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HomeMy WebLinkAboutCC Resolution 10317 (Central SR Redevelopment Proj)RESOLUTION NO. 10317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THE APPROVAL AND ADOPTION OF THE SECOND AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT WHEREAS, on July 18, 1988, the City Council of the City of San Rafael (the "City Council') certified the San Rafael General Plan 2000, Final Environmental Impact Report (the "General Plan EIR") which is the environmental review document being relied on for the Second Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project (the "Amended Plan") pursuant to Community Redevelopment Law (Health and Safety Code Section 33333.3) and the California Environmental Quality Act ("CEQA"); and WHEREAS, the City of San Rafael (the "City") has prepared an Environmental Checklist (the 'Environmental Checklist"), dated July 1, 1998, for the Amended Plan; and WHEREAS, the City Council has reviewed the Environmental Checklist and the General Plan EIR; and WHEREAS, on August 11, 1998, by Resolution No. 98-22, the Planning Commission of the City of San Rafael found that pursuant to CEQA Section 21166, no substantial changes are proposed to the project which will require major revisions of the General Plan EIR, no substantial changes have occurred with respect to the circumstances of the project which would require major revisions in the General Plan EIR and no new substantial information has become available which was not known and could not have been known at the time the General Plan EIR was certified; and WHEREAS, by Resolution No. 98-22, the Planning Commission further found that pursuant to CEQA Guidelines Sections 15162 and 15168 (c), the Amended Plan will not have effects which were not examined in the General Plan EIR and no new mitigation measures would be required and therefore the Amended Plan is within the scope of the General Plan EIR and no new environmental documentation is required; and WHEREAS, a special joint public hearing was held by the City Council and the Agency on September 8, 1998 on the Amended Plan, following notice duly and regularly given as required by the Community Redevelopment Law, and all interested persons expressing a desire to comment thereon or object thereto were heard; and WHEREAS, by this resolution, the City Council, as the Lead Agency under CEQA as the entity responsible for adopting the Amended Plan, desires to comply with the requirements of CEQA for consideration and use of the General Plan EIR for use with later activities in connection with the approval and subsequent implementation of the Amended Plan. 141\11\114658.1 1 9 NOW THEREFORE BE IT RESOLVED AND ORDERED that the City Council hereby finds that, based on the information presented in the Environmental Checklist, the General Plan EIR adequately addresses the environmental issues of the Amended Plan and that the City Council has reviewed and considered the information contained in the General Plan EIR and the Environmental Checklist prior to approving the Amended Plan. BE IT FURTHER RESOLVED AND ORDERED that the City Council hereby finds that, pursuant to CEQA Guidelines Sections 15162 and 15168(c), no substantial changes are proposed to the project which will require major revisions of the General Plan EIR, no substantial changes have occurred with respect to the circumstances of the project which would require major revisions in the General Plan EIR and no new substantial information has become available which was not known and could not have been known at the time the General Plan EIR was certified. BE IT FURTHER RESOLVED AND ORDERED that the City Council hereby finds that, pursuant to CEQA Guidelines Sections 15162 and 15168(c), the Amended Plan will not have effects which were not examined in the General Plan EIR and no new mitigation measures would be required and therefore the Amended Plan is within the scope of the General Plan EIR and no new environmental documentation is required. I, Jeanne M. Leoncini, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 21st day of September, 1998, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips ABSTAIN: Councilmembers: None Jeanle'�Z. Le�• oncini, City Clerk 141\11\114658.1 2 SECOND AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT ATTACHMENT A 141\07\1 12381.3 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT Adopted by Ordinance No. 1079, November 20, 1972 Amended and Restated by Ordinance No. 1572, October 16, 1989 Amended by Ordinance No. 1669, November 21, 1994 Amended and Restated by Ordinance No. 1732 , , 1998 141\07\112381.3 TABLE OF CONTENTS Page I. INTRODUCTION.......................................................................................................................1 II. GENERAL DEFINITIONS.......................................................................................................1 III. PROJECT AREA BOUNDARIES...........................................................................................3 IV. GOALS AND OBJECTIVES...................................................................................................3 V. REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES ..........................4 A. Property Acquisition......................................................................................................5 1. Acquisition of Real Property ..............................................................................5 2. Acquisition of Personal Property ........................................................................6 B. Conforming Owners and Participation by Owners and Business Tenants.....................................................................................................................6 1. Opportunities for Owners and Business Tenants................................................6 2. Rules for Participation Opportunities, Priorities and Preferences ......................7 3. Participation Agreements....................................................................................7 C. Cooperation with Public Bodies.....................................................................................7 D. Property Management....................................................................................................8 E. Relocation of Persons Displaced....................................................................................8 1. Assistance in Finding Other Locations...............................................................8 2. Relocation Payments...........................................................................................8 3. Replacement Housing.........................................................................................9 F. Demolition, Clearance, Public Improvements, Building and Site Preparation...............................................................................................................9 1. Demolition and Clearance...................................................................................9 2. Public Improvements..........................................................................................9 3. Preparation of Buildings and Development Sites...............................................9 TABLE OF CONTENTS (continued) Page 141\07\112381.3 ii 4. Hazardous Waste Remediation and Removal.....................................................9 G. Rehabilitation and Moving of Structures by the Agency.............................................10 1. Rehabilitation....................................................................................................10 2. Moving of Structures........................................................................................10 3. Assistance for Certain Private Improvements...................................................10 H. Property Disposition and Development.......................................................................11 1. Real Property Disposition and Development....................................................1 l a. General..................................................................................................11 b. Purchase and Development by Participants..........................................11 c. Development.........................................................................................12 2. Personal Property Disposition...........................................................................12 3. Developer's Obligations...................................................................................13 a. Use........................................................................................................13 b. Time......................................................................................................13 c. Speculation............................................................................................13 d. Covenants..............................................................................................13 VI. PREVENTION OF DISCRIMINATION...............................................................................13 A. Redevelopment.............................................................................................................13 B. Contracts.......................................................................................................................14 C. Duration........................................................................................................................15 VII. PERMITTED LAND USES..................................................................................................15 A. Overview of Regulations.............................................................................................15 B. Permitted Land Uses....................................................................................................15 141\07\112381.3 ii TABLE OF CONTENTS (continued) Page C. Land Use Map..............................................................................................................15 D. Streets and Rights-of-Way...........................................................................................16 E. General Controls and Limitations................................................................................16 1. New Construction.............................................................................................16 2. Rehabilitation....................................................................................................16 3. Open Spaces and Landscaping..........................................................................16 4. Non -Conforming Uses......................................................................................17 5. Incompatible Uses.............................................................................................17 6. Resubdivision of Parcels...................................................................................17 7. Utilities..............................................................................................................17 8. Variances...........................................................................................................17 F. Standards for Development..........................................................................................18 1. Height and Bulk................................................................................................18 2. Density..............................................................................................................18 G. Dwelling Units.............................................................................................................18 H. Building Permit............................................................................................................18 1. Review of Applications.....................................................................................18 2. Appeal...............................................................................................................19 VIII. METHODS FOR FINANCING THE PROJECT................................................................19 A. General Description of the Proposed Financing Methods...........................................19 B. Tax Increments.............................................................................................................20 C. Affordable Housing Financing.....................................................................................21 D. Other Loans and Grants...............................................................................................22 141\07\1 12381.3 iii TABLE OF CONTENTS (continued) Page IX. ACTIONS BY THE CITY.....................................................................................................22 X. ENFORCEMENT....................................................................................................................23 XI. TIME LIMITATIONS............................................................................................................23 XII. PROCEDURE FOR AMENDMENT...................................................................................24 EXHIBIT A: Project Area Boundary Map EXHIBITS B AND C: Project Area Land Use Maps EXHIBIT D: Legal Description of Project Area Boundaries 141\07\1 12381.3 iv I. INTRODUCTION The Second Amended and Restated Redevelopment Plan for the Central San Rafael Project Area (the "Amended Plan") consists of 24 pages of text and four exhibits. This Amended Plan has been prepared by the San Rafael Redevelopment Agency, City of San Rafael, California, pursuant to the Community Redevelopment Law of the State of California, the California Constitution and all applicable laws and local ordinances. The Redevelopment Plan was originally adopted by the City Council of the City of San Rafael on November 20, 1972, by Ordinance No. 1079, as amended and restated by Ordinance No. 1572, adopted on October 16, 1989, and as further amended by City Council Ordinance No. 1669, adopted on November 21, 1994. All amendments have been incorporated in this Amended Plan. This Amended Plan has been prepared by the San Rafael Redevelopment Agency (the "Agency") pursuant to the Constitution of the State of California, the Community Redevelopment Law of the State of California (the "Redevelopment Law"), and all applicable laws and local ordinances. This Amended Plan provides the Agency with powers, duties and obligations to implement the program generally formulated in this Amended Plan for the redevelopment, rehabilitation, and revitalization of the Project Area. This Amended Plan does not present a specific plan or establish priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any particular area within the Project Area. Instead, this Amended Plan presents a process and a basic framework within which specific development plans will be presented, priorities for specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. W Many of the requirements contained in this Amended Plan are necessitated by and in accordance with statutory provisions in effect at the time of adoption of this Amended Plan. Such statutory provisions may be changed from time to time. In the event that any such statutory changes affect this Amended Plan's provisions or the Agency's authority to undertake certain actions, and would be applicable to the Agency, the Project, or this Amended Plan whether or not this Amended Plan were formally amended to reflect such statutory changes, then the provisions of this Amended Plan that are so affected shall be superseded by such statutory changes, to the extent necessary to be in conformity with such statutory changes. H. GENERAL DEFINITIONS The following references will be used in this Amended Plan unless the context otherwise requires: 141\07\112381.3 A. "Agency" means the San Rafael Redevelopment Agency, City of San Rafael, California. B. 'Blight" means those conditions as defined in the California Community Redevelopment Law, Health and Safety Code Sections 33031 and 33032. C. 'Boundary Map" means the map indicating the boundaries of the Project Area, which Boundary Map is attached hereto as Exhibit A. D. "City" means the City of San Rafael, California. E. "County" means the County of Marin, California. F. "General Plan" means the San Rafael General Plan, as it currently exists and as it may hereafter be amended. G. "Land Use Map" means the map setting forth the permitted land uses and major circulation routes within the Project Area, which Land Use Maps are attached hereto as Exhibits B and C. herein. H. "Owner" means any individual or entity owning "real property" as defined I. "Person" means any individual, or any public or private entity. J. "Plan," "Redevelopment Plan" or "Amended Plan" means this Second Amended and Restated Redevelopment Plan for Central San Rafael Project Area. K. "Planning Commission" means the Planning Commission of the City of San Rafael, California. L. "Project" or "Redevelopment Project" means Central San Rafael Redevelopment Project. M. "Project Area" or "Redevelopment Project Area" means the area included within the boundaries of Central San Rafael Redevelopment Project. N. "Real Property" means land; including land under water and waterfront property; buildings, structures, fixtures, and improvements on the land; every estate, interest, privilege, easement, franchise, and right of land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. O. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Section 33000 et sea.). 141\07\112381.3 2 P. "State" means the State of California. Q. "Zoning Ordinance" means the Zoning Ordinance of the City of San Rafael, California, as it currently exists and as it may hereafter be amended. III. PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the Project Area Boundary Map (Exhibit A). The legal description of the boundaries of the Project Area is contained in Exhibit D attached hereto and made a part of. IV. GOALS AND OBJECTIVES The Central San Rafael Redevelopment Project Area comprises the central areas of the City of San Rafael, consisting of the General Plan designated neighborhoods of Downtown, a portion of Montecito, East San Rafael, and Francisco Boulevard West. Historically, this area was the governmental, commercial, financial and industrial center of the City as well as the County of Marin. With the passage of time, this position of central importance has been eroded by the functional obsolescence of the facilities caused by aging and the development of competing facilities outside the central area. Changing market needs and increased competition have also taken their toll on the area. The need for capital improvements, the lack of adequately sized parcels, the mix of incompatible land uses, the increasing traffic congestion and the lack of comprehensive planning has hindered the revitalization and recreation of this central area. The purpose of this Amended Plan is to renew and create economic stimulation within this area, to capitalize on the characteristics and resources unique to the area, and to re-establish the image and awareness of this area as the vital center of San Rafael. Specifically, the goals of the Amended Plan are: 1. To guide and foster revitalization, rehabilitation and new development which meets the needs of the City, the Project Area and the citizens of San Rafael and provides a stable, diversified and strong economic base. 2. To enhance the visual characteristics of the Project Area and to protect the unique natural environmental resources. 3. To provide for increased sales, business and associated revenues and benefits to the City. 4. To promote new and continuing private sector investment within the Project Area which enhances the existing business activities and facilitates the growth of commercial activity. 141\07\112381.3 5. To retain existing businesses by enhancing and promoting their development and rehabilitation activities and by assisting the cooperation and participation of owners, businesses and public agencies in the growth and development of the Project Area. 6. To create local job opportunities and preserve the Project Area's existing employment base. 7. To protect the Project Area's position as a commercial center serving the City and surrounding area. 8. To eliminate deficiencies in the Project Area including an inefficient circulation system for vehicles, bicyclists and pedestrians, inadequate storm drains, insufficient and inefficient off street parking, and other similar deficiencies adversely affecting the Project Area. 9. To improve and increase the City's supply of affordable housing consistent with the Housing Element of the General Plan and the policies of the California Redevelopment Law. 10. To accomplish these goals with minimum of displacement of any property owner, resident or business person who may wish to remain within the Project Area. V. REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES The redevelopment of the Central San Rafael Redevelopment Project will be undertaken in accordance with the provisions of the California Community Redevelopment Law. The Agency proposes to strive for economic revitalization and beautification within the Project Area by: 1. Acquisition of certain real property; 2. Demolition or removal of buildings and improvements; 3. Rehabilitation; 4. Relocation assistance to displaced residential and non-residential occupants; 5. Installation, construction, or reconstruction of streets, utilities, landscaping, and other on-site and off-site improvements; 6. Disposition of property for uses in accordance with this Redevelopment Plan; 7. Redevelopment of land by private enterprise or public agencies for use in accordance with this Redevelopment Plan; 8. Providing for open space and recreational land use. 141\07\112381.3 4 1* A. Prouertv Acauisition Acauisition of Real Pronertv Except as specifically exempted herein, the Agency may, but is not required to, acquire or obtain options to acquire all real property located in the Project Area, by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring development, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. However, said power of eminent domain will not be exercised when: a) the property in question is improved with a structure and conforms to the Redevelopment Plan and in the determination of the Agency: (i) is not needed for those specific activities proposed by the Redevelopment Project; (ii) is not needed for the development of replacement housing for those displaced by Agency activity if any; (iii) is not needed for any other public improvement or facility; (iv) is not needed to promote historical or architectural preservation; (v) is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Redevelopment Plan; �iW (vi) is not needed for the elimination of environmental deficiencies including, among others, inadequate street layout, incompatible and mixed uses, overcrowding and small parcel size; or (vii) is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. b) the property in question is improved with a structure and although not conforming to the Redevelopment Plan the Agency has determined that the property and the structure can so conform (pursuant to the rules for owner participation) and the owner has thereafter entered into an owner participation agreement and is faithfully performing under the terms of the agreement; 141\07\112381.3 5 c) the property in question is owned by a public body; d) the Agency must commence eminent domain proceedings by January 5, 2011. The time limit on commencing an action in eminent domain cannot be exercised without further amendment to the Redevelopment Plan. Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such a method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition within the entire Project Area, unless the Agency is not authorized to acquire such property under other provisions of this Redevelopment Plan; 2. Acauisition of Personal Prouerty Generally personal property shall not be acquired. However, where necessary in the execution of this Redevelopment Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means except eminent domain. B. Conforming Owners and Participation by Owners and Business Tenants Opportunities for Owners and Business Tenants The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area, to continue or re-enter in business within the Project Area if they meet the requirements prescribed in this Plan. For that purpose the Agency has adopted rules for re-entry of business in the Project Area. It is the intention of the Agency that owners of parcels of real property within the Project Area where consistent with this Redevelopment Plan, be allowed to participate in this redevelopment by: retaining all or a portion of their properties, by acquiring adjacent or other properties in the Project Area; selling their properties to the Agency and purchasing other properties in the Project Area; and upgrading and developing their properties in conformance with this Redevelopment Plan. In the event a participant fails or refuses to rehabilitate or develop his real property pursuant to this Redevelopment Plan and/or the participation agreement, as an alternate thereto, the real property or any interest therein may be acquired by the Agency and sold or leased for rehabilitation or development in accordance with this Redevelopment Plan and the adopted rules for owner participation. 141\07\112381.3 6 The Agency may determine that certain real property within the Project Area presently meets the requirements of this Redevelopment Plan and the owners of such properties will be permitted to remain as conforming owners without a participation agreement with the Agency, provided such owners continue to operate and use the real property within the requirements of this Redevelopment Plan. The Agency may also determine that certain real property within the Project Area is substantially in conformance with the requirements of this Redevelopment Plan and the owners of such properties shall be allowed to remain as conforming owners provided said owners adequately landscape such property. The Agency shall not acquire, through the use of eminent domain, conforming property owned by conforming owners. In the event any of the conforming owners desire to: 1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or 2) acquire additional real property within the Project Area, then such conforming owners shall be required to enter into a participation agreement with the Agency in the same manner as required for owners of non -conforming properties. 2. Rules for Participation Opportunities. Priorities and Preferences Owners of property and business tenants may participate in the redevelopment of property in the Project Area in accordance with the Rules to Implement Preference To Dislocated Businesses and Owner Participants adopted or subsequently amended by the Agency. In general, these rules provide that existing business owners and business tenants within the Project Area be given preference for re-entry into business within the redeveloped Project Area. Owners will be required to submit proof to the Agency of their qualifications and financial ability to carry out their agreement with the Agency. 3. Participation Aereements Each participant, not a conforming owner, shall enter into a binding agreement with the Agency by which the participant agrees to rehabilitate, develop, or use the property in conformance with the Redevelopment Plan and to be subject to the provisions hereof. In such agreements, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Redevelopment Plan applicable to their properties. C. Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to 141\07\112381.3 7 coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. The Agency shall have the right to impose on all public bodies the planning and design controls contained in the Plan to insure that present uses and any future development by public bodies conform to the requirements of this Redevelopment Plan. 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. D. Property Management During such time as property in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment. The Agency may in any year during which it owns property in the Project Area pay to the City of San Rafael, Marin County, or any district or other public corporation which would have levied a tax upon such property had it not been exempt, an amount of money in lieu of taxes, provided that no such payment shall be made for any period during which such property is devoted to a public use. E. Relocation of Persons Displaced Assistance in Finding Other Locations The Agency shall assist all households, displaced by the Project, in finding other locations and facilities. There are in areas of the City of San Rafael, other than the Project Area (areas not generally less desirable in regard to public utilities and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area), decent, safe and sanitary dwellings, equal in number to the number of, and available to, such displaced families and persons which are reasonably accessible to their places of employment. In order to carry out the Project with a minimum of hardship to persons displaced from their homes, the Agency shall assist individuals and families in finding housing that is decent, safe, sanitary, within their financial means, in reasonably convenient locations, and otherwise suitable to their needs. The Agency is also authorized to provide housing outside the Project Area for displaced persons. 2. Relocation Pavments The Agency may pay reasonable moving expenses to persons (including families, business concerns, and others) displaced by the Project. This provision is not intended to provide incentives for commercial and industrial businesses to move out of the Project Area. 141\07\112381.3 The Agency may make such relocation payments for moving expenses where the Agency determines it is in the best interest of the Project and not to do so would create a hardship on the persons involved. The Agency may make such other payments as may be in the best interest of the Project and for which funds are available or which may be required by applicable law. 3. Renlacement Housing To the extent that the activities undertaken pursuant to this Redevelopment Plan destroy or remove dwelling units housing persons and families of low or moderate income, 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 or families of low or moderate income, an equal number of replacement dwelling units at affordable housing cost as defined by Health and Safety Code Section 50052.5, within the territorial jurisdiction of the Agency, in accordance with all of the provisions of Health and Safety Code Sections 33413 and 33413.5. F. Demolition. Clearance. Public Improvements. Building_ and Site Preparation Demolition and Clearance The Agency is authorized to demolish, clear, or move buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Redevelopment Plan. 2. 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) necessary to carry out this Redevelopment Plan. Such public improvements include, but are not limited to, over or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, buildings, parks, off-street parking, plazas, playgrounds, and landscaped areas. 3. Preparation of Buildings and Development Sites The Agency is authorized to prepare to cause or cause to be prepared as building and development sites any real property in the Project Area owned or acquired by the Agency. 4. Hazardous Waste Remediation and Removal The Agency may take any actions which it determines are necessary and which are consistent with other state and federal laws to remedy or remove hazardous waste on, 141\07\1 12381.3 9 under or from property in the Project Area in accordance with the requirements of Health and Safety Code Section 33459 - 33459.8, or any successor legislation. G. Rehabilitation and Movine of Structures by the Aeencv 1. Rehabilitation Any property which is not required for public improvements and which conforms or can be made to conform to the uses, rehabilitation standards, and other applicable controls of this Redevelopment Plan (in such a manner as to meet the objectives of this Redevelopment Plan at a cost determined to be feasible) shall be rehabilitated by the owner if he or she is willing and able to carry out such rehabilitation. If the owner is unwilling or unable to so rehabilitate the property, or acquire the property and sell it subject to rehabilitation by the purchaser, the Agency shall, in the beginning year of redevelopment execution, develop Property Rehabilitation Standards adapted to the physical conditions prevailing in the Project Area. The property rehabilitation standards will be a combination of existing code standards and supplementary requirements as approved by the Agency for residential and non-residential properties. Property rehabilitation standards shall be: a) Established for non- residential properties, which provide for the regulation of exterior maintenance of premises, exterior and interior maintenance of structures, structural components and functional areas; b) sufficiently high for residential properties to assure improved housing that is livable, healthful, safe, physically sound, and low enough in cost for present residents to afford; c) based on performance and at a level which encourages innovation and use of improved technology and gives promise of reducing construction costs; and d) sufficiently high to assure conformance to the objectives of the Redevelopment Plan and improvements in the general condition of the properties. 2. Movine of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved any building or other structure to a location within or outside the Project Area. 3. Assistance for Certain Private Improvements a. For any rehabilitation project, the Agency may take any action it determines necessary and consistent with local, state and federal law to provide for seismic retrofits as provided in Health and Safety Code Section 33420.1 and any successor statute. b. The Agency may take such actions as it determines are necessary to remove graffiti from public and private property in the Project Area pursuant to Health and Safety Code Section 33420.2 and any successor statute. 141\07\112381.3 10 C. The Agency may establish a program under which it lends funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the Project Area pursuant to Health and Safety Code Section 33444.5 and any successor statute. d. The Agency may assist in financing of facilities or capital equipment, including, but not necessarily limited to pollution control devices, for properties being developed or rehabilitated for industrial or manufacturing uses within the Project Area pursuant to Health and Safety Code Section 33444.6 and any successor statute. H. Property Disposition and Development 1. Real Propertv Disposition and Development a. General For the purposes of this Amended 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. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated leases or sales without public bidding. All real property acquired by the Agency in the Project Area shall be sold or leased for development for the uses permitted in the Redevelopment Plan. Real property may be conveyed by the Agency to the City or any other public body without charge. Property containing buildings or structures rehabilitated by the Agency shall be offered for resale within one year after completion of rehabilitation or an annual report concerning such property shall be published by the Agency as required by law. 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 insure that development is carried out pursuant to this Redevelopment Plan. All purchasers or lessees of property within the Project Area shall be required to use their property for the purposes designated in this Redevelopment 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 purpose of this Redevelopment Plan. b. Purchase and Development by Participants To provide adequate safeguards to insure that the provisions of this Redevelopment 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 141\07\112381.3 11 agreements, shall be made subject to the provisions of this Redevelopment Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the zoning ordinance, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, covenants running with the land, rights of reverted, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Redevelopment Plan. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation agreement shall be made expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer or use, occupancy, tenure or enjoyment of land in the Project Area shall contain such non- discrimination and nonsegregation clauses as are required by law. C. Development To the extent now or hereafter permitted by law, the Agency is authorized to pay for all or part of the value of the land and the cost of the installation and construction of any building, facility, structure, or other improvements either within or outside the Project Area for itself or for any public body or entity to the extent that such improvements would be of benefit to the Project Area. During the period of development in the Project Area, the Agency shall insure that the provisions of this Redevelopment Plan and of other documents formulated pursuant to this Redevelopment 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 approval and review. All development must conform to this Redevelopment Plan and all applicable Federal, State, and local laws, except as such may be modified by requirements of this Redevelopment Plan or Agency agreements entered into to carry out the purposes of this Redevelopment Plan. 2. Personal Property Disposition For the purposes of this Plan the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property. 141\07\112381.3 12 3. Developer's Obligations a. Use Purchasers of land within the Project Area shall be required to develop such land in accordance with the provisions of this Redevelopment Plan. The Agency shall have the right to withhold transfer of title to the land unless complete architectural plans and specifications for the building and site shall have been submitted to, reviewed, and approved in writing, by the Agency. The Agency shall have the right to refuse to approve any such plans or specifications for grading, parking, loading, construction, landscaping and signs, when in the opinion of the Agency, such plans or specifications do not conform with the conditions and objectives of the Redevelopment Plan. b. Time Developers of land within the Project Area must complete development within such reasonable period of time as is agreed to with the Agency. No building shall be occupied during construction or until made to comply with all requirements as set forth herein. Every building or other structure placed on any part of the project land shall be constructed from new material except with written approval of the Agency. C. Speculation No developer shall resell, lease, sublease or otherwise dispose of land purchased from the Agency until the construction, as approved by the Agency, has been completed, except with the prior written consent of the Agency. d. Covenants No covenant, agreement, lease, conveyance, or other instrument shall be affected or executed by the Agency or by a redeveloper or any of his successors or assigns, whereby land in the Project Area is restricted on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease or rental, or in the use of occupancy thereof. Appropriate covenants running with the land which will prohibit such restrictions shall be included in the disposition instruments. VI. PREVENTION OF DISCRIMINATION A. Redevelopment The redeveloper shall comply with all State and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease or occupancy of the property. Pursuant to California Health and Safety Code (Sections 33337 and 33435-33436), contracts 141\07\1 12381.3 13 entered into by the Agency relating to the sale, transfer, or leasing of land, or any interest therein acquired by the Agency within any redevelopment area or project, the provisions of said Section in substantially the form set forth therein shall be included in such contracts, and such contracts shall further provide that the provisions of said Section shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties all other transferees under the instrument. B. Contracts All deeds, leases or contracts for the sale, lease, sublease or other transfer or any land in the Project Area shall contain the following nondiscrimination clauses as prescribed by the California Health and Safety Code, Section 33436 (as amended): In deeds, the following language shall appear: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees 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 or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any persons 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 herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 141\07\112381.3 14 C. Duration The covenants in deeds, leases, and contracts from or with the Agency, with respect to Prevention of Discrimination, shall remain in effect in perpetuity. VII. PERMITTED LAND USES A. Overview of Reaulations The City of San Rafael has adopted a General Plan which is in full compliance with the State requirements for general plans. The permitted land uses, land use standards and other evaluation guidelines of this Redevelopment Plan shall be those set forth in the General Plan. It is further intended that all provisions of the Zoning Ordinance be applicable to development in the Project Area, and that all development in the Project Area comply with all applicable State and local laws, codes and ordinances in effect from time to time in the City, in addition to any requirements of the Agency imposed pursuant to this Redevelopment Plan. Finally, the applicable City zoning and planning processes shall continue to have full effect and shall continue to serve as the primary determinant for land use decisions in the Project Area. B. Permitted Land Uses As noted in the overview to this Part, the Redevelopment Plan adopts the land uses set forth in the General Plan as the permitted uses within the Project Area. It is intended that the land uses set forth in the General Plan now or as it may hereafter be amended shall be the land uses governing the Redevelopment Plan. C. Land Use Man The Project Area Land Use Maps (Exhibits B and C) show the permitted land uses, major circulation routes and street layout, the location of proposed open space areas, and the property to be devoted to public purposes within the Project Area. The specific types of uses and activities permitted or conditionally permitted in each land use category mapped on the Project Area Land Use Maps (Exhibits B and C) are those types of uses and activities described in the General Plan for the relevant land use category. The land uses shown on the Project Area Land Use Maps (Exhibits B and C) are drawn from the Land Use Element of the General Plan and shall be deemed to be automatically modified as the Land Use Element of the General Plan may be revised from time to time, in order to maintain conformance of this Redevelopment Plan with the General Plan, as provided in Section A and B of this Part. 141\07\112381.3 1$ D. Streets and Riahts-of-Wav All streets within the Project Area may be widened, altered, or vacated for purposes of development of the Project. New streets may be created as necessary. The anticipated configuration of streets within the Project Area (including existing streets to be retained) is shown on the Project Area Land Use Maps (Exhibits B and C). These public rights- of-way shall be used for vehicular and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in the public rights-of-way. Any and all street vacations pursuant to this Redevelopment Plan shall be in accordance with the City's public hearing requirements as well as all other applicable law including, but not limited to, those provisions set forth in the California Streets and Highways Code. E. General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Redevelopment Plan. No real property shall be developed, rehabilitated, or otherwise changed or used after the date of adoption of this Redevelopment Plan except in conformance with this Redevelopment Plan and all applicable State and local laws and standards in effect from time to time. 1. New Construction All new construction shall comply with all applicable State and local laws in effect from time to time. 2. Rehabilitation Any structure within the Project Area which will be retained as part of this Project shall not be altered, reconstructed, or rehabilitated unless it is done so in conformance with this Redevelopment Plan and any and all guidelines which may be adopted by the Agency to assist in the implementation of the Redevelopment Plan. This conformity shall extend to the architectural character, the public spaces and other elements as required by the City and/or Agency. 3. Oben Spaces and Landscanine The approximate amount of open space to be provided within the Project Area is set forth in the General Plan and is hereby incorporated as part of the goals of this Redevelopment Plan. These areas include, but are not limited to, the total of all areas which will be in the public rights-of-way, open space areas, the space around buildings, and all other outdoor areas not permitted through applicable limits of land coverage to be covered by buildings. Landscaping plans may be required to be submitted to the Agency for review and approval. 141\07\112381.3 16 4. Non -Conforming Uses The Agency is authorized to permit existing uses to remain or proposed uses to be created, which uses do not otherwise conform to the provisions of this Redevelopment Plan, provided that such uses are determined by the City under its applicable laws to be acceptable, and with such conditions as the City may apply. 5. Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or other similar factors that would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. 6. Resubdivision of Parcels After rehabilitation and development pursuant to a Participation Agreement adopted by the Agency and pursuant to this Redevelopment Plan no parcel in the Project Area, including any parcel retained by a conforming owner or participant, shall be resubdivided without the approval of the Agency. 7. Utilities The Agency will work with all utility companies to encourage the undergrounding of utility equipment, including, but not limited to, the following: transformer vaults or pads, water meters and valves, telephone pull boxes, manhole inlets, and drain facilities, and Cable television. 8. Variances Under exceptional circumstances, the Agency, upon the recommendation of the City, is authorized to permit variances from the limits, restrictions, and controls established by the Redevelopment Plan. In order to permit such a variance, the City shall determine that: a. The application of one or more of the provisions of this Redevelopment Plan would result in unnecessary hardship to the property owner; and b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; and c. Permitting a variance from the limits, restrictions, or controls of this Redevelopment Plan will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and 141\07\112381.3 17 d. Permitting a variance will not be contrary to the objectives of the Redevelopment Plan. F. Standards for Develonment Within the limits, restrictions, and controls established in the Redevelopment Plan, the Agency, upon the recommendation of the City, is authorized to establish specific building heights, building coverage, design criteria, architectural character, landscaping character, sign character, traffic circulation ingress and egress, and any other development and design control necessary to implement the Redevelopment Plan. Said controls would relate to both private and public areas within the Project Area. No new development shall be constructed and no existing improvements shall be substantially modified, altered, repaired, or rehabilitated except in accordance with the aforementioned standards for development. Said standards may be adopted by the Agency upon the recommendation of the City. Heieht and Bulk On any building site, the height and bulk of structures shall be regulated as provided in the City's General Plan and Zoning Ordinance. 2. Densitv The maximum permitted density of development (including dwelling unit density) on any building site shall be regulated as provided in the General Plan and Zoning Ordinance. G. Dwellina Units The approximate number of dwelling units within the Project Area at the time of adoption of this Amended Plan is 3,850. H. Building Permit 1. Review of Annlications Upon the adoption of this Redevelopment Plan, no permit shall be issued for the construction of any new building or the addition to an existing building or any permit for rehabilitation in the Project Area until the application for such permit has been processed in the manner herein provided. Any permit that is issued hereunder must be for construction or maintenance which conforms to the provisions of this Redevelopment Plan. The procedure for filing an application for a building permit shall be the same procedure currently used by the City in processing building permit applications. Upon receipt of an application by the Building Department, the Building Department shall submit to the Executive Director (or the authorized designee(s) of the Executive Director) of the Agency 141\07\112381.3 18 said application for review to determine if the proposed improvements conform to the Redevelopment Plan. With fifteen (15) days thereafter, the Executive Director or his or her designee(s) shall submit a report to the Building Division on said application. Said report shall: a) Deny the application. b) Approve the application. C) Approve the application with modifications or conditions deemed to be necessary by the Executive Director. After receipt of the report or after 15 days from submittal of the application to the Executive Director or his or her designee(s), whichever occurs first, the Building Department shall issue the permit with conditions, if any, as set forth in the Executive Director's report, or shall deny the issuance of the permit pursuant to the Executive Director's report. 2. Appeal The applicant or the Agency may appeal the Executive Director's decision to withhold, to conditionally allow or to allow the issuance of such a permit pursuant to established City procedures. The appeal will be made to the Agency Board of Directors within thirty (30) days from the date of the Executive Director's Report. VIII. METHODS FOR FINANCING THE PROJECT A. General Description of the Proposed Financing Methods Upon adoption of this Redevelopment Plan by the City Council, the Agency is authorized to finance this Project with financial assistance from the City of San Rafael, State of California, Marin County, Federal Government, Property Tax Increments, Interest Income, Agency notes and bonds, or any other available source. The advances for survey and planning and the operating capital for administration of this Project may come through loans from the City. Such loans shall be on terms established by the City and the Agency. The City may also supply additional assistance through City loans and grants for various public facilities. As available, gas tax funds from the State of California and the County of Marin may be used toward the cost of the street system. There will also be some revenue accruing to the Project from interest earned on investments of Agency funds. The Agency is hereby authorized to obtain advances, borrow funds and create indebtedness and other obligations in carrying out this Redevelopment Plan after first submitting 141 \07\112381.3 19 a financing summary of each project. The principal and interest on such advances, funds, indebtedness and other obligations, may be paid from tax increments or any other funds available to the Agency. B. Tax Increments All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State of California, County of Marin, City of San Rafael, 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: (1) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by, or for, each of 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,) as 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 paid. For the purpose of allocating taxes levied by, or for, any taxing agency or agencies which did not include the territory of the 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 Marin last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project on the effective date; and (2) That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, this Redevelopment Project. Unless and until the total assessed valuation of the taxable property in the redevelopment exceeds the total assessed value of the taxable properties in such Project as shown by the last equalized assessment roll referred to in paragraph (a) hereof, all of the taxes levied and collected upon the taxable property in the Project shall be paid into the funds of the respective taxing agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in subdivision (2) above may be irrevocably pledged by the Agency for the payment of the principal of and interest on money advanced, loans, or any indebtedness (whether funded, refunded, assumed or otherwise) by the Agency to finance or refinance in while or in part, Central San Rafael Redevelopment Project. 141\07\112381.3 20 As to tax increment generated within the Project Area, no more than $240,000,000 may be divided and allocated to the Redevelopment Agency without further amendment to this Plan. The Agency may in any year during which it owns property in the Redevelopment Project pay directly to the City of San Rafael, County of Marin and any other taxing district with jurisdiction in the Project Area, [including but not limited to 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 such taxes. The Agency may also pay to any taxing agency with territory located within the Project Area, other than the City of San Rafael, any amounts of money which in the Agency's determination is appropriate to alleviate any financial burden or detriment caused to any taxing agency by the Redevelopment Project. The payments to a taxing agency in any single year shall not exceed the amount of property tax revenues which would have been received by the taxing agency if all the property tax revenues from the Project Area had been allocated to all the affected taxing agencies without regard to the division of taxes required by Health and Safety Code Section 33670, except that a greater payment may be established by agreement between the Agency and one or more taxing agencies, except a school district, if the other taxing agencies agree to defer payments of one or more years in order to accomplish the purposes of the Project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred. The payments shall be approved by Resolution, adopted by the Agency, which shall contain findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. The requirement that the Agency may make payments to a taxing entity only to alleviate a financial burden or detriment, as defined in previously -existing Health and Safety Code Section 33012, and only after approval by a Resolution which contains specified findings, shall apply only to payments made by the Agency pursuant to an agreement between the Agency and a taxing entity which is executed by the Agency on or after January 1, 1985 and prior to January 1, 1994. C. Affordable Housing Financing Pursuant to the Redevelopment Law (Health and Safety Code Section 33334.2), a minimum of twenty percent of all tax increments allocated to the Agency shall be used for the purposes of improving and increasing the community's supply of low- and moderate -income housing available at affordable cost, unless the Agency makes one or more of the findings specified in Health and Safety Code Section 33334.2(a). Tax increment revenues allocated to the Agency and earmarked for housing purposes will be used to fund existing and new programs for housing development and rehabilitation in a manner consistent with the Housing Element of the City's General Plan, and/or other applicable 141\07\112381.3 21 City housing policies, as they now exist or may hereafter be amended. The permitted uses in the Project Area allow for the development of very low, low and moderate income housing. D. Other Loans and Grants Any other loans, grants, or financial assistance from the United States, or any other public or private source may be utilized if available. IX. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Redevelopment Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of the Redevelopment Plan and to prevent the recurrence or spread in the area of conditions causing blight. Action by the City may include, but not be limited to, the following: A. Initiation and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights -of -ways, and for other necessary modifications of the streets, the street layout, and other public rights -of -ways in the Project Area. Such action by the City shall include proceedings for the abandonment and relocation of public utilities in the public rights -of -ways as appropriate to carry out this Redevelopment Plan. B. Initiation and completion of proceedings necessary for changes and improvements in publicly -owned public utilities within or affecting the Project Area. C. Initiation of proceedings for revision of zoning, where necessary within the Project Area, to permit the land uses and development authorized by this Redevelopment Plan. D. Imposition wherever necessary (by conditional use permits or other means) of appropriate controls, within the limits of this Redevelopment Plan, upon parcels in the Project Area to ensure their proper development and use. E. Provision for administrative enforcement of this Redevelopment 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 Redevelopment Plan. F. 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 to carry out the Project. 141\07\112381.3 22 X. ENFORCEMENT After development, the administrative enforcement of this Redevelopment Plan or other documents implementing this Redevelopment Plan shall be performed by the City or the Agency. The provisions of this Redevelopment Plan or other documents entered into pursuant to this Redevelopment 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 Redevelopment 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. XI. TIME LIMITATIONS Except as provided in Health and Safety Code Sections 33333.6(g) and (h), and except for any other authority in excess of the following limits that may from time to time be granted by statute (which authority shall be deemed to be incorporated into the provisions of the Amended Plan by this reference and shall supersede the following limits): A. The time limit on the establishing of loans, advances, and indebtedness, adopted pursuant to Health and Safety Code Section 33333.2(2), shall be January 1, 2004, unless the Amended Plan is amended as permitted by law. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334.2 and 33334.3 or from establishing more debt in order to fulfill the Agency's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the date set forth in this paragraph if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. B. The effectiveness of the Amended Plan (including, without limitation, the effectiveness of the Agency's land use controls under the Plan) shall terminate on November 20, 2012. After expiration of this time limit on the effectiveness of the Amended Plan, the Agency shall have no authority to act pursuant to the Amended Plan, except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. C. The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after November 20, 2022. The above time limits shall not affect the validity of any bond, indebtedness, or other obligation, including, but not limited to, any agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council or the Agency prior to January 1, 1994. Nor shall this time limit be construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670 to pay such indebtedness or other obligation. 141\07\112381.3 23 This Part XI supersedes any inconsistent provision of the Plan. XII. PROCEDURE FOR AMENDMENT This Redevelopment Plan may hereafter be amended by means of the procedure established in the Redevelopment Law (see California Health & Safety Code Sections 33450 to 33458), as the same now exists or as hereafter amended, or by any other procedure hereafter established by law. As appropriate, disposition, rehabilitation, land acquisition and clearance, and other specific activity supplements, may be added to this Redevelopment Plan prior to the initiation of such activities. 141\07\112381.3 24 5 O •.i EXHIBIT A lk 4 S. LE I T. Hill F1 [i 0 a T 0 0 0 0 0 a 3 0 a 3 R cl 0 0 0 n 01 C.; z IF b m ❑ � ❑ 1 0 w ch uO E LAND USE MAP -DOWNTOWN r r a oel redevelopment agency EXHIBIT B FRANC'SCO BLVD. WEST LAND USE MAP EAST SAN RAFAEL totbel re,devel Prnen' EXHIBIT C BEGINNLNG AT THE intersec- tion of the easterly line of Lindaro Street with the southerly line of Jordan Street in the City of San Rafael, County of Marin, State of California; thence southeasterI along the southerly and westerly line of Jordan Street to its inter- section with the northerly line of Lovell Avenue; thence following the prolongation of the previous course southerly and across Lov- ell Avenue to the southerly line of Lovell Avenue. thence easterly along the southerly line of Lovell A,*enue and continuing southeas- terly along lbe westerly line of Irwin Street to its intersection with the northerly line of Wood- land Avenue; thence southerly and across Woodland Avenue to the intersection of the westerly line of Irwin Street with the southerly line of Woodland Ave- nue, thence easterly across Irwin Street and continuing easterly and southeasterly along the south- erJy and southwesterly line of Woodland Avenue to the San Ra- fael City limits; thence following said City Limits line in a general- ly easterly direction to a point on `d Limits line, which point is on , southerly right-of-way line of Mate Highway 17 and distant southeasterly 2,400 feet, more or less, from East Sir Francis Drake Boulevard; thence northeasterly I across State Highway 17 and Francisco Boulevard to a point on ' the northerly line of Francisco Boulevard, which point is distant thereon South 77' 50' 18- West 39.16 Feet from the juncture of courses North 77' 18' East 105.14 feet and the Tangen: arco1 radii, 527 lent, central angle of 38' 77' 13' and length of 353.69 feet; THENCE ALONG the easterly lines of the lands of McCormick the following courses: North 39' 15' East 95.69 feel, North i5' East 119 77 feel; North 9G feet, more or less, northeasterly 123.38 feet; and North 200 feet, more or less, to the common point of Lots 22, 23, 26 and 27 of Section 12, Town- ship 1 North - Range 6 West as shown on Salt Marsh and Tide- lands Map No 2; thence West 660 feet along the northerly line of Lot 26 mentioned above; thence North along the easterly line of Lot 24 of above mentioned Salt • -sh and Tidelands Map 1,320 thence North along the com- mon line of Lots 9 and 10 of said Map 204 feet, more or less; thence North 49' 54' Ota' West 707 feet, more or less; thence North 14` 2,4' West 430 feet, more or less, to a point on the common line of Sections 11 and 12 of Salt Marsh EXHIBIT "D" ;and Tidelands Map No. 2; thence North along said line to the junc- ture of Sections 1, 2, 11 and 12 of said map; thence continuing North along the common line of Sections 1 and 2, above, to its Juncture with course No. 4 of the meanders of the San Rafael Canal as described on above mentioned Salt Marsh and Tidelands Map No 2; thence northweAerly 1.400 fret, more or less, to a point on course No. 54 of said San Rafael Canal. which point is also on the San Rafael City Limits line; thence northerly along said lim- its line to and across Bay Way; thence continuing along said Lim- its line and the northerly lint of Bay Way easterly to the most southeasterly corner of Lot bb of the Map of Uplands; thence con- tinuing along aforementioned Limits line and the easterly line of said Lot 66 northeasterly to the southerly line of Bellevue Ave- nue; thence northwesterly and northerly along the westerly line of Bellevue Avenue and the afure- mentioned City brines line to Point San Pedro Ruad; the-nce westerly along said Limits luk to the easterly line of Bay Way; thence southeasterly along the easterly line of Bay Way and continuing along said Limits line to the most northwesterly corner of Lot H1 of the Map of Uplands, thence westerly across B.ty Way and cunlinuing along said Inuits line to the most suuthueslerly corner of Lol 3 of the Map of Uplends; thence northerly along said Limits line and the easterly houndary of the Map of Marina Vista to Point San Pedru Road; thence westerly and snuthAc.%ler- ly along said Limits line and Point San Pedro Ituad to the westerly line of Sea Nab thence southeasterly and southerly al-ing I the westerly line of Sea Way to its terminus, thence southerly along the easterly lines of Lot 14 of the Map of Marina Vista to the most southeasterly corner of said lot and said subdivision, thence southwesterly 35 feel, more or less, to the easterly terminus of the northerly construction line of the San Rafael Canal as shown on that map entitled, "Freeway and Construction Lines for the San Rafael Canal a% adopted by the San Rafael City Council June 15, 1959"; thence westerly alone; said construction litre of said canal to a point directly opposite to and southerly of the must southerly point of Lot 59 of the Map of Harbor Estates, thence northerly to said point, thence northwriler- ly 35 fest, more or less, to a point on the San Rafael City Limits line; thence southwesterly and westerly along said City Limits line to a point in Mooring Road; thence northerly and conlinuing along said Limits line to the northerly right-of-way line of Mooring Road, thence leaping said Limits line and fallowing said northerly line of Mooring Road northwesterly to a point in Point San Pedro Road, which point is also a point in thu San Rafael City Limits line; thence southwesterly and northeasterly along said Cite Limits line to the ' northerly right-of-way line of ' Third Street. thence northwester-ly along the northerly line of Third Street to a point between Union Street and Mare Street, which point is the most sotifficas- lerly corner of the Lands of Union Oil Company; thence North 15` 19' East 232 feel, more or less; thence North 75' V2' West 120 feel to the easterly line of Mary Street; thence northeasterly along said easterly line to the southerly line of Fourth Street; thence easterly along the souther- ly line of Fourth Street to and across Union Street; thence North 30` 50' East along the easterly line of Union Street to the southerly line of Mission Avenue; thelic•e northerly to the most nurtheast- erly corner of the intersection of Union Street with Mission Ave- nue; thence northwesterly along the northerly line of Mission A%e- nue to its juncture with the east- erly line of Grand Avenue, thence southerly and along the easterly line of Grand Avenue to a point which is distant South 81` East 260 feet, more or less, (ruin the south- easterly corner of Lot 6 of Stat, No 2 of a portion of Culenian Tract situated in Blork 54 of the Map of Colemans Addition to San Rafael, th, ice North HI' West _i,+t feet, more or less, to said point, thence North 9 East 111.32 feet to the southerly line of Mission A%e- i nue; thence along said southerly line South 81' East to the %LvArrly line of Grand Avenue; thence northerly to the juncture of the westerly line of Grand Avenue with the northerly line of Mission Avenue; thence westerly along the northerly line of Mission Ave- nue to the easterly line of the Northwestern Pacific Railroad right-of-way; thence- northerly stunt; said rigiltof-wa' to the easterly rxtensiun of the norther- ly Inic of Laurel Place, thence west( -r!) along said ni-illic•rh line 217 feat, inure or less. ihrnce soulherl) ind across L.ui.-I Place 45 feel; thence 5c►ulh is, 15' West 59 fee -t; thence westerly 95 feel to the easterly line of Lincoln Avenue; thence norl1wrly along [lie easterly line of Lincoln Ave- nue to the northerly fine of Laurel Place; thence westerly across Lincoln Avenue and along the northerly line of Laurel Place 3110 fret, more or leas, thence south. erly and crosstr►g Laurel Place 45 fret to a point un the southerly right-of-way line Of Latirel Place. which puint is the most nurthw•es- lerll corner of lend., of Shucliv; thence South 10 3u 14c.;t to the ,rwrtherly right-of-way heir of Alis- Ision Avenue: thence westerly along clic nurtherly% line of A1►.- bion A%enue to the roast t►urtherly extent of the westerly line of 'R' Street; thence southerly alone; said w•eslerly line 93.lt fret to the northerly line of Mission Avenue: thence westerly alum; the north- erly Ime of lifissu►n Avenue to the easterly- line of 'If' Street. tlicnce southerly 541 feel, more or less, to the juncture of the easterly line of 'H' Street with the southerly line Of Alission Avenue; t6enc•e easier - I.)" al0llg file suutherly line of 'fission Avenue to a point which distant Ihercun 152.5 feet west- erly of Coll.ige Avenue, said point being the most nurtheasterly cur- ner of the lands of First Church (►f Christ Scientists of San Rafael; thence southerly alone; the easter- ly line of said lands ISG feet to the northerly line of Fifth avenue: thence westerly along said north- erly line to the easterly line of '11' Street, thence southerly to the juncture of the ea%lcrl)- line of 'H' Street with the southerly line of Fifth Avenue: thence easterly alone; said southerly line 199.2 feat to the most northwesterly corner of the Lands of Silmar: thence southerly 1011 feet; thence wester. ly 25 feet, thence southerly 25 feel. thence westerly 25 feet; thence southerly Sit feet: thence Mrsterly % feet and southerly 125 feet along the norlhvrly and wem- erly lines, respectively, of the Lands of Hunt to a w►tnl on the northerly line of E'ourth Street. thence westerly along the north- erly line of Fourth Street to the easterly line of El Camino Ave. nue. thence North 3' 02' West 11; 99 feet along the e.isterly lint Of EI Camino Avenue. thence 'It We 58' Kest Oil feet to the erly line of El Camino Ave- nue, thence South 3' 01' East 10.02 feel to the most rxirtheasterly cornrr of L-inds of Pierce: thence Sciufh NS• 55' Wesl 446 9 feel. thence North W 06' Kest 53.22 fact, thence South 32' 54' Weal 69 62451 105.1+ feel to the nurthcrly line of Fourth Street, thenar soulhwes- lerly across Fourth Street and continuing across West End Ave- nue, 1611 (rel, more or less, to the most northeasterly corner of Lot 24 of the Map of West End Addc- lion; thence South 21* .13' West 1(x) fret. thence South 70' 35' Fast 101.15 feet to the we.trrly line of Marquurd Avenue; thence southwesterly across 1larquard Avenue, NI feet, more or less, to the paint on the ea.%lerly line of Marquard Avenue which point is the puncture of courses North 51- 24' East 23 79 feet and North 51' 24' East 19.(18 feet, thence South 64' 55' East 7970 feet; thence South 17' 47' West 19 2 feet; thence South 68" 21' East 209 41 feet to the westerly line of West Street; thence southerly along said wc.tcrly lint, to a point on said line where it is intersected by the westerly extension of the southerly line of Jessup Street-. thence easterly alone; said south- erly line of Jessup Street to its terminus; thence continuing South 71' 49' East 63.7 feet: thence North 43' 31' East 10 feet to the most westerly corner of the Lands of Relloli; thence southeas- lerly alung the southwesterly line of s.iid lands to the westerly line of Miraflures Avenue. thence southeasterly 30 fret, more or less, to the easterly line of Miraf- lores Avenue. Ilience along the right -of -May lirw of Miraflores Avenue northeasterly, easterly and southerly to the must norther- ly corner of the Lands of Lean, thence crossing Miramar Avenue to the most rwrlhwesfurly point of 1 the Lands of Ensign; thence southeaslerl� alone the northerly 1 ' line of said lands, which line is :also the rightof-wry line of Mira - i mar Avenue; thence continuing along the lane of Miramar Avenue southerly to the most easterly pnnt of the lands of Humphries; thence South 21' 45' West 35 feet. more or less; thence South 68' 15' East 8 feet, more or less; thence South 66' 15' East 101.1 feet; thence North 21' 45' East 150 feet; thence South 68' 15' East 60 feet: thence along the terminus of Jones Place South 21' 45' Kest 25 fret; thcnc•c southeasterly along the southerly line of Jones Place to the westerly line of Welch Street: thence southwesterly along said westerly line to the northerly line of Clayton Street: thence southeasterly 60 feet, more or less. to the juncture of the mriherly line of Clayton Street wilh the easterly line of Wcich Street: thence northeasterly alone; the easterly line of Welc-li Street FA feet; thence South tiff" 15' East 3tx1 feet ter the westerly fine of 'E' Street; thence along said Mesterly line South 21. 45' West 150 fret; thence southeasler- IY 75 feet. more or less, to the easterly line of 'E' Street. thence along said crsterly line North 21' 45' Fact nw 17 feet to the southerly laic of fiances Street, thence caaerly alone; said southerly line 252 feel. more or less, thence nnrthe•rl%- and crossing Frances Sircel 50 feel, more or les.; thence North T 0;' Earl 91 feet. more or less; thence South &r 1:► East 14 feet. more or less; thence Nurlh 21' 45' East 23 feet. thence tiuuth 6W 15' East 17 feet, more or less: thence South 21' 45' West 23 feel; thence South 83' 30' East 3t1 feet. more or less; thence North 7. 07' East 69 feet, more or less, to the soulherly line of First Street; thence southeasterly alotig said southerly line to the westcrlc line of 'D' Street; thence southerly along said westerly -line to the point on said line where it is intersected by the extension westerly of the northerly fine of Taylor Street; thence easterly along said northerly line of Tay- lor Street and its extension to the easterly line of 'B' Street; thence along said easterly line North 6' 30' East 10 feet, more or less, to file most southwesterly corner of the Lands of the City of San Rafael known as Albert Park; thence alcing the southerly bound- ary of said lands easterly to the westerly line of Lindaro Street; thence southerly along said west- erly line 35 feet, more or less; thence easterly across Lindaro Street 75 (cel. more or less, to the 1►oini of beginning EXCLUSING THEREFROM Parcel 'A' described as follows - BEGINNING AT a point on the southwesterly line of Eiighw•ay 101 said point being also the point Of Ituginn►ng of that parcel of land conveyed to William A. Timmer on March 25,1965, as described in Book 1923 of Deeds, at. Page 137, Marin County Records; thence around said parcel the following courses; South 35' 20' West 64s 35 Heel. thence North 41' 57' West 1112.52 feel; thence North 35' 20' East 649.37 feet; thence southea.- terly along the southwesterly line of Highway 101 along an arc concave to the west, tangent to a j line bearing South 45' 42' 21' East• having a radius of 1.172 feet• through a central angle of 4' 52' 31' for a distance of lot) 06 feet to the point of beginrung