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HomeMy WebLinkAbout316 - Ordinances ORDINANCE NO. 316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT NO. I FOR THE RANCHO REDEVELOPMENT PROJECT WHEREAS, the Rancho Cucamonga Redevelopment Agency Rancho Cucamonga ("Agency"), has formulated and prepared the proposed Redevelopment Plan Amend- ment No. I for the Rancho Redevelopment Project ("Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of Rancho Cucamonga submit- ted its report and recommendation finding the proposed Redevelopment Plan to be in conformity with the General Plan and recommending approval of the proposed Redevelopment Plan; and WHEREAS, the Agency has adopted rules governing participation and rules for reasonable reentry preferences to property owners, operators of businesses and tenants in the Project Area; and WHEREAS, pursuant to the requirements of the Community Redevelopment Law, the Agency has adopted a Relocation Method or Plan which is to be extended to all persons who may be caused to be displaced resulting from Agency acquisi- tion of certain property; and WHEREAS, the Agency submitted to the City Council of the City of Rancho Cucamonga ("City Council") the proposed Redevelopment Plan; and WHEREAS, the Agency has submitted its Report to City Council accompanying the Redevelopment Plan to the City Council; and WHEREAS, that Report describes conditions of blight existing within the Project Area; and WHEREAS, after due notice, a joint public hearing has been held by the Agency and the City Council; and WHEREAS, all actions required by law have been taken by all appropriate public agencies; and WHEREAS, following the joint public hearing, the Agency approved said Redevelopment Plan and recommended adoption of said Redevelopment Plan to the City Council. NOW THEREFORE, THE PEOPLE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Redevelopment Plan Project Area ("Project Area") are: Ordinance No. 316 Page 2 (a) To eliminate and prevent the spread of physical and economic blight and deterioration by promoting and encouraging the rehabilitation, revitaliza- tion, conservation or redevelopment of currently deteriorating or underutilized buildings and areas within the Project Area that create a prevailing image of depreciated values, impaired investments and social and economic maladjustment. (b) To encourage new private sector investment and development within the Project Area and to provide additional residential housing at affordable prices and affordable financing terms. (c) To encourage development of office, industrial, commercial and per- manent uses within the Project Area in order to reinforce, strengthen and com- plement economic growth and development in the City of Rancho Cucamonga. (d) To provide for construction which in turn will provide short-term and long-term employment opportunities for local residents. (e) To mitigate and address the existence of inadequate public improve- ments, open spaces, utilities and public facilities, including but not limited to, flood control, sewer, traffic signal control and street improvements. Section 2. Redevelopment Plan Amendment No. I for the Rancho Redevelop- ment Project is hereby approved and adopted and designated as the official Re- development Plan for the City of Rancho Cucamonga Amendment No. I Redevelopment Project Area, and is incorporated herein by reference. Section 3. The City Council hereby finds and determines that: (a) The Project Area is a blighted Area for the reasons described in the Redevelopment Plan and the Report to the City Council accompanying the Re- development Plan, the redevelopment of which is necessary to effectuate the public purposes declared in the California Health and Safety Code, Section 33000, et seq.; (b) The Redevelopment Plan will redevelop the Project Area in conformity with the California Health and Safety Code, Section 33000, et seq, in the interests of the public peace, health, safety, and welfare; (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; (d) The Redevelopment Plan conforms to the General Plan of the City of Rancho Cucamonga; (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety, and welfare of the City of Rancho Cucamonga and will Ordinance No. 316 Page 3 effectuate the purposes and policies of the California Health and Safety Code, Section 33000, et seq; (f) The condemnation of real property, as provided for in the Redevel- opment Plan, is necessary to the execution of the Redevelopment Plan and ade- quate provisions have been made for payment for property to be acquired as re- quired by law; (g) The Agency has adopted a feasible.method or plan for the relocation of families and persons who are temporarily or permanently displaced from fa- cilities in the Project Area; (h) There are or are being provided in the Project 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 Project Area, decent, safe, and sani- tary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. (i) Inclusion of any land, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the ef- fective redevelopment of the Area of which they are a part; that any such Area included is necessary for effective redevelopment and is not included for the purposes of obtaining the allocation of tax increment revenues from such Area pursuant to Health and Safety Code, Section 33670, without other substantial justification for its inclusion, including but not limited to the need to de- velop a comprehensive plan to improve traffic circulation and traffic safety, encourage and assembly through reparcelization and acquisition of properties for resale to private investors and to eliminate public health and safety hazards that can only be addressed by exercising the powers of redevelopment to construct and improve flood control, sewer systems and streets throughout the Project Area. (j) The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency for the reasons set forth in the Preliminary Plan, Report to the City Council, and Redevelopment Plan. (k) The Agency is authorized by California Health and Safety Code Sec- tion 33445 to 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 without the Project Area necessary to carry out this plan. It is contemplated that acquisition of prop- erty and the installation and construction of the buildings, facilities and structures set forth in the Redevelopment Plan or other improvements may be undertaken as part of this Redevelopment Plan. The Agency and the City have determined that such buildings, facilities, structures or other improvements, are available to the community of Rancho Cucamonga. Ordinance No. 316 Page 4 Section 4. The City Council is satisfied permanent housing facilities will be available within three (3) years in the event occupants of the Project Area are displaced and that pending the development of such facilities, there would be available to such displaced occupants adequate temporary housing fa- cilities at rents comparable to those in the City of Rancho Cucamonga at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences 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 person or family until such housing units Area avail- able and ready for occupancy. Section 5. The Redevelopment Plan provides for the expenditure of money by the City of Rancho Cucamonga in carrying out the Redevelopment Plan, and authorizes the City to financially assist the Agency by way of loans, grants, or other financial assistance. The City Council hereby provides that such fi- nancial assistance to the Agency shall be made from time to time as the City Council shall determine to be necessary, and that all such financial assistance shall be deemed to be loans to the Agency based on terms to be established by an agreement between the City and Agency, unless the City Council shall provide in specific cases that such assistance shall be treated other than as a loan. Section 6. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to changes in zoning, the location and relocation of sewer and water mains and other public facilities and other public action, and ac- cordingly, the City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Rancho Cucamonga under the provi- sions of the Redevelopment Plan; and (b) Requests the various officials, departments, boards, and agencies of the City of Rancho Cucamonga having administrative responsibilities for the City likewise to cooperate to such end and to exercise their respective func- tions and powers in a manner consistent with the Redevelopment Plan. Section 7. The City Council finds that pursuant to Section 33334.2 of the California Health and Safety Code, the use of tax revenues by the Agency outside of the Project Area for purposes of increasing and improving the commu- nity's supply of low and moderate income housing for persons and families of low or moderate income will benefit the Project Area. Ordinance No. 316 Page 5 Section 8. The City Council is convinced that the effect of tax incre- ment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. Section 9. All written and oral objections to the Redevelopment Plan hereby are overruled. Section 10. The City Clerk hereby is directed to send a certified copy of this ordinance to the Agency, and the Agency is hereby vested with the re- sponsibility for carrying out the Redevelopment Plan. Section 11. The City Clerk hereby is directed to record with the County Recorder of San Bernardino County a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Health and Safety Code, Section 33000, et seq. The Agency hereby is directed to effectuate recordation in com- pliance with the provisions of Section 27295 of the Government Code to the ex- tent applicable. Section 12. The Community Development Department through the Building and Safety Division is hereby directed for the two year period after the effec- tive date of this ordinance to advise all applicants for building permits with- in the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a Redevelopment Project Area. Section 13. The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area to the Auditor and Tax As- sessor of the County of San Bernardino; to the officer or officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County Assessment Roll or do not col- lect its taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. Such documents shall be transmitted as promptly as practicable following the adoption of this Ordinance, but in any event, such documents shall be transmitted within 30 days following the adoption of the Re- development Plan. Section 13. The Mayor shall sign this Ordinance and the City Clerk shall certify to the adoption of this ordinance and cause the same to be pub- lished within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 23rd day of June, 1987. Ordinance No. 316 Page 6 AYES: Brown, Stout, King, Wright NOES: None ABSENT: Buquet Dennis L. St6Ut~Mayor ATTEST: thelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, Cal- ifornia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of June, 1987, and was finally passed at an adjourned meeting of the City Council of the City of Rancho Cucamonga held on the 23rd day of June 1987. Executed this 23rd day of June, 1987 at Rancho Cucamonga, California. Beverly,{. Authelet, City Clerk RANCHO CUCAMONGA REDEVELOPMENTAGENCY RANCHO REDEVELOPMENT PROJECT AMENDMENT NO. 1 AGENCY BOARD OF DIRECTORS Dennis L. Stout, Chairman Deborah Brown Charles J. Buquet, II Jeffrey King Pamela J. Wright PLANNING COMMISSION E. David Baker, Chairman Suzanne Chitiea Bruce Emerick .Larry McNeil Peter Tolstoy CITY/AGENCY STAFF Lauren M. Wasserman, Executive Director Jack Lam, Deputy Executive Director Jim Hart, Treasurer Linda D. Daniels, Senior Redevelopment Analyst Olen Jones, Redevelopment Analyst CITATION INDEX California Health and Redevelopment Plan Safety Code Section Number Section Number 33331 311 33332 AppendixA 33333 312,313,314,321,322 330, etseq. 33333.2 211,505 33334 501 33334.1 505 33334.2 505 33334.3 505 33334.5 231 33335 251 33336 252 33337 252 33338.1 205 33339 211,212 33339.5 211,213 33340 211 33341 501,503 33342 201 33343 501 33344 301 33345 211 33400-33402 205 33410-33411,33411.1 221,223,402 33412 221 33413-33413.5 231,402 33420 231,242 33435-33436 252,341 33443 251 33445 232 33450-33458 603 -i- TABLE OF CONTENTS I. INTRODUCTION 1 (100) REDEVELOPMENT AUTHORITY AND PURPOSE 1 (101) Authority 1 (102) Project Objectives 1 (103) Definitions 2 II. REDEVELOPMENT I1KPLEMENTATION 4 (200) PROPERTY ACQUISITION AND MANAGEMENT 4 (201) Acquisition of Real Property 4 (202) Acquisition of Personal Proper~y 5 (203) Property Management 5 (210) PARTICIPATION BY OWNERS AND TENANTS 6 (211) Participation Priorities 6 (212) Opportunities for Owners and Tenants 7 (213) Re-Entry Preferences for Owners and Tenants 8 (214) Participation Agreements 8 (220) RELOCATION OF PERSONS, FAMILIES AND BUSINESSES 9 (221) Relocation Assistance 9 (222) Relocation Payments 9 (223) Temporary Relocation Housing 10 (230) DEMOLITION, CLEARANCE, PUBLIC IMPROVEMENTS AND SITE PREPARATION 10 (231) Demolition and Clearance 10 (232) Public Improvements 11 (233) Temporary Public Improvements 14 (234) Building Site Preparation 14 (240) REHABILITATION AND CONSERVATION OF STRUCTURES 14 (241) Rehabilitation of Structures 14 (242) Moving of Structures 15 -ii- (250) REAL PROPERTY DISPOSITION AND DEVELOPMENT 15 (251) General Requirements 15 (252) Disposition and Development Documents 16 (253) Development by Participants 16 (254) Development by Agency 17 (255) Personal Property Disposition 17 HI. DEVELOPMENT IN THE PROJECT AREA 18 (300) AGENCY COOPERATION WITH OTHER JURISDICTIONS 18 (301) Agency/City Cooperation 18 (302) Cooperation With Other Public Jurisdictions 19 (310) LAND USES FOR THE PROJECT AREA 20 (311) Conformance to City's General Plan 20 (312) General Commercial Uses 20 (313) Residential Uses 21 (314) Industrial Uses 21 (320) PUBLIC USES FOR THE PROJECT AREA 21 (321) Public Street Layout, Rights-of-Way and Easements 21 (322) Semi-Public, Institutional, and NonProfit Uses 22 (330) DEVELOPMENT STANDARDS 22 (331) Conformance With This Plan 22 (332) New Construction 22 (333) Incompatible Uses 22 (334) Subdivision or Consolidation of Parcels 23 (335) Limitation of Building Density 23 (336) Limitation on Type, Size and Height of Buildings 23 (337) Open Space, Landscaping, and Parking 23 (338) Light, Air and Privacy 24 (340) DEVELOPMENT REQUIREMENTS 24 (341) Nondiscrimination and Nonsegregation 24 " (342) Minor Variations 25 -iii- IV. LOW AND MODERATE INCOME HOUSING 27 (400) AGENCY OBLIGATIONS 27 (401) 20% Requirements 27 (402) Low and Moderate Income Housing Replacement 27 V. PROJECT FINANCING 29 (500) FINANCING MECHANISMS AND LIMITATIONS 29 (501) General Description of the Proposed Financing Method 29 (502) Tax Increments 29 (503) Issuance of Bonds and Notes 31 (504) Loans and Grants 31 (505) Financing and Limitations 31 (506) General Method of Financing the. Redevelopment Project 33 VI. SPECIAL ADMINISTRATIVE PROVISIONS 36 (600) ENFORCEMENT AND DURATION OF PLAN 36 (601) Enforcement 36 (602) Duration 36 (603) Procedure for Amending Plan 36 Exhibits Appendix - Legal Description 'iV' I. INTRODUCTION (100) REDEVELOPMENT AUTHORITY AND PURPOSE (101) Authority This Redevelopment Plan (hereinafter ~Plan") for the Rancho Redevelopment Project Amendment No. 1 was prepared by the Rancho Cucamonga Redevelopment Agency in accordance with the California Community Redevelopment Law, California Health and Safety Code Section 33000 et seq., and all applicable laws and ordinances. The basis for this Plan is the Preliminary Plan formulated and adopted by the Planning Commission on August 12, 1981 by Resolution No. 8193 and the Redevelopment Plan adopted and approved by the Rancho Cucamonga City Council on December 23, 1981 by Ordinance No. 166. (102) Project Objectives Redevelopment is most commonly used in the clearance of dilapidated areas. However, the California Redevelopment Law recognizes that blighting conditions are not limited to dilapidated buildings which cause a serious burden to the community and which cannot be reasonably expected to be reversed or alleviated by private enterprise acting alone. Redevelopment has also been used to eliminate economic blight which includes the elimination of conditions which have led to underutilization or disuse of, or a lack of private investment in the area. Rancho Cucamonga is experiencing major physical deterrents to growth due, in particular, to the existence of inadequate flood control public improvements, as well as a lack of public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. At the present time, the Rancho Redevelopment Project Area is characterized by properties which suffer from economic dislocation, deterioration, or disuse because of a prevalence of depreciated values, impaired investments, and social and economic maladjustment due, in part, to the existence of lots or other areas which are subject to being submerged by water. It is anticipated that the Redevelopment Plan can eliminate the existing conditions -1- causing a reduction of, or lack of, proper utilization of the Rancho Redevelopment Project Area to the extent that such conditions will no longer constitute a serious physical, social, or economic burden on the economy. These conditions cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone without redevelopment. (See AssessmentofConditions Report). The implementation of these various redevelopment activities will be carried out in accordance with this Redevelopment Plan which details the development standards, the project implementation methodology and the methods of project financing. (103) Definitions The following definitions will govern in the context of this Plan unless otherwise stipulated herein: "Agency" means the Rancho Cucamonga Redevelopment Agency. "Area Median Income" means the median household income of a geographic area of the State, as adjusted for family size as determined by the Agency. "City" means the City of Rancho Cucamonga, California. "City Council" means the City Council of the City of Rancho Cucamonga, California. "County" means the County of San Bernardino, California. "Legal Description" means a description of the land within the Project Area prepared in accordance with map specifications approved by the California State Board of Equalization. "Low or Moderate Income" means persons and families whose income does not exceed 120% of the area median income as defined by California Health and Safety Code Section 50093. -2- "Occupant" means the persons, families, or businesses holding possession of a building or part ora building (as an apartment or office). ''person" means any individual, or any public or private entity. "Plan" means the Redevelopment Plan for the Rancho Redevelopment Project Amendment No. 1, in the City of Rancho Cucamonga, California. "Planning Commission" means the Planning Commission of the City of Rancho Cucamonga, California. ''Project Area" means the area included within the boundaries of the Rancho Redevelopment Project Area as depicted on the maps and legal description attached hereto. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Sections 33000 et seq.), as amended to date. "State" means any state agency or instrumentality of the State of California. '~l'enant" means a persons or group of persons who rents or otherwise is in lawful possession of a dwelling or business, including a sleeping room which is owned by another. "Ve .ry Low Income" means persons and families whose incomes do not exceed the qualifying limits for very low income facilities as defined in California Health and Safety Code Section 50105 and established pursuant of Section 8 of the United States Housing Act of 1937, or in the event such federal standards become obsolete, persons and families whose incomes do not exceed 50% of the median income, as estimated by the Agency from time to time, for the area in which the housing units in question are located. -3- II. REDEVELOPMENT IMPLEMENTATION (200) PROPERTY ACQUISITION AND MANAGEMENT (201) Acquisition of Real Property The Agency may for purposes of redevelopment, purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or any other lawful means any real or personal property, any interest in property, and any improvements on it ifa determination is made by the Agency that such acquisition is necessary to implement this Plan. Such acquisition does not include the employment of condemnation nor eminent domain proceedings, pursuant to Section 33342 and 33391(b) of the California Health and Safety Code, except as provided for in Section 211 ofthis Redevelopment Plan. The Agency may also acquire property already devoted to a public use, but property of a public body shall not be acquired without its consent. 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 full fee title. Properties may not be acquired by the Agency through the use of eminent domain if any of the following conditions exist: a. The real property is to be retained by an owner pursuant to a Participation Agreement and the owner fully performs under that agreement. Furthermore, the Agency shall not acquire through use of eminent domain, property owned by owners who have entered into and are performing under an Owner Participation Agreement as more specifically explained in the Participation by Owners and Tenants section of this Plan. -4- b. The real property is owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before the project is completed, unless the Agency and the private owner enter into a Participation Agreement and the owner completes his responsibilities under such an agreement. c. The real property is included within either the Terra Vista Planned Community or the Victoria Planned Community and is planned for residential use. (202) Acquisition of Personal Property Generally, personal property shall not be acquired. However, where necessary for the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. (203) Provert_v Management During such time as property 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 maintained, managed, operated, repaired, cleaned, rented or leased to an individual, family, business or other appropriate entity by the Agency pending is disposition for redevelopment. The Agency shall maintain all Agency-owned property that is not to be demolished in a reasonably safe and sanitary condition. Furthermore, the Agency may insure against risks or hazards, any of the real or personal property which it owns. In accordance with Section 33401 of the California Health and Safety Code, the Agency may in any year during which it owns property in the Project Area pay directly to any city, county, city and county district, including, but not limited to, a school district, or any other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt, an amount of money in lieu of taxes. -5- The Agency is not authorized to own and operate rental property acquired and rehabilitated in prospect of resale, beyond a reasonable period of time necessary to effect such resale. The Agency may also pay to any taxing agency with territory located within the Project Area other than the community which has adopted the project, any amount of money which the Agency determines is appropriate to alleviate any financial burden or detriment caused to any taxing agency by the redevelopment project. (210) PARTICIPATION BY OWN~ERS AND TENANTS (211) Participation Priorities Participation opportunities shall necessarily be subject to and limited by such factors as the land uses designated for the project Area: the provision of public facilities, realignment of streets; the ability of owners to finance acquisition and development of structures in accordance with this Plan; and any change in the total number of individual parcels in the Project Area. In order to provide an opportunity to owners and tenants to participate in the growth and development of the Project Area, the Agency has promulgated rules for owner and tenant participation.t If conflicts develop between the desires of participants for particular sites or land uses, the Agency has established reasonable priorities and preferences among the owners and tenants. Some of the factors considered in establishing the priorities and preferences included present occupancy, participant's length of residency or occupancy in the area, accommodation of as many participants as possible, similar land use to similar land use, conformity of participants' proposals with the intent and objectives of this Redevelopment Plan, ability to finance the implementation, development experience Owner Participation Rules adopted by the Redevelopment Agency of the City of Rancho C ucamonga by Resolution No. RA-81-9 adopted on November 4, 1981. -6- and total effectiveness of each participant's proposal in providing a service to the community. Owner participation priorities shall take effect at the time that this Redevelopment Plan is adopted by the Rancho Cucamonga City Council. In addition to opportunities for participation by individual persons and firms, participation to the extent it is feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, and other joint entities. Opportunities to participate shall be provided first to owners and tenants in the Project Area (if any) without competition with persons and firms from outside the Project Area. Secondary participation opportunities will be granted to owner occupants relocating within the Project Area in accordance with and as a result of Plan implementation. Third level priority shall be afforded existing tenants relocating within the Project Area in accordance with and as a result of Plan implementation. Last priority shall be accorded to firms and persons from outside the Project Area. Except as limited by Sections 201 a. and 201 c. of this Plan, if an owner/participant fails to perform as mutually agreed between the Agency and the owner, then the Agency shall have the authority to acquire the subject real property by any legal means including eminent domain proceeding pursuant to Section 33391(b) of the Health and Safety Code as an alternative to effectuate the purposes of this Plan. Such eminent domain proceedings, if employed to acquire property in the Project Area for purposes under this Plan's Section (211), shall be instituted in accordance with Section 33333.2 of the Health and Safety Code within 12 years of the adoption of this Plan, except that an extension to this time limit is permissible by Amendment of this Plan. (212) Participation Opportunities for Owners and Tenon _t-,~ Persons who are owners of residential, business and other types of real property in the Project Area shall be given the opportunity to participate in redevelopment by retaining all or a portion of their properties, by -7- acquiring adjacent or other properties in the Project Area, or where the Agency deems appropriate, by selling their properties to the Agency and purchasing other properties in the Project Area. The Agency spedfically intends to lirrdt acquisition of real property to those propert/es wh/ch are essential to accomplishing the objectives of this Plan. Persons who own property within the Project Area shall be afforded ample opportunities to retain and develop or rehabilitate their properties consistent with the objective of this Plan. (213) Re-Entry Preferences for Owners and Tenan~ The Agency shall extend preferences to persons who are engaged in bus/ness in the Project Area to re-enter into business within the Project Area, if they otherwise meet the requirements prescribed in this Plan. The AgenCy shall also extend preferences to Project Area tenants, if any, to re-enter within the Project Area if they otherwise meet the requirements prescribed in this Plan. Bus/ness, res/dent/al, institutional and sew/public tenants shall be permitted, if they so desire, to purchase and develop real property in the Project Area if they otherwise meet the requirements prescribed in this Plan. (214) participation Agreement-q At the Agency's option each participant may be required to enter into a binding agreement with the Agency by which the participant agrees to develop, rehabilitate, or use the property in conformance with this Plan and be subject to the provisions in the Participation Agreement. In such agreements, participants who retain real property shall be required to join in the recordation of such documents as is necessary to make the provisions of this Plan applicable to their properties. -8- (220) RELOCATION OF PERSONS, FAMIt,rE, S AND BUSINESSES (221) Relocation Assistance The Agency shall assist all persons (including families, business concerns, and others) displaced from the Project Area in accordance with a relocation method or plan as required in Section 33411 through Section 33411.4 of the Community Redevelopment Law. Before actual displacement occurs, the Agency will assure that within a reasonable period of time, there will be available comparable, decent, safe, and sanitary housing sufficient to meet the needs of the displacees and which are available at prices they can afford. The available housing may be located inside or outside the Project Area, but in any case, will be reasonably located. Permanent housing facilities shall be made available within three years from the time occupants are displaced and that 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. Business and institutional site occupants will be interviewed to determine their relocation needs and preferences, provided appropriate informational material, assisted in preparing relocation claims and assisted in finding other suitable locations within or outside the Project Area. (222) Relocation Payment-q The Agency shall make relocation payments to persons (including families, business concerns, and others) displaced by the project, for moving expenses and direct losses of personal property (businesses only) for which reimbursement or compensation is not otherwise made. In addition, the Agency will reimburse owners for certain settlement incurred in the sale of their property to the Agency, and make additional relocation payments to those eligible therefore. Such relocation payments shall be made pursuant to the Relocation Method adopted by the Agency. The Agency may make such other payments as may be appropriate and -9- for which funds are available. The Agency shall make all reasonable efforts to relocate individuals, families, and commercial and industrial establishments within the Project Area. (223) Temporary. Relocation Housing The Agency is authorized to provide temporary relocation housing on cleared sites within the Project Area. Such action by the Agency would be to provide additional safe, standard and decent relocation housing resources for families and businesses within the Project Area prior to permanent disposition and development of such cleared sites. If feasible and desirable, the Agency may also utilize sites outside the Project Area for providing relocation housing resources. The Agency is also authorized to provide temporary relocation housing in houses acquired by the Agency that are being held for sale and/or rehabilitation. (230) DEMOLITION, CLEARANCE, PUBLIC IMPROVEMENTS AND SITE PREPARATION (231) Demolition and Clearance The Agency is authorized to demolish and clear or move, or cause to be demolished and cleared or moved, buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. If in implementing this Plan any dwelling units housing persons and families of low or moderate income are destroyed or removed from low and moderate income housing market as part of the Redevelopment Project, the Agency shall, within four years of such destruction or removal, rehabilitate, develop, or reconstruct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable costs within the Project Area or within the territorial jurisdiction of the Agency, in accordance with all of the provisions of Sections 33413 and 33423.5 of the California Health and Safety Code. -10- (232) Public Improvements The Agency is authorized by California Health and Safety Code Section 33445 to 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 without the Redevelopment Project Area necessary to carry out this plan. It is contemplated that acquisition of property and the installation and construction of the following buildings, facilities, structures, or other improvements, may be undertaken as part of this Redevelopment Plan: 1. Day Creek/Etiwanda Creek These improvements would consist of the construction of adequate headworks to intercept the storm flows northerly of the Project Area, along with the necessary channels through the Project Area and an adequate outlet for the storm flows downstream of the Project Area. 2. 1-15 Foothill Boulevard Interchang~ The development of the Project Area, will require the upgrading of Foothill Boulevard/I-15 Interchange to adequately provide for traffic as outlined in the City's Traffic Plan. 3. 1-15 Seventh Street Interchange This interchange is necessary for the orderly growth of the area and will serve the cities of Rancho Cuc~monga and Ontario in addition to the Project Area. 4. Completion of drainage system per City's Master Planof storm drains To eliminate flooding Day/Etiwanda Creek and Deer drainage areas, it is necessary to construct an adequate drainage system to collect the storm waters and discharge into the appropriate creek. -11- 5. Milliken Avenue Grade Separation at the Atchison, Topeka & Santa Fe Railroad Milliken Avenue is a major planned north-south street to serve the Project Area and cities of Rancho Cucamonga and Ontario. The ultimate development of the street requires a grade separation at the Atchison Topeka & Santa Fe crossing. 6. Haven Avenue Grade Separation at Atchison Topeka & Santa Fe Railroad Haven Avenue is a major north south street within the Project Area that also serves the cities of Rancho Cucamonga and Ontario. The grade separation at the Atchison Topeka & Santa Fe railroad is vital for traffic safety on this street. 7. Deer Creek Bridges The city's wide traffic analysis indicates the need to widen the proposed bridges across Deer Creek at 6th Street, Milliken Avenue, Church Street and Baseline Road. Other bridges may also be needed to accommodate future development. 8. Traffic Signal & Controls The traffic projections within and through the Project Area will require the construction ora coordinated traffic signal system on the major arteries. The following proposed streets should be signalized to provide smooth coordinated traffic flow: Haven Avenue, Baseline Road, east of Haven Avenue, Milliken Avenue, Foothill Blvd., Arrow Route, 6th Street, Fourth Street, Etiwanda Avenue, and Day Creek Boulevard. Other traffic signals may also be needed to accommodate future development. 9. Other City Program A. Hellman Avenue, widening at Foothill Blvd., drainage protection and traffic signals. B. Turner Avenue, signals at Foothill Blvd., widening and correction of drainage. - 12- C. Turner Avenue at Atchison Topeka & Santa Fe Railroad crossing, widening and correction ofdrainage deficiencies. D. Arrow Route, Archibald to Haven Avenue, widening. E. Etiwanda Avenue, 7th Street to Arrow Route, reconstruction and widening. F. Church Street, Center Avenue to Haven Avenue, street widening. G. Development of parks and recreation areas and facilities w/thin the Project Area. 10. City/County Administrative Civic Center Construction of onsite and offsite public improvements, including, but not limited to, streets, roadways, storm drains, sanitary sewers, water system, and all other pertinent public improvements necessary to provide service for a central jail facility, located within the City of Rancho Cucamonga. 11. Water System Upgrade water system to provide service for additional developments. 12. Sewer System Current sewer treatment plant does not have adequate capacity for additional developments. 13. Industrial Sewer Tanks Additional capacity necessary for industrial development. 14. Fire Protection Facilities Due to the expected increase in population and development, four proposed fire stations are to be located within the Project Area; one - 13- within the Victoria Plan Community, one within the Terra Vista Planned Community and two within the Industrial Specific Plan. 15. Improvements Added by Amendment No.1 Construction of improvements to Foothill Boulevard and construction of multi-use community and cultural facilities at locations to be determined. The Agency and the City have determined 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, and that no other reasonable means of financing such buildings, facilities, structures or other · improvements, are available to the community of Rancho Cucamonga. (233) Temporary Public Improvemen~q The Agency is authorized to install and construct or cause to be installed and constructed temporary public improvements and temporary public utilities necessary to carry out the Plan. Such temporary public improvements shall include, but are not limited to, streets, public facilities and utilities. Temporary utilities may be installed above ground. (234) Building Site Preparation 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. (240) REHABILITATION AND CONSERVATION OF STRUCTURES (241) Rehabilitation of Structures The Agency is authorized to rehabilitate and conserve or cause to be rehabilitated and conserved any building or structure in the Project Area owned by the Agency. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. - 14- The Agency and the City may conduct a rehabilitation program to encourage owners of property within the Project Area to upgrade and maintain their property consistent with City codes and standards developed for the Project Area. Properties may be rehabilitated provided that rehabilitation and conservation activities on a structure are carried out in an expeditious manner and in conformance with this Plan. (242) Moving of Structures As is necessary 'in carrying out this Plan and where it is economically feasible to so do, the Agency is authorized to move or cause to be moved any standard structure or building when it can be rehabilitated to a location within or outside the Project Area. (250) REAL PROPERTY DISPOSITION AND DEVELOPMENT (251) General Requirements ' For the purpose of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, enct~m_ber by mortgage or deed oft. rust, or otherwise dispose of any interest in real property. The Agency shall lease or sell all real property acquired by it in the Project Area, except property conveyed by it to the community. All real property acquired by the Agency in the Project Area shall be sold or leased for development at prices which shall not be less than fair market value for uses permitted under this Plan except when a lesser consideration is necessary to effectuate the purposes of this Plan. Property containing buildings or structures rehabilitated by the Agency shall be offered for resale within one year after completion of rehabilitation or an annual report concerning such property shall be published by the Agency as required by Section 33443 of the California Health and Safety Code. All purchasers or lessees of property in the Project Area shall be obligated to use the property for the purposes designated in this Plan, to begin and - 15- 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. (252) Disposition and Development Doc~ment~ To provide adequate safeguards ensuring 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 shall be made subject to the provisions of this Plan by lease, deeds, contracts, agreements, declarations, provisions of the zoning ord/nance, conditional use permits, or other lawful means. Where determined appropriate by the Agency, such documents or portions thereof shall be recorded in the Office of the Recorder of the County of San Bernardino. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, convenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. All deeds, leases, or contracts for the sale, lease, sublease, or other transfer of any land in a redevelopment project shall contain the provisions and nondiscrimination clauses prescribed in Section 33435 and 33436 of the Redevelopment Law. (253) .Development by Pa, rticipant.~ Pursuant to the provisions of this Plan and the rules adopted by the Agency, the Agency shall, as appropriate, offer real property in the Project Area for purchase and development by owner participants and tenant participants who have appropriately expressed an interest in participating prior to the time that real property is made available for purchase and development by persons who are not owners or tenants in the Project Area. - 16- (254) Development by A~ency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any buildings, facilities, structures, or other improvements either within or outside the Project Area for itself or for any public body or entity if a determination is made that such improvements would be of benefit to the Project Area and that no other reasonable means of financing such construction is available to the community. During the period of development in the Project Area, the Agency shall ensure that the provisions of this Plan and 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. The Agency shall require that development plans (whether public or private) conform to the requirements of this Plan, City's General Plan and zoning ordinances as well as all other local requirements formulated pursuant to this Plan. In order to insure that the requirements of this Plan are carried out, the Agency may, as it deems necessary, require that development plans (whether public or private) shall be submitted to it for review and approval. All development must conform this Plan and all applicable federal, state and local laws as amended from time to time, and must receive the approval of appropriate reviewing public agencies. (255) Personal Property Disposition For purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property that has been acquired by the Agency. -17- III. DEVELOPMENT IN THE PROJECT AREA (300) AGENCY COOPERATION WITH OTHER JURISDICTIONS (301) Agency/City Cooperation Subject to any limitation in law, the City will aid and cooperate with the Agency in carrying out this Plan and may take any further action necessary to insure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread of blight or those conditions which caused the blight in the Project Area. Actions by the City may include, but are not necessarily limited to, the following: --- Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City may include the abandonment and relocation of public utilities in the public right-of-way necessary to carry out this Plan. --- Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project Area. --- Revisions to the General Plan and zoning as necessary within the Project Area to permit the land uses and development authorized by this Plan. --- Imposition wherever necessary of appropriate design controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. --- Provision of administration/enforcement of this Plan by the City after development --- Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in - 18- accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. --- The initiation and completion of any other proceedings necessary to carry out the project. The Agency is authorized, but not obligated, to provide and expend funds to ensure the completion of the project as a whole in accordance with this Plan. The obligation of the Agency to perform the actions indicated in this section shall be contingent upon the continued availability of funding for this project primarily from tax increment revenues as defined in Section 502 hereof. However, the Agency may utilize any legally available sources of revenue for funding projects in accordance with this Plan. (302) Cooperation With Other Public Jurisdictions Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, construction, or operation of this project. The Agency shall seek the aid and cooperation of such public bodies and shall 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. However, the Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. - 19- (310) LAND USES FOR THE PROJECT AREA (311) Conformance to City's General Plan Exhibit 1 and the legal description attached as Appendix A and incorporated herein illustrate the Project Area boundaries and immediately adjacent streets. The proposed land uses as described in the following sections conform to the General Plan and also conform to existing specific and Community Plans which have been adopted for certain portions of the Project Area. (See Exhibit 2 for General Plan and Proposed Land Uses.) The Redevelopment Plan's main purpose is to facilitate the provision of needed public improvements and thereby enables development of underutilized areas by providing feasible financing mechanisms. All of the proposed redevelopment activities conform to the General Plan and more specifically, conform to all elements of the General Plan which include: land use, circulation, housing, conservation, open space, seismic safety, noise, community design (includes scenic highways) and safety elements. All elements in the General Plan contain objectives for achieving established goals, the implementation of which will be enhanced by the Redevelopment Plan. (312) General Commercial Uses The lack of adequate commercial uses within the Project Area has made the City aware of the need for additional commercial locations in this acea. The commercial uses are generally located along Foothill Boulevard. Vacancies and deteriorated structures have caused shoppers to move to newer locations to do their shopping. Therefore, new general commercial land uses are designated for the corner of Haven Avenue and Arrow Route, along Foothill Boulevard and in the vicinity of Day Creek and Foothill Boulevard. A regional shopping center planned to be located in the vicinity of the Devore Freeway/Foothill Boulevard Interchange anticipates adequate provision for sufficient retail commercial space within the proposed Project Area. The retention of existing commercial uses contemplates the revitalization and reoccupancy of the area. - 20 - (313) Residential Uses The Housing Element of the Rancho Cucamonga General Plan indicates the need for providing affordable housing within the City. It is anticipated that the development of residential uses of approximately 17,800 units in the Project Area will go forward with a minimum of Agency involvement. The Agency will minimize the use of tax increment funds in favor of other financing techniques or revenues if the use of such alternative means does not compromise the Agency's objectives for the Project Area. (314) Industrial Uses The entire southern portion of the Project Area contains 5,000 acres which comprise the industrial portion of the City. Major portions of this industrial area are within the flood hazard area which serves as a major impediment to development. Overall development guidelines for this area are contained in the Industrial Specific Plan. (320) PUBLIC USES FOR THE PROJECT AREA (321) Public Street Layout, Rights-of-Way and Easemen _t-~ The public rights-of-way, easements, and principal streets proposed or existing in the Project Area are shown on Exhibit 3, Proposed Plan Objective Map. Such streets and rights-of-way may be widened, altered, abandoned, vacated, or closed by the Agency and the City as necessary for proper development of the Project. Additional public streets, alleys and easements may be created by the Agency and the City in the Project as needed for proper circulation. The public rights-of-way shall be used for vehicular and 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 and created. -21 - (322) Semi-Public~ Institutional, and Nonprofit Uses In any portion of the Project Area the Agency is authorized to permit the establishment or enlargement of semi-public, institutional and nonprofit uses. All such uses shall conform so far as possible with the provisions of this Plan applicable to the uses in the special area involved. The Agency shall impose such other reasonable restrictions as are necessary to protect the development and use of the Project Area. (330) DEVELOPMENT STANDARDS (331) Conformance With This Plan 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 date of the adoption of this Plan except in conformance with the provisions of this Plan. In order to insure that the requirements of this Plan are carried out, the Agency may, as it deems necessary, require that development plans (whether public or private) shall be submitted to it for review and approval. (332) New Construction All construction in the Project Area shall comply with and meet or exceed all applicable state and local laws in effect as amended from time to time including, but not necessarily limited to, fire, building, electrical, zoning, plumbing, sign and subdivision codes of the City of Rancho Cucamonga. (333) Incomoatible Uses No use or structure shall be permitted in any part of the Project Area which would be incompatible with the surrounding areas, structures or uses because of appearance, traffic, smoke, glare, noise, odor, or similar factors. -22- (334) Subdivision or Consolidation of Parcels No parcels in the Project Area, including any parcels retained by a participant, shall be subdivided or consolidated without the prior approval of the Agency. In order to insure that the requirements of this Plan are carried out, the Agency may as it deems necessary, require that development plans (whether public or private) shall be submitted to it for review and approval. (335) Limitation of Building Density The number of buildings in the Project Area will be consistent with building intensities permitted pursuant to existing local ordinances or · resolutions for the City of Rancho Cucarnonga. (336) Limitation on Type, Size and Height of Buildings The height, type and size of buildings shall be limited by applicable state statutes and local building and zoning codes and other applicable codes and ordinances as amended from time to time and this Plan. Where a conflict exists between such local codes and ordinances and specific provisions of this Plan, this Plan shall supersede. All new buildings constructed within the Project Area shall complement the overall aesthetic and physical scale of the existing buildings, if any, adjacent to the Project Area. (337) Open Space, Landscaping, and Parking The Rancho Cucamonga General Plan provides for open space in the form of parks, median strips, recreational areas, school grounds, public rights- of-way and areas created by building set-back requirements and limits on land coverage. The approximate amount of open space to be provided in the Project Area is the total of all these areas. Within the Project Area, both public and private streets and public and private parking shall be provided for in each development consistent with - 23 - or exceeding City codes and ordinances in effect and as amended from time to time. Any private streets or off-street parking must also comply with regulations imposed by this Plan. (338) Light, Air and Privacy In all areas sufficient space shall be maintained between buildings and structures and the densities of such buildings and structures shall be restricted to provide adequate light, air, and privacy. (340) DEVELOPMENT REQUIREMENTS (341) Nondiscrimination and Nonsegregation Restricting the rental, sale or lease of property on the basis of race, color, religion, sex, marital status, ancestry or national origin of any persons by lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as a part of a redevelopment project is prohibited. Redevelopment agencies, in accordance with Section 33435 of the California Health and Safety Code shall obligate said lessees and purchasers to refrain from discriminatory practices. In accordance with Section 33436 of the California Health and Safety Code, 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 real property in the Project Area shall include the following provisions: In deed the following language shall appear: "The grantee herein covenants by and for himself, his 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 or 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 himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or - 24 - segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases the following language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subjected to the following conditions: 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, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 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 Area 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 instr~lment. (342) Minor Variations Under exceptional circumstances, the Agency is authorized to permit minor variations from the limits, restrictions, and controls established by this Plan. In order to permit such minor variations, the Agency must determine that: - 25 - purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment 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 Bernardino last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the project on said effectivedate); and -- that portion of the levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Redevelopment Agency to pay the principal of and interest on loans, monies, advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by such Redevelopment Agency to finance or refinance, in whole or in part; such redevelopment project. Unless and until the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in such project as shown by the last equalized assessment roll referred to above, all of the taxes levied and collected upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. -- That portion of taxes discussed in this Subsection is hereby irrevocably pledged for the payment of the principal of and interest on the advance of monies, or the making of loans, or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance in whole or in part in Rancho Redevelopment Project. -- The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the project, subject to the limitations on allocation of taxes, debt creation, and bonded indebtedness contained in this Subsection. -30 - -- Taxes levied in a Project Area and allocated to the Agency as provided in Section 33670 of the California Health and Safety code may be used anywhere within the territorial jurisdiction of the Agency to finance the construction or acquisition of public improvements which will enhance the environment of a residential neighborhood containing housing for persons and families of low or moderate income, and public improvements which will be of benefit to the Project Area with the additional restriction that public improvements shall be limited to street improvements; water, sewer, and storm drain facilities; and neighborhood parks and related recreational facilities. (503) Issuance of Bonds and Notes The Agency may issue bonds or notes when a determination has been made that such financing is required and feasible. Such bonds or notes shall be issued only after the Agency has determined that funds are, or will be, available to repay principal and interest when due and payable. In any case, the issuance of bonds or notes shall be subject to the limitations stipulated in Section 505 below. (504) Loans and Grants Any other loans, grants, or financial assistance from the United States, or any other public or private source will be utilized subject to the limitations of Section 505 below as the Agency deems appropriate to its purposes. (505) Financing Limitations Consistent with Section 33333.2 and 33334.2 of the California Community Redevelopment Law, the following limitations are imposed on this Plan: -- Taxes as defined in Section 33670 of the California Community Redevelopment Law shall not be divided and shall not be allocated to the Agency in excess of $100,000,000 during any one fiscal (tax) year except by amendment of this Plan. -31 - -- No loans, advances, or indebtedness to finance in whole or in part the Rancho Redevelopment Project, and to be repaid from the allocation of those taxes described in the before-mentioned Section 33670 shall be established or incurred by the Agency beyond twenty (20) years from the date of adoption of this Plan by the City Council unless the time limitation is extended by amendment of this Plan. However, such loans, advances or indebtedness may be repaid over a period of time longer than such time limit. -- From time to time as may be appropriate, the Agency may issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the principal and interest are payable in whole or in part from tax increments. The total outstanding principal of any bonds, so issued and repayable from said tax increments, shall not exceed $500,000,000 at any one time except by amendment of this Plan. -- Not less than 20% of all taxes which are allocated to the Agency pursuant to Section 33670 shall be held in a separate low and moderate income housing fund and used by the Agency for the purposes of increasing and improving the community's supply of housing for persons and families of low or moderate income, as defined in Health and Safety Code Section 50093 and very low income households as defined in Section 50105, unless one of the following findings are made: a. That no need exists in the community, the provision of which would benefit the Project Area to improve or increase the supply of low-or moderate-income housing; or b. That some stated percentage less than 20% of the taxes which are allocated to the Agency pursuant to Section 33670 is sufficient to meet such housing need; or c. That a substantial effort to meet low-and moderate-income housing needs in the community is being made, and that this effort, including the obligation of funds currently available for the benefit of the community from state, local, and federal sources for low- and - 32 - moderate-income housing alone or in combination with the taxes allocated, under this section, is equivalent in impact to the funds otherwise required to be set aside pursuant to this section. The City Council of the City shall consider the need that can be reasonably foreseen because of displacement of persons and families of low or moderate income or very low income households from within or adjacent to the Project Area, because of increased employment opportunities, or because of any other direct or indirect result of implementation of this Plan. The Agency may use such tax funds inside the Project Area, or, upon resolution of the Agency and the City Council that such use will be of benefit to the Project, outside the Project Area. Unless the City Council finds before this Plan is adopted, that the provision of low and moderate income housing outside the Project Area will be of benefit to the Project, the Project Area shall include property suitable for low and moderate income housing. (506) General Method of Financing the Redevelopment Proiect A. Tax Allocation Financing The primary source of funds for financing the major public improvements within the redevelopment project are expected to be from the issuance of Tax Allocation Bonds. During the earlier years of the redevelopment project, shorter term bonds or notes with terms of perhaps two to three years will be considered for issuance based upon tax increment revenue anticipated to be generated from initial developments which may be in progress and expected developments pursuant to agreements with developers. Construction of public improvement projects will be phased to correspond with the availability of funds. As the development phase of the redevelopment project progresses, larger and longer term bonds will be issued to permanently finance the major public improvements. As an alternative and supplementary to tax allocation bond financing for the construction of public buildings, which will benefit the - 33 - Redevelopment Project Area, the Redevelopment Agency could issue Lease Revenue Bonds or Lease Participation backed by the City's agreed lease payments to the Agency for use of the public buildings. B. Mortgage Revenue Bonds To facilitate the development of affordable housing and attract families with spendable income which will in turn improve the economic base of the Redevelopment Project Area, Mortgage Revenue Bonds will be considered for issuance to provide below market interest rate loans for new home buyers. The construction of new residences will further augment the tax base for issuing the required Tax Allocation Bonds discussed above. C. Conduit Financing There are several financial mechanisms available through the Agency which could facilitate and may determine the'economic feasibility of industrial, commercial and public facilities. As they become viable given the economic conditions then prevailing, the Agency could issue the following: 1. Commercial Revenue Bonds - for commercial uses which are integral to the neighborhood. 2. Industrial Development Bonds - primarily for manufacturing uses. 3. Certificates of Participation Financing D. Federal Funding Programs The Agency will seek Urban Development Action Grants, Community Development Block Grants, and Economic Development Program funds to finance the redevelopment project in concert with the previously discussed sources of financing. - 34 - E. Special Assessment Financing This method is already employed by the City of Rancho Cucamonga and will continue to be employed as appropriate. F. Community Facilities Districts This method is already employed by the City of Rancho Cucamonga and will continue to be employed as appropriate. -35 - VI. SPECIAL ADMINISTRATIVE PROVISIONS (600) ENFORCEMENT AND DURATION OF PLAN (601) Enforcement Upon adoption, the administrative enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or Agency, as appropriate. 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, reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. (602) Duration Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents, formulated pursuant to this Plan may be made effective for 40 years from the date of adoption of this Plan by the City Council. (603) Procedure for Amending P!zn This Plan may be amended by means of the procedure established in Section 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by Law. - 36 - A P P E N D ! X - LEGAL DESCRIPTION -37- RANCHO REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION That real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: Beginning at the intersection of the centerline of Highland Avenue, 60 feet wide, State Highway No. 190, and the East line of Hanley Avenue, 30 feet wide; thence Easterly, 1,320 feet, more or less, along said centerline of Highland Avenue, to the Northerly projection of the Easterly line of that certain parcel, shown in San Bernardino County Assessor's Map Book 227, Page 03, Block 031, as Parcel 2, the same being the Northerly projection of the Westerly line of Lot 2, Block I, of the Etiwanda Colony Land Subdivision, C.S. File 474, recorded in Book 2, Page 24; thence Southerly along a line parallel to said East line of Hanley Avenue and its Southerly projection, along the Westerly line of Lots 2, 7, 10, and 15, Block I, Lots 2, 7, 10, 15, Block J, Lots 2, 7, 10, and 15, Block S, of said Etiwanda Colony Lands Subdivision, further described as Southerly, along the Northerly projection and Easterly line of said Parcel 2, continuing Southerly along the Easterly line of Parcel 9 in said County Assessor's Map Book 227, Page 03, Block 031, continuing Southerly along the Easterly line of Parcel 2 in said County Assessor's Map Book 227, Page 04, Block 041, continuing Southerly along the Easterly line of Parcel 13, shown in said County Assessor's Map Book 227, Page 04, Block 041, to the Northerly line of Victoria Avenue, 66 feet wide; thence Southerly, across said Victoria Avenue, along the Northerly projection and Easterly line of Parcel 3, shown in said County Assessor's Map Book 227, Page 10, Block 101, continuing Southerly along said Parcel 3, continuing Southerly along the Southerly projection and easterly line of Parcel I in said County Assessor's Map Book 227, Page 10, Block 101, to the Northerly line of the Southern Pacific Railroad right-of-way, 100 feet wide; thence continuing Southerly, 1,420 feet, along the Northerly projection and the Easterly line of Parcel 17, shown in said County Assessor's Map Book 227, Page 11, Block 111, to the Northerly line of Baseline Avenue, 66 feet wide; thence continuing Southerly along the Southerly projection of the East line of said Parcel 17, along the Easterly line of Parcels 8, 9, 20, and the - 42 - Southerly projection of said parcels, shown in said Assessor's Map Book 227, Page 17, Block 171, to the Westerly projection of the centerline of Miller Avenue, 66 feet wide; thence S 89° 41' 50" E, along said centerline of Miller Avenue, to the centerline of Etiwanda Avenue, 80 feet wide; thence Southerly along the said centerline of Etiwanda Avenue, to the Southerly City boundary line of said City of Rancho Cuc-monga, said City Boundary also being the Northerly City boundary of the City of Ontario, and the centerline of Fourth Street, 120 feet wide; thence Westerly, along said City boundary line, to the centerline of Archibald Avenue, 100 feet wide; thence Northerly, along the said centerline of Archibald Avenue, to the centerline of Feron Boulevard, 68 feet wide; thence S 89° 50' 10" E, 2663.17 feet, along said centerline of Feron Boulevard, to the centerline of Turner Avenue, 80 feet wide; thence Northerly along said centerline of Turner Avenue, to the Westerly projection of the South line of Tract No. 9337, recorded in Map Book 134, Pages 65 and 66, in the Office of the Recorder of said County, said Southerly line being 132 feet, more or less, Southerly of the centerline of Devon Street, 60 feet wide; thence S 89° 27" 36' E, 822.74 feet, along said Westerly projection and South line of Tract No. 9337, to the East line of said Tract No. 9337; thence N 0° 08' 34" W, 979.86 feet, along said East line of Tract No. 9337, to the North line ofsaid Tract No. 9337; thence N 89° 19' 32" W, 822.32 feet, along said North line of Tract No. 9337, to the said centerline of Turner Avenue, thence Northerly, along said centerline of Turner Avenue, to the centerline of Foothill Boulevard, 110 feet wide; thence S 89° 35' 40" W, 1329.57 feet, along said centerline of Foothill Boulevard, to the Northerly projection of the East line of Ramona Avenue, 55 feet wide; thense S 0° 07' 00' E, 340 feet, more or less, along said East line of R-mona Avenue, to the Easterly projection of the South line of an alley, 20 feet wide; thence S 89° 54' 40" W, 937.78 feet, more or less, along said Westerly projection and South line of the alley, said South line also being the North line of Lots No. 101 through 115 of Tract No. 3054, recorded in Map Book 54, Pages 14 and 15, in the Office of the Recorder of said County; thence N 44° 03' 20" W, 167.11 feet, continuing along said South line of the alley; thence S 89° 56' 00" W, 275.89 feet, to the centerline of said Archibald Avenue; thence S 0° 05' 20" E, 121 feet, more or less, along said centerline of Archibald Avenue, to the Easterly projection of the South line of an alley, 10 feet wide, said South line of the alley also being the North line of Tract No. 5121, recorded in Map Book 64, Page 18, in the Office of the Recorder of said County; thence S 89° 59' 07" W, 1338.26 - 43 - feet, along said North line of Tract No. 5121, to the West line of said Tract No. 5121; thence S 0° 03' 12" E, 331.04 feet, along said West line of Tract No. 5121, to the North line of Tract No. 9083-1, recorded in Map Book 129, Pages 11 through 13, in the Office of the Recorder of said County; thence S 89° 58' 44" W, 1338.33 feet, along said North line of Tract No. 9083-1, and continuing along the Westerly projection and North line of Tract no. 9083-2, recorded in Map Book 130, Pages 14, and 15, in the Office of the Recorder of said County, to the centerline of Hellman Avenue, 74 feet wide; thence N 89° 40' 22" W, along the North line of Tract No. 9617, recorded in Map Books 137, Pages 56 through 59, in the Office of the Recorder of said County, and continuing along the Westerly projection of said North line of Tract No. 9617, to the Southerly projection of the centerline of San Diego Avenue; thence Northerly, along the said Southerly projection and centerline of San Diego Avenue, to a line parallel with the said centerline of Foothill Boulevard and 524 feet Northerly of said centerline of Foothill Boulevard; thence Easterly, along said line parallel with the centerline of Foothill Boulevard, to the centerline of Carnelian Avenue, 60 feet wide; thence Northerly, along said centerline of Carnelian Avenue, to the centerline of San Bernardino Road, 60 feet wide; thence S 88° 06' 00" E, 1500.02 feet, along said centerline of San Bernardino Road, to the Northerly projection of the West line of Tract No. 9297, recorded in Map Book 130, Pages 65 and 66, in the Office of the Recorder of said County; thence S 14° 33' 28" W, 162.40, along said Northerly projection and West line of Tract No. 9297; thence S 0° 12' 37' W, 314.89 feet, along the West line of said Tract 9297, to the South line of said Tract No. 9297; thence S 89° 46' 53" E, 1185 feet, along said South line of Tract 9297, to the centerline of Helhnan Avenue, 63 feet wide; thence N 0° 08' 14~ E, 438.71 feet, along said centerline of Hellman Avenue, to the said centerline of San Bernardino Road; thence S 87° 56' 00' E, 2000.00 feet, along said centerline of San Bernardino Road, to the centerline of Klusman Avenue, 66 feet wide; thence S 0° 08' 00" W, 385 feet, more or less, along said centerline of Klusman Avenue, to the centerline of Estacia Street, 50 feet wide; thence Easterly, 676.25 feet, more or less, along said centerline of Estacia Street, to the said centerline of Archibald Avenue; thence Northerly, 345 feet, more or less, along said centerline of Archibald Avenue, to the Westerly projection of the North line of Tract No. 9409, recorded in Map Book 135, Pages 85 through 87, in the Office of the Recorder of said County; thence N 89° 05' 36" E, 667.88 feet, more or less, along said Westerly projection and North line of - 44 - Tract No. 9409; thence N 0° 03' 07" W, 677.05 feet; thence S 89° 56' 53" W, 667.88 feet, to the said centerline of Archibald Avenue; thence N 0° 03' 48" W, 676.89 feet, along said centerline of Archibald Avenue; thence N 89° 57' 15" E, 663.44 feet; thence N 0° 06' 21" W, 505.81 feet; thence N 89° 57 38" E, 230.77 feet; thence N 0° 6' 21" W, 185 feet, to the centerline of Church Street, 88 feet wide; thence Easterly, 465.91 feet, along said centerline of Church Street, to the Centerline of RAmona Avenue, 66 feet; thence S 0° 08' 53" E, 2044.96 feet, more or less, along said centerline of RAmona Avenue, to the Easterly project/on of the North line of said Tract No. 9409; thence N 89° 05' 36" W, 664.36 feet, along said North line of Tract No. 9409, and continuing along the boundary lines of said Tract No. 9409, through the following bearings and d/stances: S 00° 15' 13" E, 10.62 feet; S 89° 56' 25" W, 289.25 feet; S 00° 03' 56' E, 496.76 feet; N 89° 55' 32" E, 288.51 feet; N 89° 56' 23' E, 348.51 feet; Northeasterly, 105.45 feet; N 00° 08' 28' W, 15.00 feet; thence N 89° 55' 45' E, 232.87 feet, to the said centerline of RAmona Avenue; thence N 0° 08' 28' W, 416.75 feet, along said centerline of RAmona Avenue, to the Westerly project/on of the South line of Tract 9422-1, recorded in Map Book 137, Pages 10 through 13, in the Office of the Recorder of said County; thence N 89° 56' 52' E, 664.67 feet, along said South line of Tract 9422-1, to the West line of Tract 9153 recorded in Map Book 130, Pages 22 through 24, in the Office of the Recorder of said County; thence S 0° 11' 25' E, 330 feet, more or less, along said West line of Tract No. 9153, to the South line of said Tract No. 9153; thence N 89° 36' 14" E, 664.97 feet along said South line of Tract No. 9153, to the centerline of Turner Avenue, 66 feet wide; thence N 0° 14' 30" W, 330.97 feet, along said centerline of Turner Avenue, to the Westerly project/on of the South line of Tract 5591, recorded in Map Book 67, Pages 61 and 62, in the Office of the Recorder of said County; thence S 89° 30' 45" E, 689.32 feet, along said Westerly project/on and South line of Tract 5591, to the South line of Tract 5592, recorded in Map Book 69, Pages 38 and 39, in the Office of the Recorder of - 45 -