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HomeMy WebLinkAboutAmended & Restated Redevelopment Plan Rancho Laguna Area No. IIFOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. 11 01 M November 24, 2008 Adopted on , 2009 by Ordinance No. 2. 331] Moving of Structures .......................................................... .............................12 K. 332] LOW AND MODERATE INCOME HOUSING .................................... .............................13 1. 333] Authority Generally ............................................................ .............................13 2. 334] Replacement Housing ........................................................ .............................13 3. 335] Increase, Improve and Preserve the Supply ....................... .............................13 4. 336] New or Rehabilitated Dwelling Units Developed within the Project Area .........14 5. 337] Duration of Dwelling Unit Affordability and Agency Monitoring .......................15 L. 338] IMPLEMENTATION PLANS ........................................................... .............................16 IV. 400] USES PERMITTED IN THE PROJECT AREA ...................... .............................16 A. 401] PERMITTED LAND USES ........................................................... .............................16 B. 402] OTHER LAND USES .................................................................. .............................17 1. 403] Public Rights -of- Way .......................................................... .............................17 2. 404] Other Public, Semi - Public, Institutional, and Non - profit Uses ..........................17 3. 405] Interim Uses ....................................................................... .............................18 4. 406] Non - conforming Uses ........................................................ .............................18 C. 407] GENERAL CONTROLS AND LIMITATIONS ..................................... .............................18 1. 408] Construction ....................................................................... .............................18 2. 409] Rehabilitation and Retention of Properties ......................... .............................18 3. 410] Limitation on the Number of Buil dings ................................ .............................19 4. 411] Number of Dwelling Units ................................................... .............................19 5. 412] Limitation on Type, Size, and Height of Buildings ............... .............................19 6. 413] Open Spaces, Landscaping, Light, Air, and Privacy ........... .............................19 7. 414] Signs .................................................................................. .............................19 8. 415] Utilities ............................................................................... .............................19 9. 416] Incompatible Uses ............................................................. .............................19 10. [ §417] Non - discrimination and Non - segregation .......................... ............................... 20 11. [ §418] Minor Variations ................................................................ ............................... 20 D. 419] DESIGN FOR DEVELOPMENT ..................................................... .............................20 E. 420] BUILDING PERMITS .................................................................. .............................21 V. [ §500] METHODS OF FINANCING THE PROJECT ........................ .............................21 A. [ §501] GENERAL DESCRIPTION OF THE PROPOSED FINANCING METHOD ............................21 B. [ §502] TAX INCREMENT FUNDS ........................................................... .............................22 C. [ §503] BONDS, ADVANCES AND INDEBTEDNESS ................................... .............................23 D. [ §504] TIME LIMIT ON ESTABLISHMENT OF INDEBTEDNESS .................... .............................24 E. [ §505] TIME LIMIT ON RECEIPT OF TAX INCREMENT .............................. .............................24 F. [ §506] OTHER LOANS AND GRANTS ..................................................... .............................24 VI. [ §600] ACTIONS BY THE CITY ....................................................... .............................24 VII. [ §700] ENFORCEMENT .................................................................. .............................26 VIII. [ §800] DURATION OF THIS PLAN ................................................. .............................26 IX. [ §900] PROCEDURE FOR AMENDMENT ....................................... .............................26 Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page ii PA0808004.LE:PA:gbd 15190.005M4/11/24/08 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II 100] INTRODUCTION The City of Lake Elsinore has three redevelopment projects, Rancho Laguna Redevelopment Project Area No. I, Rancho Laguna Redevelopment Project Area No. II, and Rancho Laguna Redevelopment Project Area No. III ( "Project Areas "). The Project Areas have separate redevelopment plans that describe the Agency's authorities, responsibilities and limitations in implementing redevelopment in the Project Areas. This is the amended and restated redevelopment plan ( "Redevelopment Plan" or "Plan ") for the Rancho Laguna Redevelopment Project Area No. II ( "Project" or "Project Area ") in the City of Lake Elsinore ( "City "), County of Riverside ( "County "), State of California. This Plan was prepared by the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") pursuant to the California Community Redevelopment Law ( "Community Redevelopment Law" or "CRL "; Health and Safety Code Section 33000 et seq.), the California Constitution, and all applicable local laws and ordinances. The proposed redevelopment of the area within the Project Area conforms to the City's General Plan ( "General Plan "), as amended from time to time, and as applied in accordance with local codes and ordinances. The Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II ( "Original Redevelopment Plan ") was adopted by the City Council of the City of Lake Elsinore ( "City Council ") by Ordinance No. 671, on July 18, 1983 and thereafter has been amended twice by Ordinance No. 987 adopted on November 8, 1994 and by Ordinance No. 1249 on February 26, 2008. The Project Area includes three non - contiguous areas. One of the areas is at the western end of the Lake and is generally bounded by Grand Avenue, Machado Street and Ryan Avenue. The Project Area also includes an area at the southeast end of the Lake generally bounded by Lakeshore Drive /Mission Trail, Corydon Road, Palomar Road, Stoneman Street and Marjorie Street. The largest area is set in the northeastern portion of the City, generally bounded by the 15 Freeway, Lugonia Street and the City limits. A. f §1011 Proiect History The Original Redevelopment Plan was adopted by Ordinance No. 671 on July 18, 1983 consisted of three non - contiguous areas totaling approximately 4,870 acres. The Original Redevelopment Plan has been amended twice since the Project's adoption. The first amendment adopted by Ordinance No. 1249 on February 26, 2008 amended the time limits in accordance with Assembly Bill 1290. The second amendment adopted Redevelopment Plan for the Rancho Laguna Redevelopment Project No, II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 1 PA0808004.LE:PA:gbd 15190.005.004/11 /24/08 area above the flood plain. Also within this area infrastructure improvements were needed to develop industrial uses along Corydon Street. Subarea C includes the commercial area along Rail Road on the north side of Highway 15 and the undeveloped Summerhill Plan area. The commercial area suffered from deterioration and economic stagnation. To address these blighting conditions rehabilitation and infrastructure improvements were proposed. To reduce the high cost to the private sector for providing infrastructure, it was proposed that Agency assistance would be provided in the construction of infrastructure necessary to develop the specific plan area. The purposes and objectives of this Redevelopment Plan will be achieved by eliminating the conditions of blight, as defined by Community Redevelopment Law, existing in the Project Area and to prevent the recurrence of blighting conditions in the Project Area. The Agency proposes to eliminate such conditions and prevent their recurrence by providing, pursuant to this Plan, for the planning, development, re- planning, redesign, redevelopment, reconstruction and rehabilitation of the Project Area and by providing for such facilities as may be appropriate or necessary in the interest of the general welfare, in accord with the General Plan and other planning documents promulgated pursuant thereto as may be adopted or amended from time to time. The Agency proposes to: 1) Eliminate or alleviate blighting influences and environmental deficiencies; 2) Provide for the replanning, redesign and /or redevelopment of areas that are stagnant or improperly utilized; 3) Install new or replace existing public improvements, facilities, and utilities in areas that are currently inadequately served with regard to such improvements, facilities and utilities; 4) Provide opportunities for participation by owners and tenants in the revitalization of their properties; 5) Provide for the development and rehabilitation of housing in the proposed Project Area and elsewhere in the City for low and moderate income persons and families; and 6) Strengthen the commercial base of the Project Area and the corresponding expansion of employment opportunities. The foregoing goals and objectives are to be pursued and accomplished, subject to and consistent with, the General Plan, as amended from time to time. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 3 PA0808004.LE:PA:gbd 15190.005.004/11/24/08 In the accomplishment of these purposes and 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 now or hereafter permitted by law. B. [ §302] Participation Opportunities; Extension of Preferences for Reentry Within Redeveloped Proiect Area 303] Opportunities for Owners and Business Occupants In accordance with this Plan and the rules for participation adopted by the Agency pursuant to this Plan and the Community Redevelopment Law, persons who are owners of real property in the Project Area shall be given a reasonable opportunity to participate in the redevelopment of the Project Area consistent with the objectives of this Plan. The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to remain or reenter into business within the redeveloped Project Area if they otherwise meet the requirements prescribed in this Plan and the rules adopted by the Agency. 2. [ §304] Rules for Participation Opportunities, Priorities, and Preferences In order to provide opportunities to owners to participate in the redevelopment of the Project Area and to extend reasonable preferences to businesses to reenter into business within the redeveloped Project Area, the Agency shall promulgate rules for participation by owners and the extension of preferences to business tenants for reentry within the redeveloped Project Area. 3. [ §305] Participation Agreements The Agency may require, as a condition of participation in redevelopment, that each participant enter into a binding agreement with the Agency by which the participant agrees to rehabilitate, develop, use and maintain the property in conformance with this Plan and to be subject to the provisions hereof. In such participation agreements, participants may be required to join in the recordation of such documents as may be necessary to ensure the property will be developed and used in accordance with this Plan and the participation agreement. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant fails or refuses to rehabilitate, develop, use and /or maintain its real property pursuant to this Plan and a participation agreement, the Agency will exercise any or all rights or remedies it may have in order to provide for the rehabilitation, development, use and /or maintenance of the real property in accordance with this Plan. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 5 PA0808004.LE:PA:gbd 15190.005.004/11/24/08 D. j §3091 Property Acquisition 310] Real Property Subject to the limitations described below, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by gift, grant, bequest, devise, exchange, lease, purchase or any other lawful method. The Agency cannot acquire real property by eminent domain. The Agency's condemnation authority has expired and cannot be reinstated without an amendment to this Plan in accordance with the requirements of the Community Redevelopment Law. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the participation agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alteration, improvement, modernization, or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape, or use; or (c) it is necessary to impose upon such property any of the controls, limitations, restrictions, and requirements of this Plan and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies that do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. 2. [ §311 ] Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, excluding eminent domain. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 7 PA08080041E:PA:gbd 15190.005.004/11/24/08 the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained; (4) the number of dwelling units housing persons and families of low 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 shall not be destroyed or removed from the low 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 low and moderate income housing market a dwelling unit which 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. [ §317] 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 (including individuals and families), 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. Such assistance shall be provided 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 also provide housing inside or outside the Project Area for displaced persons. 4. [ §318] 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 Project. 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. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 9 PA0808004.LE:PA:gbd 15190.005,004/11/24/08 reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. b. [ §325] Disposition and Development Documents 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, is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of County of Riverside. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such non- discrimination and non - segregation clauses as required by law. C. [ §326] Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any publicly -owned building, facility, structure, or other improvement either within or without the Project Area, for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Attachment No. 4, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefor. In addition to the public improvements authorized under Section 321 and the publicly - owned improvements identified in Attachment No. 4 of this Plan, the Agency is Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 11 PA0808004.LE:PA:gbd 15190,005.004/11/24/08 K. W321 Low and Moderate Income Housing 333] Authority Generally The Agency may, inside or outside the Project Area, acquire land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. The Agency may also provide subsidies to or for the benefit of, such persons and families or households to assist them in obtaining housing. The Agency may also sell, lease, grant, or donate real property owned or acquired by the Agency to non - profit or for - profit housing developers in carrying out the provisions of Sections 334 and 335 herein below. 2. [ §334] Replacement Housing In accordance with Sections 33334.5 and 33413 of the Community Redevelopment Law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project that 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 low 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 of the Community Redevelopment Law. All 100 %) of the replacement dwelling units shall be available at affordable housing cost to persons in the same or a lower income category (low, very low or moderate), as the persons displaced from those destroyed or removed units. 3. [ §335] Increase, Improve and Preserve the Supply Pursuant to Section 33334.2 of the Community Redevelopment Law, not less than 20 percent of all taxes which are allocated to the Agency 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 low and moderate income housing available at affordable housing costs, as defined by Sections 50052.5 and 50053 of the Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, lower income households, as defined in Section 50079.5 of the Health and Safety Code, very low income households, as defined in Section 50105 of the Health and Safety Code, and extremely low income households, as defined in Section 50106 of the Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 13 PA08080041E:PA:gbd 15190.005.004/11/24/0 8 dwelling units required to be available at affordable housing cost to, and occupied by, persons and families of low or moderate income shall be available at affordable housing costs to, and occupied by, very low 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 low or moderate income housing units, the Agency shall require by contract or other appropriate means that such housing be made available for rent or purchase to the persons and families of low 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. [ §337] Duration of Dwelling Unit Affordability and Agency Monitorinq The Agency shall require all new and substantially rehabilitated dwelling units and all replacement dwelling units and inclusionary dwelling units rehabilitated developed, constructed, or price - restricted pursuant to Sections 334 and 336 to remain available at affordable housing cost to persons and families of low income, moderate income and very low income households, respectively, for the longest feasible time, as determined by the Agency, but for not less than 55 -years for rental units and 45 -years for ownership units, except to the extent a longer or shorter period of time is permitted or required by other provisions of the CRL or other applicable laws. 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 low 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. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 15 PA0808004.LE:PA:gbd 15190.005.004/11 /24/08 B. j §4021 Other Land Uses 403] Public Rights- of -Way As illustrated on the Redevelopment Land Use Map (Attachment No. 3), the major public streets /roadways within the Project Area include: Grand Avenue, Machado Street, Lakeshore Drive, Marjorie Street, Summerhill Drive, Diamond Drive, Mission Trail, Corydon Road, Palomar Street, Corona Freeway, and Riverside Drive. Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development. Existing streets, alleys, and easements may be abandoned, closed, or modified as necessary for proper development of the Project. Any changes in the existing interior or exterior street layout shall be in accordance with the City's General Plan, as amended from time to time, 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. The requirements imposed by such factors as topography, traffic safety and aesthetics; b. The potential need to serve not only the Project Area and new or existing developments but to also serve areas outside the Project by providing convenient and efficient vehicular access and movement; and C. 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. 2. [ §404] Other Public, Semi - Public, Institutional, and Non - profit Uses For any area of the Project Area, the Agency, per the land use designations and regulations within the City's General Plan, as amended from time to time, is authorized to permit 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, railroad rights -of -way, and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 17 PA0808004.LE:PA:9bd 15190.005.004/11124/08 3. [ §410] Limitation on the Number of Buildings The number of buildings permitted in the Project Area shall not exceed the number of buildings permitted under the City's General Plan as amended from time to time. 4. [§4111 Number of Dwelling Units The number of dwelling units permitted in the Project Area shall not exceed the number of dwelling units permitted under the City's General Plan as amended from time to time. 5. [ §412] Limitation on Type, Size, and Height of Buildings Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and regulations. 6. [ §413] Open Spaces, Landscaping, Light, Air, and Privacy The approximate amount of open space to be provided in the Project Area is the total of all areas that will be in the public rights -of -way, the public ground, the space around buildings, and all other outdoor areas not permitted to be covered by buildings. Landscaping shall be provided to enhance open spaces in the Project Area and create a high - quality aesthetic environment. Sufficient space shall be maintained between buildings in all areas to provide adequate light, air, and privacy. 7. [ §414] Signs All signs shall conform to City sign ordinances and other requirements as they now exist or are hereafter amended. 8. [ §415] Utilities The Agency shall require that all utilities be placed underground whenever physically and economically feasible. 9. [ §416] Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors, as determined by the Agency, would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 19 PA0808004.LE:PA:gbd 15190.005.004/11/24/08 No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan and any such controls and, in the case of property which is the subject of a disposition and development or participation agreement with the Agency and any other property, at the discretion of the Agency, in accordance with architectural, landscape, and site plans submitted to and approved in writing by the Agency. 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 quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan. E. [ 4-4201 Building Permits No permit shall be issued for the construction of any building or for any construction on an existing building in the Project Area from the date of adoption of this Plan until the application for such permit has been approved as consistent with this Plan and processed in a manner consistent with all City requirements. An application shall be deemed consistent with this Plan if it is consistent with the City's General Plan as amended from time to time, applicable zoning and subdivision ordinances and any adopted design standards and other applicable laws and regulations. V. [ §5001 METHODS OF FINANCING THE PROJECT A. [ 45011 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with financial assistance from the City, the State of California, the federal government, tax increment funds, interest income, Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency -owned property, or any other available source, public or private. The Agency is also authorized to obtain advances, borrow funds, and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and 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 nominal administration of this Project may be provided by the City until adequate tax increment or other funds are available, or sufficiently assured, to repay the advances and loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 21 PA0808004.LE:PA:gbd 15190.005M4/11/24/08 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. The portion of taxes mentioned in subdivision 2 of this Section 502, above, are 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 maximum amount of tax increment to be allocated to the Agency pursuant to subdivision 2 of the this Section 502 shall not exceed $15,000,000 (fifteen million dollars) during any one fiscal tax year; provided, however, that any shortfall within the allowable annual allocation of tax increment shall be carried forward to the following year or years and shall be available to the Agency until the period for receipt of tax increment/repayment of debt has terminated. The Agency cannot receive tax increment in any fiscal year that exceeds the sum of the annual limit plus any unallocated revenues that have rolled over from previous years. Nor can the total amount of tax increment revenues received by the Agency pursuant to this Plan exceed the aggregate of the annual limit over the period to receive tax increment/repayment of debt as provided in Section 505 and applicable provisions of the CRL. The limits on the allocation of tax increment applies to tax increment received and deposited by the Agency and is net of pass- through agreements, statutory payments to taxing entities pursuant to CRL Sections 33607.5 and 33607.7, County administrative charges and ERAF payments. C. [ 45031 Bonds, Advances and Indebtedness The Agency is authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the officers, employees and agents of the Agency, nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City or the state, nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency, and such bonds and other 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 for the Project Area shall not exceed one hundred and twenty million dollars 120,000,000) in principal amount, except by amendment of this Plan. This limit, Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 23 PA0808004.LE:PA:gbd 15190.005.004/11 /24/08 the recurrence or spread in the area of conditions causing blight. Actions by the City shall include, but not be limited to, the following: A. 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 shall include the requirement of abandonment, removal, and relocation by the public utility companies of their operations of public rights -of -way as appropriate to carry out this Plan provided that nothing in this Plan shall be construed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such cost. B. Provision of advances, loans, or grants to the Agency or the expenditure of funds for projects implementing this Plan as deemed appropriate by the City and to the extent funds are available therefor. C. Institution and completion of proceedings necessary for changes and improvements in private and publicly -owned public utilities within or affecting the Project Area. D. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. E. Imposition wherever necessary (by 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. F. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency shall develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. G. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. H. The undertaking and completing of any other proceedings necessary to carry out the Project. The forgoing actions to be taken by the City do not involve or constitute any commitment for financial outlays by the City unless specifically agreed to and authorized by the City. Redevelopment Plan for the Rancho Laguna Redevelopment Project No. II Keyser Marston Associates, Inc. For the Redevelopment Agency of the City of Lake Elsinore Page 25 PA0808004.LE:PA:gbd 15190.005.004/11 124/08 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF THE PROJECT AREA BOUNDARIES Recorder: thence. 200. E eet more Less: alc.g e ;vorthdrly ri gia -€ way of Lakeshore Give to 'poir or:: iPtersootion With the northor}lr prolongatm on of the westerly line of Lot 92, Block xl, of Laltlash ®re brim Addition, as Shown ty crap on file in trap Book 9, rages 65 -67, Records of hiverside County IRecarder; thence 50utbwesterly along Said prolongation of westerly line of Lot 92 to the southwesterly corner Of said menticn Itot 92, also said point being on Lake Elsinore stag Park boundary line as shcawan by map On file in Map Boo} 9, rages 65- 67, Re-cords of Riversiide County. Thence aortht+ stexI around the. said State Park ,boundarjr t:.he- roj ie rint rings and d;jStan& Thence N. 55 06 4V W, 3Z02.31 feet Thence N. 1360 41 • 31" 14, 1579. UO . feet Thence 4. 74, 53 if 270:05 feet.. Thence S. 49' P .3RD 19" W, 322. .19 £het hence S. 35, 52, +42" 11, 1323.97 feet Tnonce S. 5Z° 031 320 w, 1500.00 feet more or lessThence5. 550 oil 15" W, 1307.97 feet COL.I 20 feet wsaes thenca northea5tarly a %aici center.L3.no to a Poluz of intersection with tbc- SOuthOASterlY PrOlAlngatiOn O:f the 30uth- westerly right-of-way line of Lincoln Street; thence N. 53 0 300 W, 351.20 feet to a point of intersection of the south-westerly prolon- gttion of t he wagterly line of Lot 24, Block "S" of Grendview tsarrdem2 RO-SUb) or, shown by map OD file it' 144 v" ragia 4, Recordz of I Riverside Codnty. ThenCe northeasterly along said line to a point of intersection *4ith the northerly right-o,f-way line of Laguna Av9a'.V'tv 30 feet wide, also be neho La Laq=a; ing the snuthwast 11ne of P_-, h'nt of 'Zter_ theme northwasterlY alOrtg r-8id zig'ht-Of -way to a LP 4 7 .3 in Llie C_,ty Of Lake Elsinprimp Ccdn'y 0 Of ,Call [r,.-rUit, furthe-r 4e_gtribed ME. Te"'IZ41tive 'Trrict. Pgrtels' 3, 13 ;An rettrenueO in Covn y Dr4ginvitrig at the Irj-.,9-t:mvtLI0tt Of the CVM:ttl t'0 Ofrtri-B the centerlina of Pmey Str:eet, 6,0 feet thence '"Uth 3 opid mqnt:vtljtje of V%r4pd Av einrg- uie Tr a—. IL 16" OBIL E SL "tt2 6. 5 0'.", k, L e wt2st I pa a SLj_C4-_s,s in the 01tice of said' sputh 5"a", 3011 190" ;Kd,*t, 109'..02 0 0 " W* st, 51,pu tecto ftare or ass., Vttme soutb0U fil" 39 571 g' EaSt. 65,0t) 4ep-L., thence S"tb 30', 30' OD" Wr t 600 rvq.t, mint ibr la in thence Soulth 53" 30; 00" East, Vu fo*,L, n lop 34& 30, ag %L r6 . t ?, 9 feet., jripr c pr 1 cr. t , a I o n t h a W r-- * t v tit South lir-ou of fi-eild Rr'C'Ord bt Strvtv; t c uro r tr t 53, 301 Dg** I gptp 135.C;j teet,- thence ScuLb V 301 Ver,-I, 161.00 feet to the cent-erlibe at said Grand Ave,pus; vo.,Prvco Vmrth 510 301 00" Vle t, 300 f"Kt* POOrP Or 4d).Ong MMid Cehtnrlf"Pt to "C_ Trktp-' Pnint 'bF 0%01 -Ngry it U U I I 4F CHANGE,_-#L EXHMT A-3 Tenti-tive Tr jp-- byltj lop inS'PU!I.Y t &D k 3790 Page 15- Hare Particularly dor.ctibed of tollowls% h I 2F"7eOftbL' roUt Oh LIB 22 d the Map Elf40 so Itn t'lle fic& IDf C-10.tnth TR&c or4 at MjtLattEjdn OtreeL# '74 fve=t V14c; tbt1hCV 604tb 36 5 1 n West, 330 feet, riore or lc*tv along ,,aid CREL IIAV,; 1,5 , $ F fiv I:ast# 3.31D teett tvore or lesbo this- v nct sputb ew'u, being L40 True of h 1 _ng2 k1l.enc ontinjji!hq WJ," en530113 'r2.00 , - or love-I 01ana'a feet: thE'rice ,",uvtb 3,S'":SS"G5*' Ups-t,y 330 fmpL UD the Tt;-Nr-* POi--It Bet] i wmitw. E E9 Wks 't, i fi , the ;. [9.s t i or` e' r, v , gza hen C'`ntcr ine, to the' 17 ; n -' I - 4 OMAN? IST&W. l p M jo county Amsetsor"A' Auror"'L.', B00611. PArce lis Z9 r&nct voro COUNTY 411 TV n,t A t i ve ,Trect HOD aS In County A&Fossor",m Pope lsJ ssginming at Lie Interm-&t-t-ich *r "e iceAttr inv of Umoi.-t Ui4v omp. I '.I* C.wntorling! bF mivtrbilst vr.JV64 GO feel" uide thonct W30100" 000.80 fit, olong the ccn4-PrAine of M; A Riversid-P nv-Pitt, tbj.% btin,5 L'h* nuip roinL of B,glpnLlq; tbet=e North .53@0$1304' Wcs'-0 1fjoo,03 of Tract 1392 .00.4 vn the mop roop rid 6d in book 1070 Pages 11 - 14 ot map 400k-F In -tho Df 4 1 c e r, ILE sata Cqufty Armordm. 0ence N&rth-3611301N)" 'Emstj 20 G, fr rp Or 3ess". thence SDUkh 53,10:5130* zt-stv -Z0160.03 thQ Clang 1j" ht- 432 Rivurbido Dr v; Ca t, Ppvth 36"3. 00" Weft '20D * f i= tv, jr,0r;- or less, along to, -P61,nt of Beg inns ntg.. 1% MUTILUtT. A-11 Partin! 6, a: reLer-chead Ift County punct 379 Rote partiLlarly dczcrL d am Rull t E -Eginrninq t the 'intersection of Me tLLnbe lie of MIschado t-. ', 74 fe it aside end the Venter, y ro!,on Iat oLi of thep Sa th line of Tract 420, .a n O*n ag 0 tuqp I;VZO .Lft 066k '.7 d Pages_ 22 and . cx '?' .; .. in Lbe E.Eii i0f .r-Ai less a q. klinip Pft ripg : - b3n ? i . bit f + +ears ky ' s 6 thence, mouth. 054 ".7 Or ?r or e6:.' 36 i3Vi' a i tom , O ' IDf t. 0 T to(t4 M p, :fi f o ull ik NOW q' twat parcel 7 179, tro'mp.a ' hora: had the fit tb6 534 101 14" 1. 0flialb a 7- thollit14z t , . vorSou ChR'1 1R81 NgJC°p+ °.' rth to fitmi"ro .a — I r 1$123 Po-mccl 27, as ref rpmcpd if Comaty AzAsp*mor's necorel, Book 391, Rpqig 33, DIOck 1, voce p4rticpl rly ne,C.Inhinq at the WetsetLlon of the tee_: k is of Ot,Q, hvenLbe, 60 Yet wide, and L cenLeAire of 'M'rm 131.*ay, 60 feet uidLn Lheacee WK 361551261 Nom-tt 250.00 fw& aloeif Im mWinnad motWina tO the VOA Ot llftLL of Lot I bf TrAct a,,-, z;bom r,.,n the Pop recorded A JuvAl Sly Vcjes 65 unfl E6 of Map WA, A Lite CIM-Ce of tt mmil; CDunqLY foe t, aj,tmg i;,aW North JinP tO tbm in rt Lhe Li -gunn Tract, as or. the amp roomp-4ptl 4n bnrA., 8, Phg A7 of mkp Poole, in the OffAee OE SAO C UAY Q&azrder; thtn WrUlAGa5#126" 250.00 Etit"tF r-long mAid' Ron;; line, A chi *Out hfLing of .Grand avanum; tbapur sout's .53"2401v gosh, 145.15 tint, saidlcontglknq to tie Pbin-'L off" DvS jxjpjrg. in u t:v ;j point ci infxxrm=tAon. O,,1 tip giant 144;PP of Avembe 6, 160 t'e@L vide, a diztAncp or fjD rm-Et iwr,,c or lesss, thence at right idh9tu to :oibid mbntfiDn eaBt !cight-0-c- Tp-y kn a *Nt5tetly dirtctibn, GID feet rmra or 1pqs to a poin;- of interm-ettion with the torl:y right-of-way listE, of ziid Avv-=,d 6; tbnr—p art h 4:30 3V 00' 19cNt a A4 nce of 440 f =ry *r UFF to a point of inter Bectiout witit to -wort- right-Of-wny line of Av*hDa 5, (a balf-ctrectj 25 fact tbmnac z1ong the af wfe. mermAon Urw In a wort-huestcrly 41rec!Llon a allstabc, of: 127,110 teek moke or less in an angle point; thenze north iood b itiq ptTjmjj, I vvr-r'=1y 69-A fippt along ttiid curum tbrough -a ctmtrul kmql 160 X31 4s"; theme tang t fr,cm 5zid corvc Nprth, GSIP A77" 00" Vicipz dl mmtmncm of 1,91 f CO-TL- Or theheCe NOrth 100 3,01 Sr wee l- or RJ,5't $'4:vol; tbance Nor4,b C?15 261 331 11 a 6543 77, on-- West wi dJsr-xnPe of W3 fvv--ij thj?r.c^ j:prrh 691P Up" 31" West -a 2517,11 feet r .-V, or lmz; t.1) no T*,nTtbW pr1y along the ve-rii&uv rotor "- f Of ip S VAtAtOtjj4jWdy 'I dN Sht n On tab p 771-F, tMrty of Alvnrsioe surwoy Una to it int*r ct.Wh With 0A, ROTtA ne of 5mm-tion 5, T `,F R W, is bic nccl I;Muth S9 'b 21' 4P' t 11 none or jp qA to thp ooxt1MarA enrnor of ViaiO &Pcticn 6.1 t-henC'P 4VP,- k , 01 Drivc, 40 feet w1de to the J2ort;11'2&,mt Cotner of bt 1, plod` "B" of M bibor it i re hjoLtk, a,-, Ern thC- as p Reumrl4nd In huo% 6, Pa4 & 296 of r, U,00kS,, Rtjcordj& of Sinn A1,aq,3 C!mrtty. Mehcc FasLarly alo'nq said riputh yi(Tht-pf-way Of PAICI TakP--hCtV DrIV49, 160 foot vidt tDO A -.PP1,Dt a1or4q the Spvth U40 Of Mi*Aion Trail, J00 feet wido, S d Uouth 1 e be -lig 'r rtb ft- tAn9Vnt CkItVe *0000Ve Lb th,O SD0thFe-1t With f, ---rjtUp of joj$r Fmv,therAy riqht-of -way Anv of M;Llagia Po encc4a, co fctt w4dv. tk 9 ft -apt 'N`OrOOA, ,Letly git rlo.t anqIwN to th-r FM .,4 West ILbU Of Nission T-tall 1:0 zi ppinL of intarxpctjckr. ol tba prOL"Ingation of t1c Sout'herly line Of halmgm RO-14 dtid t,hp cenker lj-m ot- u . oijout. t r1v 4 Xonbblohheus. v I AVILA U'ry" ThAt i-pa) prop*-rty J,h tkQ City 0,E 9111,1noom je, col-Mtv of Rive-'rider stmtc Of CalifOrtlAp more part-i-oulmrly df:,;acftbF-,1 mr, falllvavt northeatt corner of toia porth half, Ehjo:nr,,v SOUU, MSD 40* 0" E eizi 1326.44 f t-0 th'v P0101 Yui'!Mcr ca;rnPL Of r d SecLion 34: tkvrcr, North 8910 .141 2a" Umt, 2659.34, feft UD Ott! tmrlhea.st cor'l'.0- In! &3.14 S&CL10p 34; LhLP-cc SouCh 00 19, ov rbrt. 31Dr-.1.t fLq2t itp a p0j.w *-a UmL- bo,ing 10.00 fact northvrly and Pbr'a!1P3 witb the scuth"pz1v lizc Of tbl WfUMuSt quurter Of tht, U01 t b 04 1, t i4.P .4 r. L e t 0 0 i L,hen,ce ,10U 31. 090 244 47" klapt, 1VV-KP F-ft- nlc-n- ctle E paint i0ki a lil a being 34 00 feet we- t: -'ZY na P ra r R P v i t; ammff r)-Y, linn 6f the-, --muthun-at" quArkc-1& of thip nor E:hco; t'-6va.- tcr,oaf 34; t14Llict $put :t4s;t 1324,0 fvrt along03002%j 1*A 4, 43 pairallel 1j o tO 0 a t DR 0 lln;d din la .0b f4 et- %ttlaorly MUM iF - 1L 33 w vim p M ATTACHMENT NO. 2 PROJECT AREA MAP o CD CD CD CD (DO'< o to 0) CD O CD CD 0 n3mOa m a o N N O a o fn I I CD CD (DO'< CA U D y W O CD CD C to 6._ . _ D o o C) z o Co CD N= O Z7 OL Ao CL CD R CN11N L d CDCD 3 n CD L Z CD Vl y I 1 / 0 ostrala o' s , 7 I an I Oa N uo!ssly D n, y fD i Go m a , o ATTACHMENT NO. 3 LAND USE MAP ATTACHMENT NO. 4 PROPOSED PUBLIC IMPROVEMENTS LIST ATTACHMENT NO. 4 POTENTIAL PUBLIC IMPROVEMENTS Rancho Laguna Project Area No. II As described in Sections 242 of the original redevelopment plan the Agency is authorized to install and construct or to cause to be installed and constructed public improvements and public utilities (within or outside of the Project Area) necessary to carry out the Plan. Specifically, public improvements may include, but are limited to the following: 1. Traffic & Circulation a) Construct and reconstruct streets b) Add bikeways d) Install traffic signals 2. Electric Water Sewer and Flood Control a) Upgrade and extend sewers, storm drains and water distribution systems b) Upgrade and extend electrical distribution systems c) Construct flood channel and drainage improvements 3. Recreation & Plazas a) Develop and improve parks b) Develop and improve playgrounds c) Develop plazas 4. Streetscape a) Construct and improve pedestrian walkways b) Install street lights c) Construct curbs and gutters