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HomeMy WebLinkAboutOrd 1352-2005 ORDINANCE NO. 1352-2005 AN ORDINANCE APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT AREA TO ADD NEW TERRITORY, EXTEND TIME LIMITS FOR EMINENT DOMAIN PROCEEDINGS AND FISCALLY MERGE THE DOWNTOWN/CENTRAL PROJECT AREA, THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT AREA, THE GATEWAY REDEVELOPMENT PROJECT AREA AND THE U.S. STEEI)SHEARW ATER REDEVELOPMENT PROJECT AREA WHEREAS, the City Council of the City of South San Francisco ("City Council") approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Downtown/Central Redevelopment Project Area ("Project Area") by Ordinance No. 1056-89 adopted on July 12, 1989; and WHEREAS, on November 9, 1994, the City Council adopted Ordinance No. 1152-94 to amend the Redevelopment Plan by amending certain time limitations in accordance with AB 1290; and WHEREAS, in March 2004, the City Council adopted Ordinance No. 1337-2004 extending certain time limitations in accordance with SB 1045; and WHEREAS, the City Council has received from the Redevelopment Agency of the City of South San Francisco (the "Agency") a proposed amendment to the Redevelopment Plan (the "Amendment"), a copy of which is attached to this Ordinance as Exhibit A; and WHEREAS, the Amendment provides for (i) the addition of certain territory to the Project Area as described in Exhibit 1 to the Amendment (the "Added Area"), (ii) the extension of time limits for the use of eminent domain proceedings to acquire nonresidential property, (iii) the fiscal merger of the Project Area with the EI Camino Corridor Redevelopment Project Area, the Gateway Redevelopment Project Area and the U.S. Steel/Shearwater Redevelopment Project Area in order to pool tax increment revenue from the four project areas and establish a unified bonded indebtedness limit for the four project areas while retaining the separate identity of each project area for other purposes; and WHEREAS, adoption of the Amendment is necessary to provide the Agency, the City and the South San Francisco community with additional financial and legal resources to expand and complete the redevelopment program in the Project Area through activities such as development of public improvements, revitalization of commercial and industrial areas, land assembly and disposition for redevelopment, provision of financial and other assistance to property owners for redevelopment of their property, and the provision of assistance in the development, preservation, acquisition and rehabilitation of affordable housing; and WHEREAS, as set forth in City Council Resolution 23-2005 and Agency Resolution 04- 2005, each adopted on March 9, 2005, the City Council and the Agency have each determined that establishment of a Project Area Committee is not required because the Amendment does not authorize use of eminent domain for property on which persons reside and does not provide for the development of public projects that will cause displacement of a substantial number of low- and moderate-income households; and WHEREAS, as set forth in City Council Resolution 23-2005 and Agency Resolution 04- 2005, the City Council and the Agency have each determined that (i) the fiscal merger is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), and (ii) the potential environmental effects of the Amendment have been analyzed in previously certified Environmental Impact Reports, and no new proj ects are proposed, no new impacts have been identified, there are no substantial changes in the circumstances under which the prior EIRs were certified, and there is no new information that was unavailable at the time the prior EIRs were certified; and WHEREAS, the City Planning Commission (the "Planning Commission") has reviewed the Amendment, has found that the Amendment conforms to the City's General Plan and has recommended the approval and adoption of the Amendment; and WHEREAS, the City Council and the Agency conducted a joint public hearing on May 27,2005, concerning adoption of the Amendment; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in San Mateo County once per week for four weeks prior to the date of the hearing, and a copy of such notice and affidavit of publication are on file with the City Clerk and Secretary of the Agency; and WHEREAS, notice of the public hearing together with a statement concerning acquisition of property by the Agency was sent by first class mail to the last known address of each assessee of each parcel of land in the existing Project Area and the Added Area, as shown on the last equalized assessment roll for the County of San Mateo; and WHEREAS, notice of the public hearing was sent by first class mail to all residents and businesses within the existing Project Area and the Added Area; and WHEREAS, notice of the public hearing was sent by certified mail, return receipt requested to the governing body of each taxing agency that receives taxes from property in the existing Project Area and the Added Area; and WHEREAS, the Agency has prepared a Report to Council in compliance with the requirements of Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) and a Supplement to such Report, which Report and Supplement are on file with the City Clerk and the Agency Secretary, and are hereby incorporated herein by reference; and WHEREAS, the City Council has evaluated the Agency's Report to Council, the Supplement, and the report and recommendations of the Planning Commission, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony for and against the adoption of the Amendment, and the City Council has, by Resolution No. 42-2005, adopted written findings ("Findings") in response to each written objection received from an affected property owner or taxing entity; and WHEREAS, the Agency and the City Council have complied with all requirements of Community Redevelopment Law in connection with the consideration and adoption of the Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: Section I. Purpose and Intent. The purpose and intent of the City Council with respect to the Amendment are: (i) to add the Added Area to the Project Area, (ii) to extend the time limitation for acquisition of nonresidential property in the existing Project Area and to establish such authority in the Added Area, (iii) to fiscally merge the City's four project areas in order to pool tax increment revenue from the four project areas and establish a unified bonded indebtedness limit for the four project areas while retaining the separate identity of each project area for other purposes, and (iv) to accomplish to the greatest extent possible (a) the elimination of blight in the existing Project Area and the Added Area, and (b) the expansion and completion of the redevelopment program in the existing Project Area and the Added Area through the development of public improvements, the revitalization of commercial and industrial properties, land assembly and disposition for redevelopment, the provision of financial and other assistance to property owners for redevelopment of their property, the development, preservation, acquisition and rehabilitation of affordable housing, the expansion of employment opportunities, and the promotion of private sector investment in the existing Project Area and the Added Area. Section 2. Findings and Determinations. In accordance with Health and Safety Code Sections 33354.6(a), 33367 and 33457.1, and based upon the evidence contained in the Report to Council, the Findings and other documents prepared in connection with the Amendment adoption process, and the evidence presented at the public hearing, the City Council hereby finds and determines that: a The existing Project Area continues to be characterized by blighting conditions as documented in Section II of the Report to Council prepared for the Amendment and in the Report to Council prepared in connection with the original adoption of the Redevelopment Plan. b. The Added Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes of the Community Redevelopment Law, and the inclusion of the Added Area is consistent with the goals and objectives of the existing redevelopment project. This finding is based on the following, which are detailed in Section II ofthe Report to Council: 1. Significant earthquake, flooding, environmental and development hazards exist in the Added Area. 2. The Added Area is characterized by a lack of adequate public improvements and utilities. 3. The Added Area includes buildings in deteriorated condition which are potentially hazardous. 4. The Added Area is characterized by soil conditions and environmental hazards that may prevent or substantially hinder the economically viable reuse of land. c. The blighted conditions in the existing Project Area and the Added Area are so prevalent and so substantial that they cause a reduction of or lack of proper utilization of the area to such an extent that they constitute a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. This finding is based in part on the facts that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and cost of the improvements necessary to eradicate such blight are beyond the capacity of the City and private enterprise acting alone or in concert without redevelopment. d. The Amendment will facilitate the redevelopment of the Added Area and the existing Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is supported by the fact that redevelopment of the existing Project Area and the Added 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 in the existing Project Area and the Added Area; providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement; providing affordable housing, including housing for low- and moderate-income persons; providing additional employment opportunities; facilitating private investment; and providing for more beneficial use of under- utilized land. e. The adoption and carrying out of the Amendment is economically sound and feasible. This finding is based in part on the fact that under the Redevelopment Plan, as proposed to be amended, the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments and that no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity. The Report to Council further documents the economic feasibility of the Amendment and related undertakings. f The Amendment is consistent with the General Plan of the City including, without limitation the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division I of Title 7 of the Government Code. This finding is based upon the report of the Planning Commission that the Amendment conforms to the General Plan of the City of South San Francisco. g. The carrying out of the Amendment will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that redevelopment as contemplated by the Redevelopment Plan, as amended by the Amendment, will benefit the existing Project Area and the Added Area by correcting conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the social, economic, and physical conditions of the existing Project Area and the Added Area. h. The condemnation of nonresidential real property as provided for in the Redevelopment Plan as amended by the Amendment, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon the need to ensure that the provisions of the Redevelopment plan as amended by the Amendment will be carried out and the need to prevent the recurrence of blight. 1. The Agency has a feasible method and plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the existing Project Area or the Added Area. This finding is based upon the fact that the City Council and the Agency recognize that the provisions of Government Code Section 7260 et seq. would apply in the event of relocation resulting from the Agency's implementation of the Redevelopment Plan as amended by the Amendment. The City Council finds and determines that the provision of relocation assistance according to the Agency's adopted Relocation Guidelines and applicable law constitutes a feasible relocation method. J. There are, or will be provided within the Added Area, the existing Project Area or in other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who may be displaced from the existing Project Area or the Added Area, decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based in part on the fact that no person or family will be required by the Agency to move from any dwelling unit in the Existing Project Area or the Added Area until suitable replacement housing is available according to law. k. Families and persons shall not be displaced prior to adoption of a relocation plan pursuant to Health and Safety Code Section 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Health and Safety Code Sections 33334.5, 33413 and 33413.5. This finding is based in part on the fact that the Agency shall displace no families or persons nor remove or destroy dwelling units housing persons and families of low or moderate incomes unless and until relocation assistance as required by law is provided. 1. All noncontiguous areas of the Project Area, as amended to include the Added Area are either blighted or necessary for effective redevelopment, and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Health and Safety Code Section 33670 without other substantial justification for their inclusion. This finding is based in part upon the fact that the boundaries of the Added Area were chosen to be added to the existing Project Area as a unified and consistent whole to include lands that are underutilized because of blighting influences or that are affected by the existence of blighting influences and conditions that significantly contribute to blight conditions as reflected in the Report to Council, and whose inclusion is necessary to accomplish the objectives and benefits of the Amendment. IlL Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part, and any such areas included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to Health and Safety Code Section 33670 without other substantial justification for their inclusion. This finding is based in part upon the fact that the inclusion of lands, buildings or improvements within the Added Area is necessary in order to (i) eliminate underutilized, stagnant and unproductive conditions of land; (ii) eliminate deteriorated structures; (iii) eliminate inadequate or deteriorated public improvements, facilities and utilities; (iv) provide affordable housing, including housing for low-and moderate-income persons; and (v) provide employment opportunities. n. The elimination of blight and the redevelopment of the existing Project Area and the Added Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, structural deficiencies, dilapidation and deterioration, factors that hinder economically viable use, and the inability of individual developers to economically remove these blighting influences without public assistance to acquire and assemble sites for development as detailed in the record including the Report to Council. The lack of private investment incentive, and the cost of requiring individuals (through assessments or otherwise) to eradicate or significantly alleviate such blighting conditions, and the inadequacy of other governmental programs and financing mechanisms to eradicate or significantly eliminate such blighting conditions, make elimination of blight in the existing Project Area and the Added Area infeasible without the aid and assistance of the Agency under the Amendment and the Community Redevelopment Act. o. The Added Area is predominantly urbanized, as defined in Subdivision (b) of Section 33320.1 of the Health and Safety Code. This finding is based on the fact as set forth in the Report to Council that 97% of the Added Area has been developed for urban uses and is an integral part of an area developed for urban uses which is surrounded or substantially surrounded by parcels which have been or are developed for urban uses. p. The time limitations and the limitation on taxes that may be allocated to the Agency as set forth in the Redevelopment Plan as amended by the Amendment are reasonably related to the proposed projects to be implemented in the existing Project Area and the Added Area and to the ability of the Agency to eliminate blight within the existing Project Area and the Added Area. This finding is supported by the fact that redevelopment depends in large part, upon private market forces beyond the control of the Agency, and shorter limitations would impair the Agency's ability to be flexible and respond to market conditions as and when appropriate and would impair the Agency's ability to maintain development standards and controls over a period of time sufficient to assure area stabilization. In addition, shorter time limitations would limit the revenue sources and financing capacity necessary to carry out proposed projects in the existing Project Area and the Added Area. q. The fiscal merger of the Project Area and the City's three other project areas for the purpose of pooling tax increment revenue is authorized by, consistent with, and will serve the legislative policies of, Health and Safety Code Section 33485 et seq., in that such fiscal merger will result in substantial benefit to the public and will contribute to the revitalization of blighted areas through the increased economic vitality of such areas and through increased and improved housing and economic opportunities in or near such areas. Section 3. The City Council is satisfied that if any occupants of the existing Project Area or the Added Area are displaced, permanent housing facilities will be available within three years from the time of such displacement, and that pending the development of such facilities, there will be available to any such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. Section 4. The City 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. Following consideration by the City Council, all written and oral objections to the Amendment are hereby overruled. The reasons for overruling all written objections are more fully set forth in the Findings. Section 5. The Redevelopment Plan as originally adopted and previously amended is hereby further amended as set forth in the proposed Amendment attached hereto as Exhibit A and as so amended is hereby designated as the official redevelopment plan for the existing Project Area and the Added Area. Section 6. 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: (a) pledges its cooperation in helping to carry out the Redevelopment Plan as amended; (b) requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Area, including the Added Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the existing Project Area and the Added Area in accordance with the Redevelopment Plan as amended; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan as amended; (d) declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Redevelopment Plan as amended; and ( e) may elect to provide, but is not committed to provide, financial assistance in support of implementation of the Redevelopment Plan as amended. Section 7. In accordance with Health and Safety Code Section 33372, the City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan as amended by the Amendment. Section 8. In accordance with Health and Safety Code Section 33373, the City Clerk is hereby directed to record with the San Mateo County Recorder a description of the land within the Added Area and a statement that proceedings for the redevelopment of the Added Area have been instituted under the Community Redevelopment Law. The Agency is hereby directed to effectuate recordation in accordance with Government Code Section 27295, if applicable. Section 9. In accordance with Health and Safety Code Section 33374, the Building Department of the City is hereby directed for a period of two years after adoption of this Ordinance to advise all applicants for building permits within the Added Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. Section 10. In accordance with Health and Safety Code Sections 33457 and 33375, the City Clerk is hereby directed to transmit within thirty days of adoption of this Ordinance, a copy of the description and statement recorded pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Added Area to the auditor and tax assessor of San Mateo County, to the officer or officers performing the functions of auditor or assessor for any taxing agencies which in levying or collecting taxes do not use the County assessment roll or do not collect taxes through the County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Added Area, and to the State Board of Equalization. Section II. If any part of this Ordinance or the Amendment is held to be invalid for any reason, such decision shall not affect the validity of the remaining parts of this Ordinance or of the Amendment, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Amendment without such invalid part. Section 12. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (i) publish the Summary, and (ii) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (a) publish the summary, and (b) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance. This Ordinance shall become effective thirty (30) days from and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the II th day of May 2005. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 25th day of May 2005, by the following vote: AYES: Councilmembers, Richard A. Garbarino, Pedro Gonzalez, and Karyl Matsumoto, and Mayor Pro Tem Joseph A. Fernekes and Mayor Raymond L. Green NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 25th day of May 2005. ~~2;o~ AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT TO ADD TERRITORY, EXTEND EMINENT DOMAIN AUTHORITY AND FISCALLY MERGE PROJECT AREAS SECTION I. AMENDMENT OF REDEVELOPMENT PLAN. The Redevelopment Plan for the South San Francisco Downtown/Central Redevelopment Project, adopted by Ordinance 1056-89 on July 12, 1989 and subsequently amended (as so amended, the "Downtown Plan" or the "Plan") is hereby amended as set forth in this amendment (this "Amendment"), effective as of the effective date of the ordinance adopting this Amendment. SECTION 2. FISCAL MERGER Part V.F [Section 506] is hereby added to the Downtown Plan to read as follows: F. [Section 506] Fiscal Merger I. Findings. The fiscal merger of the Downtown/Central Redevelopment Project Area ("Downtown/Central Project Area") and the City's three other project areas for the purpose of pooling tax increment revenue is authorized by, consistent with, and will serve the legislative policies of, Health and Safety Code Section 33485 et seq., in that such fiscal merger will result in substantial benefit to the public and will contribute to the revitalization of blighted areas through the increased economic vitality of such areas and through increased and improved housing and economic opportunities in or near such areas. 2. Fiscal Merger of Proiect Areas. Pursuant to, and for the purpose of pooling tax increment revenue as described in Health and Safety Code Section 33485 et seq., the Downtown/Central Project Area (as amended) is hereby fiscally merged with the following project areas: a. The project area (the "EI Camino Project Area") established and described in the Redevelopment Plan for the EI Camino Corridor Area Project adopted by the City Council by Ordinance No. 1132-93 (as subsequently amended and restated by Ordinance No. 1270-2000, the "EI Camino Plan"). b. The project area (the "Shearwater Project Area") established and described in the Redevelopment Plan for the South San Francisco U.S. Steel Plant Site, adopted by the City Council by Ordinance No. 996-86 (as subsequently amended, the "Shearwater Plan"). c. The project area (the "Gateway Project Area") established and described in the Redevelopment Plan for the South San Francisco Gateway Redevelopment Project, adopted by the City Council by Ordinance No. 867-81 (as subsequently amended, the "Gateway Plan"). The EI Camino Project Area, the Downtown/Central Project Area, the Shearwater Project Area and the Gateway Project Area are each referred to herein as a "constituent project area." Except as otherwise stated herein, each reference in this Amendment to a constituent project area shall mean such project area as originally established and as such project area may have been amended to add territory. This section authorizes the taxes attributable to each constituent project area which are allocated to the Agency pursuant to Health and Safety Code Section 33670(b) to be allocated for redevelopment in any of the constituent project areas for the purpose of paying the principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the redevelopment project in any of the constituent project areas; except that any such taxes attributable to a particular constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from that particular constituent project area which resolution or other agreement was adopted or approved by the Agency prior to the fiscal merger of the constituent project areas. Except as otherwise noted in this Section, tax increment revenue attributable to each constituent project area may be used for any lawful purpose in any of the constituent project areas. 3. Bonded Indebtedness Limit. Notwithstanding anything to the contrary set forth in Section 503 of the Plan, in accordance with Health and Safety Code Section 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 all of the constituent project areas (with the exception of the Added Area defined in Section 200 below) which in the aggregate can be outstanding at anyone time shall not exceed $232,650,000 in principal amount, except by amendment of this Plan and the redevelopment plans for the other constituent project areas. With respect to the Added Area, the foregoing limitation on outstanding bonded indebtedness shall be $15,000,000. 4. Allocation of Tax Increment. Notwithstanding anything to the contrary set forth in Section 502 of the Plan, the taxes attributable to the constituent project areas that may be and are so allocated to the Agency pursuant to Health and Safety Code Section 33670(b) after the effective date of this Amendment shall not exceed a cumulative total equal to the sum of the individual limits on the allocation of taxes to the Agency as set forth in the redevelopment plans for each constituent project area, except by amendment of this Plan and the redevelopment plans for the other constituent project areas. The foregoing limitation on the allocation of taxes to the Agency shall not apply to the Added Area because the Added Area is not subject to a limitation on the allocation of taxes to the Agency. SECTION 3. ACQUISITION OF REAL PROPERTY 3.1. The third paragraph of Part III. C [Section 308] of the Plan is hereby replaced in its entirety with the following: The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire by such means within twelve years of the effective date of this Amendment. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan. Notwithstanding anything to the contrary in this Section 308, the Agency will not exercise the power of eminent domain to acquire property on which persons reside. SECTION 4. ADDED AREA Part II [Section 200] is amended to add the following: The Project Area is amended to add the real property (the "Added Area") described on the map and legal description shown and described in Exhibit I attached hereto and incorporated herein by reference. SECTION 5. DURATION OF THIS PLAN P ART VIII is amended to add the following: The following 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): I. The time limit with respect to the Added Area on the establishment of loans, advances, and indebtedness shall be the date which is 20 years from the date of adoption of the ordinance amending the Plan to add the Added Area, unless the Plan is further amended as permitted by law. Loans, advances, or indebtedness may be repaid over a period of time beyond this time limit, subject to the provisions of paragraph 3 below. This limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or from establishing debt 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 paragraph 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 from the date of adoption of the ordinance amending the Plan to add the Added Area. After expiration of this time limit on the effectiveness of the Plan with respect to the Added Area, the Agency shall have no authority to act pursuant to the Plan with respect 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 the ordinance amending the Plan to add the Added Area. SECTION 6. EFFECT OF AMENDMENT All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. SECTION 7. SEVERABILITY If any provision of this Amendment or the application thereof to any person or circumstance is held invalid, the remainder of this Amendment, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Amendment are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. * * * * * * Exhibit I MAP AND LEGAL DESCRIPTION OF ADDED AREA (Attach map and legal description of property to be added to Project Area.) OYSTER POINT MARINA PROJECT AREA REAL PROPERTY IN THE CITY Or SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA; A PORTION OF THE LANDS SHOWN ON THE MAP RECORDED IN VOLUME 55 OF PARCEL MAPS AT PAGE 61 IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING ON THE GENERAL NORTHERLY LINE OF SAID PARCEL MAP ON THE NORTHERLY LINE OF LOT 7 IN SECTION 23 IN TOWNSHIP 3 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN AT THE MONUMENT THE CENTER OF OYSTER POINT BOULEVARD AS SHOWN ON THE MAP RECORDED IN VOLUME 52 OF PARCEL MAPS AT PAGE 58 IN THE RECORDS OF SAID COUNTY AT ZONE III COORDINATES ON THE CAUFORNIA STATE PLANE COORDINATE SYSTEM OF 1983 OF NORTH 2069905.62, EAST 6016269.49; 1) THENCE S 89028' 33" E ALONG THE NORTHERLY LINES OF lOTS 3 THROUGH 7 FOR 2945.93 FEET; 2) THENCE SOD 31' 27"W ALONG THE EASTERLY LINE OF LOT 3 FOR 1313.22 FEET; 3) THENCE N 891> 32' 13" W ALONG THE SOUTHERLY LINES OF LOTS ~ THROUGH 7 FOR 3215.06 FEET; / 4) THENCE N 221> 42' 47" E FOR 52.491=EET; 5) THENCE N 560 42' 47" E FOR 13.78 FEET; 6) THENCE ALONG A CURVE TO THE LEFT AND CONCAVE TO THE WEST, HAVING A RADIUS OF 610.22 FEET AND A CENTRAL ANGLE OF 10 24' 30" FOR AN ARC LENGTH OF 15.00 FEET, SAID CURVE HAVING A CHORD BEARING OF N 40 35' 35" E FOR 15.00 FEET; 7) THENCE RADIAL TO SAID CURVE N 860 6' 40" W FOR 55.00 FEET; 8) THENCE ALONG A CURVE TO THE LEFT, CONCAVE TO THE WEST AND RADIAL TO THE PREVIOUS CURVE, HAVING A RADIUS OF 555.22 FEET AND A CENTRAL ANGLE OF 17027' 45" FOR AN ARC LENGTH OF 169.22 FEET, SAID CURVE HAVING A CHORD BEARING OF N 40 5Q' 32" W FOR 168.56 FEET; 9) THENCE RADIAl TO SAID CURVE 760 25' 35" W FOR 25.00 FEET; 10) THENCE ALONG A CURVE TO THE LEFT, CONCAVE TO THE WEST AND RADIAL TO THE PREVIOUS CURVE, HAVING A RADIUS. OF 530.22 FEET AND A CENTRAL . ANGLE OF 41 I> 38' 32" FOR AN ARC LENGTH OF 385.36 FEET, SAID CURVE HAVING A CHORD BEARING OF N 340 23' 41" W FOR 376.93 FEET; 11) THENCE FROM A TANGENT BEAf{ING N 49049'23" E ALONG A CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 195.18 FE~ AND A CENTRAL ANGLE OF 6011' 23" FOR AN ARC lENGTH OF 21.09 FEET, SAID CURVE HAVING A CHORD BEARING OF N 520 55' 5" E FOR 21.08 FEET; 12) THENCE N 560 0' 46" E FOR 56.44 FEET; 13) THENCE N 00 31' 27" E FOR 35.68 FEET; 14) THENCE N 880 58' 41" E FOR 7.96 FEET; 15) THENCE N 560 29' 53" E FOR 197.34. FEET; 16) THENCE N 41029' 57" E FOR 168.64 FEET; 17) THENCE N 35021' 27" E FOR 93.01 FEET; 18) THENCE N 460 35' 27" E FOR 208.33 FEET;, 19) THENCE FROM A TANGENT BEARING S 750 11'47- W ALONG A CURVE TO THE LEFT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 204.99 FEET AND A CENTRAl ANGLE OF 260 38' 25" FOR AN ARC LENGTH OF 95.31 FEET, SAID CURVE HAVING A CHORD BEARING OF S 610 52' 34'~ W FOR 94.46 FEET; 20) THENCE N 00 31' 27" E FOR 277.31 FEET TO SAID NORTHERLY LINE OF LOT 7; , ; 21) THENCE ALONG SAiD UNE S 890 28' 33" E FOR 81.92 FEET TO THE POINT OF BEGINNING, THE BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE IN AMERICAN SURVEY FEET ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM 1983, ZONE III. TO CONVERT TO GROUND DISTANCES MULTIPLY BY 1.00007. THE AREA OF THIS PARCEL IS 97.07 ACRES MORE OR LESS. DESCRIPTION PREPARED BY: KENNETH P. MOORE, LS. 4918 UCENSE EXPiRES 12/30104 July 14, 2004 /"" ~ -0'(1);1 -<::c .. ....~.~' m3. .J:J-i . .>; ~;""'m '01 ~ ~. 'Z )> ~. 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