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.
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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
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SECOND AMENDED AND RESTATED
REDEVELOPMENT PLAN
FOR THE
CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT
ATTACHMENT A
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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
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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
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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
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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
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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
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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:
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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.).
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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.
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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.
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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;
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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.
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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
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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.
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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,
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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.
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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
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EXHIBIT A
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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