HomeMy WebLinkAboutOrdinances - No. 1713ORDINANCE NO. 1713
WHEREAS, the City Council of the City of Lodi (the ‘‘City Council”) has received from the
Redevelopment Agency of the City of Lodi (the “Agency”) the proposed Redevelopment Plan
(the “Redevelopment Plan”) for the Lodi Redevelopment Project (the “Project”), as approved
and recommended by the Agency, a copy of which is on file at the office of the Agency at 221
West Pine Street, Lodi, California, and at the office of the City Clerk at 221 West Pine Street,
Lodi, California, together with the Report of the Agency to the City Council on the proposed
Redevelopment Plan, including: (1) the reasons for selection of the Project Area; (2) a
description of the physical and economic conditions existing in the Project Area; (3) a
description of specific projects proposed by the Agency in the Project Area and an explanation
as to how the proposed projects will improve or alleviate the conditions existing in the Project
Area; (4) the proposed method of financing redevelopment of the Project Area, including an
assessment of the economic feasibility of the Project and an explanation of why the elimination
of blight and redevelopment of the Project Area cannot be accomplished by private enterprise
acting alone or by the City Council’s use of financing alternatives other than tax increment
financing; (5) a plan for the relocation of families and persons who may be temporarily or
permanently displaced from housing facilities as a result of the Redevelopment Plan; (6) an
analysis of the Preliminary Plan for the Project; (7) the Report and Recommendations of the
Planning Commission of the City of Lodi (the “Planning Commission”); (8) a record of the
summary of consultations with the Project Area Committee; (9) the Final Environmental Impact
Report; (10) a neighborhood impact report; (I 1) a summary of consultations with affected taxing
agencies and responses to written objections and concerns expressed by affected taxing
agencies during the consultations; and (1 2) an Implementation Plan; and
WHEREAS, the Planning Commission has reported that the Redevelopment Plan is
consistent with the General Plan of the City of Lodi and has recommended approval of the
Redevelopment Plan; and
WHEREAS, the Project Area Committee (“PAC”) for the Project has submitted its report
and recommendations concerning the Redevelopment Plan, and has recommended approval of
the Redevelopment Plan; and
WHEREAS, the Agency prepared and circulated a Draft Environmental Impact Report
(the “Draft EIR”) on the Redevelopment Plan in accordance with the California Environmental
Quality Act (Public Resources Code Section 21 000 et seq.), the Guidelines for Implementation
of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and
environmental procedures adopted by the Agency pursuant thereto, and the Draft EIR was
thereafter revised and supplemented to incorporate comments received and responses thereto,
and, as so revised and supplemented, a Final Environmental Impact Report (the “Final ElR)
was prepared and certified by the Agency; and
WHEREAS, the Agency and the City Council have reviewed and considered the Final
EIR on the Redevelopment Plan and have each adopted a Statement of Findings, Facts, and
Overriding Considerations applicable to the environmental impacts identified in the Final EIR;
and
WHEREAS, the City Council and the Agency held a joint public hearing in the City
Council Chambers, 221 West Pine Street, Lodi, California, on June 19, 2002, to consider
adoption of the Redevelopment Plan and certification of the Final EIR on the Redevelopment
Plan; and
WHEREAS, a notice of said hearing was duly and regularly published in the Lodi News
Sentinel, a newspaper of general circulation in the City of Lodi, once a week for four successive
weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are
on file with the City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing and a statement concerning
acquisition of property by the Agency were mailed by first-class mail to the last known address
of each assessee of each parcel of land in the proposed Project Area as shown on the last
equalized assessment roll of the County of San Joaquin; and
WHEREAS, copies of the notice of joint public hearing were mailed by first-class mail to
all residential and business occupants within the proposed Project Area; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with
return receipt requested to the governing body of each taxing agency which receives taxes from
property in the Project Area; and
WHEREAS, the City Council has considered the Report of the Agency, the Report and
Recommendations of the Planning Commission, the Report and Recommendations of the PAC,
the Redevelopment Plan, and the Final EIR; has provided an opportunity for all persons to be
heard and has received and considered all evidence and testimony presented for or against any
and all aspects of the Redevelopment Plan; and has adopted written findings in response to
each written objection to the Redevelopment Plan from an affected taxing entity or property
owner; and
WHEREAS, all actions required by law have been taken by all appropriate public bodies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODl DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. That the purpose and intent of the City Council with respect to the Project
Area is to accomplish the following: (a) the elimination of blighting influences and the correction
of environmental deficiencies in the Project Area, including, among others, buildings in which it
is unsafe or unhealthy for persons to live or work, small and irregular lots, faulty exterior
spacing, obsolete and aged building types, mixed character or shifting uses or vacancies,
incompatible and uneconomic land uses, substandard alleys, and inadequate or deteriorated
public improvements, facilities, and utilities; (b) the assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and vehicular circulation in the
Project Area; (c) the replanning, redesign, and development of portions of the Project Area
which are stagnant or improperly utilized; (d) the provision of opportunities for participation by
owners and tenants in the revitalization of their properties; (e) the strengthening of retail and
other commercial functions in the Project Area; (9 the strengthening of the economic base of the
Project Area and the community by the installation of needed site improvements to stimulate
new residential, commercial, and light industrial expansion, employment, and social and
economic growth; (9) the expansion of employment opportunities; (h) the expansion,
improvement, and preservation of the community’s supply of housing available to low- and
moderate-income persons and families; and (i) the 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.
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Section 2. The City Council hereby finds and determines that:
(a) The Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based
upon the following facts, as more particularly set forth in the Report of the Agency to the City
Council:
(1) The Project Area is predominantly urbanized.
(2) The Project Area is characterized by and suffers from a
combination of blighting physical and economic conditions, including, among others: buildings
that are deteriorated and dilapidated; buildings suffering from defects in design or physical
construction; buildings with serious building code violations; buildings which are defective in
design and have faulty or inadequate utilities; buildings which are substandard in design;
incompatible uses; lots of irregular form and shape and of inadequate size for proper usefulness
which are under multiple ownership; depreciated or stagnant property values and impaired
investments; low lease rates; vacant and underutilized parcels; residential overcrowding; a high
crime rate; and inadequate public improvements, parking, and utilities.
(3) The combination of the conditions referred to in paragraph (2)
above is so prevalent and so substantial that it causes a reduction of, or lack of, proper
utilization of the Project Area to such an extent that it constitutes a serious physical and
economic burden on the City which cannot reasonably be expected to be reversed or alleviated
by private enterprise or governmental action, or both, without redevelopment.
(b) The Redevelopment Plan will redevelop the Project Area in conformity
with the Community Redevelopment Law and in the interests of the public peace, health, safety,
and welfare. This finding is based upon the fact that redevelopment of the Project Area will
implement the objectives of the Community Redevelopment Law by: aiding in the elimination
and correction of the conditions of blight; providing for planning, development, redesign,
clearance, reconstruction, or rehabilitation of properties which need improvement; improving,
increasing, and preserving the supply of low- and moderate-income housing within the
community; providing additional employment opportunities; and providing for higher economic
utilization of potentially useful land.
(c) The adoption and carrying out of the Redevelopment Plan is economically
sound and feasible. This finding is based on the facts, as more particularly set forth in the
Report of the Agency to the City Council, that under the Redevelopment Plan the Agency will be
authorized to seek and utilize a variety of potential financing resources, including tax
increments; that the nature and timing of public redevelopment assistance will depend on the
amount and availability of such financing resources, including tax increments generated by new
investment in the Project Area; and that under the Redevelopment Plan no public
redevelopment activity will be undertaken unless the Agency can demonstrate that it has
adequate revenue to finance the activity.
(d) The Redevelopment Plan is consistent with the General Plan of the City
of Lodi, including, but not limited to, the housing element, which substantially complies with
state housing law. This finding is based upon the finding of the Planning Commission that the
Redevelopment Plan is consistent with the General Plan of the City of Lodi.
(e) The carrying out of the Redevelopment Plan would promote the public
peace, health, safety, and welfare of the City of Lodi and will effectuate the purposes and policy
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of the Community Redevelopment Law. This finding is based upon the fact that redevelopment,
as contemplated by the Redevelopment Plan, will benefit the Project Area by correcting
conditions of blight and by coordinating public and private actions to stimulate development and
improve the physical and economic conditions of the Project Area.
(f) The condemnation of real property, as provided for in the Redevelopment
Plan, is necessary to the execution of the Redevelopment Plan, and adequate provisions have
been made for the payment for property to be acquired as provided by law. This finding is
based upon the need to ensure that the provisions of the Redevelopment Plan will be carried
out and to prevent the recurrence of blight.
(9) The Agency has a feasible method and plan for the relocation of families
and persons who may be displaced, temporarily or permanently, from housing facilities in the
Project Area. This finding is based upon the fact that the Agency's plan for relocation, as
contained in the Report of the Agency to the City Council, and the Redevelopment Plan provide
for relocation assistance and benefits according to law and authorize the Agency to provide
other assistance as determined to be appropriate under the circumstances.
(h) There are, or shall be provided, within the Project Area or within other
areas not generally less desirable with regard to public utilities and public and commercial
facilities and at rents or prices within the financial means of the families and persons who may
be displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the
number of and available to such displaced families and persons and reasonably accessible to
their places of employment. This finding is based upon the fact that in the event any residential
displacement is caused by the Redevelopment Plan, no person or family will be required to
move from any dwelling unit until suitable replacement housing is available.
(i) Families and persons shall not be displaced prior to the adoption of a
relocation plan pursuant to Sections 3341 1 and 3341 1. 'I of the Community Redevelopment
Law; and dwelling units housing persons and families of low or moderate income within the
Project Area shall not be removed or destroyed prior to the adoption of a replacement housing
plan pursuant to Sections 33334.5, 3341 3, and 3341 3.5 of the Community Redevelopment Law.
(j) Inclusion of any lands, buildings, or improvements in the Project Area
which are not detrimental to the public health, safety, or welfare is necessary for the effective
redevelopment of the entire area of which they are a part; and any area included is necessary
for effective redevelopment and is not included for the purpose of obtaining the allocation of tax
increment revenues from such area pursuant to Section 33670 of the Community
Redevelopment Law without other substantial justification for its inclusion. This finding is based
upon the fact that the boundaries of the Project Area were chosen as a unified and consistent
whole to include all properties contributing to or affected by the blighting conditions
characterizing the Project Area.
(k) The elimination of blight and the redevelopment of the Project Area could
not reasonably be expected to be accomplished by private enterprise acting alone without the
aid and assistance of the Agency. This finding is based upon the facts, as more particularly set
forth in the Report of the Agency to the City Council, that because of the higher costs and more
significant risks associated with development of blighted areas, individual developers are unable
and unwilling to invest in blighted areas without substantial public assistance and that funds of
other public sources and programs are insufficient to eliminate the blighting conditions.
(I) The Project Area is a predominantly urbanized area as defined by
subdivision (b) of Section 33320.1. This finding is based upon the facts, as more particularly set
forth in the Report of the Agency to the City Council, that approximately 99.7 percent of the land
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in the Project Area has been or is developed for urban uses and approximately 0.3 percent of
the land in the Project Area is an integral part of an area developed for urban uses.
(m) The time limitations in the Redevelopment Plan, which are the maximum
time limitations authorized under the Community Redevelopment Law, are reasonably related to
the proposed projects to be implemented in the Project Area and the ability of the Agency to
eliminate blight within the Project Area. This finding is based upon the facts that redevelopment
depends, in large part, upon private market forces beyond the control of the Agency and shorter
time limitations would impair the Agency’s ability to be flexible and respond to market conditions
as and when appropriate and would impair the Agency’s ability to maintain development
standards and controls over a period of time sufficient to assure area stabilization. In addition,
shorter time limitations would limit the revenue sources and financing capacity necessary to
carry out proposed projects in the Project Area.
Section 3. The Council is satisfied that permanent housing facilities will be available
within three (3) years from the time occupants of the Project Area are displaced and that,
pending the development of the facilities, there will be available to the displaced occupants
adequate temporary housing facilities at rents comparable to those in the community at the time
of their displacement.
Section 4. In order to implement and facilitate the effectuation of the Redevelopment
Plan, certain official actions must be taken by the City Council; accordingly, the City Council
hereby: (a) pledges its cooperation in helping to carry out the Redevelopment Plan; (b) directs
the various officials, departments, boards, and agencies of the City of Lodi having administrative
responsibilities in the Project Area likewise to cooperate to such end and to exercise their
respective functions and powers in a manner consistent with the Redevelopment Plan; (c)
stands ready to consider and take appropriate action on proposals and measures designed to
effectuate the Redevelopment Plan; and (d) declares its intention to undertake and complete
any proceeding, including the expenditure of moneys, necessary to be carried out by the City
under the provisions of the Redevelopment Plan.
Section 5. The Council is satisfied that written findings have been adopted in response
to each written objection received from affected taxing entities or property owners either before
or at the noticed public hearing. Having considered all evidence and testimony presented for or
against any aspect of the Redevelopment Plan, the Council hereby overrules all written and oral
objections to the Redevelopment Plan.
Section 6. The mitigation measures, as identified in Council Resolution No. 2002-131,
adopted on June 19, 2002, and Agency Resolution No. RDA2002-05, adopted on June 19,
2002, making findings based upon consideration of the Final EIR on the Redevelopment Plan,
are incorporated and made part of the proposed Redevelopment Plan.
Section 7. That certain document entitled “Redevelopment Plan for the Lodi
Redevelopment Project No. 1,” a copy of which is on file in the office of the City Clerk and
attached hereto, is hereby incorporated by reference herein and designated as the official
“Redevelopment Plan for the Lodi Redevelopment Project No. I .”
Section 8. The City of Lodi Building Department is hereby directed for a period of at
least two (2) years after the effective date of this Ordinance to advise all applicants for building
permits within the Project Area that the site for which a building permit is sought for the
construction of buildings or for other improvements is within a redevelopment project area.
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Section 9. The City Clerk is hereby directed to send a certified copy of this Ordinance to
the Agency, and the Agency is hereby vested with the responsibility for carrying out the
Redevelopment Plan.
Section 10. The City Clerk is hereby directed to record with the County Recorder of San
Joaquin County a notice of the approval and adoption of the Redevelopment Plan pursuant to
this Ordinance, containing a description of the land within the Project Area and a statement that
proceedings for the redevelopment of the Project Area have been instituted under the
Community Redevelopment Law.
Section 11. The City Clerk is hereby directed to transmit a copy of the description and
statement recorded pursuant to Section 10 of this Ordinance, a copy of this Ordinance, and a
map or plat indicating the boundaries of the Project Area, to the auditor and assessor of the
County of San Joaquin, to the governing body of each of the taxing agencies which receives
taxes from property in the Project Area, and to the State Board of Equalization within thirty (30)
days following adoption of this Ordinance.
Section 12. The City Clerk is hereby ordered and directed to certify to the passage of
this Ordinance and to cause the same to be published once in the Lodi News Sentinel, a
newspaper of general circulation, published and circulated in the City of Lodi.
Section 13. If any part of this Ordinance or the Redevelopment Plan which it approves is
held to be invalid for any reason, such decision shall not affect the validity of the remaining
portion of this Ordinance or of the Redevelopment Plan, and this City Council hereby declares
that it would have passed the remainder of this Ordinance or approved the remainder of the
Redevelopment Plan if such invalid portion thereof had been deleted.
Section 14. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
Approved this 3rd day of July, 2002 -
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1713
was introduced at a special joint meeting of the Lodi City Council and the Redevelopment
Agency of the City of Lodi held June 19, 2002 and was thereafter passed, adopted, and ordered
to print at an adjourned regular meeting of said Council held July 3, 2002 by the following vote:
AYES: COUNCIL MEMBERS - Land and Mayor Pennino
NOES: COUNCIL MEMBERS - Nakanishi
ABSENT: COUNCIL MEMBERS - Howard
ABSTAIN: COUNCIL MEMBERS - Hitchcock
I further certify that Ordinance No. 1713 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
SUSAN J. BLACK~TON
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
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*: . .
REDEVELOPMENT PLAN
FOR THE
LODI REDEVELOPMENT PROJECT NO. 1
Prepared by the
REDEVELOI’MENT AGEKCY OF THE CITY OF LODl
t .
TABLE OF CONTENTS
Page
[5100] INTRODUCTION ..................................................................................... 1 I .
I1 . [§200] DESCRIPTION OF PROJECT AREA ..................................................... 3
III . [ g300] PROPOSED REDEVELOPMENT ACTIONS ....................................... 3
A .
B .
C .
D .
E .
F .
G .
[§301] General ........................................................................................... 3
for Reentry Within Redeveloped Project Area ......................... 4
[§302] Participation Opportunities; Extension of Preferences
1 . [§303] Opportunities for Owners and Business
[§304] Rules for Participation Opportunities.
Priorities. and Preferences ............................................... 4
IS3051 Participation Agreements ................................................ 5
[§306] Conforming Owners ........................................................ 6
Tenants ............................................................................... 4
2 .
3 .
4 .
[§307] Cooperation with Public Bodies ................................................. 6
[§308] Property Acquisition .................................................................... 7
[§309] Real Property .................................................................... 7 -c 1 .
2 . [§310] Personal Property ............................................................. 8
[§311] Property Management ................................................................. 8
[§312] Payments to Taxing Agencies to Alleviate
Financial Burden ........................................................................... 8
[§313] Relocation of Persons, Business Concerns, and
Others Displaced by the Project ................................................. 8
I53141 Assistance in Finding Other Locations ......................... 8
[§315] Relocation Payments ........................................................ 9
1 .
2 .
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n
H . [§316] Demolition. Clearance. and Building and Site
Preparation .................................................................................... 9
1 [§317] Demolition and Clearance 9
2 [§318J Preparation of Building Sites 9
. ...............................................
. ..........................................
I . [§319] Property Disposition and Development ................................. 10
1 . [§320] Real Property Disposition and Development ............ 10
a . [ §321] General ................................................................ -10
b . [§322] Disposition and Development
Documents ........................................................... 10
c . I53231 Development by the Agency ............................ 11
d . [§324] Development Plans ............................................ 12
[§325] Personal Property Disposition ...................................... 12
Structures ..................................................................................... 12
[§327] Rehabilitation and Conservation ................................. 12
[§328] Moving of Structures ..................................................... 12
2 .
[§326] Rehabilitation, Conservation, and Moving of
1 .
2 .
J .
K . [§329] Low- and Moderate-Income Housing ..................................... 13
1 .
2.
3 .
[§330] Replacement Housing .................................................... 13
[§331] Inclusionary Housing .................................................... 13
[§332] Increased and Improved Housing Supply ................. 13
L . [§333] Residential Conservation Area ................................................. 12
[§., 001 USES PERMITTED IN THE PROJECT AREA ................................... 14
[§401] Redevelopment Land Use Map ................................................ 14 A .
B . [§402] Designated Land Uses ............................................................... 13
1 . [ !303] Residential Uses. ............................................................. 13
2 . [§404] Commercial Uses ............................................................ 15
3 . [§405] Industrial Uses ................................................................ 15
[§406] Other Land Uses ......................................................................... 15
1 . [§407] Public Rights-of-way ..................................................... 15
C .
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2 . [ 54081 Other Public. Semi.Public. Institutional.
and Nonprofit Uses ........................................................ 16
[§409] Interim Uses .................................................................... 17 3 .
4 . [#lo] Nonconforming Uses ..................................................... 17
[kj411] General Controls and Limitations ............................................ 17
[§412] Construction .................................................................... 17
154131 Rehabilitation and Retention of Properties ................ 18
I54141 Limitation on the Number of Buildings ...................... 18
[§415] Number of Dwelling Units ........................................... 18
D .
1 .
2 .
3 .
4 .
5 . [§416] Limitation on Type, Size, and Height
of Buildings ..................................................................... 16
I54171 Open Spaces. Landscaping, Light. Air.
and Privacy ...................................................................... 16
[§418] Signs ................................................................................. 19
6 .
7 .
8 .
9 .
10 .
11 .
12 . 134231 Minor Variations ............................................................ 17
[§424] Design for Development ........................................................... 20
[§425] Building Permits ......................................................................... 21
[§4191 Utilities ............................................................................. 19
[§420] Incompatible Uses .......................................................... 19
[§421] Nondiscrimination and Nonsegregation .................... 19
[§422] Subdivision of Parcels .................................................... 19
E .
F .
V . [§500] METHODS OF FINANCING THE PROJECT .................................... 21
A . [§501] General Description of the Proposed
Financing Method ...................................................................... 21
B . [@(I21 Tax Increment Funds ................................................................. 19
C . [§503] Other Loans and Grants ............................................................ 24
VI . [§600] ACTIONS BY THE CITY ....................................................................... 24
VII . [ §700] ENFORCEMENT .................................................................................... 26
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... - ..................... ..... ...................
VIII. [§SO01 DURATION OF THIS PLAN ................................................................ 23
[§900] PROCEDURE FOR AMENDMENT .................................................... 27 IX.
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ATTACHMENTS
Attachment No. 1 Legal Description of the Project Area
Boundaries
Attachment No. 2 Project Area Map
Attachment No. 3 Redevelopment Land Use Map
Attachment No. 4 Proposed Public Improvements
Attachment No. 5 Residential Conservation Area Map
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__ I-
REDEVELOPMENT PLAN
FOR THE
LODI REDEVELOPMENT PROJECT
I. [glOO] INTRODUCTION
This is the Redevelopment Plan (the "Plan") for the Lodi Redevelopment
Project No. 1 (the "Project") in the City of hdi (the "City"), County of San
Joaquin, State of California; it consists of the text, the Legal Description of the
Project Area Boundaries (Attachment No. l), the Project Area Map (Attachment
No. 2), the Redevelopment Land Use Map (Attachment No. 3), and the Proposed
Public Improvements (Attachment No. 4). This Plan was prepared by the
Redevelopment Agency of the City of Lodi (the "Agency") pursuant to the
Community Redevelopment Law of the State of California (Health and Safety
Code Section 33000 et seq.), the California Constitution, and a11 applicable local
laws and ordinances.
The proposed redevelopment of the area within the 'boundaries of the
Project (the "Project Area") as described in this Plan conforms to the General
Plan for the City of Lodi (the 'General Plan"), adopted by the City Comcil of the
City of Lodi (the "City Council") on June 1 2 ,1991.
This Plan is based upon a Preliminary Plan formulated and adopted by
the Planning Commission of the City of Lodi (the "Planning Commission") by
Resolution No. 01-20, on July 11,2001.
This Plan provides the Agency with powers, duties, and obligations to
implement and further the program generally formulated in this Plan for the
redevelopment, rehabilitation, and revitalization of the area within the Project
Area. Because of the long-term nature of this Plan and the need to retain in the
Agency flexibility to respond to market and economic conditions, property
owner and developer interests, and opportunities from time to time presented
for redevelopment, this Plan does not present a precise plan or establish specific
projects for the redevelopment, rehabilitation, and revitalization of any area
within the Project Area, nor does this Plan present specific proposals in an
attempt to solve or alleviate the concerns and problems of the community
relating to the Project Area. Instead, this Plan presents a process and a basic
framework within which specific plans will be presented, specific projects will be
established, and specific solutions will be proposed and by which tools are
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provided to the Agency to fashion, develop, and proceed with such specific
plans, projects, and solutions.
The purposes of the Community Redevelopment Law will be attained
through, and the major goals of this Plan are:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
The elimination of blighting influences and the correction of
environmental deficiencies in the Project Area, including, among
others, buildings in which it is unsafe or unhealthy for persons to
live or work, small and irregular lots, faulty exterior spacing,
obsolete and aged building types, mixed character or shifting uses
or vacancies, incompatible and uneconomic land uses, substandard
alleys, and inadequate or deteriorated public improvements,
facilities, and utilities.
The assembly of land into parcels suitable for modern, integrated
development with improved pedestrian and vehicular circulation
in the Project Area.
The replanning, redesign, and development of portions of the
Project Area which are stagnant or improperly utilized.
The provision of opportunities for participation by owners and
tenants in the revitalization of their properties.
The strengthening of retail and other commercial functions in the
Project Area.
The strengthening of the economic base of the Project Area by
stimulating new investment.
The expansion of employment opportunities.
The provision of an environment for social and economic growth.
The expansion, improvement, and preservation of the community’s
supply of housing available to low- and moderate-income persons
and families.
The 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.
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11. [§200] DESCRIPTION OF PROJECT AREA
The boundaries of the Project Area are described in the ”Legal Description
of the Project Area Boundaries,” attached hereto as Attachment No. 1 and
incorporated herein by reference, and are shown on the ”Project Area Map,”
attached hereto as Attachment No. 2 and incorporated herein by reference.
111. [§300] PROPOSED REDEVELOPMENT ACTIONS
A. [§301] General
The Agency proposes to eliminate and prevent the spread of blight
and deterioration in the Project Area by:
1. The acquisition of certain real property and the assembly of
adequate sites for the development and construction of
residential, commercial, and industrial facilities;
2. The demolition or removal of certain buildings and
improvements;
3. Providing relocation assistance to displaced Project
occupants;
4. The conservation of the residential use of property within
designated areas through the establishment of a Residential
Conservation Area, as more particularly described in the
Residential Conservation Area Map, attached hereto and
incorporated herein as Attachment No. 5.
5. The installation, construction, or reconstruction of streets,
utilities, and other public improvements;
6. The management of any property acquired by and under the
ownership and control of the Agency;
7. Providing for participation by owners and tenants presently
located in the Project Area and the extension of preferences
to business occupants and other tenants desiring to remain
or relocate within the redeveloped Project Area;
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8.
9.
10.
The disposition of property for uses in accordance with this
Plan;
The redevelopment of land by private enterprise or public
agencies for uses in accordance with this Man; and
The rehabilitation of structures and improvements by
present owners, their successors, and the Agency.
In the accomplishment of these purposes and activities and in the
implementation and furtherance of this Plan, the Agency is authorized to use all
the powers provided in this Plan and all the powers now or hereafter permitted
by law.
B. [§302] Participation Opportunities; Extension of Preferences for
Reentnr Within Redeveloped Proiect Area
1. [§303] Opportunities for Owners and Business Tenants
In accordance with this Plan and the rules for participation
adopted by the Agency pursuant to this Plan and the Community
Redevelopment Law, persons who are owners of real property in the Project
Area shall be given a reasonable opportunity to participate in the redevelopment
of the Project Area consistent with the objectives of this Plan.
The Agency shall extend reasonable preferences to persons
who are engaged in business in the Project Area to participate in the
redevelopment of the Project Area or to reenter into business within the
redeveloped Project Area if they otherwise meet the requirements prescribed in
this Plan and the rules for participation adopted by the Agency.
2. [§304] Rules for Participation Opportunities, Priorities, and
Preferences
In order to provide opportunities to owners to participate in
the redevelopment of the Project Area and to extend reasonable preferences to
businesses to reenter into business within the redeveloped Project Area, the
Agency shall promulgate rules for participation by owners and the extension of
preferences to business tenants for reentry within the redeveloped Project Area.
If conflicts develop between the desires of participants for particular sites or land
uses, the Agency is authorized to establish reasonable priorities and preferences
among the owners and business tenants. Some of the factors to be considered in
establishing these priorities and preferences may include a participant’s length of
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occupancy in the area; accommodation of as many participants as possible;
similarity of land use; the necessity to assemble sites for integrated, modern
development; conformity of a participant’s proposal with the intent and
objectives of this Plan; and service to the community of a participant’s proposal.
In addition to opportunities for participation by individual
persons and firms, participation shall be available for two or more persons,
firms, or institutions to join together in partnerships, corporations, or other joint
entities.
Participation opportunities shall necessarily be subject to
and limited by such factors as: (1) the elimination and changing of land uses;
2) the construction, widening, or realignment of streets; (3) the ability of
participants to finance acquisition and development or rehabilitation in
accordance with this Plan and development criteria adopted by the Agency in
implementation of this Plan; (4) the reduction in the total number of individual
parcels in the Project .Area; and (5) the construction or expansion of public
facilities.
3. [$j305] Participation Agreements
The Agency may require that, as a condition to participation
in redevelopment, each participant shall enter into a binding agreement with the
Agency by which the participant agrees to rehabilitate, develop, and use and
maintain the property in conformance with this Plan and to be subject to the
provisions hereof. In such agreements, participants who retain real property
shall be required to join in the recordation of such documents as may be
necessary to make the provisions of this Plan applicable to their properties.
Whether or not a participant enters into a participation agreement with the
Agency, the provisions of this Plan are applicable to all public and private
property in the Project Area.
In the event a participant fails or refuses to rehabilitate,
develop, and use and maintain its real property pursuant to this Plan and a
participation agreement, the real property or any interest therein may be
acquired by the Agency and sold or leased for rehabilitation or development in
accordance with this Plan.
4. [§306] Conforming Owners
The Agency may, at its sole and absolute discretion,
determine that certain real property within the Project Area presently meets the
requirements of this Plan, and the owner of such property will be permitted to
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remain as a conforming owner without a participation agreement with the
Agency provided such owner continues to operate, use, and maintain the real
property within the requirements of this Plan. However, a conforming owner
shall be required by the Agency to enter into a participation agreement with the
Agency in the event that such owner desires to: (a) construct any additional
improvements or substantially alter or modify existing structures on any of the
real property described above as conforming; or (b) acquire additional property
within the Project Area.
C. [§307] Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and
cooperate, with or without consideration, in the planning, undertaking,
construction, or operation of this Project. The Agency shall seek the aid and
cooperation of such public bodies and shall attempt to coordinate this Plan with
the activities of such public bodies in order to accomplish the purposes of
redevelopment and the highest public good.
The Agency, by law, is not authorized to acquire real property
owned by public bodies without the consent of such public bodies. The Agency,
however, will seek the cooperation of all public bodies which own or intend to
acquire property in the Project Area. Any public body which owns or leases
property in the Project Area will be afforded all the privileges of owner and
tenant participation if such public body is willing to enter into a participation
agreement with the Agency. All plans for development of property in the Project
Area by a public body shall be subject to Agency approval.
The Agency may impose on all public bodies the planning and
design controls contained in this Plan to insure that present uses and any future
development by public bodies will conform to the requirements of this Plan. To
the extent now or hereafter permitted by law, 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 without the
Project Area), which land, buildings, facilities, structures, or other improvements
are or would be of benefit to the Project.
D. [§308] Property Acquisition
1. [§309] Real Property
Except as specifically exempted herein, the Agency may
acquire, but is not required to acquire, any real property located in the Project
Area by any means authorized by law.
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It is in the public interest and is necessary in order to
eliminate the conditions requiring redevelopment and in order to execute this
Plan for the power of eminent domain to be employed by the Agency to acquire
real property in the Project Area which cannot be acquired by gift, devise,
exchange, purchase, or any other lawful method. Eminent domain proceedings,
if used, must be commenced within twelve (12) years from the date the
ordinance adopting this Plan becomes effective.
The Agency shall not acquire real property to be retained by
an owner pursuant to a participation agreement if the owner fully performs
under the agreement. The Agency is authorized to acquire structures without
acquiring the land upon which those structures are located. The Agency is
authorized to acquire either the entire fee or any other interest in real property
less than a fee.
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: (a) such building requires
structural alteration, improvement, modernization, or rehabilitation; (b) the site,
or lot on which the building is situated, requires modification in size, shape, or
use; or (c) it is necessary to impose upon such property any of the controls,
limitations, restrictions, and requirements of this Plan and the owner fails or
refuses to execute a participation agreement in accordance with the provisions of
this Plan.
The Agency is not authorized to acquire real property
owned by public bodies which do not consent to such acquisition. The Agency is
authorized, however, to acquire public property transferred to private ownership
before redevelopment of the Project Area is completed, unless the Agency and
the private owner enter into a participation agreement and the owner completes
his responsibilities under the participation agreement.
2. [§310] Personal Propertv
Generally, personal property shall not be acquired.
However, where necessary in the execution of this Plan, the Agency is
authorized to acquire personal property in the Project Area by any lawful means,
including eminent domain.
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E. [ 531 11 Property Management
During such time as property, if any, in the Project Area is owned
by the Agency, such property shall be under the management and control of the
Agency. Such property may be rented or leased by the Agency pending its
disposition for redevelopment, and such rental or lease shall be pursuant to such
policies as the Agency may adopt.
F. [§312] Payments to Taxing Agencies to Alleviate Financial Burden
Pursuant to Section 33607.5 of the Community Redevelopment
Law, the Agency is required to and shall make payments to affected taxing
entities to alleviate the financial burden and detriment that the affected taxing
entities may incur as a result of the adoption of this Plan. The payments made by
the Agency shall be calculated and paid in accordance with the requirements of
Section 33607.5.
G. [§313] Relocation of Persons, Business Concerns, and Others
Displaced by the Proiect
1. [§314] Assistance in Finding Other Locations
The Agency shall assist all persons, business concerns, and
others displaced by the Project in finding other locations and facilities. In order
to carry out the Project with a minimum of hardship to persons, business
concerns, and others, if any, displaced by the Project, the 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 Project Area for displaced persons.
2. [§315] Relocation Payments
The Agency shall make relocation payments to persons,
business concerns, and others displaced by the Project for moving expenses and
direct losses of personal property and additional relocation payments as may be
required by law. Such relocation payments shall be made pursuant to the
California Relocation Assistance Law (Government Code Section 7260 et seq.)
and Agency rules and regulations adopted pursuant thereto. The Agency may
make such other payments as may be appropriate and for which funds are
available.
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H. [§316]
1.
Demolition, Clearance, and Building and Site Preparation
[§317] Demolition and Clearance
The Agency is authorized to demolish and clear buildings,
structures, and other improvements from any real property in the Project Area as
necessary to carry out the purposes of this Plan.
2. [§318] Preparation of Building Sites
The Agency is authorized to prepare, or cause to be
prepared, as building sites any real property in the Project Area owned by the
Agency. In connection therewith, the Agency may cause, provide for, or
undertake the installation or construction of streets, utilities, parks, playgrounds,
and other public improvements necessary to carry out this Plan. The 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 residential, commercial, industrial, public, and other uses provided for
in this Plan.
Prior consent of the City Council is required for the Agency
to develop sites for commercial or industrial use by providing streets, sidewalks,
utilities, or other improvements which an owner or operator of the site would
otherwise be obliged to provide.
I. [§319] Property Disposition and Development
1. [§320] Real Propertv Disposition and Development
a. 153211 General
For the purposes of this Plan, the Agency is
authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber
by mortgage or deed of trust, or otherwise dispose of any interest in real
property. To the extent permitted by law, the Agency is authorized to dispose of
real property by negotiated lease, sale, or transfer without public bidding.
Property acquired by the Agency for rehabilitation and resale shall be offered for
resale within one (1) year after completion of rehabilitation or an annual report
concerning such property shall be published by the Agency as required by law.
Real property acquired by the Agency may be
conveyed by the Agency without charge to the City and, where beneficial to the
Project Area, without charge to any public body. All real property acquired by
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the Agency in the Project Area shall be sold or leased to public or private persons
or entities for development for the uses permitted in this Plan.
All purchasers or lessees of property acquired from
the Agency shall be obligated to use the property for the purposes designated in
this Plan, to begin and complete development of the property within a period of
time which the Agency fixes as reasonable, and to comply with other conditions
which the Agency deems necessary to carry out the purposes of this Plan.
b. [§322] Disposition and Development Documents
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, is subject to the provisions of this Plan.
The Agency shall reserve such powers and controls in
the disposition and development documents as may be necessary to prevent
transfer, retention, or use of property for speculative purposes and to ensure that
development is carried out pursuant to this Plan.
Leases, deeds, contracts, agreements, and declarations
of restrictions of the Agency may contain restrictions, covenants, covenants
running with the land, rights of reverter, conditions subsequent, equitable
servitudes, or any other provisions necessary to carry out this Plan. Where
appropriate, as determined by the Agency, such documents, or portions thereof,
shall be recorded in the office of the Recorder of San Joaquin County.
All property in the Project Area is hereby subject to
the restriction that there shall be no discrimination or segregation based upon
race, color, creed, religion, sex, marital status, national origin, or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in
the Project Area. All property sold, leased, conveyed, or subject to a
participation agreement shall be expressly subject by appropriate documents to
the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or
other transfer of land in the Project Area shall contain such nondiscrimination
and nonsegregation clauses as required by law.
c. [§323] Development bv the Agencv
To the extent now or hereafter permitted by law, the
Agency is authorized to pay for, develop, or construct any publicly-owned
building, facility, structure, or other improvement either within or without the
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.
Project Area, for itself or for any public body or entity, which buildings, facilities,
structures, or other improvements are or would be of benefit to the Project Area.
Specifically, the Agency may pay for, install, or construct the buildings, facilities,
structures, and other improvements identified in Attachment No. 4, attached
hereto and incorporated herein by reference, and may acquire or pay for the land
required therefor.
In addition to the public improvements authorized
under Section 318 and the specific publicly-owned improvements identified in
Attachment No. 4 of this Plan, the Agency is authorized to install and construct,
or to cause to be installed and constructed, within or without the Project Area,
for itself or for any public body or entity for the benefit of the Project Area,
public improvements and public utilities, including, but not limited to, the
following: (1) over- and underpasses; (2) sewers; (3) natural gas distribution
systems; (4) water distribution systems; (5) parks, plazas, and pedestrian paths;
(6) playgrounds; (7) parking facilities; (8) landscaped areas; and (9) street
improvements.
The Agency may enter into contracts, leases, and
agreements with the City or other public body or entity pursuant to this Section
323, and the obligation of the Agency under such contract, lease, or agreement
shall constitute an indebtedness of the Agency which may be made payable out
of the taxes levied in the Project Area and allocated to the Agency under
subdivision (b) of Section 33670 of the Community Redevelopment Law and
Section 502 of this Plan or out of any other available funds.
d. [§324] Development Plans
All development plans (whether public or private)
shall be submitted to the Agency for approval and architectural review. All
development in the Project Area must conform to City design review standards.
2. [§325] 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 which is acquired by the Agency.
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J. [§326] Rehabilitation, Conservation, and Moving of Structures
1. [§327] 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 Project
Area owned by the Agency. The Agency is also authorized and directed to
advise, encourage, and assist in the rehabilitation and conservation of property
in the Project Area not owned by the Agency. The Agency is also authorized to
acquire, restore, rehabilitate, move, and conserve buildings of historic or
architectural significance.
2. [§328] 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 which can be rehabilitated to a location within or
outside the Project Area.
K. [§329] Low- and Moderate-Income Housing
1. [§330] Replacement Housing
In accordance with Section 33334.5 of the Community
Redevelopment Law, 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 the Project, the Agency shall, within four (4)
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 at affordable housing costs within the Project Area or within the territorial
jurisdiction of the Agency in accordance with all of the provisions of Sections
33413 and 33413.5 of said Community Redevelopment Law.
2. [§331] Inclusionarv Housing
Whenever new or substantially rehabilitated dwelling units
are developed by the Agency or by other public or private entities or persons
within the Project Area, the Agency shall comply with the inclusionary housing
requirements set forth in Section 33413 (in particular, subdivision (b) of that
section) of the Community Redevelopment Law.
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3. [§332] Increased and Improved Housing; Supplv
Pursuant to Section 33334.2 of the Community
Redevelopment Law, not less than twenty percent (20%) of all taxes which are
allocated to the Agency pursuant to Section 33670 of the Community
Redevelopment Law and Section 502 of this Plan shall be used by the Agency for
the purposes of increasing, improving, and preserving the City’s supply of
housing for persons and families of very low, low, or moderate income unless
certain findings are made as required by that section to lessen or exempt such
requirement. In carrying out this purpose, the Agency may exercise any or all of
its powers.
The Agency may use these funds to meet, in whole or in
part, the replacement housing provisions in Section 330, above, or the
inclusionary housing provisions in Section 331, above. These funds may be used
inside or outside the Project Area provided, however, that funds may be used
outside the Project Area only if findings of benefit to the Project are made as
required by said Section 33334.2 of the Community Redevelopment Law.
The funds for this purpose shall be held in a separate Low
and Moderate Income Housing Fund until used. Any interest earned by such
Low and Moderate Income Housing Fund shall accrue to the Fund.
L. [§333] Residential Conservation Area
The Agency has designated a Residential Conservation Area, which
is described more particularly by the Residential Conservation Area Map,
attached hereto and incorporated herein as Attachment No. 5. The Residential
Conservation Area consists of cohesive residential neighborhoods that the
Agency intends to maintain and improve for residential use. The Agency shall
maintain and improve the residential character of the Residential Conservation
Area and eliminate blight and deterioration by use of redevelopment actions
including, but not limited to, the installation, construction or reconstruction of
streets, utilities and other public improvements by the Agency and rehabilitation
and construction of structures and improvements by present owners, their
successors and the Agency.
IV. [§400] USES PERMITTED IN THE PROJECT AREA
A. 15401 J Redevelopment Land Use Map
The ”Redevelopment Land Use Map,” attached hereto as
Attachment No. 3 and incorporated herein by reference, illustrates the location of
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the Project Area boundaries, major streets within the Project Area, and the
proposed land uses to be permitted in the Project for all land, public, semi-public
and private.
B. [§402] Desimated Land Uses
1. [§403] Residential Uses
The areas shown on the Redevelopment Land Use Map
(Attachment No. 3) for residential uses shall be used for residential uses
consistent with the Land Use Element of the General Plan as it currently exists or
as it may be amended from time to time.
2. 154041 Commercial Uses
The areas shown on the Redevelopment Land Use Map
(Attachment No. 3) for commercial uses shall be used for commercial uses
consistent with the Land Use Element of the General Plan as it currently exists or
as it may be amended from time to time.
3. I54051 Industrial Uses
The areas shown on the Redevelopment Land Use Map
(Attachment No. 3) for industrial uses shall be used for industrial uses consistent
with the Land Use Element of the General Plan.
C. [§406] Other Land Uses
1. [§407] Public Rights-of-way
As illustrated on the Redevelopment Land Use Map (Attachment No. 3), the
major public streets within the Project Area include Kettleman Lane, Cherokee
Lane, Lodi Avenue, Victor Road, Lockeford Street, Stockton Street, Church
Street, Pine Street and Central Avenue.
Additional public streets, alleys, and easements may be
created in the Project Area as needed for proper development. Existing streets,
alleys, and easements may be abandoned, closed, or modified as necessary for
proper development of the Project.
Any changes in the existing interior or exterior street layout
shall be in accordance with the General Plan, the objectives of this Plan, and the
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City’s design standards, shall be effectuated in the manner prescribed by state
and local law, and shall be guided by the following criteria:
a. A balancing of the needs of proposed and potential
new developments for adequate pedestrian and
vehicular access, vehicular parking, and delivery
loading docks with the similar needs of any existing
developments permitted to remain. Such balancing
shall take into consideration the rights of existing
owners and tenants under the rules for owner and
tenant participation adopted by the Agency for the
Project and any participation agreements executed
thereunder;
b. The requirements imposed by such factors as
topography, traffic safety and aesthetics; and
c. The potential need to serve not only the Project Area
and new or existing developments but to also serve
areas outside the Project by providing convenient and
efficient vehicular access and movement.
The 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.
2. [§408] Other Public, Semi-Public, Institutional, and
Nonprofit Uses
In any area shown on the Redevelopment Land Use Map
(Attachment No. 31, the Agency is authorized to permit the maintenance,
establishment, or enlargement of public, semi-public, institutional, or nonprofit
uses, including park and recreational facilities, libraries, educational, fraternal,
employee, philanthropic, religious and charitable institutions, utilities, railroad
rights-of-way, and facilities of other similar associations or organizations. All
such uses shall, to the extent possible, conform to the provisions of this Plan
applicable to the uses in the specific area involved and as permitted under the
Land Use Element of the General Plan. The Agency may impose such other
reasonable requirements and/or restrictions as may be necessary to protect the
development and use of the Project Area.
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3. [§409] 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 Project Area for interim uses that are not in conformity with the uses
permitted in this Plan.
4. [§410] Nonconforming Uses
The Agency may 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 Project Area. The owner of such a
property must be willing to enter into a participation agreement and agree to the
imposition of such reasonable restrictions as may be necessary to protect the
development and use of the Project Area.
The Agency may authorize additions, alterations, repairs, or
other improvements in the Project Area for uses which do not conform to the
provisions of this Plan where such improvements are within a portion of the
Project where, in the determination of the Agency, such improvements would be
compatible with surrounding Project uses and development.
D. [§411] General Controls and Limitations
All real property in the Project Area is made subject to the controls
and requirements of this Plan. No real property shall be developed,
rehabilitated, or otherwise changed after the date of the adoption of this Plan,
except in conformance with the provisions of this Plan.
1. [§412] Construction
All construction in the Project Area shall comply with all
applicable state and local laws and codes in effect from time to time. In addition
to applicable codes, ordinances, or other requirements governing development in
the Project Area, additional specific performance and development standards
may be adopted by the Agency to control and direct redevelopment activities in
the Project Area.
2. [§413] Rehabilitation and Retention of Properties
Any existing structure within the Project Area approved by
the Agency for retention and rehabilitation shall be repaired, altered,
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reconstructed, or rehabilitated in such a manner that it will be safe and sound in
all physical respects and be attractive in appearance and not detrimental to the
surrounding uses.
3. [§414] Limitation on the Number of Buildin=
The number of buildings in the Project Area shall not exceed
the number of buildings permitted under the General Plan.
4. [§415] Number of Dwelling Units
The number of dwelling units permitted in the Project Area
shall not exceed the number of dwelling units permitted under the General Plan.
5. [§416] Limitation on Tvpe, Size, and Heizht of Buildings
Except as set forth in other sections of this Plan, the type,
size, and height of buildings shall be as limited by applicable federal, state, and
local statutes, ordinances, and regulations.
6. [§417] Open Spaces, Landscaping, Light, Air, and Privacv
The approximate amount of open space to be provided in
the Project Area is the total of all areas which will be in the public rights-of-way,
the public ground, the space around buildings, and all other outdoor areas not
permitted to be covered by buildings. Landscaping shall be developed in the
Project Area to ensure optimum use of living plant material.
Sufficient space shall be maintained between buildings in all
areas to provide adequate light, air, and privacy.
7. [§418] Sips
All signs shall conform to City sign ordinances and other
requirements as they now exist or are hereafter amended. Design of all proposed
new signs shall be submitted to the Agency and/or the City prior to installation
for review and approval pursuant to the procedures of this Plan.
8. [§419] Utilities
The Agency shall require that all utilities be placed
underground whenever physically and economically feasible.
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9. [§420] Incompatible Uses
No use or structure which by reason of appearance, traffic,
smoke, glare, noise, odor, or similar factors, as determined by the Agency, would
be incompatible with the surrounding areas or structures shall be permitted in
any part of the Project Area.
10. [§421] Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based upon
race, color, creed, religion, sex, marital status, national origin, or ancestry
permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of property in the Project Area.
11. [§422] Subdivision of Parcels
No parcel in the Project Area, including any parcel retained
by a participant, shall be subdivided without the approval of the Agency.
12. [§423] Minor Variations
Under exceptional circumstances, the Agency is authorized
to permit a variation from the limits, restrictions, and controls established by this
Plan. In order to permit such variation, the Agency must determine that:
a. The application of certain provisions of this Plan
would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and
intent of this Plan;
b. There are exceptional circumstances or conditions
applicable to the property or to the intended
development of the property which do not apply
generally to other properties having the same
standards, restrictions, and controls;
c. Permitting a variation will not be materially
detrimental to the public welfare or injurious to
property or improvements in the area; and
d. Permitting a variation will not be contrary to the
objectives of this Plan or of the General Plan.
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No variation shall be granted which changes a basic land use
or which permits other than a minor departure from the provisions of this Plan.
In permitting any such variation, the Agency shall impose such conditions as are
necessary to protect the public peace, health, safety, or welfare and to assure
compliance with the purposes of this Plan. Any variation permitted by the
Agency hereunder shall not supersede any other approval required under
applicable City codes and ordinances.
E. [§424] Desim for Development
Within the limits, restrictions, and controls established in this Plan,
the Agency is authorized to establish heights of buildings, land coverage, setback
requirements, design criteria, traffic circulation, traffic access, and other
development and design controls necessary for proper development of both
private and public areas within the Project Area.
No new improvement shall be constructed, and no existing
improvement shall be substantially modified, altered, repaired, or rehabilitated,
except in accordance with this Plan and any such controls and, in the case of
property which is the subject of a disposition and development or participation
agreement with the Agency and any other property, in the discretion of the
Agency, in accordance with architectural, landscape, and site plans submitted to
and approved in writing by the Agency. One of the objectives of this Plan is to
create an attractive and pleasant environment in the Project Area. Therefore,
such plans shall give consideration to good design, open space, and other
amenities to enhance the aesthetic quality of the Project Area. The Agency shall
not approve any plans that do not comply with this Plan.
F. [§425] Building Permits
No permit shall be issued for the construction of any new building
or for any construction on an existing building in the Project Area from the date
of adoption of this Plan until the application for such permit has been approved
by the Agency as consistent with this Plan and processed in a manner consistent
with ail City requirements. An application shall be deemed consistent with this
Plan if it is consistent with the General Plan, applicable zoning ordinances and
any adopted design for development.
The Agency is authorized to establish permit procedures and
approvals in addition to those set forth above where required for the purposes of
this Plan. Where such additional procedures and approvals are established, a
building permit shall be issued only after the applicant for same has been
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granted all approvals required by the City and the Agency at the time of
application.
V. [§500] METHODS OF FINANCING THE PROJECT
A. [§501] General Description of the Proposed Financinn - Method
The Agency is authorized to finance this Project with financial
assistance from the City, the State of California, the federal government, tax
increment funds, interest income, Agency bonds, donations, loans from private
financial institutions, the lease or sale of Agency-owned property, or any other
available source, public or private.
The Agency is also authorized to obtain advances, borrow funds,
and create indebtedness in carrying out this Plan. The principal and interest on
such advances, funds, and indebtedness may be paid from tax increments or any
other funds available to the Agency. Advances and loans for survey and
planning and for the operating capital for nominal administration of this Project
may be provided by the City until adequate tax increment or other funds are
available, or sufficiently assured, to repay the advances and loans and to permit
borrowing adequate working capital from sources other than the City. The City,
as it is able, may also supply additional assistance through City loans and grants
for various public facilities.
The City or any other public agency may expend money to assist
the Agency in carrying out this Project. As available, gas tax funds from the state
and county may be used for street improvements and public transit facilities.
B. [§502] Tax Increment Funds
All taxes levied upon taxable property within the Project Area each
year, by or for the benefit of the State of California, the County of San Joaquin,
the City, any district, or any other public corporation (hereinafter sometimes
called "taxing agencies"), after the effective date of the ordinance approving this
Plan shall be divided as follows:
1. That portion of the taxes which would be produced by the
rate upon which the tax is levied each year by or for each of
said taxing agencies upon the total sum of the assessed value
of the taxable property in the Project as shown upon the
assessment roll used in connection with the taxation of such
property by such taxing agency, last equalized prior to the
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2.
effective date of such ordinance, shall be allocated to and
when collected shall be paid into the funds of the respective
taxing agencies as taxes by or for said taxing agencies on all
other property are paid (for the purpose of allocating taxes
levied by or for any taxing agency or agencies which did not
include the territory of the Project on the effective date of
such ordinance but to which such territory is annexed or
otherwise included after such effective date, the assessment
roll of the County of San Joaquin, last equalized on the
effective date of said ordinance, shall be used in determining
the assessed valuation of the taxable property in the Project
on said effective date).
Except as provided in subdivision 3, below, that portion of
said levied taxes each year in excess of such amount shall be
allocated to and when collected shall be paid into a special
fund of the Agency to pay the principal of and interest on
loans, moneys advanced to, or indebtedness (whether
funded, refunded, assumed, or otherwise) incurred by the
Agency to finance or refinance, in whole or in part, this
Project. Unless and until the total assessed valuation of the
taxable property in the Project exceeds the total assessed
value of the taxable property in the Project as shown by the
last equalized assessment roll referred to in subdivision 1
hereof, all of the taxes levied and collected upon the taxable
property in the Project shall be paid into the funds of the
respective taxing agencies. When said loans, advances, and
indebtedness, if any, and interest thereon, have been paid,
all moneys thereafter received from taxes upon the taxable
property in the Project shall be paid into the funds of the
respective taxing agencies as taxes on all other property are
paid.
3. That portion of the taxes in excess of the amount identified
in subdivision 1, above, which are attributable to a tax rate
levied by a taxing agency which was approved by the voters
of the taxing agency on or after January 1, 1989, for the
purpose of producing revenues in an amount sufficient to
make annual repayments of the principal of, and the interest
on, any bonded indebtedness for the acquisition or
improvement of real property shall be allocated to, and
when collected shall be paid into, the fund of that taxing
agency.
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The portion of taxes mentioned in subdivision 2, above, are hereby
irrevocably pledged for the payment of the principal of and interest on the
advance of moneys, or making of loans or the incurring of any indebtedness
(whether funded, refunded, assumed, or otherwise) by the Agency to finance or
refinance the 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 Project.
The Agency is authorized to issue bonds from time to time, if it
deems appropriate to do so, in order to finance all or any part of the Project.
Neither the members of the 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 or the state, nor are any of its political subdivisions liable for them, nor in
any event shall the bonds or obligations be payable out of any funds or
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 bonded indebtedness to be repaid in whole or in
part from the allocation of taxes described in subdivision 2 above which can be
outstanding at any one time shall not exceed ONE HUNDRED MILLION
DOLLARS ($100,000,000).
The Agency shall not establish or incur loans, advances, or
indebtedness to finance in whole or in part the Project beyond twenty (20) years
from the date of adoption of this Plan. Loans, advances, or indebtedness may be
repaid over a period of time beyond said time limit. This time limit shall not
prevent the Agency from incurring debt to be paid from the Low and Moderate
Income Housing Fund or establishing more debt in order to fulfill the Agency's
housing obligations under Section 33413 of the Community Redevelopment Law.
Further, this time limit 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 limit for repaying indebtedness set forth immediately
below in this Section 502.
The Agency shall not receive, and shall not repay loans, advances,
or other indebtedness to be paid with the proceeds of property taxes from the
Project Area pursuant to Section 33670 of the Community Redevelopment Law
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and this Section 502 beyond forty-five (45) years from the date of adoption of this
Plan.
C. [§503] Other Loans and Grants
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.
VI. [§600] ACTIONS BY THE CITY
The City 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 Plan and to prevent the recurrence or spread in the area of
conditions causing blight. Actions by the City shall include, but not be limited
to, the following:
A. Institution and completion of proceedings for opening, closing,
vacating, widening, or changing the grades of streets, alleys, and
other public rights-of-way and for other necessary modifications of
the streets, the street layout, and other public rights-of-way in the
Project Area. Such action by the City shall include the requirement
of abandonment, removal, and relocation by the public utility
companies of their operations of public rights-of-way as
appropriate to carry out this Plan provided that nothing in this Plan
shall be construed to require the cost of such abandonment,
removal, and relocation to be borne by others than those legally
required to bear such cost.
B. Provision of advances, loans, or grants to the Agency or the
expenditure of funds for projects implementing this Plan as
deemed appropriate by the City and to the extent funds are
available therefor.
C. Institution and completion of proceedings necessary for changes
and improvements in private and publicly owned public utilities
within or affecting the Project Area.
D. Revision of zoning (if necessary) within the Project Area to permit
the land uses and development authorized by this Plan.
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E.
F.
G.
H.
I.
Imposition wherever necessary (by conditional use permits or other
means) of appropriate controls within the limits of this Plan upon
parcels in the Project Area to ensure their proper development and
use.
Provision for administrative enforcement of this Plan by the City
after development. The City and the Agency shall develop and
provide for enforcement of a program for continued maintenance
by owners of all real property, both public and private, within the
Project Area throughout the duration of this Plan.
Preservation of historical sites.
Performance of the above actions and of all other functions and
services relating to public peace, health, safety, and physical
development normally rendered in accordance with a schedule
which will permit the redevelopment of the Project Area to be
commenced and carried to completion without unnecessary delays.
The undertaking and completing of any other proceedings
necessary to carry out the Project.
The foregoing actions to be taken by the City do not involve or constitute
any commitment for financial outlays by the City unless specifically agreed to
and authorized by the City.
VII, [§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, reentry, injunctions, or any other remedies appropriate
to the purposes of this Plan. In addition, any recorded provisions which are
expressly for the benefit of owners of property in the Project Area may be
enforced by such owners.
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VIII. [§800] DURATION OF THIS PLAN
Except for the nondiscrimination and nonsegregation provisions which
shall run in perpetuity, the provisions of this Plan shall be effective, and the
provisions of other documents formulated pursuant to this Plan may be made
effective, for thirty (30) years from the date of adoption of this Plan by the City
Council; provided, however, that subject to the limitations set forth in Section 502
of this Plan, the Agency may issue bonds and incur obligations pursuant to this
Plan which extend beyond the termination date, and in such event, this Plan
shall continue in effect to the extent necessary to permit the full repayment of
such bonds or other obligations. After the termination of this Plan, the Agency
shall have no authority to act pursuant to this Plan except to pay previously
incurred indebtedness and to enforce existing covenants or contracts unless the
Agency has not completed its housing obligations pursuant to Section 33413 of
the Community Redevelopment Law, in which case the Agency shall retain its
authority to implement requirements under Section 33413 of the Community
Redevelopment Law, including its ability to incur and pay indebtedness for this
purpose, and shall use this authority to complete such housing obligations as
soon as is reasonably possible.
IX. [§900] PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in
Section 33354.6 and/or 33450-33458 of the Community Redevelopment Law or
by any other procedure hereafter established by law.
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BTACHMENT NO. 1 @
323 West Elm Street
Lodi, California 95240-2003
September 3, 2001
JOB NO. 0048
CITY OF LODI
REDEVELOPMENT PROJECT NO. 1
LEGAL DESCRIPTION OF THE PROJECT AREA BOUNDARY
Commencing at a brass disk at the Southwest corner of the
Southeast quarter of Section 12, Township 3 North, Range 6 East,
Mount Diablo Base and Meridian; thence South 11" 03' 40" West
97.99 feet to an angle point on the South line of State Highway
Route No. 12 and the True Point of Beginning; thence along the
South line of said Highway the following four courses: (1) South
86O 52' 18" West, 55.24 feet, (2) South 83" 26' 17" West, 500.90
feet, (3) South 84" 34' 39" West, 299.36 feet, (4) North 89O 46'
57" West, 453.16 feet; thence North 03" 15' 30" East, 703.0 feet
to the North line of Tamarack Drive; thence South 86O 41' 041'
West, 10.0 feet; thence North 03" 04' 04" East, 67 feet; thence
South 86' 41' 04" West, 25 feet; thence North 03O 04' 04" East,
100 feet; thence North 86O 41' 04" East, 25 feet; thence North
03" 04' 04" East, 215 feet; thence North 86" 22' 04" East, 12.70
feet; thence North 02' 25' 44" East, 329.86 feet; thence North
86O 41' 04" East, 22.86 feet; thence North 03O 00' 04" East,
112.7 feet; thence South 86' 41' 04" West, 32.91 feet; thence
North 03O 04' 04Il East, 36.96 feet; thence North 86O 41' 04"
East, 10 feet; thence North 03" 04' 04" East, 252.60 feet more or
less to the North line of Park Street;. thence along said North
line and its westerly projection South 86" 39' 04" West, 223.11
feet to the West line of School Street; thence along the West
line of School Street the following four courses: (1) North 03O
05' 34'' East, 417.09 feet, (2) North 03O 00' 04'' East, 558.90
feet, (3) North 02O 54' 29'' East, 1322.86 feet, (4) North 03" 12'
4911 East, 943.28 feet to the South line of Chestnut Street;
thence along the South line of Chestnut Street, South 85O 21' 00'1
West, 325.78 feet to the southerly projection of the East line of
Church Street; thence along the East line of Church Street, North
02O 50' 00'' East, 165.00 feet; thence South 85" 21' OOI1 West,
250.00 feet to the West line of an alley; thence along the West
and South lines of said alley the following three courses: (1)
North 2O 50' 00" East, 10.00 feet, (2) North 29O 45' 17'' West,
33.11 feet, (3) South 85O 21' 00'' West, 495.00 feet to the East
line of Lee Avenue; thence along the East line of Lee Avenue,
South 02" 50' 00" West, 200.00 feet to the South line of Chestnut
Street; thence along the South line of Chestnut Street, South 85O
' 21' 00" West, 301.39 feet to the East line of Hutchins Street;
thence along the East line of Hutchins Street, South 0lo 04' 00"
East, 73.86 feet; thence South 89O 31' 30'' West, 944.15 feet;
thence North 0lo 04' 00" West, 296.40 feet; thence South 89O 31'
30" West, 57.85 feet; thence South 01" 04' 00" East, 5.00 feet;
thence South 89" 31' 30'' West, 390.00 feet; thence South Old 04'
00" East, 384.80 feet; thence South 89" 31' 30" West, 232.00
feet; thence North lo 04' 00" West, 240.00 feet to the Northeast
corner of Lot 24 of TWRNAGE SUBDIVISION as filed in Volume 11 of
Maps and Plats, page 119, San Joaquin County Records; thence
South 89" 31' 30" West, 100.00 feet to the Northwest corner of
said Lot 24' thence along the East line of Orange Avenue, North
01" 04' 0OTr West, 134.80 feet; thence South 89" 31' 30" West,
50.00 feet; thence South 0lo 04' 00" East, 10.80 feet; thence
South 89" 31' 30" West, 97.30 feet; thence North 0lo 07' 15"
West, 40.00 feet; thence South 89" 31' 30" West, 157.34 feet to
the West line of Fairmont Avenue; thence along the West line of
Fairmont Avenue, South 01" 11' 30" East, 78.00 feet; thence South
89" 31' 30" West, 219.11 feet to the West line of the CULBERTSON
TRACT as filed in Volume 11 of Maps and Plats, page 53, San
Joaquin County Records; thence North 01" 11' 30" West, 114.80
feet to the Southeast corner of Lot 29 of the CULBERTSON TRACT;
thence South 89O 31' 30" West, 219.11 feet to the Southwest
corner of Lot 30 of said CULBERTSON TRACT; thence along the West
line of said CULBERTSON TRACT, South 01' 11' 30" East, 161.00
feet; thence South 89" 31' 30" West, 259.11 feet to the West line
of Ham Lane; thence along the West line of Ham Lane, North 0lo
11' 30" West, 270.00 feet to the centerline of Lodi Avenue;
thence continue along the West line of Ham Lane, North 0lo 05'
20" tiest, 91.14 feet; thence along the North line of Lot 17 of
HUTCHINS HOMESTEAD ADDITION NO. 3 and its westerly project, North
89" 33' 37" East, 180.96 feet to the Northeast corner of said Lot
17; thence North 01" 12' 00" West, 10.00 feet; thence North 89O
33' 37" East, 115.96 feet; thence along the West line of Sunset
Drive, South 01" 19' 00" East, 10.00 feet; thence North 89O 33'
37" East, 175.96 feet to the Northeast corner of Lot 51 of said
subdivision last described; thence North 01' 26' OOV1 West, 9.21
feet; thence North 89" 33' 37" East, 115.96 feet; thence along
the West line of Fairmont Avenue, South 01" 32' 0O1' West, 4.21
feet; thence North 89' 33' 37" East, 175.96 feet; thence South
01" 45' O0l1 East, 5.00 feet to the Northwest corner of Lot 86 of
said subdivision last described; thence North 89' 33' 37" East,
115.96 feet to the Northeast corner of said Lot 86; thence along
the West line of Orange Avenue, North 01" 45' 00" West, 24.85
feet; thence North 89" 33' 10" East, 187.60 feet; thence South
0lo 45' OOl1 East, 25.00 feet; thence North 89" 33' 10'' East,
127.60 feet; thence along the West line of Avena Avenue, South
0lo 45' 00" East, 0.80 feet; thence North 89O 31' 30" East,
192.50 feet; thence North 0lo 45' O0l1 West, 22.00 feet; thence
North 89" 31' 30" East, 132.50 feet; thence along the West line
of Cresent Avenue South 01" 45' 00" East, 24.80 feet; thence
North 89" 31' 30" East, 380.20 feet; thence along the West line
of Rose Avenue North 01' 45' 00" West, 60.00 feet; thence North
89O 31' 30" East, 230.10 feet; thence along the East line of an
alley South 01" 45' 00" East, 56.70 feet; thence North 89" 31'
30" East, 150.10 feet; thence along the West line of California
Street North 01" 45' 00" West, 56.70 feet; thence along the
westerly projection of the South lines of Lots 14 and 6 of Block
8 of HUTCHINS HIGH SCHOOL ADDITION as filed in Volume 6 of Maps
and Plats, page 27, San Joaquin County Records, North 89O 31' 30"
East, 380.00 feet to the Southeast corner of said Lot 6; thence
along the West line of Hutchins Street the following nine
courses: (1) North 01' 19' O0l1 West, 50.00 feet, (2) South 89"
31' 30" West, 10.00 feet, (3) North 0lo 19' 00" West, 50.00 feet,
(4) North 89' 31' 30" East, 10.00 feet, (5) North 01' 19' OO1!
West, 50.00 feet, (6) South 89" 31' 30'' West, 10.00 feet, (7)
North 0lo 19' 00" West, 220.00 feet to the North line of Walnut
Street, (8) along the West line of Walnut Street, North 89' 31'
t
30'' East, 10.00 feet, (9) North 0lo 19' 00" West, 20.12 feet to
the westerly extension of the North line of an alley; thence
along the North line of the alley and its westerly projection the
following five courses: (1) South 87O 09' 56" East, 160.03 feet,
(2) South 02O 50' 04" West, 3.26 feet, (3) South 87O 09' 56"
East, 50 feet, (4) South 02O 50' 04" West, 6.46 feet, (5) South
87O 09' 56" East, 520.0 feet to the West line of Pleasant Avenue;
thence along the West line of Pleasant Avenue, North 03O 00' 04"
East, 1050 feet to the South line of Pine Street; thence along
the South line of Pine Street North 86" 59' 56" West 360 feet to
the southerly projection of the West line of Lee Avenue; thence
along the West line of Lee Avenue and its southerly projection
North 03' 00' 04'' East, 960 feet to the North line of Locust
Street; thence along the North line of Locust Street, South 86"
59' 56" East, 360 feet to the West line of Pleasant Avenue;
thence along the West line of Pleasant Avenue, North 03O 00' 04l1
East, 450.85 feet to the westerly projection of the North line of
Lockeford Street; thence along the North line of Lockeford Street
and its westerly projection South 86O 59' 56" East, 374.90 feet
to an angle point; thence leaving the North line of Lockeford
Street, South 80' 27' 13'' East, 95.2 feet more or less to the
Northeast corner of Church and Lockeford Streets ; thence South
86O 59' 56'' East, 297.5 feet to the Northwest corner of Lockeford
and School Streets; thence along the West line of School Street
and its northerly projection North 01' 33' 50" East, 322.64 feet
to the North line of De Force Avenue; thence along the North line
of De Force Avenue, North 88O 48' 10" East, 28.95 feet more or
less to the West line of School Street; thence along the West
line of School Street the following seven courses: (1) North 00"
27' 4011 East, 111.98 feet, (2) South 89O 01' 06" East, 2.71 feet,
(3) North 00" 04' East, 801.9 feet, (4) South 85" 34' 58" West,
20.13 feet, (5) North 00" 33' 35" East, 395.14 feet more or less
to the North line of Forrest Avenue, (6) along the North line of
Forrest Avenue, North 86" 12' East, 19.46 feet to the West line
of School Street, (7) along the West line of School Street and
its northerly projection North 00" 11 I East, 427.54 feet to the!
North line of Louie Avenue; thence along the North line of Louie
Avenue, North 89O 05' 30" East, 392.45 feat; thence along a curve
to the left having a radius of 25 feet, a central angle of 88O
00' and an arc length of 38.40 feet; thence along the West line
of Sacramento Street, North 01" 05' 30" East, 664.20 feet; thence
North 02O 35' 32" West, 105.78 feet to the North line of Turner
Road; thence along the North line of Turner Road the following
ten courses: (1) North 82" 26' 47" East, 82.11 feet, (2) North
89" 26' 30" East, 8.00 feet, (3) South 82" 25' 42" East, 70.71
feet, (4) North 89O 26' 30" East, 130.45 feet, (5) North 03O 00'
04l' East, 15.03 feet, (6) North 89" 26' 30" East, 100.20 feet,
(7) North 03O 00' 04" East, 15.03 feet, (8) North 89O 26l 3011
East, 246.04 feet, (9) South 78" 54' 30" East, 122.53 feet, (10)
North 89" 26' 30" East, 242.59 feet; thence South O6 33' 30"
East, 40.00 feet to the centerline of Turner Road; thence along
the East line of Stockton Street as delineated on that Map of
\\COLONY RANCH" as filed in Volume 24 of Maps and Plats at page
50, San Joaquin County Records and its northerly projection South
03" 10' 40" West, 694.37 feet; thence along a curve to the left
having a radius of 20 feet, a central angle of 93O 53' and an arc
length of 32.77 feet; thence along the North line of Donner
Avenue and its easterly projection North 89" 17' 40" East, 841.11
feet to the East line of Calaveras Street; thence along the East
line of Calaveras Street, South OOo 42' 20" East, 412.49 feet;
thence along a curve to the left having a radius of 20 feet, a
central angle of 90° and an arc length of 31.42 feet; thence
along the North line of Pioneer Drive, North 89O 17' 401' East,
66.79 feet to the Southwest corner of Lot 11 of "LAWRENCE WCH
SUBDIVISION, UNIT NO. 1" as filed in Volume 13 of Maps and Plats,
page 143, San Joaquin County Records; thence along the West line
of said subdivision last described the following four courses:
(1) South 40" 23' 40'' West, 79.64 feet, (2) South OOo 42' 20"
East, 104.04 feet, (3) South 82O 45' 10'' West, 52.31 feet, (4)
South 00' 59' 20" East, 358.00 feet to the Northwest corner of
Lot 20; thence along the southwesterly line of said Lot 20, South
61" 36' 20" East, 57.38 feet; thence along the West lines of Lots
20 through 24 inclusive, South OOo 59' 20" East, 276.44 feet;
thence South 22O 57' 20" East, 53.45 feet to the Southwest corner
of Lot 25; thence along the South lines of Lots 25 through 38
inclusive, North 89" 17' 40" East, 818.60 feet to the Southeast
corner of Lot 38; thence North 00" 42' 20" West, 840.0 feet to
the Northeast corner of Lot 116; thence along the South line of
Pioneer Drive, North 89' 17' 40" East, 366.3 feet to the West
line of Cherokee Lane; thence North 75' 58' 31" East, 510.71 feet
to a point on the East line of Beckman Road, said point also
being a point on a curve from which the radial bears South 86"
04' 31" East; thence along the East line of Beckman Road the
following ten courses: (1) southeasterly along a curve to the
. . .. . ... ..... .... " .. ". .I"^_ _._ "~ . ~ .. ~- .~ " .. .. . ... .
left having a radius of 770.0 feet, a central angle of 24" 29'
4711, an arc length of 329.21 feet and a chord bearing South 08O
19' 24" East, 325.86 feet, (2) South 20" 34' 18" East, 360.71
feet, (3) along a curve to the left having a radius of 1970 feet,
a central angle of 06O 01' 42" and an arc length of 207.27 feet,
(4) south 26" 36' 0O1l East, 138.05 feet, (5) South 25O 44' 07If
East, 131.90 feet, (6) South 26O 36' East, 38.33 feet, (7) along
a curve to the left having a radius of 372 feet, a central angle
of 28" 58' 30" and an arc length of 188.12 feet, (8) South 55"
34' 30" East, 157.89 feet, (9) along a curve to the right having
a radius of 178 feet, a central angle of 55O 07' 30" and an arc
length of 171.26 feet, (10) South oOo 27' 00" East, 119.60 feet;
thence South 43O 45' 12" East, 36.35 feet to the North line of
Lockeford Street; thence along the North line of Lockeford
Street, South 87O 00' East, 1272.54 feet to the northerly
projection of the East line of Cluff Avenue; thence along the
East line of Cluff Avenue and its northerly projection the
following five courses: (I) South 01' 09' 46" East, 331.92 feet,
(2) South 89' 48' 44" West, 2.0 feet, (3) South 01" 09' 46" East,
128.89 feet, (4) North 89" 48' 44" East, 2.0 feet, South 0lo 091
46" East, 354.67 feet to the South line of Mounce Street; thence
along the South line of Mounce Street, North 89O 48' 44" East,
289.19 feet to the northerly projection of the West line of
Parcel "Aff as delineated on that map filed in Book 7 of Parcel
Maps, page 13, San Joaquin County Records; thence South 0lo 09'
46" East, 712.42 feet to the intersection of the southerly
projection of the West line of said Parcel "A" and the South line
of Pine Street; thence along the South line of Pine Street, North
,
89O 53' 16" West, 321.23 feet to the centerline of Cluff Avenue;
thence continuing along the South line of Pine Street, South 89O
31' 32" West, 673.61 feet to a point of non-tangential curvature;
thence along a curve to the left having a radius of 30 feet; a
central angle of 90° 31' 32", an arc length of 47.40 feet and a
chord that bears South 49" 10' 52" West, 42.62 feet to the most
southerly corner of that property conveyed to the City of Lodi by
deed recorded in Book 3792 of Official Records, page 312, San
Joaquin County Records and the East line of Kelley Street; thence
along the East line of Kelley Street and its southerly
projection, South 01" 09' 47" East, 1200.42 feet to the South
line of the Central California Traction Company Right of Way;
thence along the South line of said Right of Way, North 87O 16'
West, 856.95 feet to the West line of State Highway Route No. 99;
thence along the West line of Highway 99 the following four
courses: (1) South OOo 49' OO1v East, 29.94 feet, (2) South 03O
51' 12" East, 600.66 feet (3) South 00" 48' East, 3032.54 feet,
(4) South 01" 10' 10" East, 261.88 feet to the North line of the
South half of the Southwest quarter of Section 7, Township 3
North, Range 6 East, Mount Daablo Base and Meridian; thence North
87O 40' 50" West, 138.24 feet; thence South Oo 35' 30" East, 10.0
feet; thence South 47O 19' 10" West, 38.20 feet; thence North 87O
40' 5011 West, 266.09 feet; thence North 42O 40' 50" West, 38.20
feet; thence North 0" 35' 30" West, 10.0 feet; thence along the
said North line last described, North 87O 40' 50" West, 252.96
feet to the East line of Cherokee Lane; thence South 61' 45' 43"
West, 192.91 feet more or less to the intersection of the South
line of Poplar Street and the West line of Cherokee Lane; thence
along the South line of Poplar Street the following three
courses: (1) South 85" 47' 10" West, 617.50 feet, (2) South
36' 30" East, 10.0 feet, (3) South 85" 47' 10" West, 620.30
to the East line of Central Avenue; thence along the East 1
ooo
feet
ne o
Central Avenue South 00" 36' 35" East, 1160.74 feet to the North
line of State Highway Route No. 12; thence South 00" 37 30"
East, 110.14 feet; thence along the South line of said Highway 12
the following five courses: (1) South 86" 29' West, 44.05 feet,
(2) along a curve to the left having a radius of 3945 feet, a
central angle of 4O 05' 08'' and an arc length of 281.30 feet to a
point of reverse curvature, (3) along a curve to the right having
a radius of 5892.19 feet, a central angle of 4O 05' 08" and an
arc length of 420.15 feet, (4) South 89" 29' West, 592.36 feet,
(5) South 74' 33' 28" West, 71.79 feet to the TRUE POINT OF
BEGINNING.
Containing acres more or less.
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1 BTACHMENT NO. 2 0
REDMLOPMRIT PROJEci BOUNDARY
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a 14qo
1 .ATTACHMENT NO. 9
SOURCE: city of Lodl. 1990
GENERAL PLAN LAND USE DESIGNATIONS I I
LODl REDEVELOPMENT PLAN EIR B Lodi Redevelopment Agency
Wagstoff and Associates Urban and Environmental Planners
c
PROPOSED PUBLIC IMPROVEMENTS
The following public improvements are anticipated to be provided in the Project
Area:
Public Infrastructure and Facilities Improvements
Construct parking improvements in commercial areas of the Project Area
Construct storm drain, wastewater and water distribution improvements
in the East Side neighborhood, along Cherokee Lane and in Downtown
Lodi
Assist in the development of facilities to service residents in the Project
Area, including a community center, a library and an education and
training center
Building: Rehabilitation, Facade Immovement and /or Historic Preservation
Provide low interest loan and grant funds to pay for rehabilitation, seismic
strengthening and/or historic preservation of commercial, industrial and
residential buildings
Provide assistance for facade improvements in the downtown and other
areas
Establish development standards and design guidelines to improve the
appearance of buildings and businesses along Cherokee Lane
Neighborhood v Preservation, Circulation and Landscaping Improvements
Create a comprehensive pedestrian and bicycle network, providing
linkages and improving access to Downtown from the proposed Multi-
Modal Train Station and Transit Center
Provide pedestrian access to Transit Center, including widening of
sidewalks and landscaping street frontages
Landscape public parking lots and streets, improve street sips and
streetlights in Downtown, residential neighborhoods and other areas
Construct new sidewalks and widen existing sidewalks in Downtown
Lodi, residential neighborhoods and other areas
Improve traffic signalization and traffic circulation at critical intersections,
specifically along Cherokee Lane
Expand code enforcement program
E I
BTACHMENT NO. 5 0
Legend - EAST SIDE RESIDENTIAL
CONSERVATION AREA BOUNDARY
FEEr
CITY OF LODI REDEVELOPMENT PLAN ADOPTION
EAST SIDE RESIDENTIAL CONSERVATION AREA MAP