Loading...
HomeMy WebLinkAboutRedevelopment Plan Rancho Laguna Development Project No. II April 1983REDEVELOP MENT PLAN for the RANCHO LAGUNA REDEVELOPMENT PROJECT NO. 11 Lake Elsinore, California April 1983 Prepared by, The Redevelopment Agency of the City of Lake Elsinore and Municipal Services, Inc. 712 N. Diamond Bar Boulevard Diamond Bar, CA 91765 CITATION INDEX California Health and Safety Code Section Number Redevelopment Plan Section Number 33331 ......... 311 33332... Exhibit 6 33333 ......... 312, 313, 3149 321, 322, 330 et seq. 33333. 2 ........ 221, 505 33334 ......... 501 33334.1.......... 505 33334. 2 ........ 505 33334. 3 ........ 505 33334. 5 ........ 241 33335 ......... 261 33336 ......... 262 33337 ......... 262 33338. 1 .. 213 33339 ......... 221, 222 33339.5............ 221, 223 33340 ......... 221 3334]. ........ 501, 503 33342.,...< 211 33343 .............. 501 33344......< 301 33345.......< 221 33400-33402. 213 33410 - 33411, 33411 .1 ............................. 231,233,402 33412 .................. 231 3341333413 5 .................. .. w...... 241,402 33420 ................... 241, 252 33435 - 33436 262, 341 33443 ......... 261 33445......... 242 33450 -- 33458 603 M TABLE OF CONTENTS I. INTRODUCTION 1 100) REDEVELOPMENT AUTHORITY AND PURPOSE i 101) Definitions 3 II< REDEVELOPMENT IMPLEMENTATION 5 200) REDEVELOPMENT IMPLEMENTATION 5 201) General 5 210) PROPERTY ACQUISITION AND MANAGEMENT 6 211) Acquisition of Real Property 6 212) Acquisition of Personal Property 6 213) Property Management 7 220) PARTICIPATION BY OWNERS AND TENANTS 7 221) Participation Priorities 7 222) Opportunities for Owners and Tenants 9 223) Re-Entry Preferences for Owners and Tenants 9 224) Participation Agreements 10 230) RELOCATION OF PERSONS (INCLUDING INDIVIDUALS 10 ANDFAMILIES) BUSINESS CONCERNS AND OTHERS DISPLACED BY THE PROJECT 231) Assistance in Finding Other Locations 10 232) Relocation Payments 1.i 233) Temporary Relocation Housing 11 240) DEMOLITION, CLEARANCE PUBLIC IMPROVEMENTS 1.i AND SITE PREPARATION 241) Demolition and Clearance 11. 242) Public Improvements 12 243) Temporary Public Improvements 12 244) Building Site Preparation 12 III. 250) REHABILITATION AND CONSERVATION OF 1.3 31.2) STRUCTURES 18 313) 251) Rehabilitation of Structures 13 314) 252) Moving of Structures 13 260) REAL PROPERTY DISPOSITION AND DEVELOPMENT 13 Public Street Layout, Rights-of-Way 20 261) General Requirements 13 262) Disposition and Development Documents 14 21 263) Development by Participants 15 331) 264) Development by Agency 15 332) 265) Personal Property Disposition 15 DEVELOPMENT IN THE PROJECT AREA 16 300) AGENCY COOPERATION WITH OTHER JURISDICTIONS 16 301) Agency /City Cooperation 16 302) Cooperation with Other Public 17 Jurisdictions 310) LAND USES FOR THE PROJECT AREA 17 311) Conformance to City's General Plan 17 31.2) Residential Uses 18 313) Commercial Uses 18 314) Special Purpose 19 320) PUBLIC USES FOR THE PROJECT AREA 20 321) Public Street Layout, Rights-of-Way 20 and Easements 322) Semi °Public, Institutional, and NonProfit -Uses 21 330) DEVELOPMENT STANDARDS 21 331) Conformance With This Plan 21 332) New Construction 22 333) Incompatible Uses 22 ii- IV. u VL 334) Subdivision or Consolidation of Parcels 22 335) Limitation of Building Density 22 336) Limitation on 'Type, Size and Height 22 of Building 337} Open Space, Landscaping, and Parking 23 338) Light, Air and Privacy 23 339) Signs 23 340) DEVELOPMENT REQUIREMENTS 23 341) Nondiscrimination and Nonsegregation 23 342) Minor Variations 25 LOW AND MODERATE INCOME HOUSING 26 400) AGENCY OBLIGATIONS 26 401) 2096 Requirements 26 402) Low and Moderate Income Housing 26 Replacement PROJECT FINANCING 27 500) FINANCING MECHANISMS AND LIMITATIONS 27 501) General Description of the Proposed 27 Financing Method 502) Tax Increments 27 503) Issuance of Bonds and Notes 29 504) Loans and Grants 29 505) Financing Limitations 29 SPECIAL ADMINISTRATIVE PROVISIONS 32 600) ENFORCEMENT AND DURATION OF PLAN 32 601) Enforcement 32 602) Duration 32 603) Procedure for Amending Plan 32 EXHIBITS Exhibit Project Area Map Proposed Land Use and General Plan Designation Map Area A Area B Area C Area D Legal Description Legal Map sm Exhibit No. 1. 2 3 4 5 6 7 100) REDEVELOPMENT AUTHORITY .AND PURPOSE This is the Redevelopment Plan (the "Plan") for the Rancho Laguna Redevelopment Project Area No. 119 (the "Project") and consists of the Text, the Project Area Map (Exhibit 1), the Proposed Land Use and General Plan Designation Map (Exhibits 2 through 5), and the Legal Description of the Project Area Boundaries (Exhibit 6). This Plan was prepared by the Lake Elsinore Redevelopment Agency (the "Agency") pursuant to the Community Redevelop- ment Law of the State of California (Health and Safety Code Section 33000 et. seq.), the California Constitution and all applicable local laws and ordinances. The City of Lake Elsinore has recently updated their General Plan. The proposed redevelopment of the Project Area as described in this Plan shall conform to the revised General Plan. The General Plan designations as shown on Exhibits 2 through 5 are based upon the final version of the updated General Plan adopted by Resolution No. 82-83 on December 1.4, 1983. This Plan is based upon the Preliminary Redevelopment Plan formulated and adopted by the Planning Commission of the City of Lake Elsinore (the "Planning Commission") by Resolution No. 83-1, adopted on March 1, 1.983. This Plan provides the Agency with powers, duties and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation and revitalization of the area within the boundaries of the Project (the "Project Area"). This Plan does not present a specific plan or establish specific projects for the redevelop- ment, rehabilitation and revitalization of any area within the Project Area, nor does the Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the community relating to the Project Area. Instead, this Plan presents a process and a basic framework within which specific plans will be presented, specific projects will be established and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop and proceed with such specific plans, projects and solutions. I- Redevelopment Project Areas are usually marked by deteriorating social, economic or physical conditions known as blight. RedevelopmerL provides a way of eliminating that blight through the elimination of dilapidated structures or the rehabilitation of buildings which are worth conserving. Redevelopment can also provide the necessary incentives to interest the investment community in deteriorating areas. Redevelopment can aid in the stablization of an area by reducing the uncertainty among residents, investors and property owners. Knowing rather than speculating as to what the long range plan of an area is allow affected persons to make important decisions. Redevelopment will also provide the City's own operating departments and advisory commissions with a clear knowledge of the Agency's and City's direction. This allows for total "inhouse" coordination and planning and consequently facilitates coordination and planning between the City and the private sector. Constraints which have been imposed on State and local governments by Propositions 13 and 4 have prevented Cities from adequately planning for growth and dealing with existing community needs. Redevelopment Agencies have a greater ability to fund needed projects and provide the catalyst for private ventures. There has been a great deal of innovation in redevelopment finance, which has generated such benefits as new housing, shops and industry, rehabilitated buildings, and public improvements. The need to continue searching for ways to maintain City services and meet future community needs underscores the demand for an implementation program which can be established through redevelopment. 2- I01)Definitions The following definitions will govern in the context of this Plan unless otherwise stipulated herein. tncv" means the Lake Elsinore 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. means the City of Lake Elsinore, California, pCity Council" means the City Council of the City of Lake Elsinore, California o" means the County of Riverside, 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 percent of the Area Median Income. Occupant" means the persons, families, or businesses holding possession of a building or part of a building (as an apartment or office). Person" means any individual, or any public or private entity. Plan" means the Redevelopment Plan for the Rancho Laguna Redevelopment Project No. 11, in the City of Lake Elsinore, California. Planning Commission" means the Planning Commission of the City of Lake Elsinore, California. Pr2L iqctArea" means the area included within the boundaries of the Rancho Lagun a Redevelopment Project Area No. H, as depicted on the maps and legal description attached hereto. 3- Redevelopment Law" means the Community Redevelopment Law of the State of California California Health and Safety Code, Section 33000 et seq.), as amended to date. State" means any state agency or instrumentality of the State of California. Tenant" means a person 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. Very low income" means persons and families whose income do not exceed the qualifying limits for very low income families established pursuant to 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 percent 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. 4- 11. REDEVELOPMENT IMPLEMENTATION 200) REDEVELOPMENT IMPLEMENTATION 201) General The Agency proposes to eliminate and prevent the spread of blight and deterioration in the Project Area by: 1. The acquisition of certain real property; 2. The demolition or removal of certain buildings and/or improvements; 3. Providing for participation by owners and tenants presently located in the Project Area and the extension of preferences to business occupants desiring to remain or relocate within the redeveloped Project Area. C The management of any property acquired by and under the ownership and control of the Agency; 5o Providing relocation assistance to displaced residential and non-residential tenants; 6, Providing public improvements such as the installation, construction, or reconstruction of streets, utilities and other public improvements which are necessary for successful redevelopment and which are necessary to insure the health and safety of the public; 7o The disposition of property for uses in accordance with this Plan; The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 90 Reversing the current state of disuse and decline by encouraging uses which are viable and will continue to be viable in the future; and 5- 10. The rehabilitation of structures and improvements by present owners, their successors and the Agency. In the accomplishment of these purposes and activities and in the implementa- tion 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. 210) PROPERTY ACQUISITION AND MANAGEMENT 211) 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 if a determination is made by the Agency that such acquisition is necessary to implement this Plan. Such acquisition includes the employment of eminent domain proceedings, pursuant to Section 33391.(b) of the California Health and Safety Code, which allows the Agency to acquire any real property which is necessary for the execution of this Plan, excluding residentially zoned parcels which are less than one acre in size. 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. 212) Acquisition of Personal P roperty 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. M 2 1'3) Property Vfanaement 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 its disposition for redevelop- ment. 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. 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. 220) PARTICIPATION BY OWNERS AND TENANTS 221) LartLe 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. I Redevelopment provides the key ingredient to bridging the partnership between the public and private sector. Redevelopment Agencies are established to act as a City's development arm with the expressed purpose of working with property owners and developers toward mutually beneficial projects. The working relationships that result eliminate the adversary climate which often occurs when the public purpose and profit motive meet, 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. If conflicts develop between the desires of participants for particular sites or land uses, the Agency has established reasonable priorities and prefer- ences 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 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 Redevelop- ment Plan is adopted by the Lake Elsinore 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, or other joint entities. If participants fail to perform as mutually agreed, the Agency shall have the authority to acquire, by any legal means, the subject property, in order to effectuate. the purposes of this Plan. To this end, pursuant to Section 33391 (b) of the California Health and Safety Code, the Agency is empowered to use eminent domain proceedings to acquire real property needed to implement this Plan, excluding residentially zoned property. Such eminent domain proceedings, if employed to acquire property within the Project Area must be, pursuant to Section 33333.2 (3) instituted within 12 years of the adoption of this Plan except that an extension to this time limit is permissible by amendment of this U31 I In addition, eminent domain proceedings shall only be used whenRedevelopmentPlan, necessary to effectuate the purposes of this Plan. 222) Opportunities for Owners and Tenants In accordance with this Plan and the rules for owner and tenant 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 redevelopment by: (1) retaining all or a portion of their properties; (2) acquiring adjacent or other properties in the Project Area; (3) rehabilitating existing buildings or improvements; (4) initiating new development; (5) selling their properties to the Agency and purchasing other properties in the Project Area. 223) Re-Entry Preferences for Owners and Tenants The Agency shall extend preferences to persons who are engaged in business in the Project Area to participate in the redevelopment of the Project Area or to re-enter into business within the Project Area, if they otherwise meet the requirements prescribed by 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. Business, residential, institutional and semipublic tenants shall be given a reasonable opportunity, if they so desire, to purchase and develop real property in the Project Area if they otherwise meet the requirements prescribed in this Plan. 224) Participation Avreements 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. 9- 230) RELOCATION OF PERSONS, (INCLUDING INDIVIDUALS AND FAMILIES) BUSINESS CONCERNS AND OTHERS DISPLACED BY THE PROJECT 231) Assistance in Finding Other Locations 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. At the time that relocation activities are anticipated, 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. 232) Relocation Payments 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 costs 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 or plan adopted by the Agency. The Agency may make such other payments as may be appropriate and for which funds are available. The Agency shall make 10- all reasonable efforts to relocate individuals, families, and commercial and industrial establishments within the Project Area, 233) Temporary Relocation 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. 240) DEMOLITION, CLEARANCE, PUBLIC IMPROVEMENTS AND SITE PREPARATION 241) 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 the 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 rehabili- tated, 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 33413.5 of the California Health and Safety Code. 242) Public Improvements The Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) 11- necessary to carry out this Plan. Such public improvements may include, but are not limited to, pedestrian walkways, bikeways, streets, curbs, gutters., sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, water distribution systems, parks, plazas, and playgrounds. The General Plan of the City of Lake Elsinore provides many programs to implement the goals and objectives of the community. As part of the Land Use Element, public improvements such as water and sewer facilities are to be upgraded as specified in the first Redevelopment Plan adopted by the Agency (Rancho Laguna Redevelopment). Additional implementation programs identified in the General Plan include completing flood control and drainage improvements by utilizing City funding in conbination with tax increment revenue. 243) Temporary Public Improvements 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. 244) Building 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. 250) REHABILITATION AND CONSERVATION OF STRUCTURES 251) Rehabilitation of Structures The Agency is authorized to rehabilitate and conserve or cause to be rehabili- tated 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 now owned by the Agency. 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. Approximately 12® twenty-seven percent of the City's housing stock was over 40 years old in 1980 with twenty- two percent of these older structures considered deteriorated and 7.8 percent considered delapidated.* Such 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. 2 5 2) iViovinof 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. 260) REAL PROPERTY DISPOSITION AND DEVELOPMENT 261) General Requirements For the purpose of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. The Agency may lease or sell all real property acquired by it in the Project Area, except property conveyed by it to the community. Real property acquired by the Agency in the Project Area may be sold or leased for development at prices which shall not be less than fair value for uses permitted under this Plan, except when a lesser consideration is necessary to effectuate the purposes of this Plan. Property acquired by the Agency for rehabilitation and resale 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 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. The City of Lake Elsinore General Plan, Don Cotton and Associates., 1982. j. 3- 262) Disposition and Development Documents 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, declaration, provisions of the zoning ordinance, 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 Riverside. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other 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 by the Agency shall contain the provisions and nondiscrimination clauses prescribed in Section 33435 and 33436 of the State Health and Safety Code. 2 6 3) 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 ex-- pressed 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. 2 6 4) Development b Agency 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 14- that no other reasonable means of financing such construction is available to the commu- nity. 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 be submitted to it for review and approval. All development must conform to this Plan and all applicable federal, state, and local laws as amended from time to time, and must receive the approval of appropriate public agencies. 265) Personal Proper ty 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. 15- 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 ensure 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 planning and zoning requirements 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 for 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 accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 16- The initiation and completion of any other proceedings necessary to carry out the P roject. The Agency is authorized, but riot 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. 310) LAND USES FOR THE PROJECT AREA 311) Conformance _12_2jjZj General Plan The proposed land uses set forth in the following sections conform to those uses designated in the Revised Lake Elsinore General Plan, dated December 14, 19820 The land uses for the Project Area as depicted on Exhibits 2 through 5 are based upon the final General Plan. 17- The Project Area Map attached as Exhibit 1, the Proposed Land Use and General Plan Designation Map attached as Exhibits 2 through 5 and the legal description attached as Exhibit 6, incorporated herein illustrate the location of the Project Area Boundaries and immediately adjacent streets, basic land uses and public rights-of-way and public easements for the Project Area. 312) Residential Uses The General Plan states that the community will utilize redevelopment to mitigate deterrents to development. Tax increment revenues will be used to finance certain City projects which cannot be financed within the City budget and other available sources. One goal, identified in the Housing Element of the General Plan, is to utilize redevelopment to establish a balance between housing and employment. The residential land uses designated within the Redevelopment Project Area range from low density housing to high density apartment dwellings. The following four residential land use designations were selected to conform to the goals, policies and principles of the General Plan. Pe Minimum Density Maximum Density 1. Very Low Density I du/2 net ac. 2. Low Density ,!T.-S'du/net ac. 3. Medium Density . ) L4,5-du/net ac. 7-.4-du/net ac. 4. High Density _L4I;6"du/ac. 20 du/net ac. tv T'-V J 313) Commercial Uses The commercial designations provide for exclusive commercial uses as well as for a mixture of commercial and residential uses for certain locations. There are four commercial categories designated within the proposed Project Area. Neighborhood Commercial 1511-M Neighborhood Commercial land uses include those which provide for the limited small scale commercial uses which serve the daily needs of local residents. Uses found within these areas include.- markets, drug stores and professional offices. Land- scaping, design standards, and off-street parking should be used to discourage interference with residential uses. Tourist Commercial Tourist Commercial land uses include those activities intended to create and enhance areas devoted to recreational services. This land use is applied to areas where tourist-oriented recreational uses are desired. General Commercial General Commercial land uses are included in those areas where a wide range of retail activities and services are permitted. Community or regional shopping centers, central business districts and highly diverse commercial development can be considered as general commercial uses. These commercial activities are required to be conducted within an enclosed building. Commercial Manufacturing Commercial Manufacturing land uses include areas which provide for intensive commercial activities and specialized service establishments which require a central location. Limited and restricted manufacturing and wholesaling, and distribution facilities governed by controlling standards are permitted. 314) Specific Plan Area This designation is used where a specific plan must be adopted prior to development and which usually has environmental constraints or concerns. The proposed Redevelopment Project Area includes the following Specific Plan Areas: Airport Specific Plan Area Canyon Lake Hills Specific Plan Area Lincoln Specific Plan Area Select Nursery Specific Plan Area Old Military Academy Specific Plan Area Public /Semi Public This designation includes those areas generally owned by public agencies. Parks, cemeteries and institutions are included within this land use. National Forest The National Forest designation indicates the planned boundaries and major land holdings of the Cleveland National Forest and the State of California, Impact Sensitive This designation is applied to areas considered unsuitable for urban development for reasons of public safety or environmental sensitivity. Flood Prone The Flood Plain designation is provided to restrict development in certain areas until adequate flood protection is provided, Mixed Use This designation is applied to areas where a mixture of residential and commercial activities are desired. Residential densities permitted within this designation include a minimum of 7.3 du/net acres to a maximum of 2000 du/net acres. The commercial uses permitted within this designation include those uses permitted within the General and Tourist Commercial uses. or 320) PUBLIC USES FOR THE PROJECT AREA 321) Public Street Layout, Rights-of-Way and Easements The public rights-of-way, easements, and principal streets proposed or existing in the Project Area are shown on the Proposed Land Use and General Plan Designation Maps Exhibits 2 through 5). 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 Area 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. 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 be changed after the date of the adoption of this Plan except with approval of the Agenoy and in conformance with the provisions of this Plan. The Agency shall exercise design 21® review in accordance with modern land use planning techniques and urban design practices to ensure that development within the Project Area will be consistent with the purposes of this Plan. 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 Lake Elsinore. 333) Incompatible 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. 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 and the City. 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 Lake Elsinore. 336) Limitation on 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. 22- 337) The Lake Elsinore 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 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. 3 3 8) LjKhL_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. 3 3 9) Si s All signs shall be consistent with the sign code of the City and the practices and customs of the Planning Commission. 340) DEVELOPMENT _BE_9LJIRE MEN T 341) Nondiscrimination and H2n2 e regation 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. 23- 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 deeds 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 of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the grantee 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 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: That there shall be no discrimination against, or segregation of, any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, 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 W&M provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. 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: The strict application of the provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not generally apply to other properties having the same standards, restrictions and controls. Permitting a minor variation will not be materially detrimental to the public welfare or injurious to the property or improvements within or outside the Project Area. Permitting a minor variation will not be contrary to the objectives of this Plan. No minor variation shall be granted which permits substantial departure from the provisions of this Plan. In permitting any such minor variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. Nondiscrimination and n clauses shall not be subject to minor variation. No minor variation permitted by the Agency shall be effective until conditional use permits, variances, or changes in zoning requirements, if any, have been effectuated by the City to the extent necessary to obtain consistency with such minor variations permitted by the Agency. 25- MOGIZU UMMIL 400) AGENCY OBLIGATIONS 4 0 1) 20% Re ucirement Not less than 20 percent of all taxes allocated to the Agency pursuant to Section 33670 of the California Health and Safety Code (subject to the findings as set forth in Section 505 of this Redevelopment Plan) shall be used by the Agency for the purposes of increasing and improving the City's supply of housing for persons and families of low or moderate income. 402) Low and Moderate Income Housing Replacement In carrying out the activities contemplated in this Redevelopment Plan, it may become necessary, from time to time, for the Agency to enter into various agreements, such as an agreement for acquisition of real property, an agreement for the disposition and development of property, or an Owner Participation Agreement, which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. Not less than 30 days prior to the execution of such an agreement, the Agency shall adopt by resolution a Replacement Housing Plan, which shall include the general location of the replacement housing, an explanation of the means for financing the replacement housing, a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution or that such approval has been obtained, the number of dwelling units housing persons or families of low or moderate income planned for construction or rehabilitation and a timetable for meeting the Plan's relocation, rehabilita- tion and replacement housing objectives. A dwelling unit whose replacement is required by Section 33413 of the California Health and Safety Code, but for which no Replacement Housing Plan has been prepared, shall not be removed from the low and moderate income housing market. For a reasonable period of time prior to adopting a Replacement Housing Plan, the Agency shall make available a draft of the proposed Plan for review and comments by the Project Area Committee (if any), other public agencies and the general public. 26® 500) FINANCING MECHANISMS AND LIMITATIONS 501.) General Description of the Proposed Financier Method Upon adoption of this Plan by the City Council, the Agency if it deems appropriate, is authorized to finance this project with assistance from the City of Lake Elsinore, Riverside County, State of California, United States Government, any other public agency, property tax increments, interest revenue, income revenue, Agency issued notes and bonds, or from any other available sources of financing which are legally available and do not conflict with the objectives of the Plan. The City may supply advances and expend money as necessary to assist the Agency in carrying out this project. Such assistance shall be on terms established by an agreement between the City of Lake Elsinore and the Lake Elsinore Redevelopment Agency. 502) Tax Increments Pursuant to Section 33670 of the California Health and Safety Code, all taxes levied upon taxable property within the Rancho Laguna Redevelopment Project No. H each year by or for the benefit of the State of California, County of Riverside, City of Lake Elsinore, any district, or other public corporation (hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving this Redevelopment Plan, shall be divided as follows. That portion of taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include WAO 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 Riverside 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 effective date); 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 redevelop- ment 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 the Rancho Laguna Redevelopment Project Area No. 11. 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 Sub- section. 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 28- 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 hereafter. 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 hereafter as the Agency deems appropriate to its purposes. 505) Financing Limitations Consistent with Section 33333.2, 33334.1 and 33334.2 of the California Commu- nity 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 $15,000,000 during any one fiscal (tax) year except by amendment of this Plan. No loans, advances, or indebtedness to finance in whole or in part the Rancho Laguna Redevelopment Project Area No. II, 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 29- 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 $120,000,000 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 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 Lake Elsinore City Council 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 30- 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. 31- ft-WO 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, re-entry injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. 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 Plan 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. 32- Itj1 o ca AV U) co MW U) co MW i - \ /, P' y CC O CC C0 m 000c 8 x) 21 Q) z av O 0 CL 2 aU) D U- 2 n T to 0 i - \ /, 0 3 0 CL cq 0 co R Q0 2) 0 0 3 0 C: 2 730000-,5(u 0z c a cc): 0) u (D 0 0 z E > C — 0 w C L c oj r# in (o w= 0) t Aj X ro C. U WI qq Vu T°