and,effect thirty (30) days after its passage. Section 16. Publication.. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Petaluma Argus-Courier, a newspaper of general circulation, published and circulated in the City of Petaluma, California. a Section 17. Severability. If any part of this Ordinance, or the Amendment which it approves is held to be,invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amendment, if such invalid portion thereof had been deleted. PASSED AND ADOPTED this day of , 2001, by the following vote: AYES: NOES: ABSENT: Mayor• ATTEST: City Clerk • • YY • •