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HomeMy WebLinkAboutReso RDA 65-1985 RESOLUTION NO. 65 REDEVELOPMENT AGENCY OF Tm~. CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION REFERRING THE PROPOSED REDEVELOPMENT -PLAN FOR Tm~ SOUTH SAN FP. ANOISOO U.S. STEEL PLANT SITE REDEVELOPMENT PROSECT TO THE PLARNING COMMIS- SION OF THE CITY OF SOUTH SAN FRANCISCO FOR REPORT AND RECOMMENDATION WHEREAS, the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.) provides in Section 33356 that prior to a joint public hearing on a redevelopment pian~ the redevelopment agency shall sumbit the proposed plan to the pla~ing commission; and WHEREAS, the Redevelopment Agency of the City of. South San Francisco has prepared and completed a Redevelopment PLan f~r the South San Francisco U.S. Steel Plant Site Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisc~ that: The Redevelopment Agency of the City of South San Francisco does hereby resolve that the proposed Redevelopment Plan for the South San Francisco U.S. Steel Plant Site Redevelopment Project, in the form attached hereto, is hereby re'ferred to the Planning Commission of the City of South Francisco for report and recommendation. I hereby certify that the foregoing Resolution was .regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a special meeting held on the 29th day of May, 1985 by the follow~nl~ vote: AYES: Chairman Richard A, Haffey; Member Mark N, Addie.g.o; Hember Emanuele Uamonte; Memoer bus NOES: NONE A~SENT: Vice Chairperson Roberta Cerri Teglia ATTEST: Redevelol~ment A~ency of the City of South San Francisco 030885 Katz'Hollis rdaJl~C5 RgDEVELOPMENT PLAN FOR THE SOUTIt SAN FRANCISCO U.S. STEEL PLANT SITE Adopted: Ordinance No: SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY SOUTH SAN FRANCISCO, CALIFORNIA KatzHollis PAGE I. [§100] INTRODUCTION .............. 1 II. [§200] PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION ............... 3 III. [§300] PROPOSED REDEVELOPMENT ACTIVITIES .... 4 A. [§301] General ............... 4 B. [§302] Owner Participation and Business Re-Entry Preferences ........ 4 1. [§303] Opportunities for Owner Participation ........... 4 2. [§304] Preferences for Persons Engaged in Business in the Project Area. 5 3. [§305] Participation Agreements .... 5 4. [§306] Implementing Rules ....... 6 C. [§307] Property Acquisition ........ 6 1. [§308] Acquisition of Real Property . . 6 D. [§309] Property Management ......... 6 E. [§310] Payments to Taxing Agencies to Alleviate Financial Burden . . . . . 6 F. [§311] Demolition, Clearance, Public Improvements, Building and Site Preparation ............. 6 1. [§312] Demolition and Clearance .... 6 2. [§313] Public Improvements ....... 7 3. [§314] Preparation of Building Sites.. 7 G. [§315] Real Property Disposition and Development ............ 7 1. [§316] General ............. 7 2. [§317] Disposition. and Develop- ment Documents ....... 8 3. . [§318] Development by the Agency or Other Public Bodies or Entities .......... 8 4. [§319] Development Plans ........ 9 H. [§320] Cooperation with Public Bodies . . . 9 -i- I I Katz'Hollis PAGE I. [§321] Low or Moderate Income Housing . . . 10 1. [§322] Authority Generally ....... 10 2. [§323] Increased and Improved Supply.. 10 3. [§324] New or Rehabilitated Dwelling. Units Developed Within Project Area .............. 11 4. [~325] Duration of Dwelling Unit Availability .......... 12 IV. [§400] LAND USES AND DEVELOPMENT REQUIREMENTS . 13 A. [§401] Redevelopment plan Map and Major Project Area Land Uses ....... 13 B. [§402] Other Land Uses ........... 13 1. [§403] Public Rights-of-Way ...... 13 2. [~404] Other Public, Quasi-Public, Institutional and Non-Profit Uses .............. 14 C. [§405] Interim Uses ............ 14 - D. [§406] General Controls and Limitations . . 14 1. [§407] Construction .......... 14 2. [~408] Limitation on the Number of Buildings .......... 15 3. [§409] Number of Dwelling Units .... 15 4. [§410] Limitations on Type, Size and Height of Buildings... ..... 15 5. [§411] Open Spaces, Landscaping, Light, Air and Privacy ..... 15 6. [§412] Signs .............. 15 7. [§413] Utilities ............ 15 8. [§414] Incompatible Uses ........ 15 9. [§415] Non-Discrimination and " Segregation 16 10. [§416] Subdivision of Parcels ..... 16 11. [§417] Building Permits ........ 16 E. [§418] Design Guide ............ 16 V. [~500] METHODS OF FINANCING THE PROJECT .... 17 A. [§501] General Description of the Proposed Financing Method .......... 17 B. [§502] Tax Increment Funds ......... 17 -ii- KatzHollis PAGE C. [§503] Agency Bonds ............ 19 D. [§504] Time Limits on Establishment of Indebtedness ............ 19 E. [§505] Other Loans and Grants ....... 19 VI. [§600] ACTIONS BY THE CITY ........... 20 VII. [§700] ENFORCEMENT ............... 22 VIII. [§800] DURATION OF THIS PLAN .......... 23 IX. [§900] PROCEDURE FOR AMENDMENT ......... 24 EXHIBIT ?A" REDEVELOPMENT PLAN MAP EXHIBIT "B" LEGAL DESCRIPTION OF PROJECT AREA EXHIBIT "C" PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS -iii- KatZHollis REDEVELOPMENT PLAN FOR THE SOUTH SAN FRANCISCO U.S. STEEL PLANT SITE REDEVELOPMENT PROJECT I. [§100] INTRODUCTION This is the Redevelopment Plan (the "Plan") for the South San Francisco Redevelopment Project (the "Project") in the City of South San Francisco (the "City"), County of San Marco, State of California. This Plan consists of text (Section% 100 through 900), the Redevelopment Plan Map (Exhibit "A"), a Legal Description of the Project Area (Exhibit "B"), and the Proposed Public Improvements and Facilities Projects (Exhibit "C"). This Plan was prepared by the South San Francisco Redevelopment Agency (the "Agency") pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code, Section 33000 et seq.; all statutory references hereinafter' shall be to the Health and Safety Code unless otherwise designated), the California Constitution, and all applicable local codes and ordinances. The project area (the "Project Area") includes all properties within the Project boundary shown on the Redevelopment Plan Map and described in the -- Legal Description of the Project Area. The proposed redevelopment of the Project Area as described in this Plan conforms to the General Plan for the City of South ~an Francisco, as applied in accord with local codes and ordinances. This Redevelopment Plan is based upon the Preliminary Plan 'formulated and adopted by the Planning Commission of the City of South San Francisco (the "Planning Commission") on January 24, 1985. This Plan provides the Agency with powers, duties and obligations to implement and further the program generally formulated in this Plan for the redevelopment and revitalization of the Project Area. This Plan does not presen't a specific plan or establish priorities for specific projects for the redevelopment 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 Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. In general, the goals and objectives of a redevelopment program in the Project Area are as follows: 1. The elimination and prevention of blight and deterioration and the redevelopment of the Project Area in accord with the General Plan, specific plans, the Redevelopment Plan and local codes and ordinances. KatzHollis 2. The elimination or amelioration of. certain environmental deficiencies, including substandard vehicular circulation systems; disposal or handling of hazardous materials; inadequate water, sewer and storm drainage systems; and other similar public improvements, facilities and utilities deficiencies adversely affecting the Project Area · 3. The achievement of an environment reflecting a high level of concern for architectural, open space, landscape, and urban design and land use principles appropriate for attainment of the objectives of this Redevelopment Plan. 4. The replanning, redesign and development of undeveloped/ vacant areas which are stagnant or improperly utilized. 5. The encouragement of investment by the private sector in the development and redevelopment of the Project Area by eliminating impediments to such development and redevelopment. 6. The creation and development of local job opportunities to replace the Project Area's defunct employment base. 7. The provision for increased sales, business .license, hotel occupancy and other fees, taxes and revenues to the City. 8. The establishment of a conference center to serve the needs of San Mateo County and surrounding areas. 9. The creation of increased cultural and recreation oppor- tunities for visitors as well as area residents, particu- larly maximizing the potential offered by the waterfront. 10. The expansion of the community's supply of housing, including opportunities for low- and moderate-income households. Redevelopment of the Project Area pursuant to this Plan and the above goals and objectives will attain the following purposes of the California Community Redevelopment Law: (1) through the installation of new or replace- ment of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities; (2) by the replanning, redesign and/or development of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assist- ance; and (3) by protecting and promoting sound development and redevelopment of blighted areas and general welfare of the citizens of the City by remedying such injurious conditions through the employment of appropriate means. -2- KatZHollis II. [§200] PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION The boundary of the Project Area is shown on the Redevelopment Plan Map attached as Exhibit "Ar, and is described in the Legal Description of Project Area attached as Exhibit "B". -3- I KatzHollis III. [§300] PROPOSED REDEVELOPMENT ACTIVITIES. A. [§301] General The Agency proposes to eliminate and prevent the spread of blight and blighting influences, and to strengthen the economic base of the Project Area and the community by: (1) Permitting participation in the redevelopment process by owners of properties located in the Project Area, consist- ent with this Plan and rules adopted by the Agency; · (2) Acquisition of real property; (3) Management of property under the ownership and control of the Agency; (4) Demolition or removal of buildings and improvements; (5) Installation, construction, o~ reconstruction of streets, utilities, and other public facilities and improvements; (6) Disposition of property for uses in accordance with this Plan; (7) Redevelopment of land by private enterprise and public agencies for uses in accordance with this Plan; (8) Development or construction of low and moderate income housing within the Project and/or the City; and (9) Providing for the retention of controls and establishment of restrictions or covenants running with the land so that property will continue to be used in accordance with this Plan. In the accomplishment of these activities, and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers to the extent now or hereafter permitted by law, which powers are not expressly limited by this Plan. B. [§302] Owner Participation and'Business Re-Entry Preferences 1. [§303] Opportunities for Owner Participation The Agency is authorized to permit persons who are owners of commercial and other types of real property in the Project Area to be given the opportunity to participate in redevelopment by new development by retain- ing all or a portion of their properties, by acquiring adjacent properties from the Agency or by purchasing other properties in the Project Area~ -4- KatZHollis Persons and firms who own property within the Project Area shall be afforded the opportunity to retain and redevelop their properties consistent with the objectives and proposals of this Plan and implementation rules adopted by the Agency. In addition to opportunities for participation by. individual persons and firms, participation to the extent it is feasible shall be avail- able for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Participation opportunities shall necessarily be subject to and limited by factors including but not limited to the following: (1) the elim- ination and changing of some land uses; (2) the construction, .realignment, abandonment, widening, opening and/or other alteration or elimination of rights-of-way; (3) the removal, relocation, and/or installation of public utilities and public facilities; (4) the ability of participants to finance the proposed acquisition or development in accordance with the Redevelopment Plan; (5) the ability and experience of participants to undertake 'and complete the proposed development; (6) any reduction in the total number of individual parcels in the Project Area; (7) the construction or expansion of public improvements and facilities, and the necessity to assemble areas for such; (8) any change in orientation and character of the Project Area; and (9) the necessity to assemble areas for public and/or private development. 2. [§304] Preferences for Persons Engaged in Business in the Project Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to re-enter in business within the redevelopment area if they otherwise meet the requirements prescribed by this Plan. 3. [§305] Participation Agreements The Agency may require that, as a condition to participate in redevelopment, each participant shall enter into a binding agreement with the Agency-by which the participant, agrees to acquire, develop or use the property in conformance with this Plan and to be subject to provisions hereof. In such agreements, participants who retain real property may be required to join in the recordation of such documents as is necessary to make the provisions of this Plan applicable to their properties. In the event an owner or partici- pant fails or refuses to develop, or use and maintain, its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency and sold or leased for develop- ment in accordance with this Plan. Whether or not a participant enters into a participation agree- - ment with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. -5- KatzHollis 4. [§306] Implementing Rules The provisions of Sections 302 through 305 shall be implemented according to the rules adopted by the Agency prior to the approval of this Plan, and the same may be from time to time amended by the Agency. C. [§307] Property Acquisition 1. [§308] Acquisition of Real Property The Agency may acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, exchange, lease, purchase, or any other lawful method including eminent domain. The Agency is also authorized to acquire any other interest in.real property less than a fee. The Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. D. [§309] Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency; Such property may be rented or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. E. [§310] Payments to Taxing Agencies to Alleviate Financial Burden Subject to the provisions of Section 33401 of the Community Redevel- opment Law, the Agency may make the payments specified in this Section 310. In any year during which it owns property in the Proje6t Area, the Agency is authorized, but not required, to pay directly to any City, County, City and County, District, including, but not limited to, a School District, or other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt, an amount of money in lieu of taxes. The Agency may also pay to any taxing agency with territory located within the Project Area (other than the City), any amounts of money which, in the Agency's determination, are appropriate to alleviate any financial burden or detriment caused to such taxing agency by the Project. F. [§311] Demolition, Clearance, Public Improvements, Building and Site Preparation 1. [§312] Demolition and Clearance The Agency is authorized to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. -6- KatZHollis 2. [§313] Public Improvements The Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements, facilities and utilities (within or outside the Project Area) necessary.to carry out this Plan. Such public improvements, facilities and utilities include, but are not limited to, the following: (1) over- and under-passes; (2) sewers; (3) storm drains; (4) electrical, natural gas, telephone and water distribution systems; (5) parks and plazas; (6) play§rounds; (?) parking and transportation facili- ties; (8) landscaped areas; (9) street and circulation improvements; and (10) flood control improvements and facilities. Specifically, the Agency may pay for, install, or construct, and may acquire or pay for the land required therefor,, the facilities, buildings, and structures set forth in Exhibit Proposed Public Improvements and Facilities Projects, attached hereto and made a part hereof. 3. [§314] Preparation of Building Sites The Agency is authorized to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency. The Agency is also authorized to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for commercial, public, and other uses provided in this Plan. Prior consent of the City Council is required for the Agency to develop sites for commercial or industrial use by 'providing streets, side- walks, utilities or other improvements which an owner or operator of the site would otherwise be obliged to provide. G. [§315] Real Property Disposition and Development 1. [§316] General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. The Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding but only after public hearing. Before any interest in real property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council after public hearing in conformance with Section 33433 of the Community Redevelop- ment Law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for develop- ment for the uses permitted in this Plan. Real property may be conveyed by the Agency to the City and, where beneficial to the Project Area, to any other public body without charge or for an amount at less than fair value. -7- KatzHolli$ All purchasers or lessees of property from the Agency shall be made obligated to use the property for the purposes designated in this Plan, to begin and complete development Of the property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. 2. [§317] Disposition and Development Documents The Agency shall reserve powers and controls in 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 expeditiously carried out pursuant to this Plan. To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restric- tions, provisions of the zoning ordinance, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the Office of the Recorder of the County. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. Ail property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon sex, marital status, race, color, religion, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, t~nure, or enjoyment of property in'the Project Area. Ail property sold, leased, conveyed, or subject to a participation agreement, by or through the Agency, shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such non-discrimination and non-segregation clauses as are required by law. 3. [§318] Development by the Agency or Other Public Bodies or Entities To the extent now or hereafter permitted by law, the Agency may, with the consent, of the City Council of the City of South San Francisco, pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or outside the Project Area, if the City Council determines: (1) that such buildings, facilities, structures, or other improvements are of benefit to the Project Area or the immediate neighborhood in which the Project is located, regardless of whether such improvement is within another project area; and (2) that no other reasonabl~ means of finanding such buildings, facilities, structures, or other improvements are available to the community. Such determinations by the Agency and the City Council shall be final and conclusive. -8- Katz'Hollis Specifically, the Agency may pay all or part of the value of the land for and the cost of the installation and construction of any build- ing, facility, structure or other improvement set forth in Section 311 of this Plan, and in Exhibit "C," Proposed Public Improvements and Facilities Projects. When the value of such land or the cost of the installation and construction of such building, facility, structure, or-other improvement, or both, has been, or will be paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which is agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure, or other improvement, or both, by periodic payments over a period of years. The obligation of the Agency under such contract shall consti- tute an indebtedness of the Agency for the purpose of carrying out the redevelopment project for the Project Area, which indebtedness may be made payable out of taxes levied in the Project Area and allocated to the Agency under subdivision (b) of Section 33670 of the California Redevelopment Law and Section 502 of this Plan, or out of any other available funds. In a case where such land has been or will be acquired by, or the cost of the installation and construction of such building, facility, structure or other improvement has been paid by, a parking authority, joint powers entity, or other public corporation to provide a building, facility, structure, or other improvement which has been or will be leased to the City such contract may be made with, and such reimbursemedt may be made payable to, the City. Before the Agency commits to use the portion ~f taxes to be allocated and paid to the Agency pursuant to subdivision (b) of Section 33670 for the .purpose of paying all or part of the value of the land for, and the cost of the installation and construction of, any publicly owned building, other than parking facilities, the City Council shall hold a public hearing. 4. [§319] Development Plans 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 be amended from time to time. All development in the Project Area must conform to City and Agency design review procedures. H. [§320] Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate with or without consideration in the planning, undertaking, construction, or operation of this Project. The Agency may seek the aid and cooperation of such public bodies and attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. -9- KatzHollis The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participa- tion agreement with the Agency. Ail plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements (within or outside the Project Area) which land, buildings, facilities, structures, or other improvements are of benefit to the Project. I. [§321] Low or Moderate Income Housing 1. [§322] Authority Generaily The Agency may, inside or outside the Project Area, acquire land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or'moderate income. The Agency may also provide subsidies to, or for the benefit of, such persons and families or households to assist them in obtaining housing. The Agency may also sell lease, grant, or donate real property owned or acquired by the Agency to the South San Francisco Housing Authority and may otherwise coop- erate with the Housing Authority in carrying out the provisions of Section 323 herein below. 2. [~323] Increased and Improved Supply Pursuant to Section 33334.2 of the Community Redevelopment Law, not less than 20 percent of all taxes which are allocated to the Agency pur- suant to subdivision (b) of Section 33670 of the Community Redevelopment Law and Section 502 of this Plan shall be used by the Agency for the purposes of increasing and improving the City's supply of housing for persons and families of very low, iow, or moderate income unless one or more of the following find- ings are made: (1) that no need exists in the City, the provision of which would benefit the Project Area to improye or increase the supply of housing for persons and families of low or moderate income or very low income house- holds; or (2) that some stated percentage less than 20 percent of the taxes which are allocated to the Agency pursuant to Section 502 is sufficient to meet such housing need; or (3) that a substantial effort to meet low and moderate income housing needs in the City is being made and that this effort, including the obligation of funds currently available for the benefit of the City from state, local, and federal sources for low and moderate income housing alone or in combination with the taxes allocated under Section 33334.2, is equivalent in impact to the funds otherwise required' to be set aside pursuant to said Sec.tion. -10- KatZHollis In carrying out the purposes of Section 33334.2, the Agency may exercise any or all of its powers, including, but not limited to, the following: (1) Acquire land or building sites; (2) Improve land or building Sites with on-site or off-site improvements; (3) Donate land to private or public persons or entities; (4) Construct buildings or structures; (5) Acquire buildings or structures; (6) Rehabilitate buildings or structures; (7) Provide subsidies to or for the benefit of persons 'or families of very low, low, or moderate income; and (8) Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges. The Agency may use these funds inside or outside the Project Area provided, however, that funds may be used outside the Project Area only if findings of benefit to the Project are made as 'required by said Section 33334.2 of the Community Redevelopment Law. The funds for this purpose shall be 'held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. 3. [§324] New or Rehabilitated Dwelling Units Developed Within Project Area At least thirtM percent (30%) of all new or rehabilitated dwelling units developed within the Project Area by the Agency, if any, shall be for persons and families of low or moderate income; and of such thirty percent, not less than fifty percent (50%) thereof shall be for very Iow income households. At least fifteen percent (15%) of all new or rehabilitated units developed within the Project Area by public or private entities or persons other than the Agency shall be for persons and families of Iow or moderate income; and of such fifteen percent, not less than forty percent (40%) thereof shall be for very iow income households. The percentage requirements set forth in this Sect'ion shall apply in the aggregate to housing in the Project Area and not to each individual case of rehabilitation, devel- opment or construction of dwelling units. -11- KatzHollis If all or any portion of the Project Area is developed with low or moderate income housing units, the Agency shall require by contract or other appropriate means that such 'housing be made available for rent or purchase to the persons and families of Iow or moderate income displaced by the project. Such persons and families shall be given priority in renting or buying such housing; provided, however, failure to give such priority shall not affect the validity of title to real property. 4. [§325] Duration of Dwelling Unit Availability The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Section 324 shall remain for persons and families of Iow or moderate income and very low income households, respectively, for not less than the period set forth in Section 800 for the duration of this Plan's development controls. -12- KatZHollis IV. [§4001 LAND USES AND DEVELOPMENT REQUIREMENTS A. [§401] Redevelopment Plan Map and Major Project Area Land Uses The Redevelopment Plan Map, attached hereto as Exhibit "A", illus- trates the location of the Project boundary, identifies the major streets within the Project Area, and designates the major land uses authorized within the Project Area under the City's current General Plan. The City will from time to time update and revise the General Plan. It is the intention of this Redevelopment Plan that the major and other land uses to be permitted within the Project Area shall be as provided within the City's General Plan, as it currently exists or as it may hereafter be upon amendment, and as implemented and applied by local codes and ordinances. B. [§402] Other Land Uses 1. [§403] Public Rights-of-Way Major public streets within the Project Area include Oyster Point Boulevard and Gateway Boulevard. Additional public streets, alleys and easements may be created in the Project Area as needed for proper use and/or development. Existing streets and alleys may be abandoned, closed or modified as necessary for proper use and/or development. It is anticipated that Project development will entail vacation and/or realignment of certain streets, alleys, freeway approaches and other rights-of-way. Any changes in the existing street layout shall be in accord with the General Plan, the objectives of this Plan, and the City's design standards, shall be effectuated in the manner prescribed by state and local law, and shall be guided by the following criteria: (1) A balancing of the needs of proposed and potential new development for adequate pedestrian and vehicular access, vehicular parking, and delivery loading docks with similar needs of existing ~evelopments proposed or potentially proposed to remain. Such balancing shall take into con- sideration the rights of existing owners and tenants under the participation and preferences rules adopted by the Agency for the Project, and any participation agreements executed thereunder; (2) The requirements imposed by such factors as topography, traffic safety and aesthetics; (3) The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project by providing convenient, efficient vehicular access and movement; and -13- KatzHollis (4) The potential need or desire to accommodate the facilities and/or equipment of mass transportation modes. The 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. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. [~404] Other Public, Quasi-Public, Institutional and Non-Profit Uses In any area the Agency is authorized to permit the maintenance, establishment or enlargement of public, quasi-public, institutional, or non- profit uses, including park and recreational facilities, libraries, education- al, fraternal, employee, philanthropic, religious and charitable institutions, utilities, railroad rights-of-way, and facilities of other similar associa- tions or organizations. Ail such uses shall conform so far as possible to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable restrictions as are necessary to protect the development and uses in the Project Area. C. [§405] Interim Uses Pending the ultimate development of land by developers and partici- pants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use shall conform to all applicable City Codes. D. [§406] General Controls and Limitations Ail real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 1. [§407] Construction Ail construction in the Project Area shall comply with all applicable state and local laws in effect at such time. In addition to applicable codes, ordinances, or other require- ments governing development in the Project Area, additional specific perform- ance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area. -14- KatZHollis 2. [§408] Limitation on the Number of Buildings The approximate number of buildings in the Project Area shall not exceed the maximum number allowed under the densities permitted under the City's General Plan, as implemented and applied by local codes and ordinances. 3. [§409] Number of Dwelling Units The approximate number of dwelling units in the Project Area shall not exceed the maximum number allowed under the densities permitted under the City's General Plan, as implemented and applied by local codes and ordinances. 4. [§410] Limitations on Type, Size and Height of Buildings Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by the applicable federal, state and local statutes, ordinances and regulations. 5. [§411] Open Spaces, Landscaping, Light, Air and Privacy ~ The approximate amount of open space to be provided in the Project Area is the total of all area which will be in the public rights-of- way, the public grounds, the space around the buildings, and all other outdoor areas not permitted to be covered by buildings. Landscaping shall be devel- oped in the Project Area to insure optimum use of living plant material. In all areas, sufficient space shall be maintained between buildings to provide adequate light, air and privacy. 6. [§412] Signs Ail signs shall conform to City requirements. Design of all proposed new signs shall be submitted prior to installation to the Agency and/or City for review and approval pursuant to the procedures permitted by this Plan. 7. [§413] Utilities The Agency shall require that all utilities be placed under- ground whenever physically and economically feasible. 8. [§414] Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. -15- KatzHollis 9. [§415] Non-Discrimination and Non-Segregation There shall be no discrimination or segregation based upon race, color, creed, sex, marital status, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. 10. [§416] Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re-subdivided without the approval of the appropriate City body. 11. [§417] Building Permits No permit shall be issued for any work pertaining to the erec- tion, construction, moving, conversion, alteration, demolition, or addition to any building, structure, or paving until application for such permit has been made by the owner or his agent and processed in accordance with all City requirements. E. [§418] Design Guide Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper devel- opment of both private and public areas within the Project Area. These may be established by the approval of specific developments or' by the adoption of general restrictions and controls by resolution of the Agency. -16- KatZHollis V. [§500] METHODS OF FINANCING THE PROJECT A. [§501] General Description of the Proposed Financing Method The Agency is authorized to finance this Project. with tax increment funds, interest income, Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency-owned property, participation in development, or with financial assistance from the City, State of California, the federal government, or any other available source, public or private. The Agency is also authorized to obtain advances, borrow funds, issue bonds, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increments or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Project may be provided by the City until adequate tax increment or other funds are available or sufficiently assured to repay the advances and loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in-kind assistance. The City or any other public agency may expend money to assist the Agency in carrying out this Project. As available, gas tax funds from the state and county may be used for street improvements and public transit facilities. Ail or a portion of the parking may be installed through a parking authority or other public or private entities. Where appropriate, special assessment districts may be used to finahce public improvements, including parking. Tax increment financing, as authorized by Section 502 of this Plan, is intended as a source of financing in combination with other sources of financing that may be available for specific project activities. B. [§502] Tax Increment Funds Ail taxes levied upon taxable property within the Project Area each year,"by or for the benefit qf the State of California, the County of San Mateo, the City of South San Francisco, any district or any other public corporation (hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving this Plan, shall be divided as follows: (1) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxa- tion of such property by such taxing agency, last equal- ized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid to the -17- KatzHollis 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 Pro- ject on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County of San Mateo last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date); and (2) That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the prin- cipal of and interest on bonds, loans, monies advanced to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, this Project. Unless and until the total assessed valuation of ~he taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in subdivision (1) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective taxing agencies as taxes on all other property are pai~. The portion of taxes mentioned in subdivision (2) above is hereby irrevocably pledged for the payment of the principal of and interest on the advance of monies, or making of loans, or the incurring of any indebtedness (whether funded, refunded, assumed or otherwise) by the Agency to finance or refinance the Project, in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes divided an~ allocated to the Agency pursuant to subdivision (2) of this section shall not exceed a cumulative total of 3168,000,000, except by amendment of this Plan. Such limitation is exclusive of any payments to taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Community Redevelopment Law and Section 310 of this Plan. -18- KatZHollis C. [§503] Agency Bonds The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, or the State, nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obliga- tions shall so state on their face. The bonds do not constitute an indebted- ness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness to be repaid in whole 'or part from the allocation of taxes described in subdivision (2) above which can be outstanding at any one time shall not exceed $52,650,000 in principal amount, except by amendment of this Plan. Such limitation is exclusive of any payments to taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Community Redevelopment Law and Section 310 of this Plan. D. [§504] Time Limit on Establishment of Indebtedness The Agency shall not establish or incur loans, advances, or indebt- edness to finance in whole or in part the Project beyond 25 years from the date of adoption of this Plan. Loans, advances, or indebtedness may be repaid over a period of time beyond said time limit. Such time limitation may be extended only by amendment of this Plan. E. [§505] Other Loans and Grants Any other loans, grants, guarantees, or financial assistance from the United States, the State of California, or any other public or private source will be utilized if available as appropriate in carrying out the Project. -19- KatzHollis VI. [§600] ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City shall include, but not be limited to, the following: (1) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment, removal, and relocation by the public utility companies of their operations of public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be construed to require the cost of such abandonment, removal, and relocation be borne by others than those legally requi~ed to bear such cost. (2) Institution and completion of proceedings necessary for changes and improvements in private and publicly-owned public utilities within or affecting the Project Area. (3) Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. (4) Imposition wherever necessary (by covenants of restric- tions, conditional use permits or other mean~) of appro- priate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper ' development and use. (5) Provision for administrative enforcement of this Plan by the City after development. (6) Performance of the above actions, and of all other func- tions and services relating to public health, safety, and physical development normally rgndered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. (7) Provision of services and facilities and the various officials, offices and departments of the City for the Agency's purposes under this Plan. -20- KatZHollis (8) Provision of financial assistance in accordance with Section 500 of this Plan. (9) The undertaking and completing of any other proceedings necessary to carry out the Project. The foregoing actions to be taken by the City may involve financial outlays by the City, but do not constitute a commitment to make such outlays. -21- KatzHollis VII. [§700] ENFORCEMENT The administration and enforcement of this Plan, including the prepara- tion and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. 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 Agency or the City. Such remedies may include, but are not limited to, speci- fic performance, damages, re-entry, injunctions, or any other remedies appro- priate 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. -22- Katz'Hollis VIII. [§800] DURATION OF THIS PLAN Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for 35 years from the effective date of adoption of this Plan by the City Council; provided, however, that the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the termination date, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations until the date of retirement of such bonds or other obligations, as determined by the City Council. -23- _ KatzHollis IX. [§900] PROCEDURE FOR AM~I~MENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Community Redevelopment Law, or by any other procedure hereafter established by law. -24- · £XH[B,[T "B" SOUTH SAN FRANCISCO U.S. STEEL PLA)iT SITE REDEVELOPMENT PROJECT LEGAL DESCRIPTiO)~ The land herein referred to is situated in the State of California~ County of San'Mateo~ City of South San Francisco and is descfibed as follows: BEGINNING at a point on the Northerly line of'the Buri Burl RanchoS'where same .. ~s intersected by the dividing line between Sections 22 and 23j of Township South, Range 5 West~ Mount Diablo Base and Merldian~ which point is distant South 199.8 feet from the corner common to section 14-15-22 and 23 of said Township and Range; thence along the line dividing the Tide Lands and the Burt Burl Rancho~ South 81° 45'. East 339.24 fe~t; thence 'North 64~'45'. East feet; thence North 33~ 45' East 27?,20 feet; thence North 18~ 15' East 15B.40 feet; thence North 22° 15' West 11B.80 feet; thence North 1~° 30' 'East 184.80 feet; thence North 15~ West 194.70 feet; thence North 43° 45' East ?5.90 feet; thence North 63~ 15' East 132.00 feet; thence leaving the line of the Burl Burt Rancho and running North 485.76 feet to a point on the Southerly line of Tide Lands Lot 23 of Section 14, Township 3 South, Range 5 West~ M.D.B. & 14. and the True Point of Beginning of this description; thence from said true poin~ of beginning East, '2,412.30 feet along the Southerly line of Tide Lands Lots 23-22-21 and 20, to the Southeast corner of said Lot 20; thence North 45° West, 1,866.74 feet, across said Lots 20 and 21~ to the Northwest corner of said Lot 21; thence ~e~t, 1~980 feet~ along the South San Francisco City Limit line, being also the Northerly Boundary Line of Tide Land Lots 22-23 and 24, to th6 ". '50UTH SAN FRANCISCO U.~ STEEL PLANT SITE REDEVELOPME' PROJECT DESCRIPTION CONTINUED: Page -2- Northwest corner of said Lot 24; thence leaving said City Limit line~ South · 1~320 feet, along the Westerly line of said Lot 24, to the corner common to Tide Land Lots 24 an~ 25 'of Section 14 and' Tide Land Lots 17 'and 32 of Section T~wnship 3 South~ Range 5 West, M.D.B. & M.; thence West 1,290.30 feet, along the Northerly llne of Tide Land Lots 32 and 31~ to the Northwest corner of said Lot 31 of said section 15; thence North' 2= 30'. East 249.57 feet to a point on -the Easte'rly right of way line of the Southern Pacific Transportation Company; thence South 37" 32' 40" West 2~937.95 feet~ along said right of way .line; thence continuing along the Southeasterly line of said right of way, the following courses and distances: South 52" 27' 20" East 25 feet and South 37 32' 40" West 104.64 feet to the intersection of said right of way line with the )~ortherly line of Oyster Point Boulevard (Formerly Butler Road); thence Easterly' along the Northerly line of said Oyster Point Boulevard~ North 87" 04' East 493.00 feet; North 83" 09' 15" East 366.89 feet; North 87" 04' 'East~ 418.36 feet~ to a point on the Northerly prolongation of the Easterly line of Parcel I as shown on the Parcel Map recorded in Book 12 of Parcel Maps at Page 29, San Mateo [.-junty Records; thence along last said prolongation South 3" 48' 30" East 50.00 feet to the intersection of s~id prolongation with the Southerly line of Oyster Point Boulevard; thence Easterly along said Southerly line of Oyster Point North 87" 04' East 345.00 feet; South 3~ 48' 30" East 6.00 feet; North 87" 04' East 280 feet; South 3~ 48' 30" East 9.00 feet, )lorth 87" 04' East 457.17 feet to the intersection of the Southerly line. of Oyster Point Boulevard with the Southerly -- prolongation of the Westerly line of Parcel 4 as shown on the Parcel Map 'SOUTH SAN F.RAtlCI~CO U.~- STEEL PLANT SITE REDEVELOPME~"~-PROJECT DESCRIPTION CONTINUED: Page -3- r. ecorded in Book 23 of parcel )taps at Page 27, San Mateo County Records; thence leaving the Southerly line of Oyster Point Boulevard, North 65.00 feet inter- secting the Northeri'y line' of Oyster Point Boulevard~' thence' leaving the Northerly line of Oyster Point along the Westerly and Northeri~ lines of said Parcel 4~ )4orth 1~146.10 feet and North ?2° 2?' 53" East 1~070.26 feet to the Northeasterly corner of ParCel ~ to the l~esterly line of Parcel I a~ shown on the Parcel Map recorded in Book County Records; thence along said lJesterly line North 315.75 feet to the )~orthwesterly corner of said Parcel 1~ thence along' the Northerly line of Parcel 1, being also the Southerly Bulkhead line (U.S.C.E. 12-5-36) North ?2° 26' 32"" East 657.77 feet; thence leaving said Bulkhead line North 51.65 feet to the True Point of Beginning. .. Containing 174.49 Acres more or 1 ess. .. KatZHollis EXHIBIT C South San Francisco Redevelopment Agency. U.S. Steel Plant Site Redevelopment Project PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS 1) Conference Center/Theater Complex Construction of conference center/theater complex includ- ing associated parking and land acquisition 2) Oyster Point Blvd./U.S. 101/SPRR Overcrossing Construction of four-lane overcrossing and associated freeway ramps, including related right-of-way acquisition. 3) Oyster Point Boulevard Completion of widening and reconstruction of Oyster Point Boulevard from Project vicinity to Oyster Point. NOTES: 1. All projects include any necessary land acquisition, site occupant relo- cation, structural demolition, and grading. 2. This listing of projects is set forth for planning purposes, and is not necessarily listed in order of priority, nor should it be construed that full or even partial funding of any given project is assured by its listing herein. 3. This listing of projects shall not be deemed as a limitation on the Agency's authority to implement the Redevelopment Plan.