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Home My WebLink AboutResolution No. 03-R60 0 RESOLUTION NO. 03—R6 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RECEIVING THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED CENTRAL BUSINESS DISTRICT AND THE WEST END REDEVELOPMENT PROJECTS AUTHORIZING THE PROVISION OF THE PROPOSED AMENDMENTS TO RESIDENTS, BUSINESSES, PROPERTY OWNERS AND COMMUNITY ORGANIZATIONS, AND AUTHORIZING TRANSMITTAL OF THE PROPOSED AMENDMENTS TO AFFECTED TAXING AGENCIES, AND SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION WHEREAS, the Redevelopment Agency of the City of Azusa has prepared Amendments to the Redevelopment Plans for the Merged Central Business District and the West End Redevelopment Projects for the purposes of adding territory to the Central Business District Redevelopment Project Area (a portion of which is County unincorporated area), extending existing time limits, increasing the combined tax increment limit, increasing the combined bonded indebtedness limit, and re-establishing eminent domain; and WHEREAS, pursuant to Section 33213 of the California Community Redevelopment Law (Section 33000 et seq., Health and Safety Code), the Board of Supervisors of Los Angeles County adopted Ordinance No. 2001-000 on January 16, 2001, which authorizes the City of Azusa to redevelop certain specified unincorporated area within its territorial jurisdiction; and WHEREAS, the California Community Redevelopment Law provides in Section 33328 that prior to the publication of the notice of the joint Agency/City Council public hearing on the proposed Amendments, the Agency shall consult with each affected taxing agency with respect to the proposed Amendments; and WHEREAS, the California Community Redevelopment Law (Section 33000 et seq., Health and Safety Code) provides in Section 33385(£) that if a project area does not contain a substantial number of low and moderate income individuals, the redevelopment agency shall consult with and obtain the advice of residents and community organizations, and provide such persons and organizations with the proposed redevelopment plan amendment prior to submitting it to the legislative body; and WHEREAS, the California Community Redevelopment Law provides in Section 33356 that prior to a joint public hearing on the proposed Amendments, the Agency shall submit the proposed Amendments to the Planning Commission for its report and recommendation. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Section 1. The proposed Amendments to the Redevelopment Plans for the Central Business District Redevelopment Project and the West End Redevelopment Project are hereby received in the form attached hereto as Exhibit A. Section 2. The Executive Director is hereby authorized and directed to transmit the proposed Amendments to each affected taxing agency for purposes of consultations. Section 3. The Executive Director is hereby authorized and directed to provide copies of the proposed Amendments to Project Area residents, businesses, property owners, and community organizations. w: vREsoswcx,P].aRm doc Exhibit A 0 0 Section 4. The proposed Amendments are referred to the Planning Commission of the City of Azusa for report and recommendation. PASSED, APPROVED AND ADOPTED this day of 2003. Chair ATTEST: Secretary APPROVED AS TO FORM: Agency ounsel I HEREBY CERTIFY that the foregoing Resolution No. 03-R6 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held this 17th day of March, 2003, by the following vote of the Council. AYES COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon, Madrid NOES COUNCILMEMBERS: None ABSENT COUNCILMEMBERS: None ABSTAIN COUNCILMEMBERS: None -G'L� Secretary Page 2 of 2 0 0 PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECTS Prepared by the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA, CALIFORNIA Fi Revived RMcvcbpmeni Plan ozlla. �la� 0 0 TABLE OF CONTENTS INTRODUCTION Eighth Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project Third Amendment to the Redevelopment Plan for the West End Redevelopment Project Attachment to Each of the Above Amendments: Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects Fw K< RMeec tPW •w, 022 WVK INTRODUCTION The City Council of the City of Azusa adopted the Central Business District and the West End Redevelopment Projects ("Redevelopment Projects") in 1978 and in 1983, respectively. The redevelopment plan for the Central Business District Redevelopment Project has been amended seven times to date. The redevelopment plan for the West End Redevelopment Project has been amended twice. The two projects and their respective adoption and amendment dates and adoption and amendment ordinance numbers are: Central Business District Redevelopment Project Adopted 9/18178, Ordinance No. 2062 Amended 6/18/79, Ordinance No. 2077 Amended 7/20181, Ordinance No. 2113 Amended 11/28183, Ordinance No. 2197 Amended 12/17184, Ordinance No. 2249 Amended 12/17184, Ordinance No. 2250 Amended 11/7/88, Ordinance No. 2382 Amended _/_/ Ordinance No. West End Redevelopment Project Adopted 11128/83, Ordinance No. 2196 Amended 11/7/88, Ordinance No. 2382 Amended _I_IOrdinance No. The City Council now proposes to amend the redevelopment plans ("Redevelopment Plans") for the above two projects, primarily for the purposes of: 1) replacing the two Redevelopment Plans with one amended and restated redevelopment plan covering the two projects collectively; and 2) adding territory to the Central Business District Redevelopment Project. (A portion of the area proposed for addition to the Central Business District Project is located within unincorporated Los Angeles County territory, and such inclusion has been approved by an ordinance of the Los Angeles County Board of Supervisors.) In addition, the Redevelopment Plans are also being amended to: 1) increase the combined tax increment limit applicable to both projects; 2) increase the combined bonded indebtedness limit applicable to both projects; 3) extend as necessary the duration, debt establishment, and debt repayment time limits of the plans; and 4) establish a new time limit on undertaking eminent domain proceedings to acquire non-residential property within the Central Business District and West End Redevelopment Project Areas. Although each of the proposed plan amendments must be adopted separately, to facilitate their consideration, they, together with the proposed new "Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects," have been aggregated and presented together in this one document. Fw Rlvu RedevNopmmt P1..� 02210]1. 0 0 EIGHTH AMENDMENT to the REDEVELOPMENT PLAN forthe CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT Adopted 2003 Ordinance No. Prepared by the Redevelopment Agency of the City of Azusa Azusa, California Find Rev R�,p m PW as 0221031¢ 9 Preface.. TABLE OF CONTENTS Eighth Amendment to the Redevelopment Plan for the Central Business District Redevelopment Project........... L Attachment I: Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects Exhibit "A": Maps of Eighth Amendment Areas Exhibit "B": Legal Descriptions of Eighth Amendment Areas Eighth .4mendment to the Amended Redevelopment Plan for the Centra( Business District Redevelopment Project A-1 0 0 PREFACE The Redevelopment Plan ("Redevelopment Plan") for the Central Business District Redevelopment Project was adopted on September 18, 1978, by City Council Ordinance No. 2062. The Redevelopment Plan has been amended seven times: on June 18, 1979, by Ordinance No. 2077; on July 20, 1981, by Ordinance No. 2113; on November 28, 1983, by Ordinance No. 2197; on December 17, 1984, by Ordinance No. 2249; on December 17, 1984, by Ordinance No. 2250; on November 7, 1988, by Ordinance No. 2382 and on_!_I_, by Ordinance No. _.The first amendment added territory to the Project Area. The second amendment increased the tax increment and bonded indebtedness limits, and added territory. The third amendment reduced the tax increment and bonded indebtedness limits; extended the debt establishment time limit; extended the time limit for commencement of eminent domain proceedings; and added territory. The fourth amendment deleted territory from the Project Area. The fifth amendment revised Finance Section 500 of the Redevelopment Plan, extended the debt establishment time limit, and added back the territory deleted by the fourth amendment. The sixth amendment merged the Central Business District Redevelopment Project with the West End Redevelopment Project ("Merged Project"). The seventh amendment revised the plan's financial time limits to bring them into conformity with new Community Redevelopment Law maximums established in AB 1290 (Chap. 942, 1993 Statutes). This is the eighth amendment ("Eighth Amendment") to the Redevelopment Plan for the Central Business District Redevelopment Project ("Project"). The purposes of this proposed Eighth Amendment are to: 1) replace the Redevelopment Plan, as well as the redevelopment plan for the West End Redevelopment Project, with one amended and restated redevelopment plan applicable to the entire Merged Project; 2) add certain territory to the Project; 3) re-establish the time limit for commencement of eminent domain proceedings to acquire non-residential property within the Project; 4) increase the combined tax increment limit applicable to the entire Merged Project; 5) increase the combined bonded indebtedness limit applicable to the entire Merged Project; 6) extend the time limits for the establishment of Project and Merged Project debt which can be repaid in whole or part with tax increment; 7) extend the time limits for the repayment of Project and Merged Project debt with tax increment; and ; 8) extend the durations of the amended and restated redevelopment plan's effectiveness applicable to the Project. Eighth Amendment to the Amended Redevelopment Plan for the Central Business District Redevelopment Project 0 0 EIGHTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT Amendment No. 1 That the Redevelopment Plan for the Central Business District Redevelopment Project, including any maps, graphs, tables, exhibits and attachments included therein or attached thereto, be amended and restated in its entirety so as to read as shown in the "Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects," attached hereto as Attachment I. Amendment No. 2 That the areas shown on Exhibit "A", Maps of Eighth Amendment Areas, and described in Exhibit "B", Legal Descriptions of Eighth Amendment Areas, be added to the Central Business District Redevelopment Project. Eighth Amendment to the Amended Redevelopment Plan jar the Central Business District Redevelopment Project A-1 EXHIBIT "A" MAPS OF EIGHTH AMENDMENT AREAS (Eighth Amendment Area Nos. 1 through 15) Central Business District Redevelopment Project 0 0 EXHIBIT "B" LEGAL DESCRIPTIONS OF EIGHTH AMENDMENT AREAS (Eighth Amendment Areas No. 1 through 15) Central Business District Redevelopment Project 0 0 THIRD AMENDMENT to the REDEVELOPMENT PLAN forthe WEST END REDEVELOPMENT PROJECT Adopted 12003 Ordinance No. Prepared by the Redevelopment Agency of the City of Azusa Azusa, California FEW Ke mM PW 0]]1011. • .• TABLE OF CONTENTS Preface................................................................................................................................................................. ii Third Amendment to the Redevelopment Plan for the West End Redevelopment Project................................................................................................. A-1 Attachment I: Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects Third Amendment to the Redevelopment Plan for the West End Redevelopment 0 0 PREFACE The Redevelopment Plan ("Redevelopment Plan") for the West End Redevelopment Project was adopted on November 28, 1983, by City Council Ordinance No. 2196. The Redevelopment Plan has been amended twice: on November 7, 1988, by Ordinance No. 2382, and on _/_/ , by Ordinance No. The first amendment merged the West End Redevelopment Project with the Central Business District Redevelopment Project ("Merged Project"). The second amendment revised the plan's financial time limits to bring them into conformity with new Community Redevelopment Law maximums established in AS 1290 (Chap. 942, 1993 Statutes). This is the third amendment ("Third Amendment") to the Redevelopment Plan for the West End Redevelopment Project ("Project"). The purposes of this proposed Third Amendment are to: 1) replace the Redevelopment Plan, as well as the redevelopment plan of the Central Business District Redevelopment Project, with one amended and restated redevelopment plan applicable to the entire Merged Project; 2) re-establish the time limit for commencement of eminent domain proceedings to acquire non-residential property within the Project; 3) increase the combined bonded indebtedness limit applicable to the entire Merged Project; 4) increase the combined tax increment limit applicable to the entire Merged Project; 5) extend the time limit for the establishment of Project and Merged Project debt which can be repaid in whole or part with tax increment; 6) extend the time limit for the repayment of Project and Merged Project debt with tax increment: and; 7) extend the duration of the amended and restated redevelopment plan's effectiveness applicable to the Project. Third AmCndment to dte Redevelopment Plan jor the West End Redevelopment Project i 0 THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE WEST END REDEVELOPMENT PROJECT That the Redevelopment Plan for the West End Redevelopment Project, including any maps, graphs, tables, exhibits and attachments included therein or attached thereto, be amended and restated in its entirety so as to read as shown in the "Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects," attached hereto as Attachment I. Third Amendment to the Redevelopment Plan for the West End Redevelopment Project M 0 Attachment I 0 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECTS Adopted: Ordinance Nos. Prepared by the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA, CALIFORNIA Fm Re+vci Kcd ebpm PW 022101/. TABLE OF CONTENTS I. [Section 100] INTRODUCTION................................................................................... A. [Section 101] General..................................................................................... B. [Section 1021 Goals and Objectives................................................................ C. [Section 103] Merged Project.......................................................................... II. [Section 200] MERGED PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION.......................................................................... III. [Section 3001 REDEVELOPMENT ACTIVITIES.......................................................... A. [Section 301] General..................................................................................... B. [Section 302] Owner Participation and Business Reentry Preferences.......... 1. [Section 3031 Owner Participation...................................................... 2. [Section 3041 Business Reentry Preferences .................................... 3. [Section 305] Participation Agreements ............................................. 4. [Section 306] Implementing Rules ..................................................... C. [Section 307] Property Acquisition.................................................................. 1. [Section 3081 Acquisition of Real Property... ...................................... 2. [Section 309] Acquisition of Personal Property .................................. D. [Section 3101 Property Management............................................................... E. [Section 311] Relocation of Occupants Displaced by Agency Acquisition...... 1. [Section 3121 Relocation Housing Requirements., ............................ 2. [Section 313] Assistance in Finding Other Locations ......................... 3. [Section 314] Relocation Payments... ................................................ F. [Section 315] Payments to Taxing Agencies in Lieu of Taxes ........................ G. [Section 3161 Demolition, Clearance, Public Improvements, Building and Site Preparation.................................................... 1. [Section 3171 Demolition and Clearance ............................................ 2. [Section 318] Public Improvements................................................... 3. [Section 319] Preparation of Building Sites ........................................ H. [Section 320] Property Disposition and Development ..................................... 1. [Section 3211 Real Property Disposition and Development ............... a. [Section 322] General........................................................... b. [Section 3231 Disposition and Development Documents...... C. [Section 324] Development by the Agency or Other Public Bodies or Entities ................... d. [Section 325] Development Plans... .................... ................. 2. [Section 326] Personal Property Disposition ...................................... PAGE ..1 1 2 2 3 4 4 4 4 5 5 6 6 6 .6 6 7 7 7 7 7 .. 7 .. 7 8 ,8 ..8 .. 8 .. 8 .. 9 .9 10 10 0 0 PAGE I. [Section 3271 Cooperation with Public Bodies.......................................................................1C J. [Section 3281 Rehabilitation, Conservation and Moving of Structures...................................11 1. [Section 329] Rehabilitation and Conservation.........................................................11 2. [Section 3301 Moving of Structures...........................................................................11 K. [Section 331] Low or Moderate Income Housing.. ................................................................. 11 1. [Section 332] Authority Generally..............................................................................11 2. [Section 333] Replacement Housing.........................................................................12 3. [Section 334] Replacement Housing Plan................................................................12 4. [Section 335] Increase, Improve and Preserve the Supply.......................................12 5. [Section 3361 New or Rehabilitated Dwelling Units Developed Within Merged Project Area.....................................13 6. [Section 3371 Duration of Dwelling Unit Availability and Agency Monitoring ............. 14 L. [Section 3381 Implementation Plans..................................................................................14 IV. [Section 400] LAND USES AND DEVELOPMENT REQUIREMENTS...............................................15 A. [Section 401] Redevelopment Plan Map and Major Merged Project Area Land Uses ..........15 B. [Section 4021 Major Land Uses..............................................................................................15 C. [Section 403] Other Land Uses..............................................................................................16 1. [Section 404] Public Rights of Way........................................................................... 16 2. [Section 405] Other Public, Semi -Public, Institutional and Non -Profit Uses .............17 D. [Section 406] Conforming Properties.....................................................................................17 E. [Section 407] Interim Uses.....................................................................................................17 F. [Section 408] Nonconforming Uses.......................................................................................17 G. [Section 409] General Controls and Limitations.....................................................................18 1. [Section 4101 Construction........................................................................................18 2. [Section 4111 Limitation on the Number of Buildings................................................18 3. [Section 4121 Number of Dwelling Units...................................................................18 4. [Section 413] Limitations on Type, Size and Height of Buildings..............................18 5. [Section 414] Open Spaces, Landscaping, Light, Air and Privacy ............................18 6. [Section 415] Signs...................................................................................................18 7. [Section 416] Utilities.................................................................................................19 8. [Section 417] Incompatible Uses..............................................................................19 9. [Section 418] Subdivision of Parcels.........................................................................19 10. [Section 419] Minor Variations..................................................................................19 H. [Section 420] Design Guide...................................................................................................19 I. [Section 4211 Building Permits...............................................................................................20 V. [Section 500] METHODS OF FINANCING THE MERGED PROJECT..............................................21 A. [Section 501] General Description of the Proposed Financing Method.................................21 B. [Section 502] Tax Increment Funds.......................................................................................21 0 0 C. [Section 503) Agency Bonds ...................................................... D. [Section 5041 Time Limits on Establishment of Indebtedness... E. [Section 5051 Statutory Payments to Affected Taxing Entities... F. [Section 506] Time Limits on Receipt of Tax Increment............ VI. [Section 6001 ACTIONS BY THE CITY AND COUNTY .......................... VII. [Section 7001 ENFORCEMENT.............................................................. VIII. [Section 8001 DURATIONS OF THIS PLAN'S EFFECTIVENESS ......... IX. [Section 9001 PROCEDURE FOR AMENDMENT .................................. X. [Section 10001 SEVERABILITY................................................................. EXHIBITS "A-1," "A-2," and "A-3" REDEVELOPMENT PLAN MAP EXHIBITS "B -1.-B-2." and "B-3" LEGAL DESCRIPTION OF MERGED PROJECT AREA EXHIBIT "C" PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS LJ P AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECTS [Section 100] INTRODUCTION A. [Section 1011 General This is the Amended and Restated Redevelopment Plan ("Redevelopment Plan" or "Plan") for the Merged Central Business District and West End Redevelopment Projects (collectively, the "Merged Project") in the City of Azusa ("City"), County of Los Angeles, State of California. This Plan amends, restates and supersedes in their entirety the redevelopment plans heretofore adopted and amended for the foregoing constituent projects ("Constituent Projects") that comprise the Merged Project. Nothing in this Plan is intended to or shall affect in any manner the base years or base year assessed valuations for the Constituent Projects determined in accordance with Health and Safety Code Section 33670. This Plan consists of text (Sections 100 through 1000), a Redevelopment Plan Map showing the Merged Project and each of the Constituent Projects (Exhibits "AA." "A-2," and "A-3"), a Legal Description of the Merged Project Area (Exhibits "B-1," "B-2," and "13-3"), and the Proposed Public Improvements and Facilities Projects (Exhibit "C"). This Plan was prepared by the Redevelopment Agency of the City of Azusa ("Agency'), pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code, Section 33000 et seq.; all statutory references hereinafter shall be to the Health and Safety Code unless otherwise designated), the California Constitution, and other applicable federal, state and local laws. The definitions of general terms that are contained in the Community Redevelopment Law govern the construction of this Plan, unless more specific terms and definitions therefor are otherwise provided in this Plan. Many of the requirements contained in this Plan are necessitated by and in accord with statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions may be changed from time to time. In the event that any such changes affect this Plan's requirements, and would be applicable to the Agency, any constituent project, the Merged Project, or this Plan whether or not this Plan were formally amended to reflect such changes, then the requirements of this Plan that are so affected shall be superseded by such changes, to the extent necessary to be in conformity with such changes. The merged project area ("Merged Project Area") includes all properties within the Merged Project boundary shown on the Redevelopment Plan Map and described in the Legal Description of the Merged Project Area. A portion of the Merged Project Area is located within unincorporated County of Los Angeles ("County") territory. Pursuant to Section 33213 of the Health and Safety Code, by Ordinance No. _, adopted _, 200_, the Board of Supervisors of Los Angeles County authorized the City to redevelop the County area or any appropriate portion thereof, and to prepare this Redevelopment Plan for such redevelopment. Subsequently, by Ordinance No. " , adopted 200_, the Board of Supervisors of Los Angeles County approved this Redevelopment Plan. This Plan provides the Agency with powers, duties and obligations to implement and further the program generally formulated in this Plan for the continued redevelopment, rehabilitation, and revitalization of the Merged Project Area. This Plan does not present a specific plan or establish priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any particular area within either constituent project or the Date and ordinance number will be inserted following adoption of County ordinances. F' Rc RN by l PW as MICH. 0 0 Merged Project Area. Instead, this Plan presents a process and a basic framework within which specific development plans will be presented, priorities for specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. B. [Section 102] Goals and Objectives The goals and objectives of the Agency's redevelopment program for the Central Business District Project Area (including the areas added to the Project by the first, second, third and fifth amendments) and the West End Project Area are set forth in the implementation plan adopted on 2000. The goals and objectives of the Agency's redevelopment program for the areas added to the Central Business District Project Area by the eighth amendment to the Project's redevelopment plan, are set forth in the Preliminary Plan for the areas adopted by the Planning Commission on 2001. The principal goal and objective of the Merged Project shall be to eliminate all remaining blight and complete all Agency -assisted redevelopment activities as quickly as possible consistent with the needs of the Constituent Projects and the availability of financial resources to fund them. Redevelopment of the Merged Project Area pursuant to this Redevelopment Plan and the above goals and objectives will attain the purposes of the California Community Redevelopment Law by: (1) elimination of areas suffering from economic dislocation and disuse; (2) replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assistance; (3) protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City by remedying such injurious conditions through the employment of appropriate means; (4) installation of new or replacement of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities; and (5) other means as deemed appropriate. C. [Section 103] Merged Project The Constituent Projects are merged so that taxes attributable to each consfituent project area which are allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment Law are to be allocated to the entire Merged Project Area for the purpose of paying the principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Project, except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution or other agreement was adopted or approved by the Agency prior to the merging of the Constituent Projects. Except as otherwise noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose In either of the Constituent Projects. 0 0 II. [Section 200] MERGED PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION The boundaries of the Merged Project Area and the constituent project areas are shown on the Redevelopment Plan Map attached as Exhibits "A-1," "A-2," and "A-3.' The boundaries of the Merged Project Area are described in the Legal Description of the Merged Project Area attached as Exhibits "B-1," "B-2" and "8- 3." The Exhibit "A-1" map includes the original area of the Central Business District Redevelopment Project, as adopted in 1978, as well as the areas added by Amendment Nos. 1, 2, 3, and 5. The Exhibit "A-2" map includes the areas added to the Central Business District Redevelopment Project by the eighth amendment to the project's redevelopment plan, adopted in 200_ ("Central Business District Eighth Amendment Area"). The Exhibit "A-3" map includes the original area of the West End Project as adopted in 1983. The Exhibit "B-1" legal description describes the original area of the Central Business District Redevelopment Project, as adopted in 1978, as well as the area added by Amendment Nos. 1, 2, 3, and 5. The Exhibit "B-2" legal description describes the Eighth Amendment Areas added to the Central Business District Project by the amendment adopted in 200_ The Exhibit "B-3" legal description describes the area of the West End Redevelopment Project, as adopted in 1983. 0 9 III. [Section 300] REDEVELOPMENT ACTIVITIES A. [Section 301] General The Agency has and will continue to eliminate and prevent the spread of blight and blighting influences, and to strengthen the economic base of the Merged Project Area and the community, by some or all of the following: 1. Permitting participation in the redevelopment process by owners and occupants of properties located in the Merged Project Area, consistent with this Plan and rules adopted by the Agency; 2. Acquisition of real property, 3. Management of property under the ownership and control of the Agency; 4. Relocation assistance to displaced occupants of property acquired by the Agency in the Merged Project Area; 5. Demolition or removal of buildings and improvements, 6. Installation, construction, expansion, addition, extraordinary maintenance or re -construction of streets, utilities, and other public facilities and improvements; 7. Disposition of property for uses in accordance with this Plan; 8. Redevelopment of land by private enterprise and public agencies for uses in accordance with this Plan; 9. Rehabilitation of structures and improvements by present owners, their successors, and the Agency,- 10. gency;10. Rehabilitation, development or construction of low and moderate income housing within the Merged Project Area and/or the City or the County; and 11. Providing for the retention of controls and establishment of restrictions or covenants running with the land so that property will continue to be used in accordance with this Plan. In the accomplishment of these activities, and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers to the extent now or hereafter permitted by law, which powers are not expressly limited by this Plan. B. [Section 302] Owner Participation and Business Reentry Preferences [Section 303] Owner Participation Owners of real property within the Merged Project Area shall be extended reasonable opportunities to participate in the redevelopment of property in their constituent project within the Merged Project Area if such owners agree to participate in the redevelopment in conformity with this Redevelopment Plan and owner participation implementation rules adopted by the Agency. Participation methods include remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency or joining with another person or entity for the rehabilitation or development of the owner's property and, if appropriate, other property. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his/her existing buildings, or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation methods also include the Agency buying land and improvements at fair market value from owners and offering other parcels for purchase and rehabilitation or development by such 4 0 0 owners, or offering an opportunity for such owners to rehabilitate or develop property jointly with other persons or entities. Participation opportunities shall be limited to the potential participant's constituent project and shall necessarily be subject to and limited by factors including but not limited to the following: (1) the elimination and changing of some land uses, (2) the construction, realignment, abandonment, widening, opening and/or other alteration or elimination of public rights-of-way; (3) the removal, relocation, and/or installation of public utilities and public facilities, (4) the ability of potential participants to finance the proposed acquisition, development or rehabilitation in accordance with this Redevelopment Plan, (5) the ability and experience of potential participants to undertake and complete the proposed development; (6) any reduction in the total number of individual parcels in the constituent project area; (7) the construction or expansion of public improvements and facilities, and the necessity to assemble areas for such; (8) any change in orientation and character of the constituent project area; (9) the necessity to assemble areas for public and/or private development; (10) the requirements of this Plan and applicable rules, regulations, and ordinances of the City of Azusa and County of Los Angeles; (11) any Design Guide adopted by the Agency pursuant to Section 420 hereof; and (12) the feasibility of the potential participant's proposal. 2. [Section 304] Business Reentry Preferences Business occupants engaged in business in the Merged Project Area shall be extended reasonable preferences to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by this Redevelopment Plan and business reentry preferences implementation rules adopted by the Agency. Whenever a business occupant will be displaced by Agency action from any constituent project within the Merged Project Area, the Agency will, prior to such displacement, determine: 1)whether such business occupant desires to relocate directly to another location within the business occupant's constituent project, or 2) if suitable relocation accommodations within the constituent project are not available prior to displacement, whether such business occupant would desire to reenter in business within the constituent project at a later date should suitable accommodations become available. For those business occupants who desire to relocate directly to another location within the constituent project the Agency will make reasonable efforts to assist such business occupants to find accommodations at locations and rents suitable to their needs. A record of the business occupants who cannot be or do not want to be directly relocated within their constituent project, but who have stated that they desire to reenter into business within their constituent project whenever suitable locations and rents are available, will be maintained by the Agency. The Agency will make reasonable efforts to assist such business occupants to find reentry accommodations at locations and rents suitable to their needs. Unless otherwise determined by the Agency, reentry preferences shall be limited to the displaced business occupant's constituent project and shall necessarily be subject to and limited by factors such as the following: (1) the extent to which suitable relocation or reentry accommodations exist or are rehabilitated or developed within the constituent project; (2) the extent to which suitable relocation or reentry accommodations are available to displaced business occupants within an acceptable time period or at rents and other terms that are acceptable to such displaced business occupants, and within their financial means; and (3) the requirements of this Redevelopment Plan or any Design Guide adopted by the Agency pursuant to this Redevelopment Plan. 3. [Section 305] Participation Agreements The Agency may require that, as a condition to participate in redevelopment or to obtain a building permit pursuant to Section 421 hereof, each participant shall enter into a binding written participation agreement with the Agency by which the participant agrees to contribute, sell, lease, acquire, rehabilitate, develop or use the property in conformance with this Plan and to be subject to provisions hereof and such other provisions and conditions to which the parties may agree. In such agreements, participants who retain real property may be required to sign and join in the recordation of such documents as is necessary to make the provisions of this Plan and such participation agreement applicable to their properties. In the event an owner or participant fails or refuses to develop, or use and maintain, their real property pursuant to this Plan and such participation agreement, the real 5 9 0 property or any interest therein may be acquired by the Agency and sold or leased for development in accordance with this Plan. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Merged Project Area. 4. [Section 306] Implementing Rules The provisions of Sections 302 through 305 shall be implemented according to the rules adopted by the Agency prior to the approval of this Plan, and the same may be from time to time amended by the Agency. Where there is a conflict between the participation and re-entry preferences provisions in this Plan and such rules adopted by the Agency, the rules shall prevail. C. [Section 307] Property Acquisition [Section 308] Acquisition of Real Property Except as specifically limited herein, the Agency may acquire, but is not required to acquire, any real or personal property, any interest in property, and any improvements thereon, located in the Merged Project Area by gift, grant, bequest devise, exchange, lease, purchase, eminent domain or any other lawful method. It is in the public interest and is necessary in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Merged Project Area. No eminent domain proceeding to acquire property within the Merged Project Area shall be commenced after twelve (12) years following the effective date of the ordinances that adopted this Amended and Restated Redevelopment Plan. The Redevelopment Agency will not subject residences within the Merged Project Area, regardless of zoning, both owner -occupied and rental, to condemnation unless requested in writing by the property owner. The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or character within the Central Business District constituent project area, except to preclude the right to explore for, produce or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surface of any property in the Central Business District constituent project area. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. Without the consent of the owner, the Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless such building requires structural alteration, improvement, modernization, or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape or use, or it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan or of any Design Guide adopted by the Agency pursuant to this Plan, and the owner fails or refuses to participate in the Plan or in conformance with any such Design Guide by executing a participation agreement. 2. [Section 309] Acquisition of Personal Property Generally, personal property shall not be acquired by the Agency. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Merged Project Area by any lawful means, including eminent domain. D. [Section 310] Property Management During such time as property, if any, in the Merged Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the 2 0 0 Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. E. [Section 311] Relocation of Occupants Displaced by Agency Acquisition [Section 312] Relocation Housing Requirements No persons or families of low and moderate income residing in the Merged Project Area shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace such persons or families until such housing units are available and ready for occupancy. Permanent housing facilities shall be made available within three years from the time occupants are displaced. Pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. 2. [Section 313] Assistance in Finding Other Locations The Agency shall assist all persons (including individuals and families), business concerns, and others displaced by Agency action in the Merged Project Area in finding other locations and facilities. In order to carry out the Merged Project with a minimum of hardship to persons (including individuals and families), business concerns, and others, if any, displaced from their respective places of residence or business, the Agency shall assist such persons, business concerns and others in finding new locations that are decent, safe, sanitary, within their respective financial means, in reasonably convenient locations, and otherwise suitable to their respective needs. The Agency may also provide housing inside or outside the Merged Project Area for displaced persons. 3. [Section 314] Relocation Payments The Agency shall make all relocation payments required by law to persons (including individuals and families), business concerns, and others displaced by the Agency from property in the Merged Project Area. Such relocation payments shall be made pursuant to the California Relocation Assistance Law (Government Code Section 7260 et seq.) and Agency rules and regulations adopted pursuant thereto as such may be amended from time to time. The Agency may make such other payments as it may deem appropriate and for which funds are available. F. [Section 315] Payments to Taxing Agencies In Lieu of Taxes The Agency may in any year during which it owns property in the Merged Project Area pay directly to the City, County, or other district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon the Agency -owned property had it not been exempt, an amount of money In lieu of taxes. G. [Section 316] Demolition, Clearance Public Improvements Building and Site Preparation [Section 317] Demolition and Clearance The Agency is authorized to demolish and clear buildings, structures, and other improvements from any real property in the Merged Project Area as necessary to carry out the purposes of this Plan. 0 0 2. [Section 318] Public Improvements The Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements, facilities and utilities (within or outside the Merged Project Area) necessary to carry out this Plan. Such public improvements, facilities and utilities include, but are not limited to, the following: (1) over- and under- passes, (2) sewers; (3) storm drains, (4) electrical, natural gas, telephone and water distribution systems; (5) parks and plazas, (6) playgrounds, (7) parking and transportation facilities; (8) landscaped areas; (9) street and circulation improvements; (10) flood control improvements and facilities; (11) fire stations, school facilities, and community centers; and (12) other public facilities serving the needs of Merged Project Area occupants. Anticipated public improvements, facilities and utilities that may be installed or constructed, or caused to be installed or constructed, by the Agency include, but are not limited to, those set forth in attached Exhibit "C," Proposed Public Improvements and Facilities Projects for the Merged Project Area. 3. [Section 319] Preparation of Building Sites The Agency is authorized to prepare, or cause to be prepared, as building sites any real property in the Merged Project Area owned by the Agency. The Agency is also authorized to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for commercial, public, and other uses provided in this Plan. The Agency may take any actions which it determines are necessary and which are consistent with other state and federal laws to remedy or remove a release of hazardous substances on, under, or from property in the Merged Project Area in accordance with the requirements of Health and Safety Code Section 33459 et seq. H. [Section 320] Property Disposition and Development [Section 321] Real Property Disposition and Development a. [Section 322] General For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. The Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding but only after public hearing. Before any interest in real property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council by resolution after public hearing in conformance with Section 33433 of the Health and Safety Code. All real property acquired by the Agency in the Merged Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan, and any such sale or lease may be for an amount at less than fair market value if determined to be at the highest and best use consistent with this Plan. Real property may also be conveyed by the Agency to the City and, where beneficial to any constituent project or the Merged Project Area, to any other public body without charge or for an amount at less than fair market value. All purchasers or lessees of property from the Agency shall be made obligated to use the property for the Purposes designated in this Plan, to begin and complete development of the property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of development in the Merged Project Area, the Agency shall ensure that the provisions of this Plan and of other documents formulated pursuant to this Plan are being observed, and that development in the Merged Project Area is proceeding in accordance with development documents and time schedules. 0 10 b. [Section 3231 Disposition and Development Documents The Agency shall reserve powers and controls in disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is expeditiously carried out pursuant to this Plan. To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan and any adopted Design Guide and other conditions imposed by the Agency by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the zoning ordinance, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the Office of the Recorder of the County. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. All property in the Merged Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon sex, marital status, race, color, religion, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Merged Project Area. All property sold, leased, conveyed, or subject to a participation agreement, by or through the Agency, 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 Merged Project Area shall contain such non-discrimination and non -segregation clauses as are required by law, including without limitation, the requirements of Sections 33435 and 33436 of the Health and Safety Code. C. [Section 324] Development by the Agency or Other Public Bodies or Entities To the extent now or hereafter permitted by law, the Agency may, with the consent of the City Council, pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or outside the Merged Project Area, if the City Council determines: (1) that such buildings, facilities, structures, or other improvements are of benefit to either constituent project or the Merged Project or the immediate neighborhood in which the constituent project or Merged Project is located, regardless of whether such improvement is within the constituent project or Merged Project Area; (2) that no other reasonable means of financing such buildings, facilities, structures, or other improvements are available to the community; and (3) that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the either the constituent project or Merged Project Area or provide housing for low or moderate income persons and is consistent with the implementation plan adopted pursuant to Section 33352 or 33490 of the Health and Safety Code. Such determinations by the Agency and the City Council shall be final and conclusive. Specifically, the Agency may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement set forth in Section 318 of this Plan, including, without limitation, those set forth in Exhibit "C," Proposed Public Improvements and Facilities Projects for the Merged Project Area. When the value of such land or the cost of the installation and construction of such building, facility, structure, or other improvement, or both, has been, or will be paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to advance funds to, or reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure, or other improvement, or both, by periodic payments over a period of years. 0 0 0 The obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment of the Merged Project Area, which indebtedness may be made payable out of taxes levied in the Merged Project Area and allocated to the Agency under subdivision (b) of Section 33670 of the California Redevelopment Law and Section 502 of this Plan, or out of any other available funds. In a case where such land has been or will be acquired by, or the cost of the installation and construction of such building, facility, structure or other improvement has been paid by, a parking authority, joint powers entity, or other public corporation to provide a building, facility, structure, or other improvement which has been or will be leased to the City such contract may be made with, and such reimbursement may be made payable to, the City. Before the Agency commits to use the portion of taxes to be allocated and paid to the Agency pursuant to subdivision (b) of Section 33670 for the purpose of paying all or part of the value of the land for, and the cost of the installation and construction of, any publicly owned building, other than parking facilities, the City Council shall hold a public hearing in accord with the provisions of Section 33679 of the Health and Safety Code. d. [Section 325] Development Plans All development plans (whether public or private) shall be processed in the manner provided by applicable City and County codes as they are or as they may be amended from time to time. All development in the Merged Project Area must conform to City or County, as applicable, and Agency design review procedures, including any Design Guide adopted by the Agency pursuant to Section 420 hereof. 2. [Section 326] Personal Property Disposition For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property that is acquired by the Agency. [Section 327] 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 Merged Project. The Agency may seek the aid and cooperation of such public bodies and attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies that own or intend to acquire property in the Merged Project Area. Any public body that owns or leases property in the Merged Project Area will be afforded all the privileges of owner participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Merged Project Area by a public body shall be subject to Agency approval. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements (within or outside the Merged Project Area), which land, buildings, facilities, structures, or other improvements are of benefit to the Merged Project. 10 0 0 J. [Section 328] Rehabilitation. Conservation and Moving of Structures 1. [Section 329] Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Merged Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property in the Merged Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to add to the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Merged Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Merged Project Area. The extent of retention, conservation and rehabilitation in the Merged Project Area shall be subject to the following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plan; b. Rehabilitation and conservation activities on a structure must be carried out in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency, the City and the County. c. The expansion of public improvements, facilities and utilities. d. The assembly and development of areas in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in a constituent project area or the Merged Project Area. Within the Merged Project Area and as part of an agreement that provides for the development and rehabilitation of property that will be used for industrial or manufacturing purposes, the Agency may assist with the financing of facilities or capital equipment, including, but not necessarily limited to, pollution control devices. The Agency may also establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the Merged Project Area. The Agency shall not assist in the rehabilitation or conservation of properties which, in its opinion, are not economically and/or structurally feasible, or which do not further the purposes of this Plan. 2. [Section 330] Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved, any standard structure or building or any structure or building that can be rehabilitated to a location within or outside the Merged Project Area. K. [Section 331] Low or Moderate Income Housing 1. [Section 332] Authority Generally The Agency may, inside or outside the Merged Project Area, acquire land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. The Agency may also provide subsidies to, or for the benefit of, such persons and families or households to assist them in obtaining housing. The Agency may also sell, lease, grant, or donate real property owned or acquired by 11 0 0 the Agency to the housing authority that operates within the jurisdiction of the Agency or the County and may otherwise cooperate with the Housing Authority in carrying out the provisions of Section 335 hereinbelow. 2. [Section 333] Replacement Housing In accordance with Sections 33334.5 and 33413 of the Health and Safety Code, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency shall, within four years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs, as defined by Sections 50052.5 and 50053 of the Health and Safety Code, within the territorial jurisdiction of the Agency, in accordance with all of the provisions of Sections 33413 and 33413.5 of the Health and Safety Code. Seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units. [Section 334] Replacement Housing Plan Not less than thirty days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low and moderate income housing market, the Agency shall adopt by resolution a replacement housing plan. The replacement housing plan shall include: (1) the general location of housing to be rehabilitated, developed, or constructed pursuant to Section 33413 of the Health and Safety Code; (2) an adequate means of financing such rehabilitation, development, or construction; (3) a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained; (4) the number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, and (5) the timetable for meeting the plan's relocation, rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required by Section 33413 but for which no replacement housing plan has been prepared, shall not be destroyed or removed from the low and moderate income housing market until the Agency has by resolution adopted a replacement housing plan. Nothing in this section shall prevent the Agency from destroying or removing from the low and moderate income housing market a dwelling unit which the Agency owns and which is an immediate danger to health and safety. The Agency shall, as soon as practicable, adopt by resolution a replacement housing plan with respect to such dwelling unit. 4. [Section 3351 Increase, Improve and Preserve the Supply Subject to the provisions of subdivisions (a) and (b) of Section 33486 of the Health and Safety Code, not less than 20 percent of all taxes which are allocated to the Agency, pursuant to Section 33570 of the Health and Safety Code, shall be deposited by the Agency into the Low and Moderate Income Housing Fund established for the Merged Project pursuant to Section 33487 of the Health and Safety Code, which fund shall include any moneys previously deposited into or deficits previously incurred by the Low and Moderate Income Housing Funds for the Constituent Projects. The Agency shall use the moneys in such fund to assist in the construction or rehabilitation of housing units which will be available to, or occupied by, persons and families of low or moderate income, and very low income households, as defined in Health and Safety Code Sections 50093 and 50105, respectively, for the period specified in Section 33487(a) of the Health and Safety Code, as amplified by Health and Safety Code Section 33334.14(b). Such funds may additionally be used in the manner specified in Health and Safety Code Section 33334.14(b). For the purposes of this subsection, "construction and rehabilitation° shall include acquisition of land; improvements to land; the acquisition, rehabilitation or construction of structures; or 12 0 0 the provision of subsidies necessary to provide housing for persons and families of low or moderate income, and very low income households. The Agency may use the set aside funds inside or outside the Merged Project Area. However, the Agency may only use these funds outside the Merged Project Area upon a resolution of the Agency and the City Council that such use will be of benefit to the Merged Project. Such determination by the Agency and the City Council shall be final and conclusive as to the issue of benefit to the Merged Project Area. The expenditures or obligations incurred by the Agency pursuant to this subsection shall constitute an indebtedness of the Merged Project. If moneys deposited in the Merged Project Low and Moderate Income Housing Fund pursuant to this subsection have not been committed for the purposes specified above for a period of six years following deposit in that fund, the Agency shall offer such moneys to the housing authority which operates within the jurisdiction of the Agency for the purpose of constructing or rehabilitating housing as provided above. However, if no housing authority operates within the jurisdiction of the Agency, the Agency may retain such moneys for use pursuant to this subsection. If the Agency deposits less than 20 percent of taxes allocated pursuant to Section 33670 of the Health and Safety Code, due to the provisions of subdivisions (a) and (b) of Section 33486 of the Health and Safety Code, in any fiscal year, a deficit shall be created in the Merged Project Low and Moderate Income Housing Fund in an amount equal to the difference between 20 percent of the taxes allocated pursuant to Section 33670 of the Health and Safety Code and the amount deposited in such year. The deficit, if any, created pursuant to this section constitutes an indebtedness of the Merged Project. The Agency shall eliminate the deficit by expending taxes allocated in years subsequent to creation of the deficit and until such time as such deficit has been eliminated, the Agency shall not incur new obligations for purposes other than those set forth in Section 33487 of the Health and Safety Code except to comply with the terms of any resolution or other agreement pledging taxes allocated pursuant to Section 33670 of the Health and Safety Code which existed on the effective date of the ordinances approving and adopting this Amended and Restated Redevelopment Plan. 5. [Section 336] New or Rehabilitated Dwelling Units Developed Within Merged Project Area At least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency, if any, shall be available at affordable housing cost to persons and families of low or moderate income. Not less than fifty percent (50%) of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. At least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within each constituent project in the Merged Project Area by public or private entities or persons other than the Agency, if any, shall be available at affordable housing cost to persons and families of low or moderate income. Not less than forty percent (40%) of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing costs to very low income households. The Agency may satisfy the provisions of the above paragraphs, in whole or in part, by any of the methods described in Health and Safety Code Section 33413(b) or any other method permitted by law. The percentage requirements set forth in this Section 336 shall apply independently of the requirements of Section 333 and in the aggregate to housing made available pursuant to this Section 336 and not to each individual case of rehabilitation, development or construction of dwelling units, unless the Agency determines otherwise. By regulation or policy guideline adopted by the Agency from time to time, the Agency shall ensure compliance with the provisions of Health and Safety Code Section 33413 requiring that specified percentages of 13 0 0 all new or rehabilitated dwelling units developed in each constituent project within the Merged Project Area be available at. affordable housing cost to low and moderate income households (including very low income households). Such adopted Agency regulations and/or policy guidelines shall be applicable and enforceable under this Plan with respect to parcels developed with new or rehabilitated structures in the Merged Project Area regardless of whether such parcels are developed with Agency assistance or participation. If all or any portion of a constituent project within the Merged Project Area is developed with low or moderate income housing units, the Agency shall require by contract or other appropriate means that such housing be made available for rent or purchase to the persons and families of low and moderate Income displaced by the constituent project. Such persons and families shall be given priority in renting or buying such housing; provided, however, failure to give such priority shall not affect the validity of title to real property. 6. [Section 337] Duration of Dwellinq Unit Availability and Agency Monitoring The Agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, constructed, or price -restricted pursuant to Sections 333 and 336 shall remain available at affordable housing cost to persons and families of low income, moderate income and very low income households, respectively, for the longest feasible time, as determined by the Agency, but for not less than the periods set forth in Section 800 for the durations of this Plan's land use controls applicable to the Constituent Projects, except to the extent a longer or shorter period of time is permitted or required by other provisions of the law. Pursuant to Section 33418 of the Health and Safety Code, the Agency shall monitor, on an ongoing basis, any housing affordable to persons and families of low or moderate income developed or otherwise made available pursuant to the Health and Safety Code. As part of this monitoring, the Agency shall require owners or managers of the housing to submit an annual report to the Agency. The annual reports shall include for each rental unit the rental rate and the income and family size of the occupants, and for each owner -occupied unit whether there was a change in ownership from the prior year and, if so, the income and family size of the new owners. The income information required by this section shall be supplied by the tenant in a certified statement on a form provided by the Agency. L. (Section 3381 Implementation Plans In accord with the provisions of Section 33490 of the Health and Safety Code, on December_. 1994, the Agency adopted an implementation plan for each of the Constituent Projects and one other project area in the City of Azusa (Ranch Center). Commencing with the fifth year after the first implementation plan was adopted, and each five years thereafter, the Agency shall adopt, after a public hearing, succeeding implementation plans that shall contain the specific goals and objectives of the Agency for the Constituent Projects and the overall Merged Project, the specific programs, including potential projects, and estimated expenditures proposed to the made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the Merged Project Area and implement the requirements of Sections 33334.2, 33334.4, 33334.6 and 33413 of the Health and Safety Code. The implementation plan adopted by the Agency on December _, 1994, constitutes the first implementation plan for the Constituent Projects, the Merged Project and the Ranch Center Project. On 2000, the Agency adopted the second implementation plan for these redevelopment projects. The parts of future implementation plans that address Sections 33334.2, 33334.4, 33334.6 and 33413 of the Health and Safety Code shall be adopted every five years either in conjunction with the General Plan Housing Element cycle or the implementation plan cycle. The Agency may amend any implementation plan after conducting a public hearing on the proposed amendment. At least once within the five-year term of each implementation plan adopted by the Agency, no earlier than two years and no later than three years after adoption of each plan, the Agency shall conduct a public hearing and hear testimony of all interested parties for the purpose of reviewing its redevelopment plans and the implementation plan and evaluating the progress of its projects. 14 0 0 IV. [Section 4001 LAND USES AND DEVELOPMENT REQUIREMENTS A. [Section 4011 Redevelopment Plan Map and Major Merged Project Area Land Uses The Redevelopment Plan Map attached hereto illustrates the location of each constituent project area and Merged Project Area boundaries, identifies the major streets within each constituent project area and the Merged Project Area, and designates the major land uses authorized within each constituent project within the Merged Project Area by the current City and County General Plans ("General Plans"). The City and County will from time to time update and revise their respective General Plans. It is the intention of this Redevelopment Plan that the major and other land uses to be permitted within each constituent project within the Merged Project Area shall be as provided within the City and County General Plans, as they currently exist or as they may from time to time be amended, and as implemented and applied by ordinances, resolutions and other laws. The major land uses authorized within each constituent project within the Merged Project Area by the General Plans are described below. Other uses may be authorized from time to time by General Plan amendments. B. [Section 4021 Major Land Uses Major land uses permitted within each constituent project within the Merged Project Area are shown. on Redevelopment Plan Map Exhibits "A-1," "A-2," and "A-3" attached to this Plan. Such uses shall include: Central Business District Redevelopment Proiect (Map "A-1") Low Density Residential Medium Density Residential High Density Residential Rural Density Residential Community Commercial General Commercial Central Business District Conservation _Central Business District Redevelopment Proiect Eighth Amendment Area (Map "A-2") Low Density Residential Medium Density Residential High Density Residential Community Commercial General Commercial Central Business District Commercial West End Redevelopment Project (Map "A-3") Light Industrial Heavy Industrial Specific Plan Community Facilities Conservation The areas shown on the Redevelopment Plan Map for the foregoing uses may be used for any of the various kinds of uses specified for or permitted within such areas by the General Plans and ordinances, resolutions and other laws. 15 0 0 C. [Section 403] Other Land Uses [Section 4041 Public Rights of Way Major public streets within the Merged Project Area are as shown on Redevelopment Plan Map, Exhibits A-1," "A-2," and "A-3" attached to this Plan. Major public streets include: Central Business District Redevelopment Project (Map "A-1") Alameda Avenue Azusa Avenue Eleventh Street Foothill Boulevard Fifth Street First Street Gladstone Street Ninth Street Rockvale Avenue San Gabriel Avenue San Gabriel Canyon Road Soldano Avenue Tenth Street Vernon Avenue Central Business District Redevelopment Prosect Eighth Amendment Area (Map "A-2") Alosta Avenue Arrow Highway Azusa Avenue Citrus Avenue Eighth Street Fifth Street Foothill Boulevard Lime Street Ninth Street Pasadena Avenue San Gabriel Avenue Sixth Street West End Redevelopment Project (Map "A-3") Fifth Street Fish Canyon Road First Street Foothill Boulevard Irwindale Avenue Third Street Todd Avenue Additional public streets, alleys and easements may be created in the Merged Project Area as needed for proper use and/or development. Existing streets and alleys may be abandoned, closed or modified as necessary for proper use and/or development. It is anticipated that Merged Project development may entail vacation and/or realignment of certain streets, alleys, and other rights-of-way. Any changes in the existing street layout shall be in accord with the General Plans, the objectives of this Plan, and the City's and County'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 similar needs of existing developments proposed or potentially proposed to remain. Such balancing shall take into consideration the rights of existing owners under the participation and preferences rules adopted by the Agency for the appropriate constituent project or the Merged Project, and any participation agreements executed thereunder, 16 0 0 2. The requirements imposed by such factors as topography, traffic safety and aesthetics; 3. The potential need to serve not only the Merged Project Area and new or existing developments, but to also serve areas outside the Merged Project Area by providing convenient, efficient vehicular access and movement; and 4. The potential need or desire to accommodate the facilities and/or equipment of mass transportation modes. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained, amended or created. 2. [Section 405] Other Public, Semi -Public. Institutional, and Non -Profit Uses In any area the Agency is authorized to permit the maintenance, establishment or enlargement of public, semi-public, institutional, or non-profit uses, including park and recreational facilities, libraries, educational, fraternal, employee, philanthropic, religious and charitable institutions, utilities, railroad rights-of-way, and facilities of other similar associations or organizations. All such uses shall conform so far as possible to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable restrictions as are necessary to protect the development and uses in the Merged Project Area. D. [Section 406] Conforming Properties The Agency may, at its sole and absolute discretion, determine that certain real properties within either constituent project area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without a participation agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. A certificate of conformance to this effect may be issued by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the constituent project area. E. [Section 407] Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Merged Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use shall conform to all applicable City and County codes. F. [Section 408] Nonconforming Uses The Agency is authorized to permit an existing use to remain in an existing building in good condition, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the constituent project area in which it is located, and abatement of such uses is not required by applicable City or County codes. The owner of such a property may be required to enter into a participation agreement, to record a covenant of restrictions against the property, and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and uses in the constituent project area. The Agency may authorize additions, alterations, repairs or other improvements in a constituent project area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the constituent project area where, in the determination of the Agency, such improvements would be 17 0 0 compatible with surrounding and constituent project area uses and development and are permitted under applicable City or County codes. G. [Section 409] General Controls and Limitations All real property in the Merged Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the effective date of the ordinance adopting this Plan, except in conformance with the provisions of this Plan. [Section 410] Construction All construction in the Merged Project Area shall comply with all applicable federal, state and local laws which are in effect at the time of the construction is undertaken, and as may be amended from time to time. In addition to applicable codes, ordinances, or other requirements governing development in the Merged Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities within a constituent project area or the Merged Project Area, including property rehabilitation standards adopted pursuant to Section 329 hereof, and one or more Design Guides adopted pursuant to Section 420 hereof. 2. [Section 411] Limitation on the Number of Buildings The approximate number of buildings in the constituent project areas shall not exceed the maximum numbers allowed under the densities permitted under the applicable City General Plan or County General Plan, as implemented and applied by local codes and ordinances. [Section 412] Number of Dwelling Units The number of dwelling units in the constituent project areas shall not exceed the maximum numbers allowed under the densities permitted under the applicable City General Plan or County General Plan, as implemented and applied by local codes and ordinances. 4. [Section 413] Limitations on Type Size and Height of Buildings Except as set forth in other sections of this Pian, the type, size, and height of buildings shall be as limited by the applicable federal, state and local statutes and ordinances. 5. [Section 414] Open Spaces, Landscaping Light Air and Privacy The approximate amount of open space to be provided in the Merged Project Area is the total of all area that will be in the public rights-of-way, the public grounds, spaces around buildings, and all other outdoor areas not permitted to be covered by buildings. Landscaping plans shall be submitted to the Agency for review and approval to ensure that landscaping be developed to ensure optimum use of living plant material in the Merged Project Area. In all areas, sufficient space shall be maintained between buildings to provide adequate light, air and privacy. 6. [Section 415] SI ns All signs shall conform to City or County requirements as applicable. Design of all proposed new signs shall be submitted prior to installation to the Agency and/or City or County for review and approval pursuant to the procedures permitted by this Plan. 18 0 10 [Section 416] Utilities The Agency shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. [Section 417] Incompatible Uses No use or structure that in the Agency's opinion would, by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors, be incompatible with the surrounding areas or structures shall be permitted in any part of the Merged Project Area. 9. [Section 4181 Subdivision of Parcels No parcels in the Merged Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the appropriate City or County body, as applicable and, if necessary for purposes of this Plan, the Agency. 10. [Section 419] Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine that, a. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property that do not apply generally to other properties having the same standards, restrictions, and controls. C. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of the Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. Any such variation permitted by the Agency hereunder shall not supersede any other approval required under applicable City or County codes and ordinances. H. [Section 420] Design Guide Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design and sign criteria, traffic circulation, traffic access, parking, and other development and design controls necessary for proper development and use of both private and public areas within any constituent project in the Merged Project Area. These may be established by the approval of specific developments, by the adoption of general restrictions and controls by resolution of the Agency, or by the adoption of one or more Design Guides pursuant to this Section. No new improvement shall be constructed and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with architectural, landscape, and site plans submitted to and approved in writing by the Agency unless allowed pursuant to the procedures of Section 421 hereof. 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 19 0 0 and architectural quality of the affected constituent project area. The Agency shall not approve any plans that do not comply with this Plan. [Section 421] Building Permits No permit shall be issued for the construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Merged Project Area from the date of adoption of this Plan until the application for such permit has been processed in the manner consistent with all applicable City or County requirements. Any permit that is issued hereunder must be in conformance with the provisions of this Plan, any Design Guide adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreement. The Agency is authorized to establish permit procedures and approvals in addition to those set forth above where required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City or County, as applicable, and the Agency at the time of application. 20 0 0 V. [Section 500] METHOD OF FINANCING THE MERGED PROJECT A. [Section 501] General Description of the Proposed Financing Method The Agency is authorized to finance the Merged Project with tax increment funds; interest income; Agency bonds, donations; loans from private financial institutions; the lease or sale of Agency -owned property; owner participant or developer loans; use or transient occupancy taxes; participation in development; or with financial assistance from the City, County, State of California, the federal government, or any other available source, public or private. The Agency is also authorized to obtain advances, borrow funds, issue bonds, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increments or any other funds available to the Agency. The City, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in-kind assistance. The City or any other public agency may expend money to assist the Agency in carrying out the Merged Project. As available, gas tax funds or other legally available funds from the state and county may be used for street improvements and public transit facilities. All or a portion of the parking may be installed through a parking authority or other public or private entities. Any other loans, grants, guarantees, or financial assistance from the United States, the State of California, or any other public or private source will be utilized if available as appropriate in carrying out the Merged Project. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. Tax increment financing, as authorized by Section 502 of this Plan, is intended as a source of financing in combination with other sources of financing that may be available for specific Merged Project activities. B. [Section 502] Tax Increment Funds All taxes levied upon taxable property within the Constituent Projects within the Merged Project Area each year, by or for the benefit of the State of California, the County of Los Angeles, the City of Azusa, any district or any other public corporation (hereinafter sometimes called "taxing agencies") after the effective dates of the ordinances approving the redevelopment plans for the Constituent Projects and any amendments adding territory thereto, shall be 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 within a constituent project area in the Merged Project Area 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 the applicable constituent project area's adoption ordinance, shall be allocated to and when collected shall be paid to the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of a constituent project within the Merged Project on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County of Los Angeles last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in that constituent project area on said effective date); and 2. Except as provided in subdivisions 3 and 4 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 a special fund of the Agency to pay the principal of and interest on bonds, loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Merged Project. Unless and until the total assessed valuation of the taxable property within a constituent project area in the Merged Project Area exceeds the total assessed value of the taxable property in that constituent project area as shown by the last equalized assessment roll referred to in subdivision 1 hereof, all of the taxes levied and collected upon the taxable property in that constituent project area 21 0 0 shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in that constituent project area shall be paid to the respective taxing agencies as taxes on all other property are paid. 3. Any taxes allocated to the Agency from a constituent project area within the Merged Project Area shall be first used to comply with the terms of any bond resolution or other agreement pledging such taxes from that constituent project area if such indebtedness had been incurred by the Agency on account of such constituent project area prior to the constituent project's merger into the Merged Project. 4. That portion of the taxes in excess of the amount identified in subdivision 1 hereof which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayment of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to and when collected shall be paid into, the fund of that taxing agency. This subdivision 4 shall only apply to taxes levied to repay bonded indebtedness approved by the voters of the taxing agency on or after January 1, 1969. The portion of taxes mentioned in subdivision 2 above as being allocated and paid to the Agency is hereby irrevocably pledged for the payment of the principal of and interest on the advance of moneys, or making of loans, or the incurring of any indebtedness (whether funded, refunded, assumed or otherwise) by the Agency to finance or refinance the Merged Project, in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Merged Project, subject to the limitations on allocation of taxes, debt creation, and bonded indebtedness contained in the Health and Safety Code and other applicable laws. The portion of taxes divided and allocated to the Agency from the Constituent Projects pursuant to subdivision 2 above shall not exceed a cumulative total of $ million except by amendment of this Plan. This limit shall not apply to, include or prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code, or any amounts required to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code. C. [Section 503] Agency Bonds The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do so, in order to finance all or any part of the Merged Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, the State, or any of its political subdivisions and neither the City, the State, nor any of its political subdivisions is liable on them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of Merged Project Area bonded indebtedness to be repaid in whole or part from the allocation of taxes described in subdivision 2 of Section 502 above which can be outstanding at any one time shall not exceed $ million in principal amount, except by amendment of this Plan. This limit, however, shall not prevent the Agency from issuing additional bonds in order to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code. D. [Section 504] Time Limits on Establishment of Indebtedness The Agency shall not establish or incur loans, advances, or indebtedness to finance in whole or in part the Merged Project beyond the following dates for the areas indicated: 22 0 0 1. For loans, advances or indebtedness to be repaid from any tax increment revenues received from the original Central Business District Redevelopment Project Area and areas added by the first through fourth amendments to the project's redevelopment plan: January 1, 2014, and from the area added by fifth amendment: December 17, 2014; and 2. For loans, advances or indebtedness to be repaid from any tax revenues received from the areas added to the Central Business District Redevelopment Project by the eighth amendment to the project's redevelopment plan: 20 years from the effective date of the ordinance approving and adopting the eighth amendment; and 3. For loans, advances, or indebtedness to be repaid from any tax increment revenues received from the West End Redevelopment Project Area: January 1, 2014. Loans, advances, or indebtedness may be repaid over a period of fime beyond said time limits. These limits, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code and Section 335 of this Plan, or establishing more debt in order to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code and Sections 333 or 336 of this Plan. These limits shall not prevent the Agency 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 limits contained in Section 506. E. [Section 5051 Statutory Payments to Affected Taxing Entities To the extent applicable, and in the amounts and manner provided therein, the Agency shall annually pay to Merged Project Area affected taxing entities the payments required by Sections 33607.5 and 33607.7 of the Health and Safety Code. F. [Section 506] Time Limits on Receipt of Tax Increment The Agency may not receive and shall not repay indebtedness with the proceeds from property taxes received pursuant to Section 33670 of the Health and Safety Code and Section 502 of this Plan beyond the following dates for the areas indicated, except to repay debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Community Redevelopment Law and Section 335 of this Plan, or debt established in order to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code and Sections 333 and 336 of this Plan: 1. For indebtedness to be repaid from any tax increment revenues received from the original Central Business District Redevelopment Project Area: September 18, 2028; and 2. For indebtedness to be repaid from any tax increment revenues received from the areas added by the first amendment to the project's redevelopment plan: July 2, 2029; and 3. For indebtedness to be repaid from any tax increment revenues received from the areas added by the second amendment to the project's redevelopment plan: July 20, 2031; and 4. For indebtedness to be repaid from any tax increment revenues received from the areas added by the third amendment to the project's redevelopment plan: November 28, 2033; and 5. For indebtedness to be repaid from any tax increment revenues received from the area added by the fifth amendment to the project's redevelopment plan: December 17, 2034; and 6. For indebtedness to be repaid from any tax increment revenues received from the areas added by the eighth amendment to the project's redevelopment plan: 10 years following the expiration of the duration of this Plan's effectiveness applicable to this said areas, as provided in Section 800 to this Plan; and 7. For indebtedness to be repaid from any tax increment revenues received from the West End Redevelopment Project Area: November 28, 2033. 23 0 0 VI. [Section 600] ACTIONS BY THE CITY AND COUNTY The City and County shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Pian and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City and County may include, but are not limited to, the following: Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Merged Project Area. Such action by the City or County shall include the requirement of abandonment, removal, and relocation by the public utility companies of their operations in public rights-of-way as appropriate to cant' out this Plan, provided that nothing in this Plan shall be construed to require the cost of such abandonment, removal, and relocation be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements in private and publicly -owned public utilities within or affecting the Merged Project Area. 3. Revision of the Zoning Ordinances or adoption of specific plans as appropriate within the Merged Project Area to permit the land uses and development authorized by this Plan. 4. Imposition wherever necessary (by covenants or restrictions, conditional use permits or other means) of appropriate controls within the limits of this Plan upon parcels in the Merged Project Area to ensure their proper development and use. 5. Execution of statutory development agreements where necessary and appropriate to facilitate developments approved by the Agency. 6. Provision for administrative enforcement of this Plan by the City or County after development. 7. Performance of the above actions, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Merged Project Area to be commenced and carried to completion without unnecessary delays. 8. Provision of services and facilities and the various officials, offices and departments of the City for the Agency's purposes under this Plan. 9. Provision of financial assistance in accordance with Section 500 of this Plan. 10. The undertaking and completing of any other proceedings necessary to carry out the Merged Project. The foregoing actions to be taken by the City and County may involve financial outlays by the City and County, but do not constitute a commitment to make such outlays. 24 0 0 VII. [Section 700] ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency 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 Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions, or any other remedies appropriate to the purposes of this Plah. In addition, any recorded provisions which are expressly for the benefit of owners of property in a constituent project within the Merged Project Area may be enforced by such owners. VIII. [Section 800] DURATIONS OF THIS PLAN'S EFFECTIVENESS Except for the non-discrimination and non -segregation provisions imposed by the Agency which shall run in perpetuity, and the affordable housing covenants imposed by the Agency which shall continue in effect for a period as may be determined and specified by the Agency, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective for the time periods indicated below; provided, however, that, subject to the limitations and exceptions thereto set forth in Sections 504 and 506 of this Plan, the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the termination dates below, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations until the dates of retirement of such bonds or other obligations. The provisions of this Plan shall be effective: 1. For the original Central Business District Redevelopment Project Area: September 18, 2018, and 2. For the area added by the first amendment to the project's redevelopment plan: July 2, 2019; and 3. For the area added by the second amendment to the project's redevelopment plan: July 20, 2021; and 4. For the area added by the third amendment to the project's redevelopment plan: November 28, 2023; and 5. For the area added by the fifth amendment to the project's redevelopment plan: December 17, 2024; and 6. For the areas added by the eighth amendment to the project's redevelopment plan: until 30 years following the effective date of ordinance approving and adopting the eighth amendment; and 7. For the West End Redevelopment Project Area: November 28, 2083. Ilk [Section 900] PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in the Health and Safety Code, or by any other procedure hereafter established by law. X. [Section 1000] SEVERABILITY If any provision, section, subsection, subdivision, sentence, clause or phrase of this Plan is for any reason held to be invalid, unenforceable, or unconstitutional, such decision shall not affect the validity and effectiveness of the remaining portion or portions of the Plan. In the event that any portion of any constituent project area within the Merged Project Area shall be determined to have been invalidly or incorrectly included in the constituent project area that is the subject of this Plan, such portion of the constituent project area shall be deemed severable from the remainder of the constituent project area which shall remain fully subject to the provisions of this Plan. 25 0 EXHIBITS "A-1," "A-2," and "A-3" REDEVELOPMENT PLAN MAP Exhibit "A-1" Central Business District Redevelopment Project Area (Including Areas Nos. 4 through 19 Added by Amendment Nos. 1, 2, 3, and 5), Boundaries and Land Uses Exhibit "A-2" Central Business District Redevelopment Project Eighth Amendment Areas (Eighth Amendment Area Nos.1 through 15) Boundaries and Land Uses Exhibit "A-3" West End Project Area Boundary and Land Uses 0 0 Exhibit "A-1" REDEVELOPMENT PLAN MAP Central Business District Redevelopment Project (Including Area Nos. 4 through 19 Added by Amendment Nos. 1, 2, 3, and 5) Exhibit "A-3" REDEVELOPMENT PLAN MAP West End Redevelopment Project Area 0 0 Exhibit "A-2" REDEVELOPMENT PLAN MAP Central Business District Project Eighth Amendment Areas (Eighth Amendment Area Nos. 1 through 15) 0 0 EXHIBITS "B-1," "B-2," and "B-3" LEGAL DESCRIPTION OF MERGED PROJECT AREA Exhibit "B-1" Central Business District Redevelopment Project Area (including Areas Added by Amendment Nos. 1, 2, 3, and 5) Exhibit "B-2" Central Business District Project Eighth Amendment Areas Exhibit "B-3" West End Redevelopment Project Area 0 0 LEGAL DESCRIPTION OF MERGED PROJECT AREA Exhibit "B-1" Central Business District Redevelopment Project Area (Including Areas Added by Amendment Nos. 1, 2, 3, and 5) 0 0 LEGAL DESCRIPTION OF MERGED PROJECT AREA Exhibit "B-2" Central Business District Project Eighth Amendment Areas N • LEGAL DESCRIPTION OF MERGED PROJECT AREA Exhibit "B-3" West End Redevelopment Project Area 0 0 EXHIBIT "C" Merged Central Business District and West End Redevelopment Projects PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS CENTRAL BUSINESS DISTRICT PROJECT Central Business District Redevelopment Project Area (Including areas added by Amendment Nos. 1, 2, 3, and 5) • Construction of garage structures, public kiosks, and pedestrian plazas • Street and streetscape improvements, including street widening, traffic and street lights, street furniture, sidewalks, landscaping and trees, kiosks and similar structures • Construction and installation storm drain and sewer systems, gas delivery systems, electrical systems, and communication systems Eighth Amendment Areas • Installation and construction of bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, parks, plazas, playgrounds, telephone systems, motor vehicle parking facilities, and landscaped areas WEST END REDEVELOPMENT PROJECT • Widening and reconstruction of the following streets: Ninth Street, Vernon Avenue to Angeleno Avenue Eighth Street, Coney Avenue/Miller Avenue to Vernon Avenue Industrial Street, Coney Avenue/Miller Avenue to Vernon Avenue Frontage Road, north of Foothill Boulevard, east of McKeever Avenue Aerojet Avenue, south of Optical Drive • Storm drain construction on the following streets: Fifth Street, west of Virginia Avenue Foothill Boulevard, west of Todd Avenue Todd Avenue, north of Foothill Boulevard Corey Avenue, north of Foothill Boulevard to Tenth Street • Construction of pedestrian walkways, bikeways, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, water distribution systems, parks, plazas, and playgrounds, as necessary throughout the Project Area Note: This list of public improvements and facilities is for planning purposes, and shall not be deemed a limitation on the Redevelopment Agency's authority to implement this Redevelopment Plan.