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Ordinance 2754CITY OF ALAEDA ORDINANCE NO 2754 New Series APPROVING AND ADOPTING THE COMMUNITY IMPROVEMENT PLAN FOR THE ALAEDA POINT IMPROVEMENT PROJECT WHEREAS, in recognition of the need to mitigate the economic and social degradation that is faced by communities the jurisdictions of which include military bases that have been ordered to be closed or realigned by the federal Base Closure Commission, the Legislature adopted legislation to enable redevelopment agencies to place in a proj ect area portions of a military base that were previously developed but that cannot be utilized in their present condition because of, in whole or in part, substandard infrastructure and buildings that do not meet state building standards , which legislationis contained in Chapter 4.5, Article 1, commencing with Section 33492 of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "General Base Closure Legislation ); and WHEREAS, in recognition of the need to mitigate the very serious economic effects of the closure of the Alameda Naval Air Station and the Fleet Industrial Center on the City of Alameda (the "City ), the surrounding cities and the Countyof Alameda, the Legislature adopted special legislation pertaining to the adoption of a redevelopment plan for all or part of the lands within the Alameda Naval Air Station and the Fleet Industrial Center properties contained in Chapter 4. Article 7, commencing with Section 33493.1 of the Community Redevelopment Law (the "Special Base Closure Legislation and WHEREAS, the City Council of the City of Alameda (the City Council") has received from the Community Improvement Commission of the City of Alameda (the "CIC") the proposed Community Improvement Plan (the "Plan ) for the Alameda Point Improvement (the "Project"), as approved and recommended by the CIC, a copy of which is on file at the office of the CIC at 1701 Webster Street , Alameda, California, and at the officeof the City Clerk at 2236 Santa Clara Avenue, Alameda, California , together with the Report of the CIC to the City Council on the proposed Plan , including: (1) the reasons for selection of the proj ect Area; (2) a description of the physical and economic conditions existing in the Project Area; (3) a description of specific projects proposed by the CIC in the proj ect Area and an explanation as to how the proposed projects will improve or alleviate the conditions existing inthe Project Area; (4) the proposed method of financing redevelopment of the Project Area , including an assessment of the economic feasibility of the Project and an explanation of why the elimination of blight and redevelopment of the proj ect Area cannot be accomplished by private enterprise acting alone or by the City Council's use of financing alternatives other than tax increment financing; (5) a Five-Year Implementation Plan for the proj ect; (6) a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities as a result of the Plan; (7) an analysis of the Preliminary Plan for the proj ect; (8) a summary of public meetings held on the Plan; (9) a neighborhood impact report; (10) the County Fiscal Officer Report; and (11) a summary of consultations with affectedtaxing agencies and responses to written objections and concerns expressed by affected taxing agencies during the consul tations; and WHEREA, the City Council and the CIC held a joint public hearing in the City Council Chambers, 2263 Santa Clara Avenue, Alameda, California on February 17, 1998, to consider adoption of the Plan; and WHEREAS , a notice of said hearing was duly and regularly published in the Alameda Times Star, a newspaper of general cirCulation in the City of Alameda, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the CIC; and WHEREAS, copies of the notice of joint public hearing were mailed by first-class mail to the last known address of each assessee of each parcel of land in the proposed proj ect Area as shown on the last equalized assessment roll of the County of Alameda; and WHEREAS, copies of the notice of were mailed by first-class mail to business occupants within the proposed j oint public hearingall residential and proj ect Area; and WHEREAS, copies of the notice of j oint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which levies taxes upon any property in the proj ect Area; and WHEREAS, the City Council has considered the Report of the CIC and the Plan; has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan; and has adopted written findings in response to each written objection to the Plan from an affected taxing entity or property owner; and WHEREAS, by Resolution No. 98-75 adopted on February 17, 1998, the CIC has determined that the need to adopt the plan at the soonest possible time in order to use the authority in the Special Base Closure Legislation requires the delay of the application of the California Environmental Quality Act to the adoption of the Plan; and WHEREAS, all actions required by law have been taken by all appropriate public bodies; NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF ALEDA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 That the purpose and intent of the City Council with respect to the proj ect Area is to accomplish the following: (a) the elimination of blighting influences and the correction of environmental deficiencies in the proj ect Area, including, among others, buildings in which it is unsafe or unhealthy for persons to live or work , small and irregular lots, faulty exterior spacing, obsolete and aged building types, mixed character or shifting uses or vacancies, incompatible and uneconomic land uses, substandard alleys, and inadequate or deteriorated public improvements, facilities and utilities; (b) the assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the proj ect Area; (c) the replanning, redesign , and development of portions of the Project Area which are stagnant or improperly utilized; (d) the provision of opportunities for participation by owners and tenants in the revitalization of their properties; (e) the strengthening of the economic base of the proj ect Area and the community by the installation of needed site improvements to stimulate new residential, commercial, and light industrial expansion , employment, and social and economic growth; (f) the provision of adequate land for parking and open spaces; (g) the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project; and (h) the expansion , improvement , and preservation of the community s supply of housing available to low- and moderate-income persons and families. Section 2 that: The City Council hereby finds and determines (a) The Project Area is a blighted area the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq. ). This finding is based upon the following facts, as more particularly set forth in the Report of the CIC to the City Council: (1) The Project Area is characterized by and suffers from a combination of blighting conditions , including, among others: buildings that are deteriorated and dilapidated; buildings suffering from defects in design or physical construction; buildings with serious building codeviolations; buildings which have faulty or inadequate infrastructure; buildings which are substandard in design and have inadequate parking; buildings that are too large or too small given present standards and market conditions; aged and obsolete buildings; buildings that will have to be demolished; incompatible uses; buildings on land that, when subdivided or when infrastructure is installed, will not comply with community subdivision, zoning or planning regulations; and properties currently served by infrastructure that does not meet existing adopted utility or community infrastructure standards. (2) The combination of the to in paragraph (1) above is so prevalent that it causes a reduction of , or lack of conditions referred and so substant ial proper utilization of the proj ect Area to such an extent that it constitutes a serious physical and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by privateenterprise or governmental action or both, without redevelopment. (b) The Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety, and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by: aiding in the elimination and correction of the conditions of blight; providing for planning, development, redesign, clearance, reconstruction , or rehabilitation of properties which need improvement; improving, increasing, and preserving the supply of low- and moderate-income housing within the community; providing additional employment opportunities; and providing for higher economic utilization of potentially useful land. (c) The adoption and carrying out of the Plan economically sound and feasible. This finding is based on the facts, as more particularly set forth in the Report of the CIC to the City Council, that under the Plan the CIC will be authorized to seek and utilize variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend onthe amount and availability of such financing resources, including tax increments generated by new investment in the proj ect Area; and that under the Plan no public redevelopment activity will be undertaken unless the CIC can demonstrate that it has adequate revenue to finance the activity. (d) The carrying out of the Plan would promote the public peace, health, safety, and welfare of the City. of Alameda and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based upon the fact that redevelopment, as contemplated by the Plan , will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the physical and economic conditions of the proj ect Area (e) The condemnation of real property, as provided for in the Plan, is necessary to the execution of the Plan and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon the need to ensure that the provisions of the Plan will be carried out and to prevent the recurrence of blight. (f) The CIC has a feasible method and plan for the relocation of families and persons who ay be displaced, temporarily or permanently, from housing facilities in the proj ect Area. This finding is based upon the fact that the CIC's plan for relocation, as contained in the Report of the CIC to the City Council , and the Plan provide for relocation assistance and benefits according to law and authorize the CIC to rovide other assistance as determined to be appropriate under the circumstances. (g) There are, or shall be provided, within the proj ect Area or wi thin other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who may displaced from the proj ect Area, decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that in the event any residential displacement is caused by the Plan , no person or family will be required to move from any dwelling unit until suitable replacement housing is available. (h) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law; and dwelling units housing persons and families of low or moderate income within the Project Area shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the Community Redevelopment Law. (i) Inclusion of any lands, buildings, improvements in the proj ect Area which are not detrimental to the public health , safety, or welfare is necessary for the effective redevelopment of the entire area of which they are part; and any area included is necessary for effective redevelopment and is not included for the purpose of obtainingthe allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based upon the fact that all the properties within the Project Area are within the boundaries of the areaspecifically designated in the Special Base Closure Legislation as the properties affected by the base closure and that in order to effectively redevelop the proj ect Area as a unified whole, all properties within the Project Area must be included. (j) The elimination of blight and the redevelopment of the proj ect Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the CIC. This finding is based upon the facts, as more particularly set forth in the Report of the CIC to the City Council , that because of the higher costs and more significant risks associated with development of blighted areas and, in particular, blighted areas that were former military bases, individual developers are unable and unwilling to invest in these areas without substantial 'public assistance and that funds of other public sources and programs are insufficient to eliminate the blighting conditions. (k) The time limitations in the Plan, which are the maximum time limitations authorized under the Community Redevelopment Law and the limitation on the number of dollars to be allocated to the CIC are reasonably related to the proposed proj ects to be implemented in the proj ect Area and the ability of the CIC to eliminate blight within the proj ect Area. This finding is based upon the facts that redevelopment depends, in large part, upon private market forces beyond the control of the CIC and shorter time limitations would impair the CIC'ability to be flexible and respond to market conditions as and when appropriate and would impair the CIC' ability to maintain development standards and controls over a period of time sufficient to assure area stabilization. addition, shorter time limitations would limit the revenue sources and financing capacity necessary to carry out proposed proj ects in the proj ect Area. (1) The effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the proj ect Area. This finding is based on the fact that the CIC shall make payments to any affected taxing agencies in accordance with Section 33607.5 of the Community Redevelopment Law. Section The Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the proj ect Area are displaced and that, pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those In the community at the time of their displacement. Section 4 In order to implement and facilitate the effectuation of the Plan, certain official actions must be taken by the City Council; accordingly, the City Council hereby: (a) pledges its cooperation in helping to carry out the Plan; (b) directs the various officials, departments, boards, and agencies of the City of Alameda having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Plan; (c) stands ready to consider and take appropriate action on proposals and measures designed to effectuate the Plan; and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Plan. Section The Council is satisfied that written findings have been adopted in response to each written objection received from affected taxing entities or property owners either before or at the noticed public hearing. Having considered all evidence and testimony presented for or against any aspect of the Plan, the Council hereby overrules all wri t ten and oral obj ections to the Plan. Section That certain document entitled "Community Improvement Plan for the Alameda Point Improvement proj ect, " a copy of which is on file in the office of the City Clerk and at tached hereto, is hereby incorporated by reference herein and designated proj ect Area. the official redevelopment P I an 0 f the Section 7 The City of Alameda Building Department hereby directed for a period of at least t (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is wi thin a redevelopment proj ect area. Section 8 The City Clerk is hereby directed to send a certified copy of this Ordinance to the CIC, and the CIC is hereby vested with the responsibility for carrying out the Plan. Section 9 The City Clerk is hereby directed to record with the County Recorder of Alameda County a notice of the approval and adoption of the Plan pursuant to this Ordinance, containing a description of the land wi thin the proj ect Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. Section The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 9 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Project Area, to the auditor and assessor of the County of Alameda, to the governing body of each of the taxing agencies which levies taxes upon any property in the proj ect Area, and to the State Board of Equalization within thirty (30) days following adoption of this Ordinance. Section 11 The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Alameda Times Star, a newspaper of general circulation, published and circulated in the City of Alameda. Section If any part of this Ordinance or the Plan which it approves is held to be invalid for any reason , such decision shall not affect the validity of the remaining portion of this Ordinance or of the Plan, and this City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the plan if such invalid portion thereof had been deleted. Section 13 This ordinance shall effect from and after the expiration of the date of its final passage. be in full force andthirty (30) days from At test: COMMUNITY IMPROVEMENT PLAN FOR THE ALAMEDA POINT IMPROVEMENT PROJECT February 1998 Prepared by the COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA II. III. T ABLE OF CONTENTS (SlooJ INTRODUCTION (92ooJ DESCRIPTION OF PROJECT AREA (S3ooJ PROPOSED REDEVELOPMENT ACTIONS (9301J General (9302J Participation Opportunities; Extension of Preferences for Reentry Within Redeveloped Project Area (9303J Opportunities for Owners and Business Tenants (9304J Rules for Participation Opportunities, Priorities , and Preferences (9305J Participation Agreements (9306) Conforming Owners (9307J Cooperation with Public Bodies (9308J Property Acquisition (9309J Real Property (931OJ Personal Property (9311) Property Management (9312J Payments to Taxing Agencies to Alleviate Financial Burden (9313) Relocation of Persons, Business Concerns, and Others Displaced by the Project (9314J Assistance in Finding Other Locations (9315) Relocation Payments (9316J Demolition, Clearance, and Building and Site Preparation IV. (9317) Demolition and Clearance (9318J Preparatio of Building Sites (9319J Property Dispositio and Development (9320J Real Property Dispositio and Development (9321 J General (9322J Disposition and Development Documents (9323) Development by the CIC (9324)Development Plans (9325J Personal Property Dispositio (9326) Rehabiltation, Conservation, and Moving of Structures (9327) Rehabilitation and Conservation (93281 Moving of Structures (9329J Low- and Moderate-Income Housing (93301 Replacement Housing (93311 Inclusionary Housing (93321 Increased and Improved Housing Supply (941 USES PERMITTED IN THE PROJECT AREA (9411 Redevelopment Land Use Map (942) Designated Land Uses (9431 Mixed Uses (941 Single-Family Residential Uses i i (9405J Open Space- Habitat (9406 J Other Land Uses (9407J Public Rights-of-Way (9408J Other Public, Semi-Public, Institutional, and Nonprofit Uses (9409J Interim Uses (94lOJ Nonconforming Uses (9411J General Controls and Limitations (9412J Construction (9413J Rehabilitation and Retention of Properties (9414) Limitation on the Number of Buildings (9415) Number of Dwellng Units (9416J Limitation on Type, Size, and Height of Buildings (9417J Open Spaces, Landscaping, Light, Air, and Privacy (9418J Signs (9419J Utilties (940) Incompatible Uses 10.(941J Nondiscrimination and Nonsegregation 11.(94) Subdivision of Parcels 12.(94) Minor Variations (944J Design for Development (94J Building Permits iii (95ooJ METHODS OF FINANCING THE PROJECT (9501J General Descriptio of the Proposed Financing Method (9502J Tax Increment Funds (9503J Other Loans and Grants VI.(96) ACTIONS BY THE CITY (97ooJ ENFORCEMENTVII. VIII. (98ooJ DURATION OF THIS PLAN IX.(9900) PROCEDURE FOR AMENDMENT Attachments Attachment No. Attachment No. Attachment No. Attachment No. Legal Description of the Project Area Boundaries Project Area Map Redevelopment Land Use Map Proposed Public Improvements COMMUNITY IMPROVEMENT PLAN FOR THE ALAMEDA POINT IMPROVEMENT PROJECT (91ooJ INTRODUCTION This is the Community Improvement Plan (the "Plan ) for the Alameda Point Improvement Project (the "Project") in the City of Alameda (the "City" County of Alameda , State of California; it consists of the text, the Legal Description of the Project Area Boundaries (Attachment No.1), the Project Area Map (Attachment No.2), the Redevelopment Land Use Map (Attachment No.3), and the Proposed Public Improvements (Attachment No.4). This Plan was prepared by the Community Improvement Commission of the City of Alameda (the "CIC" pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.), including but not limited to Article 1 of Chapter 4.5, commencing with Section 33492 , and Article 7, of Chapter 4.5, commencing with Section 33493., regarding the Alameda Naval Air Station; the California Constitution , and all applicable local laws and ordinances. This Plan is based upon a Preliminary Plan formulated and adopted by the Planning Board of the City of Alameda (the "Planning Board") by Resolution No. 96-85, on December 9, 1996 and the Community Reuse Plan adopted January 31 , 1996. The Agency shall not expend any tax increment funds allocated to it from the Project until the City Council of the City finds that the redevelopment plan is consistent with the general plan of the City pursuant to Section 33492.20(a)(2) of the Community Redevelopment law (the " Amended General Plan This Plan provides the CIC with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment rehabiltation, and revitalization of the area within the Project Area. Because of the long-term nature of this Plan and the need to retain in the CIC flexibilty to respond to market and economic conditions, property owner and developer interests, and opportunities from time to time presented for redevelopment , this Plan does not present a precise plan or establish specific projects for the redevelopment rehabiltation, and revitalization of any area within the Project Area , nor does this Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the community relating to the Project Area. Instead, this Plan presents a process and a basic framework within which specific plans wil be presented specific projects wil be established , and specific solutions wil be proposed and by which tools are provided to the CIC to fashion, develop, and proceed with such specific plans, projects, and solutions. The purposes of the Community Redevelopment Law wil be attained through the major goals of this Plan which are: The elimination of blighting influences and the correction of environmental deficiencies in the Project Area, including, among others, buildings in which it is unsafe or unhealthy for persons to live or work, small and irregular lots, faulty exterior spacing, obsolete and aged building tyes, mixed character or shifting uses or vacancies, incompatible and uneconomic land uses, substandard alleys, and inadequate or deteriorated public improvements, facilities, and utilities. The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. The replanning, redesign, and development of portions of the Project Area which are stagnant or improperly utilized. The provisi of opportunities for participati by owners and tenants in the revitalization of their properties. The strengthening of the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new residential, commercial, and light industrial expansio employment, and social and economic growth. The provisio of adequate land for parking and open spaces. The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project. The expansio , improvement, and preservati of the community supply of housing available to low- and moderate-income person.s and families. Additional goals of this Plan build upon goals set forth in the Community Reuse Plan and the Areawide Strategy Report and include: Land Use Achieve a balanced mix of land uses, creating a vibran.t and diverse new neighborhood in Alameda. Employment and Economic Development Achieve job creation and economic development to provide the employment and economic benefits historically associated with Alameda Point. Enhance re-employment opportunities. Housing Ensure that both existing and new housing resources meet current and future housing needs of the community. Urban Design and Neighborhood Character Achieve complete integration of the former NAS site with the rest of the island of Alameda. This is to be a seamless integration of the many neighborhoods, open space , and the best qualities of the existing City. Achieve human-scale, transit-oriented development. Protect and enhance the water-oriented (island) character of the former NAS site through preservation , enhancement, and creative celebration of the expansive bay views. Educational and Public Service Uses Provide appropriate educational facilities and opportunities at the former NAS site. Provide appropriate and high quality public and social services. Parks, Recreation , and Open Space Protect and provide natural-appearing open space as a key amenity throughout the installation. Provide needed recreational opportunities for workers and residents of the former NAS site, the City of Alameda, and surrounding communities. Environmental Resources Achieve appropriate cleanup of environmental contamination. 49 Conserve and protect vegetation, wildlife, and water quality resources. Encourage sustallabilty and resource efficiency in all development. Reduce potential personal injury and property damage related to adverse geologic and seismic conditions. Cultural/Historic Resources Reflect and celebrate the rich history of both Alameda and the NAS in reuse planning and design. lI Provide cultural and arts facilities for the benefit of Alameda and the surrounding communities. Transportation and Circulation Provide adequate vehicular access to and within the former NAS site without significant adverse effects on access to existing areas of the City. Optimize use of transit and other alternative modes of transportatio reduce vehicular traffic and dependence on the automobile. Infrastructure Obtain necessary funding to support infrastructure improvements, operations, and maintenance. Interim Reuse Ensure a coordinated transition between the Interim Reuse Strategy and the long-range Community Reuse Plan. Capture the Opportunities of Alameda s Island Setting Place high priority on improvements along the shoreline and from the inland areas to the water to enhance public access, views and open space, and active recreational uses. Recognize the changing character and the role of the waterfront lands as a major opportunity for the City. Economic Contribution to City Restore current employment levels and beneficial economic spin-off effects. Create new opportunities for employment related to site preparatio for new development (such as toxic cleanup, shoreline stabilzation , etc. Generate revenue to offset the cost of public services. Image/Identity of Alameda Give consideration to a full range of uses that might positively contribute to Alameda and do justice to the resource value of the properties; for example, institutional uses. Shoreline and Water Relationship e Open up the water edge with continuous public access, as feasible. Recognize the unique value of deep water access as a resource. Capture the tremendous potential of views from the site to the Bay and San Francisco skyline. Existing Facility Resources Optimize the use of existing facilities and infrastructure. II. Major Access Linkages el Create additional links to the regional circulation system to serve replacement uses at the former base. el Improve major access corridors from Alameda to the Project Area (e.g. Atlantic A venue and the former rail ROW should be used as a transit preference and open space corridor). el Consider additional water linkages to the future uses in the Project Area (e., additional ferry or water taxi stops). Overall Planning el Prepare contingency plans which address significant variables such as uncertain timing, phased move-out, and the need for lead time to accomplish infrastructure iIJprovements and hazardous waste cleanup. el Emphasize creating an apprqpriate public open space network and public facility improvements as part of planning for reuse. (92ooJ DESCRIPTION OF PROJECT AREA The boundaries of the Project Area are described in the "Legal Description of the Project Area Boundaries/' attached hereto as Attachment No.1 and incorporated herein by reference , and are shown on the "Project Area Map," attached hereto as Attachment No.2 and incorporated herein by reference. III.(93ooJ PROPOSED REDEVELOPMENT ACTIONS (9301J General The CIC proposes to eliminate and prevent the spread of blight and deterioration in the Project Area by: The acquisition of certain real property and the assembly of adequate sites for the pevelopment and construction of residential, commerciatindustrial and public facilities; The demolition or removal of certain buildings and improvements; Providing for participation by owners and tenants located in the Project Area and the extension of preferences to business occupants and other tenants desiring to remain or relocate within the redeveloped Project Area; The management of any property acquired by and under the ownership and control of the CIC; Providing occupants; relocation assistance displaced Project The installation, construction, or reconstruction of streets, utilties, and other public improvements; The disposition of property for uses in accordance with this Plan; The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; and The rehabiltation of structures and improvements by owners and the CIC. In the accomplishment of these purposes and activities and in the implementatio and furtherance of this Plan, the CIC is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law. (9302J Participation Opportunities; Extension of Preferences for Reentry Within Redeveloped Project Area (9303J Opportunities for Owners and Business Tenants In accordance with this Plan and the rules for participatio adopted by the ClC pursuant to this Plan and the Community Redevelopment Law, persons who are owners of real property in the Project Area shall be given a reasonable opportunity to participate in the redevelopment of the Project Area consistent with the objectives of this Plan. The CIC shall extend reasonable preferences to persons who are engaged in business in the Project Area to participate in the redevelopment of the Project Area or to reenter into business within the redeveloped Project Area if they otherwise meet the requirements prescribed in this Plan and the rules for participati adopted by the ClC. (9304J Rules for Participation Opportunities, Priorities, and Preferences In order to provide opportunities to owners to participate in the redevelopment of the Project Area and to extend reasonable preferences to businesses to reenter into business within the redeveloped Project Area , the CIC shall promulgate rules for participation by owners and the extension of preferences to business tenants for reentry within the redeveloped Project Area. If conflcts develop between the desires of participants for particular sites or land uses, the CIC is authorized to establish reasonable priorities and preferences among the owners and business tenants. Some of the factors to be considered in establishing these priorities and preferences may include a participant s length of occupancy in the area; accommodation of as many participants as possible; similarity of land use; the necessity to assemble sites for integrated, modern development; conformity of a participant's proposal with the intent and objectives of this Plan; and service to the community of a participant's proposal. In addition to opportunities for participation by individual persons and firms, participation shall be available for two or more persons, firms, or institutions to join together in partnerships, corporations, or other joint entities. Participation opportunities shall necessarily be subject to and limited by such factors as: (1) the elimination and changing of land uses; (2) the construction , widening, or realignment of streets; (3) the abilty of participants to finance acquisition and development or rehabilitation in accordance with this Plan and development criteria adopted by the CIC in implementation of this Plan; (4) the reduction in the total number of individual parcels in the Project Area; and (5) the construction or expansion of public facilities. (9305J Participation Agreements The CIC may require that , as a condition . to participation in redevelopment, each participant shall enter into a binding agreement with the CIC by which the participant agrees to rehabiltate, develop, and use and maintain the property in conformance with this 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 may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into a participation agreement with the CIC, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant fails or refuses to rehabiltate, develop, and use and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the CIC and sold or leased for rehabilitation or development in accordance with this Plan. (9306J Conforming Owners The CIC may, at its sole and absolute discretion, determine that ce;:tain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property wil be permitted to remain as a conforming owner without a participation agreement with the CIC provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. However , a conforming owner may be required by the CIC to enter into a participation agreement with the CIC in the event that such owner desires to: (a) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (b) acquire additional property within the Project Area. (9307J 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 CIC shall seek the aid and cooperatio of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The CIC, by law , is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The CIC, however , wil seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area wil be afforded all the privileges of owner and tenant participation if such public body is wiling to enter into a participation agreement with the CIC. All plans for development of property in the Project Area by a public body shall be subject to CIC approval. The CIC may impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies wil conform to the requirements of this Plan. To the extent now or hereafter permitted by law, the CIC is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements (within or without the Project Area), which land , buildings, facilities, structures, or other improvements are or would be of benefit to the Project. (9308) Property Acquisition (9309) Real Property Except as specifically exempted herein, the CIC may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. It is in the public interest and is necessary in order to elimina the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the CIC to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase , or any other lawful method. Eminent domain proceedings, if used , must be commenced within twelve (12) years from the date the County Auditor makes the certification pursuant to Section 33492.9 of the Health and Safety Code. The CIC shall not acquire real property to be retain,ed by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The CIC is authorized to acquire structures without acquiring the land upon which those structures are located. The CIC is authorized to acquire either the entire fee or any other interest in real property less than a fee. The CIC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alteration , improvement , modernization , or rehabiltation; (b) the site , or lot on which the building is situated, requires modification in size, shape, or use; or (c) it is necessary to impose upon such property any of the controls, limitations, restrictions and requirements of this Plan and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The CIC is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The CIC is authorized however , to acquire public property transferred to private ownership before redevelopment of the Project Area is completed , unless the CIC and the private owner enter into a participation agreement and the owner completes his responsibilties under the participation agreement. (931OJ Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan , the CIC is authorized to acquire personal property in the Project Area by any lawful means , including eminent domain. (9311) Property Management During such time as property, if any, in the Project Area is owned or leased by the CIC, such property shall be under the management and control of the CIC. Such property may be rented or leased by the CIC pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the CIC may adopt. (9312J Payments to Taxing Agencies to Alleviate Financial Burden Pursuant to Section 33607.5 of the Community Redevelopment Law the CIC is required to and shall make payments to affected taxing entities to alleviate the financial burden and detriment that the affected taxing entities may incur as a result of the adoption of this Plan. The payments made by the CIC shall be calculated and paid in accordance with the requirements of Section 33607.5 (9313J Relocation of Persons, Business Concerns, and Others Displaced by the Project (9314J Assistance in Finding Other Locations The CIC shall assist all persons, business concerns, and others displaced by the Project in finding other locations and facilities. In order to carry out the Project with a minimum of hardship to persons, business concerns, and others, if any, displaced by the Project, the CIC shall assist such persons, business concerns and others in finding new locations that are decent, safe, sanitary, within their respecti financial means, in reasonably convenient locations, and otherwise suitable to their respective needs. The CIC may also provide housing inside or outside the Project Area for displaced persons. (93151 Relocation Payments The CIC shall make relocation payments to persons, business concerns, and others displaced by the Project for moving expenses and direct losses of personal property and additional relocation payments as may be required by law. Such relocation payments shall be made pursuant to the California Relocation Assistance Law (Government Code Section 7260 et seq.) and CIC rules and regulatio adopted pursuant thereto. The CIC may make such other payments as may be appropriate and for which funds are available. (9316J Demolition, Clearance, and Building and Site Preparation (93171 Demolition and Clearance The CIC is authorized to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. (9318J Preparation of Building Sites The CIC is authorized to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the CIC. In connection therewith , the CIC may cause, provide for , or undertake the installation or construction of streets, utilities, parks, playgrounds, and other public improvements necessary to carry out this Plan. The CIC is also authorized to construct foundations, platforms, and other structural forms necessary for the provision or utilzation of air rights sites for buildings to be used for residential , commercial, industrial , public, and other uses provided for in this Plan. Prior consent of the City Council is required for the CIC to develop sites for commercial or industrial use by providing streets, sidewalks, utilties, or other improvements which an owner or operator of the site would otherwise be obliged to provide. (8319J Property Disposition and Development (9320J Real Property Disposition and Development (9321J General For the purposes of this Plan, the CIC 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 CIC is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Property acquired by the CIC for rehabilitation and resale shall be offered for resale within one (1) year after completion of rehabiltation or an annual report concerning such property shall be published by the CIC as required by law. Real property acquired by the CIC may be conveyed by the CIC without charge to the City and, where beneficial to the Project Area, without charge to any public body. All real property acquired by the CIC in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. All purchasers or lessees of property acquired from the CIC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time which the CIC fixes as reasonable, and to comply with other conditions which the CIC deems necessary to carry out the purposes of this Plan. (9322J Disposition and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan wil be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the CIC, as well as all property subject to participatio agreements, is subject to the provisions of this Plan. The CIC shall reserve such powers and controls in the dispositio and development documents as may be necessary to prevent transfer retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, deeds, contracts, agreements, and declarations of restrictions of the CIC may contain restrictions, covenants, covenants running with the land , rights of reversion, conditions subsequent , equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the CIC, such documents, or portions thereof, shall be recorded in the office of the Recorder of Alameda County. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregatio 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 participati agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. (9323J Development by the CIC To the extent now.or hereafter permitted by law , the CIC is authorized to pay tor , develop, or construct any publicly-owned building, facilty, structure, or other improvement either within or without the Project Area, for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project Area. Specifically, the CIC may pay for, install, or construct the buildings, facilities, structures, and other improvements identifed in Attachment No., attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefor. In addition to the public improvements authorized under Section 318 and the specific publicly-owned improvements identifed in Attachment No.4 of this Plan , the CIC is authorized to install and construct, or to cause to be insf1.lled and constructed, within or without the Project Area , for itself or for any public body or entity for the benefit of the Project Area , public improvements and public utilties, including, but not limited to, the following: (1) over- and underpasses; (2) sewers; (3) natural gas distribution systems; (4) water distribution systems; (5) parks, plazas, and pedestrian paths; (6) playgrounds; (7) parking facilties; (8) landscaped areas; and (9) street improvements. The CIC may enter into contracts, leases, and agreements with the City or other public body or entity pursuant to this Section 323, and the obligation of the crc under such contract, lease, or agreement shall constitute an indebtedness of the CIC which may be made payable out of the taxes levied in the Project Area and allocated to the CIC under subdivision (b) of Section 33670 of the Community Redevelopment Law and Section 502 of this Plan or out of any other available funds. (9324) Development Plans All development plans (whether public or private) shall be submitted to the crc for approval and architectural review. (9325J Personal Property Disposition For the purposes of this Plan , the CIC is authorized to lease, sell exchange, transfer , assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the crc (9326J Rehabilitation, Conservation, and Moving of Structures (9327) Rehabiltation and Conservation The CIC is authorized to rehabiltate and conserve , or to cause to be rehabiltated and conserved, any building or structure in the Project. Area owned by the CIC The CIC is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the crc The CIC is also authorized to acquire, restore, rehabiltate, move, and conserve buildings of historic or architectural significance. (93281 Moving of Structures As necessary in carrying out this Plan, the CIC is authorized to move, or to cause to be moved, any standard structure or building or any structure or building which can be rehabiltated to a location within or outside the Project Area. (9329J Low- and Moderate-Income Housing (933OJ Replacement Housing Under certain circumstances, Section 33334.5 of the Community Redevelopment Law requires that when dwellng units housing low- or moderate- income familes or persons are destroyed or removed from a project area, they must be replaced by similar housing, either through construction of new units or rehabiltation of existing units. The replacement requirement does not apply unless: 1) the removal or destruction of the units is part of a redevelopment project as evidenced by an agreement or financial transaction with the CIC and 2) at the time of eIC approval of such agreement or financial transaction, the units are occupied by persons and familes of low or moderate income. If the housing units are replaced, their replacement must occur within four years of their destruction or removal. Their replacement must occur on an equal basis, that is, one replacement unit at an affordable housing cost for each unit removed or destroyed. Further , they must be replaced either within the project area or within the jurisdicti of the CIC in accordance with all of the provisions of Sections 33413 and 33413.5 of the Community Redevelopment (9331) Inclusionary Housing Whenever new or rehabilitated dwellng units are developed the CIC or by other public or private entities or persons within the Project Area, the CIC shall comply with the inclusionary housing requirements set forth in Section 33413 (in particular, subdivision (b) of that section) and Section 33493.4 of the Community Redevelopment Law. (9332) Increased and Improved Housing Supply Pursuant to Section 33334.2 of the Community Redevelopment Law, not less than twenty percent (20%) of all taxes which are allocated to the CIC pursuant to Section 33670 of the Community Redevelopment Law and Section 502 of this Plan shall be used by the CIC for. the purposes of increasing, improving, and preserving the City s supply of housing for persons and familes of very low , low, or moderate income unless certain findings are made as required by that section to lessen or exempt such requirement or unless a finding is made by the City Council to defer this requirement pursuant to Section 33492.16 of the Community Redevelopment Law. In carrying out this purpose, the CIC may exercise any or all of its powers. The CIC may use these funds to meet , in whole or in part , the replacement housing provisions in Section 330, above, or the inc1usionary housing provisions in Section 331, above. These funds may be used inside or outside the Project Area provided , however , that funds may be used outside the Project Area only if findings of benefit to the Project are made as required by said Section 33334. of the Community Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. IV.(94J USES PERMITTED IN THE PROJECT AREA (9401J Redevelopment Land Use Map The "Redevelopment Land Use Map," attached hereto as Attachment No.3 and incorporated herein by reference , ilustrates the location of the Project Area boundaries, major streets within the Project Area, and the proposed land uses to be permitted in the Project for all land , public, semi-public and private. (9402J Designated Land Uses (9403J Mixed Use The areas shown on the Redevelopment Land Use Map (Attachment No.3) for mixed use shall be used for residential, office, research & development , industrial civic, institutional business park light industry, commercial parks, commercial recreation/ marina , open space , and public rights-of- way consistent with the Amended General Plan. (9404J Single-Family Residential Uses The area (known historically as "East Housing ) shown on the Redevelopment Land Use Map (Attachment No.3) for single-family residential use shall be used for the single-family residential uses consistent with the Amended General Plan. (945J Open Space Habitat The areas shown on the Redevelopment Land Use Map (Attachment No.3) for open space/habitat uses shall be used for open space/habitat uses consistent with the Amended General Plan. (94) Other Land Uses (9407J Public Rights-of-Way As ilustrated on the Redevelopment Land Use (Attachment No.3), the major public streets within the Project Area include Monarch Street II Lexington Street Saratoga Street II Todd Street Pan Am Way II Ferry Harbor Drive II Viking Street It Orion Street West Atlantic Avenue It Main Street Central A venue It Decatur Street II Arnold Avenue It Fox A venue Mosley Avenue II Singleton A venue II West Red Line Avenue II West Midway Avenue It West Ranger Avenue It West Hope Avenue It West Tower Avenue West Trident Avenue II West Seaplane Lagoon .. West Pacific Avenue West Oriskany A venue West Ticonderoga Avenue II West Hornet Avenue Map Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development. Existing streets, alleys, and easements may be abandoned, closed , or modified as necessary for proper development of the Project. Any changes in the existing interior or exterior street layout shall be in accordance with the Amended General Plan, the objectives of this Plan and the City s design standards, shall be effectuated in the manner prescribed by state and local law, and shall be guided by the following criteria: A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the CIC for the Project and any participation agreements executed thereunder; The requirements imposed by such factors as topography, traffic safety and aesthetics; and The potential need to serve not only the Project Area and new or existing developments but to also serve areas outside the Project by providing convenient and efficient vehicular access and movement. The potential need or desire to accommodate the facilities and! or equipment of mass transportation modes. The public rights-of-way may be used for vehicular and! pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. (948) Other Public , Semi-Public , InstitutionaL and Nonprofit Uses In any area shown on the Redevelopment Land Use Map (Attachment No.3), the CIC is authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional , or nonprofit uses, including park and recreational facilities, libraries, educational, fraternal, employee, philanthropic, religious and charitable institutions, utilties, railroad rights-of-way, and facilties of other similar associations or organizations. All such uses shall, to the extent possible, conform to the provisions of this Plan applicable to the uses in the specific area involved. The CIC may impose such other reasonable requirements and! or restrictions as may be necessary to protect the development and use of the Project Area. (9409J Interim Uses Pending the ultimate development of land by developers and participants, the CIC is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. (94lOJ Nonconforming Uses The CIC may permit an existing use to remain in an existing building in good condition which use does not conform to the provisi0ns of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property must be wiling to enter into a participation agreement and agree to the impositio of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The CIC may authorize additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portio of the Project where, in the determination of the CIC, such improvements would be compatibl with surrounding Project uses and development. (9411) General Controls and Limitations All real property in the Project Area is made subject to the controls and requirements of this Plan. No real property shall be developed, rehabiltated, or otherwise changed after the date of the adoptio of this Plan, except in conformance with the provisions of this Plan. (9412) Construction All construction in the Project Area shall comply with all applicabl state and local laws and codes in effect from time to time. In addition to applicabl codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the CIC to control and direct redevelopment activities in the Project Area. (9413) Rehabiltation and Retention of Properties Any existing structure within the Project Area approved by the CIC for retention and rehabiltation shall be repaired, altered, reconstructed , or rehabiltated in such a manner that it wil be safe and sound in all physical respects and be attractive in appearance and not detrimental to the surrounding uses. (9414J Limitation on the Number of Buildings The number of buildings in the Project Area shall not exceed the number of buildings permitted under the Community Reuse Plan and/or General Plan as amended. (9415J Number of Dwellng Units The number of existing dwellng units in the Project Area excluding miltary style dormitory and transient units, is approximately 1 513. The number of dwellng units permitted in the Project Area shall not exceed the maximum number allowed under the densities permitted under the Community Reuse Plan and/ or General Plan as amended. (9416) Limitation on Type, Size, and Height of Buildings Except as set forth in other sections of this Plan , the type , size and height of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and regulations. (9417J Open Spaces, Landscaping, Light, Air and Privacy The approximate amount of open space to be provided in the Project Area is the total of all areas which wil be in the public rights-of-way, the public ground , the space around buildings, and all other outdoor areas not permitted to be covered by buildings. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material. Sufficient space shall be maintained between buildings in all areas to provide adequate light , air, and privacy. (9418J Signs All signs shall conform to City sign ordinances and other requirements as they now exist or are hereafter amended. Design of all proposed new signs shall be submitted to the CIC and/or the City prior to installation for review and approval pursuant to the procedures of this Plan. (9419) Utilties The CIC shall require that all utilities be placed underground whenever physically and economically feasible. (940J Incompatible Uses No use or structure which by reason of appearance, traffc, smoke, glare, noise, odor, or similar factors, as determined by the CIC, would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. 10.(941J Nondiscrimination and Nonsegregatio There shall be no discrimination or segregatio based upon race, color, creed, religion, sex, marital status, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. 11.(94J Subdivision of Parcels No parcel in the Project Area, including any parcel retained by participant, shall be subdivided without the approval of the CIC. 12.(94J Minor Variations Under exceptional circumstances, the CIC is authorized to permit a variation from the limits, restrictions, and controls established by this Plan. In order to permit such variation, the CIC must determine that: The application of certain provisio of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan; There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; Permitting a variation wil not be materially detrimental to the public welfare or injurious to property or improvements in the area; and Permitting a variation wil not be contrary to the objectives of this Plan or the Community Reuse Plan or the General Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the CIC shall impose such conditions as are necessary to protect the public peace, health , safety, or welfare and to assure compliance with the purposes of this Plan. Any variation permitted by the CIC hereunder shall not supersede any other approval required under applicable City codes and ordinances. (944J Design for Development Within the limits, restrictions, and controls established in this Plan the CIC is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed , and no existing improvement shall be substantially modified, altered , repaired , or rehabilitated except in accordance with this Plan and any such controls and, in the case of property which is the subject of a disposition and development or participation agreement with the CIC and any other property, in the discretion of the CIC , in accordance with architectural , landscape , and site plans submitted to and approved by the cre. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The CIC shall not approve any plans that do not comply with this Plan. (94J Building Permits No permit shall be issued for the construction of any new building or for any construction on an existing building in the Project Area from the date of adoption of this Plan until the application for such permit has been approved by the CIC as consistent with this Plan and processed in a manner consistent with all Cityrequirements. The crc is authorized to establish permit procedures and approvals in addition to those set forth above where required for the purposes of this Plan. Where such additional procedures and approvals are established , a building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the CIC at the time of application. (95ooJ METHODS OF FINANCING THE PROJECT (9501J General Description of the Proposed Financing Method The CIC is authorized to finance this Project with financial assistance from the City, tax increment funds, interest income, tax increment funds, interest income, CIC bonds, donations, loans from private financial institutions, the lease or sale of CIC-owned property or any other available source, public or private consistent with the City Charter. The CIC is also authorized to obtain advances, borrow funds, and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the CIC Advances and loans for survey and planning and for the operating capital for nominal administration of this Project may be provided by the City until adequate tax increment or other funds are available, or sufficiently assured , to repay the advances and loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. The City or any other public agency may expend money to assist the CIC in carrying out this Project. As available, gas tax funds from the state and county may be used for street improvements and public transit facilities. (9502J Tax Increment Funds All taxes levied upon taxable property within the Project Area each year, by or for the benefit of the State of California, the County of Alameda, the City, any district, or any other public corporation (hereinafter sometimes called "taxing agencies ), after the effective date of the ordinance approving this Plan shall divided as follows: 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 said taxing agencies upon the total sum of the assessed value of the taxable property in the Project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the Project on the effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date, the assessment roll of the County of Alameda, 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 said effective date). Except as provided in subdivision 3! below ! that portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into special fund of the CIC to pay the principal of and interest on loans! moneys advanced to! or indebtedness (whether funded! refunded! assumed ! or otherwise) incurred by the CIC to finance or refinance! in whole or in part ! this Project. Unless and until the total assessed valuation of the taxable property in the Project exceeds the total assessed value of the taxable property in the Project as shown by the last equalized assessment roll referred to in subdivision 1 hereot 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. That portion of the taxes in excess of the amount identified in subdivision I ! above, which are attributable to a tax rate levied by a taxing agency which was approved by the voters of the taxing agency on or after January I 1989! for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and the interest on ! any bonded indebtedness for the acquisiton or improvement of real property shall be allocated to! and when collected shall be paid into, the fund of that taxing agency. The portion of taxes mentioned in subdivision 2 ! above! are hereby irrevocably pledged for the payment of the principal of and interest on the advance of moneys! or making of loans or the incurring of any indebtedness (whether funded, refunded! assumed! or otherwise) by the CIC to finance or refinance the Project! in whole or in part. The CIC is authorized to make such pledges as to specific advances! loans, and indebtedness as appropriate in carrying out the Project. The portion of taxes divided and allocated to the Agency pursuant to subdivision 2 of this Section 502 shall not exceed a cumulative total of $780 milion. The CIC is authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the CIC nor any persons executing the bonds are liable personally on the bOf'.--s by reason of their issuance. The bonds and other obligations of the CIC are not a debt of the City or the state, nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properti other than those of the CIC, and such bonds and other obligatio shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness to be repaid in whole or in part from the allocation of taxes described in subdivision 2 above which can outstanding at anyone time shall not exceed $190 milion. The CIC shall not establish or incur loans, advances, or indebtedness finance in whole or in part the Project beyond twenty (20) years from the date the County Auditor makes the certification pursuant to Section 33492.9 of the Health and Safety Code. Loans, advances, or indebtedness may be repaid over a period time beyond said time limit. This time limit shall not prevent the CIC from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfil the CIC's housing obligatio under Section 33413 of the Community Redevelopment Law. Further , this. time limit shall not prevent the CIC from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended beyond the time limit for repaying indebtedness set forth immediately below in this Section 502. The CIC shall not receive, and shall not repay loans, advances, or other indebtedness to be paid with the proceeds of property taxes from the Project Area pursuant to Section 33670 of the Community Redevelopment Law and this Section 502 beyond forty-(45) years from the date the County Auditor makes the certification pursuant to Section 33492.9 of the Health and Safety Code. (9503) Other Loans and Grants Any other loans, grants, guarantees, or financial assistance from any other public or private source wil be utilzed if available and consistent with provisions of the City Charter. VI.(96) ACTIONS BY THE CITY The City shall aid and cooperate with the CIC in carrying out this Plan and shall take all actions necessary to ensure the continued fulfilment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City shall include, but not be limited to, the following: G. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys , and other public rights-of-way and for other necessary modifications of the streets, the street layout , and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment, removal , and relocation by the public utility companies of their operations of public rights-of- way as appropriate to carry out this Plan provided that nothing in this Plan shall be construed to require the cost of. such abandonment, removal , and relocation to be borne by others than those legally required to bear such cost. Provision of advances, loans, or grants to the CIC or the expenditure of funds for projects implementing this Plan as deemed appropriate by the City and to the extent funds are available therefor. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned public utilities within or affecting the Project Area. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. Imposition wherever necessary (by conditional use permits or other means) of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. Provision for administrative enforcement of this Plan by the City after development. The City and the CIC shall develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. Preservation of historical sites. Performance of the above actions and of all other functions and services relating to public peace, health , safety, and physical development normally rendered in accordance with a schedule which wil permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. The undertaking and completing of any other proceedings necessary to carry out the Project. The foregoing actions to be taken by the City do not involve or constitute any commitment for financial outlays by th City unless specifically agreed to and authorized by the City. VII.(97ooJ ENFORCEMENT The administration and enforcement of this Plan, including the preparati and execution of any documents implementing this Plan, shall be performed by the CIC and/or the City. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the CIC or the City. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be €nforced by such owners. VIII. (9800) DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregati provisio which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for thirty (30) years from the date the County Auditor makes the certification pursuant to Section 33492.9 of the Health and Safety Code; provided, however, that subject to the limitations set forth in Section 502 of this Plan, the CIC may issue bonds and incur obligatio pursuant to this Plan which extend beyond the termination date, and in such event, this Plan shall continue in effect to the extent necessary to permit the full repayment of such bonds or other obligatio . After the termination of this Plan, the CIC shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts unless the CIC has not completed its housing obligatio pursuant to Section 33413 of the Community Redevelopment Law, in which case the CIC shall retain its authority to implement requirements under Section 33413 of the Community Redevelopment Law, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete such housing obligations as soon as is reasonably possibl IX.(990) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Section 33354.6 and/or 33450-33458 of the Community Redevelopment Law or any other procedure hereafter established by law. ATTACHMENT NO. LEGAL DESCRIPTION OF THE PROTECT AREA BOUNDARIES The boundaries of the Alameda Point Improvement Project Redevelopment Project are described as follows: PARCEl All those parcels of land described as listed: Judgment on a Declaration of Taken Filed in Office of the United States Clerk of the District Court of the Northern District of California: 1 )Civil Action No. 21988 dated 10/03/41 Civil Action No. 23109 dated 12/12/44 Civil Action No. 22463 dated 01/29/43 Executive Order: 1 ) Order NO.7 467 dated 10/07/36 Exception to Executive Order No. 74671) Grant deed Reel 2568 Image 76, Official Records recorded 2/18/70 Grant deed recorded in Alameda County Recorder s Offce: 1 ) Book 3583 page 1 Official Records recorded 11/26/37 Beginning at a point distant thereon NORTH , 636.63 feet of Station 179 on the Peralta Grant Line as said Station and Line are delineated and so designated on that certain Map entitled "Map of Alameda Marsh Land, as partitioned among the owners thereof in Suit No. 8923" and entitled Pacific Improvement Company, Plaintiff , vs James A. Waymire, et ai , Defendants, Superior Court of Alameda County Sate of California," land fied July 30, 1900 in the office of the County Recorder of Alameda County in Book 25 of Maps, at pages 74, 76 and 78 said point also being on the Southeastern line of Main Street; thence along the Southwestern and Western line of said Main Street said line also being the Northeastern and Eastern lines of that parcel of Land described in the above mentioned Civil Action No. 21988, as follows:Southeasterly along a non-tangent curve having a radius of 700.00 feet, concave to the Southwest, a radial line of said curve through said point bears North 15% 27' 47" East , through a central angle of 45% 43' 13", an arc length of 558.58 feet; South 28% 49' 00" East , 580.60 feet; Southerly along a curve Attachment No. having a radius of 960.00 feet, concave to the West , through central angle of 28% 15' 00", an arc length of 473.33 feet; South 0% 34' 00" East , 2134.92 feet to the Northeastern corner of that parcel of land described in the above mentioned Civil action No. 23109; thence along the Eastern line thereof , as follows: South 0% 34' 00" East , 228.24 feet; South 12% 19' 23" East, 51. feet; South 4%32' 16" East , 201.32 feet; South 1 % 58' 15" West , 50.00 feet; South 2% 01' 00" West , 800.00 feet; South 87% 59' 00" East , 95.00 feet; South 2% 01' 00" West, 452.52 feet; Southerly along curve having a radius of 711. feet, concave to the East , though a central angle of 32% 06' 26", an arc length of 398.62 feet; South, 1664.52 feet to the Northeastern corner of that parcel of land described in the lease to the United States of America lease No. (R) 54007; thence along the Eastern and Southern lines of said lease, as foUows: South, 1296.69 feet; North 64% 51' 00" West, 106.38 feet and North 86% 14' 01" West , 3801.53 feet to Eastern line of Parcel 1 of that parcel of land described in the above mentioned "Executive Order No. 7467"; thence along said line South 16% 02' 00" West , 4864.65 feet to the Southern corner thereof; thence along the Southwestern line thereof North 27% 50' 00" West 5261.42 feet to the Southern corner of that parcel of land described in the above mentioned deed to the United States of America (3583 OR 1); thence along the Southwestern and Northern lines thereof North 27% 50' DO" West , 11.529. feet; thence North 47% 50' 53" East , 482.14 feet to the Southwestern corner of Tract 2 of the above mentioned Civil action No. 22463; thence along the Northwestern and Northern lines thereof as follows: North 47% 52' 10" East, 1133.44 feet; South 66% 04' 04" East , 797.17 feet; South 73% 56' 44" East 6084.97 feet and South 75% 18' 22" east, 340.08 feet to the Southwestern corner of Parcel 2 of the above mentioned "Executive Order No. 7467"; thence along the Western, Northern and Eastern lines thereof , as follows: North 16% 02' DO" East , 424.00 feet; South 74% 36' 06" East , 607.39 feet; South 80% 12' 48" East , 1394.30 feet; South 89% 03' 07" East, 1462.70 feet; North 76% 16' 27" East, 464.82 feet and South, 977.33 feet to the point of beginning. And containing 2486.5 acres, mores or less. PARCEL 2 Portion of Tracts 39 and 40, according to the map entitled "Map of Alameda Marsh Land, as partitioned among the owners thereof in suit numbered 8923 and entitled "Pacific Improvement Company, plaintiff , vs James A. Waymire, et , defendants, Superior Court of Alameda County, State of California , filed July 30, 1990 in the office of the County Recorder of Alameda County and of record in Book 25 of Maps, at pages 74, 76 and 78, described as follows. Beginning at the intersection of the western line of said Tract 39 and the northern line of Atlantic Avenue; thence along the western line of said Tract 39, said line also being the western line of that parcel of land described in the deed to the United Sates of America recorded March 28, 1941 in Book 4023 of Attachment No. Official Records, at page 499 in the office of the Recorder of said Alameda County, North 0% 34' West , 740.00 feet to the southwestern corner of that parcel of land described in the deed to the United States of America recorded July 1 , 1963 in Reel 924 of Official Records, at Image 879 in the office of the Recorder of said Alameda County, thence along the western line thereof North 0% 34' West , 500.19 feet to the southwestern corner of that parcel of land described in the Judgment on a Declaration of Taking No. 30735 recorded December 21 , 1951 in Book 6618 of Official Records , at page 339 in the office of the Recorder of said Alameda County, thence along the western line thereof North 0% 34. West , 986.83 feet to the southwestern corner of that parcel of land described in the deed to the United States of America recorded June 20, 1956 in Reel 10 of Official Records , at Image 456 in the office of the County Recorder of said Alameda County; thence along the western line thereof North 0% 34' 09" East , 309.73 feet to the southwestern corner of that parcel of land described in the deed to United Sates of America recorded August 10, 1968 in Reel 1821 of Official Records , at Image 494 in the Office of the County Recorder of said Alameda County, thence along the southern line thereof South 87% 1 1' 24" East 446.19 feet to the southerly extension of the course "South 2% 49' 42" West , 505.94 feet" as described in said deed (Reel 1821 O.R. Image 494); thence along said extension and the exterior lines thereof as follows: North 2% 49' 42" East 559.95 feet; North 89% 30' 31" East , 199.25 feet; North 0% 31' 43" West , 515.33 feet; North 76%58' 17" East , 51.52 feet; South 0% 31' 43" East 17.73 feet; North 77% 05' 30" East, 30.74 feet and South 89% 51' 30" East 1180.29 feet to the western line of that parcel of land described in the deed to the State of California recorded in Book 7567 of Official Records at page 117 in the. office of the County Recorder of said Alameda County; thence along the exterior lines thereof , as follows: North 2% 47' 17" East , 43.00 feet; South 87% 12' 43" East, 283.15 feet; southeasterly along a curve having a radius of 250. feet concave to the southwest , through a central angle of 90% 52' 30" an arc length of 396.52 feet and South 2% 47' 17" East , 1251 .57 feet to a point on northern line of that parcel of land described in said Declaration of Taking No. 30735 (6618 OR 339), said point also being the southwestern corner of that parcel of land described in the deed to the United States of America recorded in Book 5597 of Official Records, at page 433 in the Office of the Recorder of said Alameda County; thence along the said northern line (66918 OR 339) South 88% 20' East, 833.24 feet to the northwestern corner of Parcel 2 as said parcel is shown on the map of Parcel Map No. 3399 filed October 2 , 1981 in Book 131 of Parcel maps, at page 1 in the Office of the Recorder of said Alameda County; thence along the western line thereof and the western line of Parcel 1 of said parcel map (131 PM 1) South 2% 04' 31" West , 464.03 feet to the northern line of that parcel of land described in the deed to Alameda Amusement Co., Inc. a Corporation , recorded in Reel 25 of Official Records, at Image 976 in the Office of the Recorder of said Alameda County; said line also being the southern line of that parcel described in said Declaration of Taking No. 30735 (6618 OR 339); Thence along the exterior lines of said parcel (6618 OR 339) North 89% 00' 30" West , 499.63 feet; thence South 0% 59' 50" West, 624.83 feet; thence North 89% 00' 10" West, 155.19 feet to the northeastern corner of the parcel of land Attachment No. described in the deed to the United States of America recorded May 1 , 1963 in Reel 871 of Official Records, at Image 596 in the office of the Recorder of said Alameda County, thence along the eastern line of said parcel (871 or 596) and the eastern line of that parcel land described in said Declaration of Taking No. 21816 (4023 OR 499) South 0% 59' 50" West, 1242.29 feet to.the southeastern corner of said parcel described in said Declaration of Taking No. 21816 (4023 OR 499); thence along the Southern line thereof, being the northern line of said Atlantic Avenue as follows: North 86% 34' West, 726.99 feet; South 88% 43' 04" West , 889.75 feet and North 88% 34' West , 926.16 feet to the point of beginning. And containing 202.4 acres, more or less. Attachment No. ED A W , J n e At t a c h m e n t N o . Ja n u a r y 7 , 1 9 9 7 -- - - .. - - -- - - Le g e n d Pa r c e l B o u n d a r y Bo u n d a r y M a p Al a m e d a P o i n t I m p r o v e m e n t P r o j e c t Pr o p o s e d R e d e v e l o p m e n t P r o j e c t Ci t y o f A l a m e d a Ba s e m a p "" . . . fk l l f " t u I " ' . u " ,i o ,n o ' " Il ' rr . - l . . f t " , .. l U k F " ", . . n / , " - ' 'J y . . t . . . , II ' p I . . , r. . r l ' ' ' ' ' ' .. ) ' At t a c h m e n t N o . Re d e v e l o p m e n t L a n d U s e M a p ,, , . .. , Wl l d U f . Pr . . " . Pl a n n i n g A r e a s Ci v i c C o r e M i x e d - Us e In n e r H a r b o r M i x e d - Us e Ma i n S t r e e t N e i g h b o r h o o d s ( e x c e p t E a s t H o u s i n g ) M i x e d - Us e Ea s t H o u s i n g mm Si n g l e - F a m n y Ma r i n a M i x e d - Us e No r t h W a t e r f r o n t M i x e d - Us e No r t h w e s t T e r r i t o r i e s M i x e d - Us e Wi l d l i e P r e s e r v e Op e n S p a c e * M i x e d - u s e c a t e g o r i e s i n c l u d e r e s i d e n t i a l , o f f i c e , r e s e a r c h a n d d e v e l o p m e n t , i n d u s t r i a l , c i v i c , i n s t i u t i o n a l , b u s i n e s s p a r k I i h t ' ' g In u s t r y co m m e r c i a l p a r k s , o p e n s p a c e , co m m e r C i a r e c r e a I o n m a n n a , a n pu IC n g t s 0 w a y . ATTACHMENT NO. PROPOSED PUBLIC IMPROVEMENTS The following public improvements are anticipated to be provided in the Project Area: Transportation Improvements \\ Upgrade roadways , intersections and signalization to ensure compliance with City design codes. e ,Extend Project Area streets to connect smoothly into the adjacent roadway system of the City, including Atlantic A venue , Tinker Avenue , Pacific Avenue, Mitchell/Mosley Extension , Central Avenue/Main Street. \\ Reconfigure East Gate at the intersection of Atlantic A venue and Main Street to include two inbound and two outbound travel lanes to serve as a primary access point to the Project Area. .. Provide new roadways and collaborate in the development of regional transportation projects as development occurs in each of the planning areas , as appropriate. Develop increased municipal parking resources in the central area. .. Relocate or expand the existing ferry terminal. Provide landscaping improvements to Project Area streets using the City adopted Street Tree Management Plan. Create gateway entries to the Project Area , especially at major roadways that are currently closed off at the fence line, through the use of signage, landscaping, and landmarks. Provide a pedestrian and bicycle circulation system connecting residential and employment areas in the Project Area. Establish separated bicycle paths on Main Street, Atlantic Avenue , Tinker Avenue, and Mitchell Mosley. Infrastructure Improvements /I Implement gas system improvements, as appropriate. /I Implement electrical system improvements, as appropriate. Implement stormwater system improvements, as appropriate. /I Implement wastewater system improvements, as appropriate. /I Implement potable water system improvements, as appropriate. Continue to implement improvement programs to address periodic Main Street flooding. Reduce the effects of extensive runoff by the use of extensive landscaping. Attachment No. Provide new parking facilities as new development occurs in the Project Area, assuring that it is well designed, well located and suffcient to meet mar ket demand. Public Facilities II Renovate existing facilities or construct new facilities to meet identified public facility needs. cD Renovate existing fire-fighting facilty. cD Construct new fire training facilty. Improve/develop new corporation/maintenance yards servicing public entities in Alameda. Parks, Recreation and Open Space cD Assist in providing community recreation opportunities throughout the Project Area. Assist in providing for neighborhood parks, community parks, community open space, greenways, public gathering spaces and region serving park and recreation facilities. Assist in incorporating plazas and public open space into neighborhood centers. cD Assist in developing a management plan for areas adjacent to the wildlife refuge, incorporating landscaping, trails, and barriers. Assist in establishing a marina in the Seaplane Lagoon if the Navy provides the significant costs of cleaning it up. II Assist in constructing a Conference Center or renovating an existing building(s) to provide publici convention meeting space. Assist in establishing a golf course as part of an open space program. II Assist in creating a continuous public shoreline access that connects with other City waterfront trails. II Assist in the creation of cultural arts/museum space. Attachment No. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of March , 1998, by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Kerr Lucas and President Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 4th day of March , 1998. fK :bDian Felsch, City Clerkci ty of Alameda