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HomeMy WebLinkAboutOrd 1270-2000ORDINANCE NO. 1270-2000 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING AND ADOPTING A SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT AREA RECITALS WHEREAS, the City Council of the City of South San Francisco (the City Council) has received from the Redevelopment Agency of the City of South San Francisco (the Agency) the proposed second amendment to the redevelopment plan (the Second Amendment to the Plan) for the E1 Camino Corridor Redevelopment Project Area, a copy of which is on file with the South San Francisco City Clerk at 400 Grand Avenue, South San Francisco, California, together with the Agency's report in accordance with the requirements of Health and Safety Code Section 33352 (the Report to Council), including: the reasons for the Second Amendment to the Plan and the selection of the Second Amendment Redevelopment Project Area (Second Amendment Area), a description of the physical and economic conditions in the Amended Project Area (including the Original Project Area and the Second Amendment Area), a description of specific projects within the Second Amendment Area and how they will improve or alleviate blight, the proposed method of financing redevelopment of the Second Amendment Area including an assessment of the economic feasibility of the Second Amendment to the Plan and the reasons for including tax increment financing, the method or plan for relocation for the Second Amendment Area, an analysis of the preliminary plan, the report and recommendations of the City Planning Commission, the report regarding conformance with the General Plan required by Government Code Section 65402, the El Camino Corridor Second Amendment Project Area Committee summary and summary of consultations with the community referred to in Health and Safety Code Section 33387, the environmental impact report required by Public Resources Code Section 21151, the county fiscal officer report required by Health and Safety Code Section 33328, a neighborhood impact report, an analysis by the Agency of the report required by the Health and Safety Code Section 33328, and an implementation plan amendment; and WHEREAS, in accordance with Health and Safety Code Section 33346 the Second Amendment to the Plan was submitted to the City Planning Commission (the Commission) for review and recommendation; and WHEREAS, the E1 Camino Corridor Second Amendment Project Area Committee (the PAC) was formed pursuant to Health and Safety Code Section 33385, the PAC reviewed the Second Amendment to the Plan pursuant to Health and Safety Code Section 33347.5, the PAC adopted the report and recommendations on the Second Amendment to the Plan by Resolution No. PAC-2 on April 4, 2000, and the City Council has considered the recommendations of the PAC and incorporated such recommendations into the Redevelopment Plan with some modifications; and WHEREAS, in accordance with Health and Safety Code Section 33355, the City Council and the Agency held a joint public heating (the Hearing) on June 14, 2000, concerning adoption of the Second Amendment to the Plan and certification of the Final Environmental Impact Report on the Second Amendment to the Plan; and WHEREAS, notice of the Hearing was published in a newspaper of general circulation in San Mateo County in accordance with Health and Safety Code Sections 33349(a) and 33361, and a copy of such notice and affidavit of publication are on file with the City Clerk and Secretary of the Agency; and WHEREAS, in accordance with Health and Safety Code Section 33349(b) notice of the Heating was sent by first class mail to the last known assessee of each parcel of land in the Second Amendment Area and to the last known address of each addressee, as shown on the last equalized assessment roll of San Mateo County on May 12, 2000; and WHEREAS, in accordance with Health and Safety Code Section 33349(c) notice of the Heating was sent by first class mail to all residents and businesses within the Second Amendment Area on May 12, 2000; and WHEREAS, in accordance with Health and Safety Code Section 33349(d), copies of notice of the Hearing were also sent by certified mail, return receipt requested, to the governing body of each of the taxing agencies that levies taxes upon any property in the Second Amendment Area on May 12, 2000; and WHEREAS, in accordance with Health and Safety Code Section 33350, each assessee whose property would be subject to acquisition by purchase or condemnation under the Second Amendment to the Plan was sent a statement to that effect included in the notice of the Hearing; and WHEREAS, in accordance with Health and Safety Code Sections 33363, the City Council has evaluated the Agency report, the report and recommendation of the Project Area Committee, and all evidence and testimony for and against the adoption of the Second Amendment to the Plan, and the City Council has received notice of written objections and responded in writing to the written objections received before or at the Hearing, describing the disposition of the issues raised, addressing written objections in detail, giving reasons for not accepting specified objections and suggestions, and including a good-faith, reasoned analysis in its response; and WHEREAS, in accordance with Health and Safety Code Section 33411 the Agency has previously prepared a set of guidelines providing a feasible method for relocation of any families and persons to be temporarily or permanently displaced from housing facilities in the Second Amendment Area, and relocation of any nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Second Amendment Area; and 2 WHEREAS, the City Council has reviewed and considered the Second Amendment to the Plan and its economic feasibility, the feasibility of the Agency's relocation method and the Environmental Impact Report for the Second Amendment to the Plan submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352; and WHEREAS, in accordance with Health and Safety Code Section 33364, the date of adoption of this Ordinance is not less than one week after commencement of the Hearing pursuant to Health and Safety Code Section 33363. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: Section 1: That the purpose and intent of the City Council regarding the Second Amendment Area is to accomplish to the greatest feasible extent the following: Elimination of conditions of blight, as defined in Health and Safety Code Sections 33030 and 33031, from the Second Amendment Area, including non-conforming uses and deterioration. b. Prevention of recurrence of conditions of blight in the Second Amendment Area. Carrying out of conservation, rehabilitation and redevelopment within the Second Amendment Area in accordance with the Second Amendment to the Plan, future specific plans, the General Plan and local codes and ordinances. Participation of owners in redevelopment of property in the Second Amendment Area in conformance with the Redevelopment Plan and Health and Safety Code Section 33380. Control of unplanned growth by guiding revitalization, rehabilitation and new development in such a fashion as to meet the needs of the Second Amendment to the Plan, the City of South San Francisco and its citizens. Reduction of the City of South San Francisco's annual costs for the provision of local services to and within the Second Amendment Area. Increased sales, business licenses and other fees, taxes and revenues for the City of South San Francisco. ho Creation and development of local job opportunities and the preservation of the area's existing employment base, including provision of reentry preferences for persons engaged in business within the Second Amendment Area. Il [] I, jo ko no no Promotion of new and continuing private sector investment within the Second Amendment Area to prevent the loss of and to facilitate the increase of commercial sales activity. Provision for relocation of families and persons displaced, if any, through adoption of a relocation plan in accordance with Health and Safety Code Section 33367(d)(8)(B). Development of a spectrum of housing types affordable to various segments of the community in a manner consistent with the Housing Element of the General Plan and the provisions of the Redevelopment Law. Carrying out or providing for the carrying out of redevelopment in the Second Amendment Area in the interest of the general welfare pursuant to Health and Safety Code Sections 33020 and 33021, including planning, development, replanning, redesign, clearance, reconstruction, and provision of those residential, commercial, industrial, public or other structures or spaces as may be appropriate, including recreational and other facilities incidental or appurtenant to them, alteration, improvement, modernization, reconstruction or rehabilitation of existing structures, provision for open-space types of use such as streets and other public grounds and space around buildings, public or private buildings, structures and improvements, and improvement of public or private recreation areas and other public grounds. Protection and promotion of the sound development and redevelopment of the Second Amendment Area and the general welfare of the inhabitants of the City by remedying conditions of blight through the employment of all appropriate means pursuant to Health and Safety Code Section 33035(a). Expansion of the housing supply, employment opportunities, and provision of an environment for the social, economic and psychological growth and well-being of all citizens in accordance with Health and Safety Code Section 33071. Elimination or amelioration of existing substandard conditions, including substandard vehicular circulation and parking systems; inadequate infrastructure; insufficient off-street parking; and other similar public deficiencies adversely affecting the Second Amendment Area. Presentation and creation of civic, cultural and educational facilities and amenities as catalysts for area revitalization. Upgrading and expansion of recreational areas and open space. Assist in the revitalization of the Willow Gardens neighborhood. So Carrying out or providing for the carrying out of such other acts as may be permitted by law. Section 2: That the City Council hereby finds and determines that: ao The Second Amendment Area is blighted in accordance with Section 33031 of the Health and Safety Code, and redevelopment of the Second Amendment Area is necessary to effectuate the public purposes of the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based on the following conditions which characterize the Second Amendment Area. The existence of inadequate public improvements, parking facilities or utilities pursuant to Health and Safety Code Section 33030(b)(2)(C). The Agency's Preliminary Report submitted in accordance with Health and Safety Code Section 33344.5 and the Report to Council submitted in accordance with Health and Safety Code Section 33352 details such conditions in Added Areas A and B (the Second Amendment Area). o Buildings in which it is unsafe or unhealthy for persons to live or work, caused by serious dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors pursuant to Health and Safety Code Section 3303 l(a)(1). The Report to Council details such conditions in Added Areas A and B (the Second Amendment Area). o Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots pursuant to Health and Safety Code Section 3303 l(a)(2). The Report to Council details such conditions in Added Areas A and B (the Second Amendment Area). o The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership pursuant to Health and Safety Code Section 3303 l(a)(4). The Report to Council details such conditions in Added Areas A and B (the Second Amendment Area). o Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459) of the Health and Safety Code pursuant to Health and Safety Code Section 3303 l(b)(1). The Report to Council details such conditions in Added Area A. o Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an bo eo area developed for urban use and served by utilities pursuant to Health and Safety Code Section 33031 (b)(2). The Report to Council details such conditions in Added Area A. In accordance with Health and Safety Code Section 33030(b)(1), the combination of such blighted conditions in the Second Amendment Area is so prevalent and so substantial that it causes a reduction of, or lack of, property utilization of the Second Amendment Area to such an extent that it constitutes a serious physical and economic burden on the City 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 fact 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. This finding is further supported by the fact that such costs and such blighting conditions, which discourage development, have prevented such development from proceeding within the Second Amendment Area without such redevelopment. The Second Amendment to the Plan would redevelop the Second Amendment 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 Second Amendment Area, including planning, development, replanning, redesign, clearance, reconstruction and other efforts defined in Health and Safety Code Sections 33020 and 33021 will implement the objectives of the Community Redevelopment Law by aiding in the elimination of conditions of blight and providing for higher economic and more beneficial use of under-utilized land. The adoption and carrying out of the Second Amendment to the Plan is economically sound and feasible. This finding is based in part on the fact that under the Second Amendment to the Plan 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 demonstrates the economic soundness and feasibility of the Second Amendment to the Plan and related undertakings. The Second Amendment to the Plan is consistent with the General Plan of the City including, but not limited to the housing element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is the result of independent review and consideration by the City Council, including, but not limited to, such factors as the similarity of the land use pattern in the General Plan and the Second Amendment to the Plan, and provisions in the Second Amendment to the Plan requiring that it remain consistent with the General Plan as from time to time amended. The carrying out of the Second Amendment to the Plan will promote the public peace, health, safety and welfare of the City and would effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Second Amendment Area and the community by coordinating public and private actions to stimulate development, contribute toward needed public improvements and provide an environment for the social, economic, and psychological growth and well being of all citizens pursuant to Health and Safety Code Section 33071. go The condemnation of real property provided for in the Second Amendment to the Plan is necessary to the execution of the Second Amendment to the Plan and adequate provisions have been made for payment for property to be acquired as provided by law. ho The Agency has a feasible method or plan for the relocation of families and persons displaced from the Second Amendment Area, if the Second Amendment to the Plan may result in the temporary or permanent displacement of any occupant of housing facilities in the Second Amendment 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 Second Amendment to the Plan. The City Council finds and determines that the provision of relocation assistance according to the Agency's Relocation Guidelines and applicable law constitutes a feasible relocation method. There are, or are being provided within the Second Amendment Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Second Amendment Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the 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 until suitable replacement housing is available according to law. jo 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. ko mo no All non-contiguous areas of the Second Amendment 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 Second Amendment Area, including contiguous and non-contiguous areas, were chosen to include lands that are underutilized because of blighting influences or that are affected by the existence of blighting influences, and land uses that significantly contribute to blight conditions, as reflected in the Report to Council and the Second Amendment to the Plan, and whose inclusion is necessary to accomplish the objectives and benefits of the Second Amendment to the Plan. 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. Any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. This finding is based in part upon the fact that the boundaries of the Second Amendment Area, including contiguous and non-contiguous areas, were chosen to include lands that are underutilized because of blighting influences or that are affected by the existence of blighting influences, and land uses that significantly contribute to blight conditions, as reflected in the Report to Council and the Second Amendment to the Plan, and whose inclusion is necessary to accomplish the objectives and benefits of the Second Amendment to the Plan. The elimination of blight and the redevelopment of the Second Amendment 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 conditions, including the lack of adequate public improvements and facilities, structural deficiencies, dilapidation and deterioration, factors that hinder economically viable use, lots of irregular, form, shape and inadequate size, depreciated or stagnant property values or impaired investments, and excessive vacant lots as enumerated in the record including the Second Amendment to the Plan and 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 Second Amendment Area infeasible without the aid and assistance of the Agency under the Second Amendment to the Plan and the Community Redevelopment Act. The Second Amendment Area is predominantly urbanized, as defined in Subdivision (b) of Section 33320.1 of the Health and Safety Code. This finding is · I r II based on the fact that according to the Report to Council 100 percent of the Second Amendment Area has been or is developed for urban uses, or is characterized by the existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership, or is an integral part of one or more areas developed for urban uses which are surrounded or substantially surrounded by parcels which have been or are developed for urban uses. Oo The time limitation on Second Amendment to the Plan activities contained in the Second Amendment to the Plan is reasonably related to the proposed projects to be implemented in the Second Amendment Area and to the ability of the Agency to eliminate blight within the Second Amendment Area. This finding is supported by the fact that in accordance with Health and Safety Code Section 3333.2(a)(2), the Second Amendment to the Plan shall be effective for thirty years, the maximum period permitted, to allow to the greatest possible extent the complete and successful implementation of the Second Amendment to the Plan within the Second Amendment Area. po The Second Amendment to the Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Second Amendment to the Plan. The Second Amendment to the Plan provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Second Amendment to the Plan, which the City Council deems necessary to effectuate the purposes of the Community Redevelopment Law. Section 3: That if any residents of the Second Amendment Area are displaced, the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Second Amendment Area are displaced. Pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. Section 4: That the City Council has satisfied or caused to be satisfied the requirements of Health and Safety Code Section 33363. Section 5: That the Second Amendment to the Plan, including all maps and documents incorporated therein by reference, having been duly reviewed and considered, is hereby incorporated in this Ordinance as Attachment 1 and made a part hereof, and, as so incorporated, is hereby designated, approved and adopted as the official "Second Amendment to the Redevelopment Plan for the E1 Camino Corridor Redevelopment Project." Section 6: That in accordance with Health and Safety Code Section 33369 and the Second Amendment to the Plan, the City of South San Francisco, acting by and through the City 9 ~., Council, may elect to provide, but is not committed to provide, financial assistance in support of implementation of the Second Amendment to the Plan. Section 7: That in order to implement and facilitate the effectuation of the Second Amendment to the Plan as hereby approved, the City Council hereby (a) pledges its cooperation in helping to carry out the Second Amendment to the Plan, (b) requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Second Amendment Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Second Amendment Area in accordance with the Second Amendment to the Plan, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Second Amendment to the Plan, and (d) in accordance with Health and Safety Code Section 33370, declares its intention to undertake and complete any proceedings necessary to be carded out by the City under the provisions of the Second Amendment to the Plan. Section 8: 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 Second Amendment to the Plan subject to its terms. Section 9: 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 Second Amendment Area and a statement that proceedings for the redevelopment of the Second Amendment 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 I0: 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 Second Amendment Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within an Amended Redevelopment Project Area. Section 11: In accordance with Health and Safety Code Section 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 Second Amendment 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 their taxes, do not use the County assessment roll or do not collect their taxes through the County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Second Amendment Area, and to the State Board of Equalization. Section 12: If any part of this Ordinance or the Second Amendment to the Plan which it approves 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 Second Amendment to the Plan, and the City Council 10 hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Second Amendment to the Plan without such invalid part. Section 13: This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and 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 14th day of June, 2000. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 28th day of June, 2000, by the following vote: AYES: Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, Mayor Pro Tem Joseph A. Fernekes and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: lerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day°f June, 2000- ¢~ ~t ].._~ ~ --'~yor F:\WPDWInrsw\405\001~Redevelopment~El CaminoXamend ordinance.wpd 11 I I [[ ' SECOND AMENDMENT to the REDEVELOPMENT PLAN for the EL CAMINO CORRIDOR REDEVELOPMENT PROJECT Adopted: Ordinance No. THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA PREFACE The Redevelopment Plan for the El Camino Corridor Redevelopment Project was adopted by Ordinance No. 1132-93 of the City Council of the City of South San Francisco on July 14, 1993. On October 26, 1994, the Redevelopment Plan was amended ("First Amendment") to establish or revise the plan's financial time limits to bring them into conformity with new Community Redevelopment Law maximums established in AB 1290 (Chap. 942, 1993 Statutes). This proposed Second Amendment adds territory to the existing Project Area. The added territory is referred to herein as the "Second Amendment Area" and is shown and described in the amended Redevelopment Plan Map (Exhibit II to the Plan) and the amended Legal Description of the Project Area (Exhibit IV to the Plan). The time limit on Redevelopment Plan effectiveness and other time limits prescribed by the Community Redevelopment Law, which include a debt establishment time limit, a time limit on the receipt of tax increment and an eminent domain time limit, for the Second Amendment Area will be separate from the time limits for the existing Project Area. The Second Amendment does not extend any of the time limits applicable to the existing Project Area. The Second Amendment establishes a single limit bonded indebtedness applicable to both the existing Project Area and the Second Amendment Area. 8432sol 09~ ~ SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT AMENDMENT A That the existing project area be amended to add the area shown on Attachment A, Redevelopment Plan Map - Second Amendment Area, and described in Attachment B, Project Legal Description - Second Amendment Area. AMENDMENT B That the Redevelopment Plan for the El Camino Corridor Redevelopment Project be amended and restated in its entirety so as to read as shown in the "Amended and Restated Redevelopment Plan for the El Camino Corridor Redevelopment Project," attached hereto as Attachment C. Attachment A El CAMINO CORRIDOR REDEVELOPMENT PROJECT Redevelopment Plan Map - Second Amendment Area 8432~of El Camino Additi LEGEND High Density Residential Community Commercial Medium Density Residential and Community Commercial Public Park and Recreation Proposed Added Area Boundary 07/27/99 REDEVELOPMENT PLAN MAP (LAND USE AND CIRCULATION MAP) - SECOND AMENDMENT AREA EL CAMINC CORRIDOR REDEVELOPMENT PROJEC'T This map was prepared Ior illustrat~ve purposes o~ly and is not necessarily.to scale, nor should it be use to ascertain precise project ama boundary lin~;. Source: South San Fmnoisco Redevelopment Agency, 1999. Attachment B EL CAMINO CORRIDOR REDEVELOPMENT PROJECT Project Legal Description - Second Amendment Area This description consists of two parts, as follows: 1. Proposed Willow Gardens Addition (approximately 9.25 acres) Proposed El Camino Real Addition (approximately 70.3 acres) 8432so! 24-99016 4/9/99 Rev. 6/23/99 RBP/PRS LEGAL DESCRIPTION Proposed Willow Gardens Addition All that certain real property situate in the City of South San Francisco, County of San Mateo, State of Ca!/fomia described'as follows: BEGINNING at the intersection of the centerline 0fNora Way and the general southeasterly line of Willow Avenue as shown on that certain tract map entitled "Willow Gardens" which map was filed for record in Book 61 of Maps, at Pages 24 and 25, San Mateo County Records, said general southeasterly line being also the general northwesterly boundary line of said Map of "Willow Gardens", thence (1) leaving said POINT OF BEGIlqNING along the general northwesterly line of said map of "Willow Gardens" North 16° 17' 12"East 719.05 feet to an angle point in said general northwesterly line, thence: (2) South 73° 29' 44"East 108.88 feet to an angle point in said general northwesterly line, thence (3) continuing along said general northwesterly line North 16° 30'16" East 219.38 feet to the most northerly comer of said "Willow Gardens", thence (4) along the general northeasterly line of said Willow Gardens South 73° 29' 44"F. ast 293.78 feet to the most easterly comer of said" Willow Gardens", thence (5) along the general southeasterly line of said" Willow Gardens' South 16° 30' 16"F. ast 1063.43 feet to the most southerly comer of said Willow Gardens, thence (6) along the general southwesterly line of" Willow Crardens" and the general southwesterly boundary line of that certain Parcel Map filed for record in Book 41 of Maps at Pages 32 and 33, San Mateo County Records, North 73° 29' 44"West 399.45 feet to the most westerly comer of said Parcel Map, thence (7) along the general northwesterly boundary of said Parcel Map and said "Willow Gardens" North 16017, 12"East 125.00 feet to the POINT OF BEGI]qNING. Containing 9.25 acres of land more or less. Date No. 28231 , Exp. 3/31/2002 24-99016 6/10/99- Rev. 6/23/99 RBP/PRS .LEGAL DESCRIPTION Proposed E1 Cam/no Real Addition All that certain real property Situate in the City of South San Francisco, County of San Mateo, State of California described as follows: BEGINNING at the intersection ofthe centerline of 1st Street and the general Northeasterly line oftbe California State Highway, known as E1 Camino Real, as shown on that certain map entitled "Map of Section West of Railroad in.the Town of Baden", which map was filed for record in Book "E' of Maps at Page 62, San Mateo County Records, (1) leaving said POINT OF BEGINNING along said general northeasterly line of El Camino Real, being also the general Southwesterly line of said map, North 24° 47' 46"West 180.00 feet; thence (2) leaving said general Southwesterly line and continuing along said Northeasterly line of E1 C. amino Real, South 65° 12' 14"West 18.43 feet, and (3) fxom a tangent bearing of North 29o 51' 11" West, along a curve, concave to the left, with a radius of 3033.00 feet, through a central angle of 14° 16' 42" for an arc length of 755.84 feet to the intersection thereof with the general Southeasterly boundary line of the Existing E1 Camino Redevelopment Project Area, thence (4) leaving said Northeasterly line ofE1 Camino Real along said general Southeasterly boundary line the following courses and distances, North 56° 50'20" East 452.55 feet; (5) along a tangent curve, concave to the left, with a radius of 841.00 feet through a central angle of 13° 00'45" for an arc length of 191.00 feet; (6) North 47° 01' 37" East 97.97 feet; (7) Nort& 44° 43' 36" East 226.00 feet; (8) North 45° 18'24" West 20.00 feet; and (9) North 44° 43'36" East 162.57 feet to the most Easterly comer of said Boundary; said comer lying on the Northwesterly line on parc4:l designated as Parcel 2 of that certain Parcel Map filed for record in Book 5 of L.L.S. Maps at Page 103, San Mateo County records, thence (10) (11) along said Northwesterly line of Parcel 2, North 44° 43' 36" East 150.34 feet; and North 16° 41' 36" East 22.74 feet to the most Northerly comer of said Parcel 2; thence (12) along the general Northerly line of said Parcel 2, and the general Northerly line of that certain map entitled "City Park Addition No. 2" which map was ~ed for record in Volume 59 of Maps at Page 39, San Mateo County Records and its Easterly. prolongation South 73° 18' 24" East 550.00 feet to the most easterly comer of that certain parcel of land described in the Deed to the City of South San Francisco recorded in Book 3011 of Official Records at Page 222, San Mateo County Records, thence (13) along the general easterly line of said City of South San Francisco parcel, the general Easterly line of said City Park Addition No. 2, the general Easterly line of said Parcel 2 and the general Northerly line of that certain parcel of land designated as Parcel 1 on that certain Parcel Map 93-300 which map was filed for record in Book 69 of Parcel Maps at Page 57-59, San Mateo County Records South 16° 41' 36" West 454.60 feet to an angle point in said Northerly line of Parcel 1, thence (14) continuing along said general Northerly line of Parcel 1 and the general Northerly and Northeasterly line of Parcel 2 of last descn'bed Parcel Map along the following courses and distances, fa'om a tangent bearing of North 82° 43'21" East along a curve concave to the fight with a radius of 1121.00 feet, through a central angle of 12° 38' 53" for an arc length of 247.46 feet; (15) (16) South 16o 41' 36" West 40.82 feet; from a tangem bearing of South 6o 16' 15" West along a curve, concave to the left, with a radius of 50.00 feet through a central angle of 61° 48' 51" for un arc length'of 53.94 feet; and (17) (is) South 16° 39' 35" West 50.80 feet; thence leaving said general Easterly line of Parcel 2 South 23°, 12' 39" West 299.10 feet to an angle point in'the general Westerly line of said Parcel 1; thence (19) along said general Westerly line and its Southerly prolongation South 16° 41' 36" West 745.07 feet to the intersection thereof with the general Southerly line of that certain parcel of land described as Parcel 6 in the Deed to the City and County of San Francisoo recorded in Volume 1161 of Official Records, San Marco County Records; thence (20) along said general Southerly line North 54° 48' 18"West 842.88 feet to the intersection thereof with the general Southerly line of "A" Street as shown on said "Map of Section West of Railroad in the Town of Baden" said Southerly line being also the general Northeasterly line of that certain parcel of land designated as Parcel 1 on that certain Parcel Map of Lands of Gigll and Lands of Petrocchi recorded in Volume 54 of Parcel Maps at Pages 15 and 16 San Marco County Records; thence (21) along said general Northeasterly and Southeasterly line of last described Parcel 1 South 24° 58' 46" East 143.54 feet; and (22) South 65° 01' 14" West 60.22 feet; thence (23) leaving said Southeasterly line South 24° 58' 46" East 100.00 feet; thence (24) South 65° 01' 14" West 39.78 feet to the most Northerly comer of Lot 4 in Block 1 as said "Map of Section West of Railroad in the Town of Baden"; thence (25) along the rear lot lines of the lots in Blocks 1,5,6 and 10 of the last described map the following courses and distances, South 24° 58' 46" East 970.00 feet; (26)North 65° 01' 14" Fast 15.00 feet; (27) South 24° 58' 46" East 25.00 feet; (28) South 65° 01' 14" West 15.00 feet; and (29) South 24° 58' 46" East 560.00 feet to the most Southerly comer of Lot 1 in Block 10 of said "Map of Section West of l~ailroad in the Town of Baden", said comer lying in the general Southeasterly line of said map; thence (30) along said general Southeasterly line North 65° 01' 14" East 420.00 feet to the most Westerly comer of that certain parcel of land descn'bed in the Deed to the Housing Authority of the City of South San Francisco recorded in Book 1008 of Official Records at Page 424, San Mateo County records; thence (31) along the boundary of said parcel South 240 58' 46': East 584.00 feet; and (32) North 65° 01' 14" East 662.86 feet to the most Northerly comer of that certain parcel of land described in the Deed to the South San Francisco Unified School District .recorded in Book 1329 of Official Records at Page 439 San Mateo County Records; thence (33) along the boundary of said parcel the following courses and distances, South 32° 35' 46" East 889.10 feet; (34) South 33° 1~' 46" East 30.90 feet; and · (35) South 65° 0.~'14" West 1213.95 feet more or less to a point on the Northeasterly line of the Calif0mia State Highway, known as El Camino Real; thence (36) along the Northeasterly line of said E1 Camino Real the following courses and distances, North 29° 19' 36" West 1019.96 feet; (37) North 26° 38' 36" West 479.01 feet4 (38) North 25° 07' 46" West 791.81 feet; and (39) North 24° 47' 46" West 683.20 feet to the POI:NT OF BEGINNING. Containing 70.32acres of land more or less. Expiration DateG/ 03/31/2002 Attachment C AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT Adopted July 14, 1993 Ordinance No. 1.132-93 Amended October 26, 1994 Ordinance No. 1150-94 Amended Ordinance No. THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA TABLE OF CONTENTS [Section 100] INTRODUCTION ............................................................................................................ 1 A [Section 101] Project History ......................................................................................................... 1 19. [Section 102] General .................................................................................................................... 1 [Section 200] [Section 300] A. B. PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION ....................................... 4 PROPOSED REDEVELOPMENT ACTIVITIES ............................................................. 5 [Section 301] General .................................................................................................................... 5 [Section 302] Owner Participation and Business Reentry Preferences ......................................... 5 1. [Section 303] Owner Participation ........................................................................................... 5 2. [Section 304] Business Reentry Preferences ......................................................................... 6 3. [Section 305] Participation Agreements .................................................................................. 6 4. [Section 306] Implementing Rules .......................................................................................... 6 [Section 307] Proper~ Acquisition ................................................................................................. 6 1. [Section 308] Acquisition of Real Property .............................................................................. 6 2. [Section 309] Acquisition of Personal Property ....................................................................... 7 [Section 310] Property Management ............................................................................................. 7 [Section 311] Relocation of Occupants Displaced by Agency Acquisition .................................... 8 1. [Section 312] Relocation Housing Requirements .................................................................... 8 2. [Section 313] Replacement Housing Plan ............................................................................... 8 3. [Section 314] Assistance in Finding Other Locations .............................................................. 8 4. [Section 315] Relocation Payments ........................................................................................ 8 [Section 316] Payments to Taxing Agencies in Lieu of Taxes ....................................................... 9 [Section 317] Demolition, Clearance, Public Improvements, Building and Site Preparation ......... 9 1. [Section 318] Demolition and Clearance ................................................................................. 9 2. [Section 319] Public Improvements ......................................................................................... 9 3. [Section 320] Preparation of Building Sites ............................................................................. 9 [Section 321] Property Disposition and Development ................................................................... 9 1. [Section 322] Real Property Disposition and Development .................................................... 9 a. [Section 323] General .......................................................................................................... 9 b. [Section 324] Disposition and Development Documents ................................................... 10 c. [Section 325] Non-Discrimination Provisions ..................................................................... 10 d. [Section 326] Development by the Agency or Other Public Bodies or Entities .................. 11 e. [Section 327] Development Plans ...................................................................................... 12 2. [Section 328] Personal Property Disposition ......................................................................... 12 [Section 329] Cooperation with Public Bodies ............................................................................. 12 [Section 330] Rehabilitation, Conservation and Moving of Structures ......................................... 12 1. [Section 331] Rehabilitation and Conservation ..................................................................... 12 2. [Section 332] Moving of Structures ....................................................................................... 13 [Section 333] Low or Moderate Income Housing ......................................................................... 13 1. [Section 334] Authority Generally .............................................................. ; ........................... 13 ;. [Section 335] Replacement Housing ..................................................................................... 13 8432sol O91599/ker IV. VI. VII. VIII. IX. X. 3. [Section 336] 4. [Section 337] 5. [Section 338] Increase, Improve and Preserve the Supply ............ ~ ...................................... 14 New or Rehabilitated Dwelling Units Developed Within Project Area ............. 15 Duration of Dwelling Unit Availability and Agency Monitoring ......................... 15 L. [Section 339] Implementation Plans ............................................................................................ 16 [Section 400] LAND USES AND DEVELOPMENT REQUIREMENTS .............................................. 17 A. [Section 401] Redevelopment Plan Map and Major Project Area Land Uses ............................. 17 B. [Section 402] Major Land Uses ................................................................................................... 17 C. [Section 403] Other Land Uses ................................................................................................... 17 1. [Section 404] Public Rights of Way ....................................................................................... 17 2. [Section 405] Other Public, Semi-Public, Institutional and Non-Profit Uses .......................... 18 [Section 406] [Section 407] [Section 408] [Section 409] 1. [Section 410] 2. [Section 411] 3. [Section 412] 4. [Section 413] 5. [Section 414] 6. [Section 415] 7. [Section 416] 8. [Section 417] 9. [Section 418] 10. [Section 419] E. F. G. Conforming Properties ........................................................................................... 18 Interim Uses .......................................................................................................... 18 Nonconforming Uses ............................................................................................. 18 General Controls and Limitations .......................................................................... 19 Construction .................................................................................................... 19 Limitation on the Number of Buildings ............................................................ 19 Number of Dwelling Units ................................................................................ 19 Limitations on Type, Size and Height of Buildings .......................................... 19 Open Spaces, Landscaping, Light, Air and Privacy ........................................ 19 Signs ............................................................................................................... 19 Utilities ............................................................................................................. 20 Incompatible Uses ........................................................................................... 20 Subdivision of Parcels ..................................................................................... 20 Minor Variations .............................................................................................. 20 H. [Section 420] Design Guide ......................................................................................................... 20 I. [Section 421] Building Permits ..................................................................................................... 21 [Section 500] A. Section 501] B. 'Section 502] C. Section 503] D. Section 504] E. Section 505] F. Section 506] G. Section 507] METHODS OF FINANCING THE PROJECT .............................................................. 22 General Description of the Proposed Financing Method ....................................... 22 Tax Increment Funds ............................................................................................. 22 Agency Bonds ....................................................................................................... 23 Time Limit on Establishment of Indebtedness ....................................................... 23 Payments to Affected Taxing Entities .................................................................... 24 Time Limit on Receipt of Tax Increment ................................................................ 24 Other Loans and Grants ........................................................................................ 24 [Section 600] [Section 700] [Section 800] [Section 900] [Section 1000] ACTIONS BY THE CITY .............................................................................................. 25 ENFORCEMENT ......................................................................................................... 26 DURATION OF THIS PLAN ......................................................................................... 26 PROCEDURE FOR AMENDMENT ............................................................................. 26 SEVERABILITY ............................................................................................................ 26 Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V Redevelopment Plan Map (Land Use and Circulation Map~ - Original Project Area Redevelopment Plan Map (Land Use and Circulation Map) - Second Amendment Area Project Legal Description- Original Project Area Project Legal Description - Second Amendment Area Proposed Public Improvements and Facilities Projects AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT I. [Section 100] INTRODUCTION A. [Section 101] Project History The Redevelopment Plan for the El Caminc Corridor Redevelopment Project was adopted by Ordinance No. 1132-93 of the City Council of the City of South San Francisco ("City Council") on July 14, 1993. The Redevelopment Plan has been amended once. The first amendment ("First Amendment") was adopted on October 26, 1994, by Ordinance 1150-94, to bring project time limits into compliance with changes to the Community Redevelopment Law due to the enactment of AB 1290 (Chap. 942, 1993 Statutes). A second amendment ("Second Amendment") to the Redevelopment Plan as amended to date was adopted , ~ , by Ordinance No. ~ The Second Amendment added area ("Second Amendment Area") to the original project area ("Original ~roject Area"), revised and restated the Redevelopment Plan as amended to date, and adopted the revised and restated Redevelopment Plan as this Amended and Restated Redevelopment Plan for the El Camino Corridor Redevelopment Project. In addition to adding the Second Amendment Area to the Original Project Area, the Second Amendment established separate time limits for project effectiveness, debt establishment, and receipt of tax increment for the Second Amendment Area. Although it is not required by law, the Second Amendment extended the existing bonded indebtedness limit to cover both the Original Project Area and the Second Amendment Area. B. [Section 102] General This is the Amended and Restated Redevelopment Plan ("Redevelopment Plan" or "Plan") for the El Camino Corridor Project ("Project") in the City of South San Francisco ("City"), County of San Mateo, State of California. This Plan consists of text (Sections 100 through 1000), the Redevelopment Plan Map (Land Use and Circulation Map) (Exhibits I and II), a Project Legal Description (Exhibits III and IV), and the Proposed Public Improvements and Facilities Projects (Exhibit V). This Plan was prepared by the Redevelopment Agency of the City of South San Francisco ("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 definitions of general terms which are contained in the Community Redevelopment Law govern the construction of this Plan, unless more specific terms and definitions therefor are otherwise provided in this Plan. Many of the requirements contained in this Plan are necessitated by and in accordance with statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions may be changed from time to time. In the event that any such changes affect this Plan's requirements, and would be applicable to the Agency, the Project, or this Plan whether or not this Plan were formally amended to reflect such changes, then the requirements of this Plan that are so affected shall be superseded by such changes, to the extent necessary to be in conformity with such changes. The project area ("Project Area") includes all properties within the boundaries of the Original Project Are[ and the Second Amendment Area shown on the Redevelopment Plan Map (Land Use and Circulation Map'~ and described in the Project Legal Description. ~ 'ro be inserted after adoption of the Second Amendment 091599/ke.~. The proposed redevelopment of the Project Area as described in this Plan conforms to the City of South San Francisco General Plan, as applied in accordance with local codes and ordinances. This Redevelopment Plan is based upon the Preliminary Plan formulated and adopted by the City of South San Francisco Planning Commission ("Planning Commission") on May 6, 1993, and the Preliminary Plan for the Second Amendment Area adopted on November 5, 1998. This Plan provides the Agency with powers, duties and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the Project Area. This Plan does not present a specific plan or establish priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any particular area within the Project Area. Instead, this Plan presents a process and a basic framework within which specific development plans will be presented, priorities for specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. In general, the goals and objectives of the redevelopment program in the Project Area are as follows: The elimination and prevention of the spread of blight, non-conforming uses and deterioration and the conservation, rehabilitation and redevelopment of the Project Area in accord with the General Plan, future specific plans, the Plan and local codes and ordinances, as they now exist or may hereafter be amended. ¸3. The achievement of an environment reflecting higher level of concern for architectural, landscape, urban design and land use principles appropriate for attainment of the objectives of this Plan and the General Plan, as they may now exist or may hereafter be amended. The control of unplanned growth by guiding revitalization, rehabilitation and new development in such fashion as to meet the needs of the Project, the City and its citizens. The reduction of the City's annual costs for the provision of local services to and within the Project Area. 5. Increased sales, business licenses and other fees, taxes and revenues for the City. The promotion of new and continuing private sector investment within the Project Area to prevent the loss of and to facilitate the increase of commercial sales activity. The creation and development of local job opportunities and the preservation of the area's existing employment base. The development of a spectrum of housing types affordable to vadous segments of the community in a manner consistent with the Housing Element of the General Plan and the provisions of the Redevelopment Law, as they now exist or may hereafter be amended. 10. The elimination or amelioration of existing substandard conditions, including substandard vehicular circulation and parking systems; inadequate infrastructure; insufficient off-street parking; and other similar public deficiencies adversely affecting the Project Area. The presentation and creation of civic, cultural and educational faculties and amenities as catalysts for area revitalization. 11. The upgrading and expansion of recreational areas and open space. 12. Assist in the revitalization of the Willow Gardens neighborhood. Redevelopmen~, of the Project Ares pursuant to this Redevelopment Plan and the above goals and objectives will attain the purposes of the California Community Redevelopment Law by: (1) elimination of areas suffering from economic dislocation and disuse; (2) replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assistance; (3)protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City by remedying such injurious conditions through the employment of appropriate means; (4) installation of new or replacement of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities; and (5) other means as deemed appropriate. I1. [Section 200] PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION The boundaries of the Project Area are shown on the Redevelopment Plan Map (Land Use and Circulation Map) attached hereto in two parts as Exhibits I and II, and is described in the Legal Description of the Project Area attached in two parts as Exhibits III and IV, III. [Section 300] PROPOSED REDEVELOPMENT ACTIVITIES A. [Section 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 some or all of the following: 1. Permitting participation in the redevelopment process by owners of properties located in the Project Area, consistent 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. Relocation assistance to persons displaced by Agency activities in the Project Area and a reentry preference for businesses wishing to reestablish on redeveloped property; 5. Demolition or removal of buildings and improvements owned or acquired by the Agency; 6. Installation, construction, expansion, addition, extraordinary maintenance or re-construction of streets, utilities, and other public facilities and improvements; 7. Disposition of property for uses in accordance with this Plan; 8. Facilitating the Redevelopment of land by private enterprise and public agencies for uses in accordance with this Plan; 9. Assisting the rehabilitation of structures and improvements by present owners, their successors, and the Agency; 10. Rehabilitation, development or construction of Iow and moderate income housing within the Project and/or the City; and 11. Providing for the retention of controls and establishment of restrictions or covenants running with land sold or leased by the Agency 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. [Section 302] Owner Participation and Business Reentry Preferences 1. [Section 303] Owner Participation. Owners of real property within the Project Area shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Area if such owners agree to participate in the redevelopment in conformity with this Redevelopment Plan and owner participation implementation rules adopted by the Agency. An owner may participate by retaining all or portions of the property, or by retaining all or portions of the property.' and purchasing adjacent property or joinin~o with another person or entity for the rehabilitation or development of the owner's property and, if appropriate, other property. Participation opportunitie~ shall necessarily be subject to and limited by factors including but not limited tc the foliowing: (1) the elimination and/or changing of land uses in the Project Area; (2) the construction, realignment, abandonmem, widenin.~, opening and/or other alteration or elimination of public rights-of-way; (3) the removal, relocation, and/or installation of public utilities; (4) the construction or expansion of public improvements and facilities, and the related need to assemble parcels; (5) the need to assemble parcels for pdvate development projects; (6) specific requirements of the Redevelopment Plan and applicable rules, regulations, and ordinances of the City of South San Francisco; (7) any Design Guide adopted by the Agency pursuant to Section 420 hereof; and (8) the feasibility of the potential participant's proposal. 2. [Section 304] Business Reentry Preferences Business occupants engaged in business in the Project Area shall be extended reasonable preferences to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by this Redevelopment Plan and business reentry preferences implementation rules adopted by the Agency. Reentry preferences shall necessarily be subject to and limited by factors such as the following: (1) the extent to which suitable relocation or reentry accommodations exist or are rehabilitated or developed within the Project Area; (2) the extent to which suitable relocation or reentry accommodations are available to displaced business occupants within an acceptable time period or at rents and other terms that are acceptable to such displaced business occupants, and within their financial means; and (3) the requirements of this Redevelopment Plan or any Design Guide adopted by the Agency pursuant to this Redevelopment Plan. 3. [Section 305] Participation ARreements The Agency will require that, as a condition to participating in redevelopment of owned property, each participant shall enter into a written participation agreement with the Agency by which the participant agrees to rehabilitate, develop, dispose of, or use the property in conformance with this Plan and be subject to provisions hereof and such other provisions and conditions as the parties may agree. Participants who retain real property may be required to record such documents as are necessary to make the provisions of this Plan and such participation agreement binding upon future owners and occupants of the property. If a participant fails or refuses to develop or use and maintain the real property pursuant to this Plan and the participation agreement, the Agency may acquire the real property or any interest therein for disposal or development in accordance with this Plan. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and pdvate, property in the Project Area. 4. [Section 306] Implementinq 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. Where there is a conflict between the participation and re-entry Preferences provisions in this Plan and such rules adopted by the Agency, the rules shall prevail. C. [Section 307] Property Acquisition [Section 308] Acquisition of Real Prooerty The Agency may acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, exchange, lease, purchase, eminent domain or any other lawful method. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. Since it is in the public interest and is necessary' for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. The power of eminent domain will not be exercised, i~owever, when the following exists: a. The property in question is improved with a structure and the Agency has determined that it conforms to this Plan and in the sole determination of the Agency: (1) The property is not needed for specific activities permitted by or pursuant to this Plan; (2) The property is not needed for the development of replacement housing for those displaced by Agency activity, if any; (3) The property is not needed for any other public improvement or facility; (4) The property is not needed to promote historical or architectural preservation; (5) The property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Plan; (6) The property is not needed for the elimination of environmental deficiency including among other things, inadequate circulation, access or street layout, incompatible and mixed uses, overcrowding and small parcel size; or (7) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. b. The property in question is improved with a structure and, although not conforming to the Plan, the Agency has determined that the property and the structure can so conform pursuant to an owner participation agreement and that the owner is faithfully performing under the terms of the owner participation agreement; or c. The property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency. 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 date of adoption of the ordinance that included such property in the Project Area. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan. Prior to any acquisition through eminent domain, the Agency shall follow the procedures required by law. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition within the Project Area. 2. [Section 309] Acquisition of Personal Property Generally, personal property shall not be acquired by the Agency. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. D. [Section 310] Property Mana.qemen~ Dudng 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. [Section 311] Relocation of Occupants Displaced by ARency Activity 1. [Section 312] Relocation HousinR Requirements No persons or families of Iow and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace such persons or families until such housing units are available and ready for occupancy. Permanent housing facilities shall be made available within three years from the time occupants are displaced. Pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. 2. [Section 313] Replacement Housin,q Plan Not less than thirty days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the Iow and moderate income housing market, the Agency shall adopt by resolution a replacement housing plan. The replacement housing plan shall include: (1) the general location of housing to be rehabilitated, developed, or constructed pursuant to Section 33413 of the Community Redevelopment Law; (2) an adequate means of financing such rehabilitation, development, or construction; (3) a finding that the replacement housing does not require the approval of the voters pursuant to Article XY, XIV of the California Constitution, or that such approval has been obtained; (4) the number of dwelling units housing persons and families of Iow or moderate income planned for construction or rehabilitation; and (5) the timetable for meeting the plan's relocation, rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required by Section 33413 but for which no replacement housing plan has been prepared, shall not be destroyed or removed from the Iow and moderate income housing market until the Agency has by resolution adopted a replacement housing plan. Nothing in this section shall prevent the Agency from destroying or removing from the Iow and moderate income housing market a dwelling unit that the Agency owns and which is an immediate danger to health and safety. The Agency shall, as soon as practicable, adopt by resolution a replacement-housing plan with respect to such dwelling unit. 3. [Section 314] Assistance in Finding Other Locations The Agency shall assist all persons (including individuals and families), business concerns, and others displaced by Agency action in the Project Area in finding other locations and facilities. In order to carry out the Project with a minimum of hardship to persons (including individuals and families), business concerns, and others, if any, displaced from their respective places of residence or business, the Agency shall assist such persons, business concerns and others in finding new locations that are decent, safe, sanitary, within their respective financial means, in reasonably convenient locations, and otherwise suitable to their respective needs. The Agency may also provide housing inside or outside the Project Area for displaced persons. 4. [Section 315] Relocation Payments The Agency' shall make all relocation payments required by law to persons (including individuals and families), business concerns, and others displaced by the Agency from property in the Project Area. Such relocation payments shall be made pursuant to the California Relocation Assistance Law (Government Code Section 7260 et seq.) and Agency rules and regulations adopted pursuant thereto as such may be amended from time to time. The Agency may make such other payments as it may deem appropriate and for which funds are available. F. [Section 316] Payments to Taxinc~ A_clencies In Lieu of Taxes The Agency may in any year during which it owns property in the Project Area pay directly to the City, County, or other district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon the Agency-owned property had it not been exempt, an amount of money in lieu of taxes. G. [Section 317] Demolition, Clearance, Public Improvements, Buildin.q and Site Preparation 1. '[Section 318] Demolition and Clearance The Agency is authorized to demolish and clear buildings, structures, and other improvements from any real property owned or acquired by it in the Project Area as necessary to carry out the purposes of this Plan. 2. [Section 319] Public Improvements The Agency is authorized to pay all or part of the cost of land for, or the installation of, 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) playgrounds; (7) parking and transportation facilities; (8) landscaped areas; (9) street and circulation improvements; (10) flood control improvements and facilities; (11) fire stations, school facilities and community centers; and (12) other public facilities serving the needs of Project Area occupants. 3. [Section 320] Preparation of Buildin.q 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. The Agency may take any actions which it determines are necessary and which are consistent with other state and federal laws to remedy or remove a release of hazardous substances on, under, or from property in the Proiect Area in accordance with the requirements of Health and Safety Code Section 33459 et seq. H. [Section 321] Property Disposition and Development 1. [Section 322] Real Property Disposition and Development a. [Section 323] General For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, 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, least or disposition shall be first approved by the City Council by resolution after public hearing in conformance with Section 33433 of the Community Redevelopment Law All real property acquired by the Agency in the Project Area, except property conveyed by the Agency to the City or other public body, shall be sold or leased to public or private persons or entities for development for the uses permitted in this Pla~,. Real property may also 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 market value. 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. During the period of development in the Project Area, the Agency shall ensure that the provisions of this Plan and of other documents formulated pursuant to this Plan are being observed, and that development in the Project Area is proceeding in accordance with development documents and time schedules. b. [Section 324] 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 ensure 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 and any adopted Design Guide and other conditions imposed by the Agency by leases, deeds, contracts, agreements, declarations of restrictions, or other means. VVhere appropriate, as determined by the Agency, such documents or memoranda evidencing same 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. c. [Section 325] Non-Discrimination Provisions As stated in Section 33435: "Agencies shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as a part of a redevelopment project to refrain from restricting the rental, sale, or lease of the property on the basis of race, color, religion, sex, marital status, ancestry, or national origin of any person. All deeds, leases, or contracts for the sale, lease, sublease, or other transfer of any land in a redevelopment project shall contain or be subject to the nondiscrimination or nonsegregation clauses hereafter prescribed." As stated in Section 33436: "Express provisions shall be included in all deeds, leases and contracts which the agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any land in a redevelopment project in substantially the following form: (a) In deeds the following language shall appear- "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the-sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees ir, the premises herein conveyed. The foregoing covenant-~ shall run with the land." 10 (b) In leases the following language shall appear - "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lesseees, sublessees, subtenants, or vendees in the premises herein leased." (c) In contracts entered into by the agency relating to the sale, transfer, or leasing of land or any interest therein acquired by the agency within any survey area or redevelopment project the foregoing provisions in substantially the forms set forth shall be included and such contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. d. [Section 326] Public Improvements 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; (2) that no other reasonable means of financing such buildings, facilities, structures, or other improvements are available to the community; and (3) that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the Project Area or provide housing for Iow or moderate income persons and is consistent with the implementation plan adopted pursuant to Section 33352 or 33490 of the Health and Safety Code. Such determinations by the Agency and the City Council shall be final and conclusive. 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 building, facility, structure or other improvement set forth in Section 319 of this Plan, including, without limitation, those set forth in Exhibit V, 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 it agrees to advance funds to, or 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 pedodic payments over a period of years. The obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment of 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 buildin.q, facility, structur6, or other improvement which has been or will be leased to the City such contract may be made with, and such reimbursement may be made payable to, the City. Before the Agency commits to use the portion of 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 in accord with the provisions of Section $3679 of the Community Redevelopment Law. e. [Section 327] 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, including any Design Guide adopted by the Agency pursuant to Section 420 hereof. 2. [Section 328] Personal Property Disposition 'For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. I. [Section 329] 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. 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 that own or intend to acquire property in the Project Area. Any public body that owns or leases property in the Project Area will be afforded all the privileges of owner participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to 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. j. [Section 330] Rehabilitation~ Conservation and MovinR of Structures 1. [Section 331] Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency is also authorized to restore, rehabilitate, move and conserve buildings of historic or architectural significance acquired by it. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to add to the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of retention, conservation and rehabilitation in the Project Area shall be subject to the following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plat,; 12 b. Rehabilitation and conservation activities on a structure must be carried out in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency and the City. c. The expansion of public improvements, facilities and utilities. d. The assembly and development of areas in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties assisted by the Agency. Within the Project Area and as part of an agreement that provides for the development and rehabilitation of property that will be used for industrial or manufacturing purposes, the Agency may assist with the financing of facilities or capital equipment, including, but not necessarily limited to, pollution control devices. The Agency may also establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the Project Area. The Agency shall not assist in the rehabilitation or conservation of properties which, in its opinion, are not economically and/or structurally feasible, or which do not further the purposes of this Plan. 2. [Section 332] MovinR of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved, any standard structure or building owned or acquired by it. K. [Section 333] Low or Moderate Income Housin¢l '1. [Section 334] Authority Generally The Agency may, inside or outside the Project Area, acquire land, improve sites, or construct or rehabilitate structures or assist private parties in the performance of such actions in order to provide housing affordable to persons and families of Iow 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 Housing Authority of the City of South San Francisco or the Housing Authority of the County of San Mateo and may otherwise cooperate with the Housing Authority in carrying out the provisions of Section 335 hereinbelow. 2. [Section 335] Replacement Housing In accordance with Sections 33334.5 and 33413 of the Community Redevelopment Law, whenever dwelling units housing persons and families of Iow or moderate income are destroyed or removed from the Iow and moderate income housing market as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency shall, within four years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of Iow or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs, as defined by Sections 50052.5 and 50053 of the Health and Safety Code, within the territorial jurisdiction of the Agency, in accordance with all of the provisions of Sections 33413 and 33413.5 cf the Community Redevelopment Law. Seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very Iow income households, lower income households, and persons and families of Iow and moderate income, as the persons displaced from those destroyed or removeo units. 13 3. [Section 336] Increase, Improve and Preserve the Su~)olv Pursuant to Section 33334.2 of the Community Redevelopment Law, not less than 20 pe~'cent of all taxes which are allocated to the Agency pursuant 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, improving and preserving the City's supply of Iow and moderate income housing available at affordable housing costs, as defined by Sections 50052.5 and 50053 of the Health & Safety Code, to persons and families of Iow or moderate income, as defined in Section 50093 of the Health & Safety Code, and very Iow income households, as defined in Section 50105 of the Health & Safety Code, unless one of the findings permitted by Section 33334.2 is made annually by resolution. 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 real property or building sites subject to the provisions of Section 33334.16 of the Community Redevelopment Law. (2) Improve real property or building sites with onsite or offsite improvements, but only if either (a) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for Iow or moderate income persons that are directly benefited by the improvements or (b) the Agency finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing Iow or moderate income residents. (3) Donate real property to private or public persons or entities. (4) Finance insurance premiums pursuant to Section 33136 Redevelopment Law. of the Community (5) Construct buildings or structures. (6) Acquire buildings or structures, (7) (8) Rehabilitate buildings or structures. Provide subsidies to, or for the benefit of, very Iow income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of Iow or moderate income, as defined by Section 50093 of the Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. (9) Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges. (10) (11) Maintain the community's supply of mobilehomes. Preserve the availability of housing units affordable to lower income households in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 334 above. These funds may be used inside or outside the Project Area provided, however, .that such 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 these purposes 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 and any repayments or other income to the Agency for loans, advances, or grants, of any kind, from such Low and Moderate Income Housing Fund, shall accrue to and be deposited in, the fund and may only be used in the manner prescribed for the Low and Moderate Income Housing Fund. Pursuant to the requirements of Section 33334.12 of the Community Redevelopment Law, upon failure of the Agency to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year from the date the moneys become excess surplus, within the meaning defined in Section 33334.12 of the Community Redevelopment Law, the Agency shall either disburse that excess surplus to the South San Francisco Housing Authority, San Mateo County Housing Authority or to another public agency in accordance with said Section 33334.12, or expend or encumber the excess surplus within two additional years. The housing authority or other public agency shall utilize the moneys for the purposes of, and subject to, the same restrictions that are applicable to the Agency under the Community Redevelopment Law, and for that purpose may exercise all of the powers of a housing authority under the Housing Authorities Law (Sections 34200 et seq. of the Health and Safety Code) to the extent not inconsistent with these limitations. 4. [Section 337] New or Rehabilitated Dwelling Units Developed Within Project Area At least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency, if any, shall be available at affordable housing cost to persons and families of iow or moderate income. Not less than fifty percent (50%) of the dwelling units required to be available at affordable housing cost to persons and families of iow or moderate income shall be available at affordable housing cost to, and occupied by, very iow income households. At least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency, if any, shall be available at affordable housing cost to persons and families of Iow or moderate income. Not less than forty percent (40%) of the dwelling units required to be available at affordable housing cost to persons and families of Iow or moderate income shall be available at affordable housing costs to very Iow income households. The Agency may satisfy the provisions of the above paragraphs, in whole or in part, by any of the methods described in Community Redevelopment Law Section 33413(b) or any other method permitted by law. The percentage requirements set forth in this Section 336 shall apply independently of the requirements of Section 334 and in the aggregate to housing made available pursuant to the first and second paragraphs, respectively, of this Section 336 and not to each individual case of rehabilitation, development or construction of dwelling units, unless the Agency determines otherwise. If all or any portion of the Project Area is developed with Iow 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 and 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. 5. [Section 338] Duration of Dwelling Unit Availability and Agency Monitorinq The Agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, constructed, or price-restricted pursuant tc Sections 334 and 336 shall remain available at affordable housing cost to persons and families of Iow income, moderate income anc~ very iow income households, respectively, for the longest feasible time, as determined by the Agency, but for not less than the period set forth in Section 800 for the duration of this Plan's land use controls, except to the extent a longer or shorter period of time is permitted or required by other provisions of the law. 15 Pursuant to Section 33418 of the Community Redevelopment Law, the Agency shall monitor, on an ongoing basis, any housing affordable to persons and families of Iow or moderate income developed or otherwise made available pursuant to the Community Redevelopment Law. As part of this monitoring, the Agency shall require owners or managers of the housing to submit an annual report to the Agency. The annual reports shall include for each rental unit the rental rate and the income and family size of the occupants, and for each owner-occupied unit whether there was a change in ownership from the prior year and, if so, the income and family size of the new owners. The income information required by this section shall be supplied by the tenant in a certified statement on a form provided by the Agency. L. [Section 339] Implementation Plans In accord with the provisions of Section 33490 of the Community Redevelopment Law, on January, 1995, the Agency adopted an implementation plan for the Project and the three other project areas in the City of South San Francisco (Downtown Central, Gateway, and Shearwater). Commencing with the fifth year after the first implementation plan was adopted, and each five years thereafter, the Agency shall adopt, after a public hearing, succeeding implementation plans that shall contain the specific goals and objectives of the Agency for the Project Area, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the Project Area and implement the requirements of Section 33334.2, 33334.4, 33334.6 and 33413 of the Community Redevelopment Law. The Implementation Plan adopted by the Agency on January, 1995, constitutes the initial implementation plan for the Project. The parts of future implementation plans that address Sections 33334.2, 33334.4, 332334.6 and 33413 of the Community Redevelopment Law shall be adopted every five years either in conjunction with the General Plan Housing Element cycle or the implementation plan cycle. The Agency may adopt implementation plans that include more than one project area, and may amend the implementation plan after conducting a public hearing on the proposed amendment. At least once within the five-year term of each plan adopted by the Agency, no earlier than two years and no later than three years after adoption of each plan, the Agency shall conduct a public hearing and hear testimony of all interested parties for the purpose of reviewing this Redevelopment Plan and the implementation plan and evaluating the progress of the Project. The hearing may be for two or more project areas if those project areas are included within the same implementation plan. lC IV. [Section 400] LAND USES AND DEVELOPMENT REQUIREMENTS A. [Section 401] Redevelopment Plan Map and Maior Proiect Area Land Uses The Redevelopment Plan Map (Land Use and Circulation Map) attached hereto illustrates the location of the Project Area boundaries, identifies the major streets within the Project Area, and designates the major land uses authorized within the Project Area by 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 from time to time be amended, and as implemented and applied by City ordinances, resolutions and other laws. The major land uses authorized within the Project Area by the General Plan are described below. Other uses may be authorized from time to time by General Plan amendments. B. [Section 402] Maior Land Uses Major land uses permitted within the Project Area shall include: Low Density Residential Medium Density Residential High Density Residential Office Community Commercial Public Park and Recreation Transportation Center The areas shown on the Redevelopment Plan Map (Land Use and Circulation Map) for the foregoing uses may be used for any of the various kinds of uses specified for or permitted within such areas by the General Plan and City ordinances, resolutions and other laws. C. [Section 403] Other Land Uses 1. [Section 404] Public Riqhts of Way Major public streets within the Project Area are generally described as follows: El Cam/no Real Mission Road Chestnut Avenue Grand Avenue Orange Avenue Willow Avenue Susie Way 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 may entail vacation and/or realignment of certain streets, alleys, 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: A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access, vehicular parking, and delivery loading docks with similar needs of existing developments proposed or potentially proposed to remain. Such balancing shall take into consideration the dghts of existing owners 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; ~7 The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient, efficient vehicular access and movement; and 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, amended or created. 2. [Section 405] Other Public, Semi-Public, Institutional and Non-Profit Uses The maintenance, establishment or enlargement of public, semi-public, institutional, or non-profit uses, including park and recreational facilities, libraries, educational, fraternal, employee, philanthropic, religious and charitable institutions, utilities, transportation centers, railroad rights-of-way, and facilities of other similar associations or organizations 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. D. [Section 406] Conforming Properties The Agency may, at its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without a participation agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. A certificate of conformance to this effect may be issued by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. Notwithstanding the foregoing, each property in the Project Area shall be considered to conform to this Plan, until and unless the Agency has determined by resolution that such property does not conform to this Plan. E. [Section 407] Interim Uses Pending the ultimate development of land by developers and participants, such land may be used for interim uses not in conformity with the uses permitted in this Plan. Such interim use shall conform to all applicable City codes. F. . [Section 408] Nonconforming Uses An existing use may remain in an existing building in good condition, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the project Area, and abatement of such uses is not required by applicable City codes. The owner of such a property may be required to enter into a participation agreement, to record a covenant of restrictions against the property, and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and uses in the Project Area. Additions, alterations, repairs or other improvements in the Project Area may be authorized for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project where such improvements would be compatible with surrounding and Project Area uses and development and are permitted under applicable City codes. G. [Section 409] General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the effective date of the ordinance adopting this Plan, except in conformance with the provisions of this Plan. 1. [Section 410] Construction All construction in the Project Area shall comply with all applicable state and local laws in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities carried out pursuant to an agreement with the Agency, including property rehabilitation standards adopted pursuant to Section 331 hereof, and one or more Design Guides adopted pursuant to Section 420 hereof. 2. [Section 411] 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. The number of buildings permitted in the Proiect Area will be approximately 600. 3. [Section 412] Number of Dwellin.q Units The 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. The number of dwelling units permitted in the Project Area will be approximately 3,900. By regulation or policy guideline adopted by the Agency from time to time,'the Agency shall ensure compliance with the provisions of Health and Safety Code Section 33413 requiring that specified percentages of all new or rehabilitated dwelling units developed in the Project Area be available at affordable housing cost to Iow and moderate income households (including very Iow income households). Such adopted Agency regulations and/or policy guidelines shall be applicable and enforceable under this Plan with respect to parcels developed with new or rehabilitated residential structures in the Project Area regardless of whether such parcels are developed with Agency assistance or participation. 4. [Section 413] Limitations on Type, Size and Hei.qht 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 and ordinances. 5. [Section 414] Open Spaces, Landscapinq, Li_clht, 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, spaces around buildings, and ali other outdoor areas not permitted to be covered by buildings. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material. sufficient space shall be maintained between buildings to provide adequate light, air and In all areas, privacy. 6. [Section 415] Signs All 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. 19 7. [Section 416] Utilities All utilities be placed underground whenever physically possible and economically feasible. 8. [Section 417] Incompatible Uses No use or structure which would, by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors, be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. 9. [Section 418] 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, and, if necessary for purposes of this Plan, the Agency. 10. [Section 419] Minor Variations Minor variations from the limits, restrictions and controls established by this Plan may be permitted when: The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Plan. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of the Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, such conditions may be imposed as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. Any such variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. H. [Section 420] 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 and sign criteria, traffic circulation, traffic access, parking, and other development and design controls necessary for proper development and use of land sold, leased or transferred by it. These may be established by the approval of specific developments, by the adoption of general restrictions and controls on such land by resolution of the Agency, or by the adoption of one or more Design Guides pursuant to this Section. No new improvement shall be constructed on such land and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with architectural, landscape, and site plans submitted to and approved in writing by the Agency unless allowed pursuant to the procedures of Section 421 hereof. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic and architectural quality of the Project Area. 'me Agency shall not approve any plans that do not comply with this Plan. 2O I. [Section 421] Building Permits No permit shall be issued for the construction of any new building or any addition, construction, moving, conversion or alteration to an existing building or structure, or preparation of any site, or the installation of any physical improvement, including grading and landscaping, in the Project Area from the date of adoption of this Plan until the application for such permit has been made by the owner or his agent and processed in a manner consistent with all city requirements. Any permit that is issued hereunder must be in conformance with the provisions of this Plan, any Design Guide adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreement. The Agency is authorized to establish permit procedures and approvals in addition to those set forth above where required for purposes of this Plan. A building permit shall be issue(~ only after the applicant for same has been granted all approvals required by the City and the Agency at the time of application. V. [Section 500] METHOD OF FINANCING THE PROJECT A. [Section 501] General Description of the Proposed Financinq Method The Agency is authorized to finance the Project with tax increment funds; interest income; Agency bonds; donations; loans from private financial institutions; the lease or sale of Agency-owned property; owner participant or developer loans; use or transient occupancy taxes; participation in development; or with financial assistance from the City, State of California, the federal government, or any other available source, public or pdvate. 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 the Project may be provided by the City or any other available source, public or private, 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 other sources. 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 the Project. As available, gas tax funds or other legally available funds from the state and county may be used for street improvements and public transit facilities. All or a portion of the parking may be installed through a parking authority or other public or private entities. 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. [Section 502] Tax Increment Funds All taxes levied upon taxable property within the Project Area each year, by or for the benefit of 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: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid to the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the Project 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 Except as provided in subdivision 3 below, that portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on bonds, loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Project. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in 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. VVhen said bonds, loans, advances and indebtedness, if any, anc~ interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective taxing agencies as taxes on all other property are paid. That portion of the taxes in excess of the amount identified in subdivision 1 hereof which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayment of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to and when collected shall be paid into, the fund of that taxing agency. This subdivision 3 shall only apply to taxes levied to repay bonded indebtedness approved by the voters of the taxing agency on or after January 1, 1989. 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 moneys, 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 and allocated to the Agency pursuant to subdivision 2 of this Section 502 shall not exceed $300 million exclusive of any payments made pursuant to agreements with taxing agencies in accordance with Community Redevelopment Law Section 33401 as such section read prior to January 1, 1994. This limit shall not apply to include or prevent the Agency from incurring debt to be paid from the Iow and moderate income housing fund established pursuant to Section 33334.3 of the Community Redevelopment Law, or any other amounts required to fulfill the Agency's obligations under Section 33513 of the Community Redevelopment Law. C. [Section 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, the State, or any of its political subdivisions and neither the City, the State, nor any of its political subdivisions is liable on 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 obligations shall so state on their face. The bonds do not constitute an indebtedness 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 of Section 502 above which can be outstanding at any one time shall not exceed $50 million in principal amount, except by amendment of this Plan. This limit, however, shall not prevent the Agency from issuing additional bonds in order to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code. D. [Section 504] Time Limit on Establishment of Indebtedness The Agency shall not establish or incur loans, advances, or indebtedness to finance in whole or in part the Project beyond the following dates for the areas indicated: For loans, advances, or indebtedness to be repaid from any tax increment revenues received from the Original Project Area: July 14, 2013; and For Loans, advances, or indebtedness to be repaid from any tax increment revenues received from the Second Amendment Area: 20 years from the effective date of the ordinance adopting 23 the Second Amendment to this Plan. This limit may be extended only by amendment 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. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Community Redevelopment Law and Section 336 of this Plan, or establishing more debt in order to fulfill the Agency's obligations under Section 33413 of the Community Redevelopment Law and Section 335 of this Plan. 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 extencied beyond the time limit contained in this Section 504. E. [Section 505] Payments to Affected Taxing Entities The Agency may pay to any affected taxing agency with which it has entered into an agreement prior to December 31, 1993, providing for such payments any amounts of money the Agency has found necessary and appropriate to alleviate any financial burden or detriment caused by the Project to such affected taxing agency. In addition, to the extent applicable, and in the amounts and manner provided therein, the Agency shall annually pay to Project Area affected taxing entities the payments required by Section 33607.5 of the Community Redevelopment Law. F. [Section 506] Time Limit on Receipt of Tax Increment The Agency may not receive and shall not repay indebtedness with the proceeds from property taxes received pursuant to Section 33670 of the Community Redevelopment Law and Section 502 of this Plan beyond the following dates for the areas indicated, except to repay debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Community Redevelopment Law and Section 336 of this Plan, or debt established in order to fulfill the Agency's obligations under Section 33413 of the Community Redevelopment Law and Section 335 of this Plan: For indebtedness to be repaid with any tax increment revenues received from the Original Project Area: July 14, 2043; and For indebtedness to be repaid with any tax increment revenues received from the Second Amendment Area: 15 years following the expiration of this Plan's effectiveness applicable to the Second Amendment Area, as set forth in Section 800 herein below. G. [Section 507] 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. In addition, the Agency may make loans as permitted by law to public or pdvate entities for any of its redevelopment purposes. VI. [Section 600] ACTIONS BYTHE 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 may include, but are not limited to, the following: Acquisition of any real and personal property inside or outside the Project Area required as right-of-way for circulation improvements; demolition and removal of structures on such acquired property; and preparation of such property for construction. The costs to the City of Such acquisition, demolition, and site preparation may be reimbursed by the Agency from Project revenues. Construction of any public improvements serving the purposes of this Plan. The costs to the City of such construction may be reimbursed by the Agency from Project revenues. Establishment of an assessment district mechanism to collect fees from property developers within the Project Area for purposes of Project financing. Initiation and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public right-of-ways, as appropriate to carry out this Plan. Imposition wherever necessary (by subdivision approval, conditional use permits, or other means) of appropriate controls, within the limits of this Plan, upon parcels in. the Project Area to ensure their proper development and use. 6. Provision for administrative enforcement of this Plan by the City after development. Performance of the above actions, and of all other functions and services relating to public health, safety, and physical development normally rendered by the City, in accordance with a schedule that will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 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. 2~ VIi. [Section 700] ENFORCEMENT The administration and enforcement of this Plan, including the preparation 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, specific performance, damages, re-entry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. VIII. [Section 800] DURATION OF THIS PLAN 'Except for the non-discrimination and non-segregation provisions imposed by the Agency which shall run in perpetuity, and the affordable housing covenants imposed by the Agency which shall continue in effect for a period as may be determined and specified by the Agency, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective until the dates given below for the areas indicated; provided, however, that, subject to the limitations and exceptions thereto set forth in Sections 504 and 506 of this Plan, 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. The provisions of this Plan shall be effective: 1. For the Original Project Area: July 14, 2033; and For the Second Amendment Area: until 30 years following the effective date of the ordinance adopting the Second Amendment to this Plan. iX. [Section 900] PROCEDURE FOR AMENDMENT ' This Plan may be amended by means of the procedure established in the Community Redevelopment Law, or by any other procedure hereafter established by law. X. [Section 1000] SEVERABILITY If any provision, section, subsection, subdivision, sentence, clause or phrase of this Plan is for any reason held to be invalid, unenforceable, or unconstitutional, such decision shall not affect the validity and effectiveness of the remaining portion or portions of the Plan. In the event that any portion of the Project Area shall be determined to have been invalidly or incorrectly included in the Project Area that is the subject of this Plan, such portion of the Project Area shall be deemed severable from the remainder of the Project Area which shall remain fully subject to the provisions of this Plan. 26 EXHIBIT I El Camino Corridor Redevelopment Project REDEVELOPMENT PLAN MAP (LAND USE AND CIRCULATION MAP) - ORIGINAL PROJECT AREA EXHIBIT II El Camino Corridor Redevelopment Project REDEVELOPMENT PLAN MAP (LAND USE AND CIRCULATION MAP) - SECOND AMENDMENT AREA El Camino Additi LEGEND High Density Residential Community Commercial Medium Density Residential and Community Commercial Public Park and Recreation Proposed Added Area Boundary 07/27/99 =.DEVELOPMENT PLAN MAP (LAND USE AND CIRCULATION MAP) - SECOND AMENDMENT AREA EL CAMINO CORRIDOR REDEVELOPMENT PROJECT Exhibit II This map was prepared for illustrative purposes only and is not necessarily to scale, nor should it be use to ascertain precise pn)ject area boundary lines Sourcs: South San Francisco Redevelopment Agency, 199~. EXHIBIT III El Camino Corridor Redevelopment Project PROJECT LEGAL DESCRIPTION - ORIGINAL PROJECT AREA ~4~2sof OglSgg~.e: -Oispl"aY Lis~ of Defined Lo~s Drawing: BNDRY.DWG Boundary Description for EL CAMINO CORRIDOR REDEVELOPMENT MAP ** THIS BOUNDARY MAP WAS DERIVED FROM RECORD INFOP~ATION AND ** DOES NOT REPRESENT AN 'ACCURATE FIELD SURVEY. Bear ing Distance North ing 12473.87 47-48-45 W 312.38 12264.09 44-13-45 W 443.78 11946.09 12-57-20 E 125..00 11824.27 77-02-40 E 377.76 11908.97 Delta: 56-29-30 'Radius: 240.00 Arc: 236.63 Chord: 227.16 Tangent: 128.93 S 12-57-20 E = Radial In Radius Point: S 74-42-35 11675.08 Easting 6235.07 6003.61 5694.06 5722.09- 6090.24 6144.04 N 43-32-10 E = Radial Out 46-27-50 E 41-23-10 E 41-20-20 W' 48-58-00 E 11-16-50 E 41-20-20 W 48-57-40 E 41-20-20 E 38-06-50 E 217.62 507.27 268.33 767.55 908.43 146.00 344.52 1320.01 834.47 Delta: 18-24-35 Radius: 3060.00 Arc: 983.2'1 Chord: 978.99 Tangent: 495.88 N 51-53-10 £ = Radial In Radius Point: 11849.06 11699.16 11318.57 11117.11 10613.21 9722.33 9612.71 9386.51 10377.60 9721.05 S 47-19-08 11609.76 6309.36 6467.12 6802.49 6625.26 7204.24 7381.94 7285.51 7545.37 8417.25 8932.31 11339.87 33-28-35 W = Radial Out $ 32-12-36 56-21-00 460.31 122.35 115.52 Delta: 07-51-01 Radius: 2890.00 Arc: 395.97 Chord: 395.66 Tangent: 198.30 S 33-39-00 W = Radial In Radius Point: 9057.37 $$0-2,-31- 8698.79 8634.78 N 41-30-01 E = Radial Out S 48-30-00 S 75-04-04 $ 48-30-00 N 57-58-56 $ 52-25-29 55.00 111.81 672.06 562.08 Delta: 13-00-45 Radius: 841.00 Arc: 191.00 Chord: 190.59 Tangent: 95.91 N 32-01-04 W = Radial In Radius Point: S 45-01-49 E = Radial Out 6229.03 8393.50 8357.06 8328.25 7882.93 8180.94 N 51-28-33 E 45-53-01 E 43-35-00 E 46-27~00 W 43-33-00 E 68-20-00 W 48-31-55 W 53-14-30 W 97.97 226.00 20.O0 162.57 251.76 237.92 31.14 Delta: 14-02-16 Radius: 791.00 Arc: 193.80 Chord: 193.32 Tangent: 97.39 8894.01 8299.64 8367.84 8531.55 8545.33 8663.16 8756.11 8598.56 8617.20 N 60-15-39 W 9652.00 10100.39 10196.55 8595.15 10510.13 10551.33 10659.36 11162.70 11639.28 11193.40 11788.39 11858.72 12014.53 12000.03 12112.05 11878.07 11699.79 11674.84 36-45-29 W = Radial In Radius Point: 7983"~7 1-i20I'%-48 N 22-43-13 E = Radial Out N 67-16-47 W 280.86 Delta: 90-00-42 Radius: 20.00 Arc: 31.42 Chord': .28.29 Tangent: 20.00 8713.09 8821.57 N 22-17-08 W 11506.99 11247.92 N 22-42-31 E = Radial In Radius Point: 8840.02 11255.65 N 67-16-47 W = Radial Out N 22-43-13 E 24.00 Delta: 30-34-54 Radius: 160.00 Arc: 85.40 Chord: 84.39 Tangent: 43.74 8847.74 8869.88 N 37-57-33 E 11237.20 11246.47 S 67-19-54 E = Radial In Radius Point: 8808.22 11394.11 N 36-45-00 W = Radial Out 53-15-00 36-4 5-00 53-15-00 36-45-00 53-15-00 36-45-00 53-15-00 36-45-00 74-27-00 15-33-00 74-27-00 192.00 205.06 169.82 205.06 148.60 140.00 100.00 204.20 37.90 639.99 48.20 8936.42 9051.30 9215.60 9317.21 9152.90 9241.81 9129.64 9189.47 9025.85 9015.69 9632.26 9645.19 11298.38 11452.22 11329.52 11465.59 11588.28 11707.35 11791.12 11871.24 11993.42 12029.93 12201.50 12155.07 Delta: 35-00-02 Radius: 160.00 ~ ~Arc: 9717~ Chord: 96.23 Tangent: 50.45 15-33-00 W = Radial In Radius Point: N 19-27-02 W = Radial Out S 71-19-02 W 159.79 Delta: 27-41-28 Radius: 330.00 Arc: 159.49 Chord: 157.94 Tangent: 81.33 N 13-09-28 W = Radial In Radius Point: S 14-32-00 W = Radial Out 75-28-00 W 75-28-00 W 16-17-12 W 75-28-00 W 14-32-00 W 73-17-38 W 10-30-34 W 33-52-56 w 39-19-40 W 74-45-12 W 42-18-35 W N 28-56-32 W N 55-45-08 E ~' 45-3~-52 W 4 2-2 1-0~ E N 43-0B-52 W 322.30 190.00 200.00 363.61 90.91 208.49 154.18 $7.99 216.96 73.11 252.31 191.74 67.50 72.00 141.37 39.52 S 88-02-59 W 9491.04 9641.91 9590.73 N 89-18-44 W 9912.06 9592.62 9673.50 9721.18 9529.20 9620.45 9532.45 9592.38 9440.79 9513.83 9681.66 9662.43 9475.84 9~43.64 9681.62 9731.96 9836.43 9865.26 12112.17 12058.89 11907.52 11832.40 11749.59 11437.61 11253.68 11197.60 10845.62 10822.81 10623.12 10595.00 10545.94 10408.44 10337.90 10168.06 10075.28 10131.07 10079.59 10174.83 10147.80 47-'38-52 W 52-48-52 W 42-21-08 W ~9-00-52 W 41-04-52 W 43-01-52 W 42-21-08 E 200.00 ----8-0-.-25- 121.32 147.62 150.00 19.00 103.61 Delta: 04-35-02 Radius: 2000.00 Arc: 160.01 Chord: 159.96 Tangent: 80.05 N 40-15-46 E = Radial In Radius Point: lOOOO.O0 10048.50 9958.85 10073.54 10186.61 10200.50 10277.07 !oooo.oo 9936.07 9854.33 9761.41 9662.84 9649.87 9719.67 N 47-26-43 W 11803.25 11012.26 S 44-50-48 W = Radial Out N 45-09-12 W 207.78 N 41-24-40 W 32.44 Delta: 00-48-00 Radius: 5000.00 Arc: 69.81 Chord: 69.81 Tangent: 34.91 N 44-50-48 E = Radial In Radius Point: 10385.26 10531.78 10556.12 N 44-45-12 W 14101.10 9601.84 9454.52 9433.06 12959.!2 45-38-48 W = Radial Out N 44-21-12 W 32.95 Delta: 01-47-30 Radius: 5000.00 Arc: 156.35 Chord: 156.34 Tangent: 78.18 10605.69 10629.25 N 41-39-57 W 9383.91 9360.88 49-13-48 W = Radial In Radius Point: 7364.13 5574.19 N 47-26-18 E = Radial Out lC746.05 9256.94 42-33-42 W 320.86 $ 43r15,41 _.W 7.02 N 42-33-42 W 88.32 '.1-10-43 W 165.69 Delta: 01-42-35 Radius: 5759.65 Arc: 171.87 Chord: 171.86 Tangent: 85.94 10982 · 38 1-0-977-.-2'6 11042.32 10917.61 N 50-38-28 W 9039.92 90~5.--1-1 8975.37 8866.27 S 40-12-49 W = Radial In Radius Point: 65!9.29 5147.62 N 38-30-14 E = Radial Out 41-10-43 E 45-08-42 W 49-46-06 W 46-43-59 W 50'04-52 W 37-49-38 W 52-10-22 W 182.13 189.01 603.48 65.25 325.87 297.32 283.63 Delta: 05-14-35 Radius: 2954.53 Arc: 270.36 Chord: 270.27 Tangent: 135.27 11026.60 11163.68 11297.00 11686.77 11642.05 11851.16 11616.32 11790.27 N 49-33-05 W 8733.39 $$53.31 8719.32 8258.60 8211.09 7961.17 7778.82 7554.79 N 37-49-38 E = Radial In Radius Point: 14123.94 9366.75 S 43-04-13 W = Radial Out Delta: 08-31-41 Radius: 2954.53 Arc: 439.77 Chord: 439.36 Tangent: 220.29 11965.61 N 42-39-57 W 7349.12 N 43-04-13 E = Radial In Radius Point: 14123.94 9366.75 51-35-54 W = Radial Out 7051.36 -'06-56 W 751.08 42'19-28 W-- 1'89z-25 Delta: 48-00-46 Radius: 485.00 Arc: 406.42 Chord: 394.63 Tangent: 216.00 11768.03 11907.95 N 14-13-23 W 6510.03 6382.60 N 51-46-14 E = Radial In Radius Point: 12208.07 6763.59 N 80-13-00 W = Radial Out N 80-13-00 W 15.00 N 09-47-00 E 172 . 12 N 80-13-00 W 65 . 99 12290.48 12293.03 12462.65 12473.87 Area = 7725615.6433 square feet, 177.3557 acres Error North = -0.03 Error East = -0.00 Absolute Error = 0.03 Perimeter = 23793.35 Direction of error = S 03-02-23 W Precision = 1 in 742873 6285.64 6270.86 6300.11 6235,07 2xce~ting therefrom the fo~_owing: Lot Description f~r-'.--EXC-LUDED--LO~ Bearing Distance Delta: 23-56-31 Radius: 529.00 Arc: 221.05 Chord: 219.45 Tangent: 112.16 Northing 8476.66 N 21-54-41 W Easting 11201.81 S 80-03-35 W = Radial In Radius Point: 8385.34 10680.75 N 56-07-04 E = Radial Out 33-52-56 W 56-07-04 E 59-39-57 E 55-43-53 W 33-14-25 W 56-45-35 W 45.89 15.04 603.17 112.86 194.00 241.16 Delta: 11-05-59 Radius: 467.00 Arc: 90.47 Chord: 90.33 Tangent: 45.38 8680.25 8718.35 8726.73 8422.10 8358.56 8520.81 8388.62 N 15-29-26 W 11119.92 11094.34 11106.82 11627.42 11534.15 11427.81 11226.11 N 68-57-35 E = Radial In Radius Point: 8556.29 11661.97 $ 80-03-34 W = Radial Out 8475.67 N 09-56-26 W 1.00 8476.66 Area = 55858.4588 square feet, 1.2823 acres Error North = 0.00 Error East = -0.01 Absolute Error = 0.01 Perimeter = 1523.64 Direction of error = N 59-26-04 W Precision = i in 226634 Lot Description for: EXCLUDED LOT 2 Bearing Distance !9-12-40 E i00.94 Northing 9872.65 ~777.31 11201.98 11201.81 Easting 9027.26 9060.48 10207.68 .~75.08 Delta: 01-32-10 Radius: 3729.83 Arc: 100.00 Chord: 100.00 Tangent: 50.00 N 41-53-55 W 48-52-10 W = Radial In Radius Point: 7754.29 N 47-20-00 E = Radial Out 10282.11 S 42-56-20 W 559.34 9872.63 Area = 54782.1925 square feet, 1.2576 acres Error North = 0.00 Error East' = -0.00 Absolute Error = 0.00 Perimeter = 1357.87 Direction of error = N 00-16-12 W Precision ~= 1 in 274848 6665.72 9408.30 9027.26 EXHIBIT IV El Camino Corridor Redevelopment Project PROJECT LEGAL DESCRIPTION - SECOND AMENDMENT AREA This description consists of two parts, as follows: 1. Proposed Willow Gardens Addition (approximately 9.25 acres) 2. Proposed El Camino Real Addition (approximately 70.3 acres) 8432~of 24-99016 4/9/99 Rev. 6/23/99 RBP/PRS LEGAL DESCRIPTION Proposed Willow &ardens Addition All that certain real property situate in the City of South San Francisco, County of San Mateo, State of Califomi'a descn'bed ~s follows: BEGINNING at the intersection of the centefline 0fNora Way and the general southeasterly line of Willow Avenue as shown on that certain tract map entitled "Willow Gardens" which map was filed for record in Book 61 of Maps, at Pages 24 and 25, San Mateo County Records, said general southeasterly line being also the general northwesterly boundary line of said Map of "Willow Gardens", thence (1) leaving said POINT OF BEGINNING along the general northwesterly line of said map of "Willow Gardens" North 16° 17'12"East 719.05 feet to an angle point in said general northwesterly line, thence: (2) South 73° 29' 44"East 108.88 feet to an angle point in said general northwesterly line, thence (3) continuing along said general northwesterly line North 16° 30' 16" East 219.38 feet to the most northerly comer of said "Willow Gardens", thence (4) along the general northeasterly line of said Willow Gardens South 73° 29' 44"East 293.78 feet to the most easterly comer of said" Willow Gardens", thence (5) along the general southeasterly line of said" Willow Gardens' South 16° 30' 16"F, ast 1063.43 feet to the most southerly comer of said Willow Gardens, thence (6) along the general southwesterly line of" Willow Gardens" and the general southwesterly boundary line of that certain Parcel Map filed for record in Book 41 of Maps at Pages 32 and 33, San Mateo County Records, North 73° 29' 44"West 399.45 feet to the most westerly comer of said Parcel Map, thence 24-99016 6/10/99- Rev. 6/23/99 RBP/PRS .LEGAL DESCRIPTION Proposed E1 Camino Real Addition All that certain real property Situate in the City of South San Francisco, County of San Mateo, State of Califomia described as follows: BEGINNING at the intersection of the cemerline of 1st Street and the general Northeasterly line of the California State Highway, known as E1 Camino Real, as shown on that certain map entitled "Map of Section West of Railroad inthe Town of Baden", which map was filed for record in Book "E" of Maps at Page 62, San Mateo County Records, (1) leaving said POINT OF BEGINNING along said general northeasterly line of E1 Camino Real, being also the general Southwesterly line of said map, North 24° 47' 46"West 180.00 feet; thence (2) leaving said general Southwesterly line and continuing along said Northeasterly line of E1 Camino Real, South 65° 12' 14"West 18.43 feet, and (3) from a tangent beating of North 29° 51' 11" West, along a curve, concave to the left, with a radius of 3033.00 feet, through a central angle of 14° 16' 42" for an arc length of 755.84 feet to the intersection thereof with the general Southeasterly boundary line of the Existing E1 Camino Redevelopment Project Area, thence (4) leaving said Northeasterly line of E1 Camino Real along said general Southeasterly boundary line the following courses and distances, North 56o 50'20" East 452.55 feet; (5) along a tangent curve, concave to the left, with a radius of 841.00 feet through a central angle of13° 00'45" for an arc length of 191.00 feet; (6) North 47° 01' 37" East 97.97 feet; (7) North 44° 43' 36" East 226.00 feet; (8) North 45° 1 g'24" West 20.00 feet; and (7) along the general northwesterly boundary of said Parcel Map and said "Willow Gardens" North 16°lT'12"East 125.00 feet to the PO]]qT OF BEGINN]]qG. Con~_aining 9.25 acres of land more or less. Phillip R. Savio~ ~//v RCE No. Expiration Date 03/31/2002. Date (9) North 44° 43'36" East 162.57 feet to the most Easterly comer of said Boundary; said comer lying on the Northwesterly line on parcel designated as Parcel 2 of that certain Parcel Map filed for record in Book 5 of L.L.S. Maps at Page 103, San Mateo County records, thence (10) along said Northwesterly line of Parcel 2, North 44o 43' 36" East 150.34 feet; and (11) North 16° 41' 36" East 22.74 feet to the most Northerly comer of said Parcel 2; thence (12) along the general Northerly line of said Parcel 2, and the general Northerly line of that certain map entitled "City Park Addition No. 2" which map was filed for record in Volume 59 of Maps at Page 39, San Mateo County Records and its Easterly prolongation South 73o 18' 24" East 550.00 feet to the most easterly comer of that certain parcel of land described in the Deed to the City of South San Francisco recorded in Book 3011 of Official Records at Page 222, San Mateo County Records, thence (13) along the general easterly line of said City of South San Francisco parcel, the general Easterly line of said City Park Addition No. 2, the general Easterly line of said Parcel 2 and the general Northerly line of that certain parcel of land designated as Parcel 1 on that certain Parcel Map 93-300 which map was fled for record in Book 69 of Parcel Maps at Page 57-59, San Marco County Records South 16° 41' 36" West 454.60 feet to an angle point in said Northerly line of Parcel 1, thence (14) continuing along said general Northerly line of Parcel land the general Northerly and Northeasterly line of Parcel 2 of last descn~oed Parcel Map along the following courses and distances, from a tangent bearing of North 82° 43'21" East along a curve concave to the fight w/th a radius of 1121.00 feet, through a central angle of 12° 38' 53" for an arc length of 247.46 feet; (15) South 16° 41' 36" West 40.82 feet; (16) from a tangent bearing of South 6° 16' 15" West along a curve, concave to the left, with a radius of S0.00 feet through a central angle of 61° 48' 51" for an arc length of 53.94 feet; and (17) South 16° 39' 35" West 50.80 feet; thence (18) leaving said general Easterly line of Parcel 2 South 23° 12' 39" West 299.10 feet to an angle point in the general Westerly line of said Parcel 1; thence (19) along said general Westerly line and its Southerly prolongation South 16° 41' 36" West 745.07 feet to the intersection thereof with the general Southerly line of that certain parcel of land described as Parcel 6 in the Deed to the City and County of San Francisoo recorded in Volume 1161 of Official Records, San Marco County Records; theace (20) (21) along sai. d general Southerly line North 54° 48' 18"West 842.88 feet to the intersection thereof with the general Southerly. line of "A" Street as shown on said "Map of Section West of Raikoad in the Town of Baden" said Southerly line be.iht also the general Northeasterly line of that certain parcel of land designated as Parcel 1 on that certain Parcel Map of Lands of Oigll and Lands of Petrocchi recorded in Volume 54 of Parcel Maps at Pages 15 and 16 San Marco County Records; thence along said general Northeasterly and Southeasterly line of last described Parcel 1 South 24° 58' 46" East 143.54 feet; and (22) South 65° 01' 14" West 60.22 feet; thence (23) leaving said Southeasterly line South 24° 58' 46" East 100.00 feet; thence (24) South 65° 01' 14" West 39.78 feet to the most Northerly comer of Lot 4 in Block 1 as said "Map of Section West of Railroad in the Town of Baden"; thence (25) along the rear lot lines of the lots in Blocks 1,5,6 and 10 of the last described map the following courses and d/stances, South 24° 58' 46" East 970.00 feet (26) North 65° 01' 14" East 15.00 feet; (27) South 24° 58' 46" East 25.00 feet; (28) South 65° 01' 14" West 15.00 feet; and (29) South 24° 58' 46" East 560.00 feet to the most Southerly comer of Lot 1 in Block 10 of said "Map of Section West of Railroad in the Town of Baden", said comer lying in the general Southeasterly line of said map; thence (30) along said general SOutheasterly line North 65° 01' 14" East 420.00 feet to the most Westerly comer of that certain parcel of land described in the Deed to the Housing Authority of the City of South San Francisco recorded in Book 1008 of Official Records at Page 424, San Marco County records; thence (31) along the boundary of said parcel South 24° 58' 46" East 584.00 feet; and (32) North 65° 01' 14" East 662.86 feet to the most Northerly comer of that certain parcel of land described in the Deed to the South San Francisco Unified School District recorded in Book 1329 of Official Records at Page 439 San Mateo CounW Records; thence (33) along the boundary of said parcel the following courses and distances, South 32° 35' 46" East 889.10 feet; (34) (35) South 33° 1~[' 46" East 30.90 feet; and South 65° 0.1'14" West 1213.95 feet more or less to a point on the Northeasterly line of the Calif/~mia State Highway, known as E1 Camino Real; thence (36) along the Northeasterly line of said E1 Camino Real the following courses and distances, North 290 19' 36" West 1019.96 feet; (37) North 26° 38' 36" West 479.01 feet; (38) North 25° 07' 46" West 791.81 feet; and (39) North 24° 47' 46" West 683.20 feet to the PO/NT OF BEGINNING. Containing 70.32acres of land more or less. Phillip 1~. ' ~ RCE No. 28231 Expiration 03/31/2002 , Date EXHIBIT V El Camino Corridor Redevelopment Project PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECT,~ ORIGINAL EL CAMINO CORRIDOR REDEVELOPMENT PROJECT AREA · Assistance in the undergrounding of rapid transit facilities · Relocation, improving and/or covering of existing drainage and creek channels · Stre,et upgrading including basic street repair and repairing and the addition of new street lights and traffic control systems · Construction of curbs, gutters and sidewalks, as necessary throughout the Project Area SECOND AMENDMENT AREA · Construction of a Community Center · Elimination of parking islands in the Willow Gardens area · Construction of new sidewalks and sidewalk improvements · Creation of greenbelt parkway on BART alignment · Removal of greenhouses in Memorial Park · Toxic remediation testing at Memorial Park · Partially fund construction of Fire Station · Acquire the Chestnut Avenue/El Camino Real right-of-way · Public improvements and removal of pipes at the CalWater site Note: This listing of proposed improvements and facilities is set forth for planning purposes, and shall not be deemed as a limitation on the Agency's authority to implement the Redevelopment PLan. 8432s0~ 091599t1~e~