HomeMy WebLinkAboutResolutions - No. RDA2002-02RESOLUTION NO. RDA2002-02
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LODI
REFERRING THE PROPOSED REDEVELOPMENT PLAN FOR THE LODI
REDEVELOPMENT PROJECT NO. 1 TO THE PLANNING COMMISSION OF
THE CITY OF LODI AND THE PROJECT AREA COMMITTEE FOR REPORT
AND RECOMMENDATION
WHEREAS, the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.) provides in Section 33346 that, before a proposed redevelopment plan is
submitted to the legislative body, the redevelopment agency shall submit the proposed plan to the
planning commission for its report and recommendation; and
WHEREAS, Section 33347.5 of the Community Redevelopment Law provides that, before a
proposed redevelopment plan is submitted to the legislative body, the redevelopment agency shall
submit the proposed plan to the project area committee, if one exists, for its report and
recommendation; and
WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has prepared a
proposed Redevelopment Plan for the Lodi Redevelopment Project No. 1; and
WHEREAS, on November 7, 2001, by Resolution No. 2001-254, the City Council of the City
of Lodi confirmed the election and appointment of members to the Project Area Committee for the
Lodi Redevelopment Project No. 1.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LODI DOES
HEREBY RESOLVE that the proposed Redevelopment Plan for the Lodi Redevelopment Project
No. 1, in the form attached hereto, is hereby referred to the Planning Commission of the City of Lodi
and the Project Area Committee for the Lodi Redevelopment Project No. 1 for report and
recommendation.
Dated: May 1, 2002
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I hereby certify that Resolution No. RDA2002-02 was passed and adopted by the Members
of the Redevelopment Agency in a regular meeting held May 1, 2002 by the following vote:
Attest:
AYES:
MEMBERS — Hitchcock, Howard, Land, and Chairperson Pennino
NOES:
MEMBERS — Nakanishi
ABSENT:
MEMBERS — None
ABSTAIN:
MEMBERS — None
air
,_ r
RDA2002-02
REDEVELOPMENT PLAN
FOR THE
LODI REDEVELOPMENT PROJECT NO.1
Prepared by the
REDEVELOPMENT AGENCY OF THE CITY 01: LORI
TABLE OF CONTENTS
P. age
I. [§100] INTRODUCTION....................................................................................................1
II. [§200] DESCRIPTION OF PROJECT AREA..................................................................... 2
III. [§300]
PROPOSED REDEVELOPMENT ACTIONS.........................................................2
A.
[§301]
General......................................................................................................2
B.
[§302]
Participation Opportunities; Extension of Preferences
for Reentry Within Redeveloped Project Area ...........................................
3
1.
[§303] Opportunities for Owners and Business
Tenants........................................................................................
3
2.
[§304] Rules for Participation Opportunities,
Priorities, and Preferences...........................................................
4
3.
[§305] Participation Agreements.............................................................4
4.
[§306] Conforming Owners......................................................................5
C.
[§307]
Cooperation with Public Bodies.................................................................5
D.
[§308]
Property Acquisition.............................:.....................................................6
1.
[§309] Real Property...............................................................................6
2.
[§310] Personal Property.........................................................................6
E.
[§311]
Property Management...............................................................................6
F.
[§312]
Payments to Taxing Agencies to Alleviate
FinancialBurden........................................................................................7
G.
[§313]
Relocation of Persons, Business Concerns, and
Others Displaced by the Project................................................................
7
1.
[§314] Assistance in Finding Other Locations .........................................
7
2.
[§315] Relocation Payments....................................................................7
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H. [§316] Demolition, Clearance, and Building and Site
IV. [§400] USES PERMITTED IN THE PROJECT AREA.....................................................11
Preparation................................................................................................ 7
1.
[§317] Demolition and Clearance............................................................7
2.
[§318] Preparation of Building Sites ........................................................ 7
I. [§319]
Property Disposition and Development.....................................................
8
1.
[§320] Real Property Disposition and Development................................8
2.
[§404] Commercial Uses.......................................................................12
a. [§321 ] General...........................................................................
8
[§405] Industrial Uses............................................................................12
b. [§322] Disposition and Development
C. [§406]
Other Land Uses.....................................................................................12
Documents......................................................................
8
[§407] Public Rights-of-Way..................................................................12
C. [§323] Development by the Agency ............................................
9
[§408] Other Public, Semi -Public, Institutional,
d. [§324] Development Plans.......................................................10
2,
[§325] Personal Property Disposition....................................................10
J. [§326]
Rehabilitation, Conservation, and Moving of
Structures................................................................................................10
1.
[§327] Rehabilitation and Conservation.................................................10
2.
[§328] Moving of Structures...................................................................10
K. [§329]
Low- and Moderate -Income Housing.......................................................10
1.
[§330] Replacement Housing................................................................10
2.
[§331] Inclusionary Housing..................................................................10
3.
[§332] Increased and Improved Housing Supply...................................11
L. [§333]
Residential Conservation Area................................................................12
IV. [§400] USES PERMITTED IN THE PROJECT AREA.....................................................11
A. [§401]
Redevelopment Land Use Map ................................
B. [§402]
Designated Land Uses............................................................................13
1.
[§403] Residential Uses........................................................................13
2.
[§404] Commercial Uses.......................................................................12
3.
[§405] Industrial Uses............................................................................12
C. [§406]
Other Land Uses.....................................................................................12
1.
[§407] Public Rights-of-Way..................................................................12
2.
[§408] Other Public, Semi -Public, Institutional,
and Nonprofit Uses.....................................................................13
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3.
[§409]
interim Uses...............................................................................13
4.
[§410]
Nonconforming Uses..................................................................13
D. [§411]
General
Controls and Limitations............................................................14
1.
[§412]
Construction...............................................................................14
2.
[§413]
Rehabilitation and Retention of Properties.................................14
3.
[§414]
Limitation on the Number of Buildings........................................14
4.
[§415]
Number of Dwelling Units...........................................................14
5.
[§416]
Limitation on Type, Size, and Height
ofBuildings.................................................................................16
6.
[§417]
Open Spaces, Landscaping, Light, Air,
andPrivacy.................................................................................16
7.
[§418]
Signs..........................................................................................15
8.
[§419]
Utilities........................................................................................15
9.
[§420]
Incompatible Uses......................................................................15
10.
[§421]
Nondiscrimination and Nonsegregation......................................15
11.
[§422]
Subdivision of Parcels................................................................15
12.
[§423]
Minor Variations.....................................................::..................17
E. [§424]
Design
for Development ....................................... -..................................
16
F. [§425]
Building Permits........................................................................................16
V. [§500] METHODS OF FINANCING THE PROJECT.......................................................17
A. [§501] General Description of the Proposed
FinancingMethod....................................................................................17
B. [§502] Tax Increment Funds...............................................................................19
C. [§503] Other Loans and Grants..........................................................................19
VI. [§600] ACTIONS BY THE CITY......................................................................................19
VII. [§700] ENFORCEMENT..................................................................................................20
VIII. [§800] DURATION OF THIS PLAN.................................................................................23
IX. [§900] PROCEDURE FOR AMENDMENT...................................................................... 21
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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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REDEVELOPMENT PLAN
FOR THE
LODI REDEVELOPMENT PROJECT
[§100] INTRODUCTION
This is the Redevelopment Plan (the "Plan") for the Lodi Redevelopment Project No.1 (the
"Project") in the City of Lodi (the "City"), County of San Joaquin, State of California; it consists of
the text, the Legal Description of the Project Area Boundaries (Attachment No. 1), the Project Area
Map (Attachment No. 2), the Redevelopment Land Use Map (Attachment No. 3), and the Proposed
Public Improvements (Attachment No. 4). This Plan was prepared by the 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 all
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 Council of the City of Lodi (the "City Council") on
19
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 Pian 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 concems 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 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. The elimination of blighting influences and the correction of environmental
deficiencies in the Project Area, including, among others, buildings in which it is
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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.
F. The strengthening of the economic base of the Project Area by stimulating new
investment.
G. The expansion of employment opportunities.
H. The provision of an environment for social and economic growth.
I. The expansion, improvement, and preservation of the community's supply of
housing available to low- and moderate -income persons and families.
J. 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.
II. [§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,
III. [§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:
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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;
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;
8. The disposition of property for uses in accordance with this Plan;
9. The redevelopment of land by private enterprise or public agencies for
uses in accordance with this Plan; and
10. 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 Reentry Within
Redeveloped Project Area
[§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.
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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 occupancy in the area;
accommodation of as many participants as possible; similarity of land use; the necessity to
assemble sites for integrated, modem 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. [§305] 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
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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 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. [§3071 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.
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D. [§308] Property Acquisition
[§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.
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 Property
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.
E. [§311] 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
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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
Project
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.
H. [§316] 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
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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.
[§319] Property Disposition and Development
[§320] Real Property Disposition and Development
[§3211 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 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.
[§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
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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 by the Agency
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 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.
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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.
[§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,
[§326] Rehabilitation, Conservation, and Moving of Structures
[§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. 1§3291 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.
[§331] Inclusionary Housing
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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.
3. [§332] Increased and Improved Housing Supply
Pursuant to Section 33334.2 of the Community Redevelopment Law, not
less than twenty percent (20%) of all taxes which are allocated to the 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. [§401] Redevelopment Land Use Map
The "Redevelopment Land Use Map," attached hereto as Attachment No. 3 and
incorporated herein by reference, illustrates the location of the Project Area boundaries, major
streets within the Project Area, and the proposed land uses to be permitted in the Project for all
land, public, semi-public and private.
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B. [§402] Designated Land Uses
[§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. [§404] 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. [§405] 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
[§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 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
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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.
3), 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.
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
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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, 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.
[§414] Limitation on the Number of Buildings
The number of buildings in the Project Area shall not exceed the number
of buildings permitted under the General Plan.
[§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 Type. Size, and Height of Buildings
Except as set forth in other sections of this Plan, the type, size, and height
of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and
regulations.
6. [§417] Open Spaces, Landscaping, Light, Air, and Privacy
The approximate amount of open space to be provided in the Project Area
is the total of all areas which will be in the public rights-of-way, the public ground, the space around
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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] Signs
All signs shall conform to City sign ordinances and other requirements as
they now exist or are hereafter amended. Design of all proposed new signs shall be submitted to
the Agency and/or the City prior to installation for review and approval pursuant to the procedures
of this Plan.
B. [§419] Utilities
The Agency shall require that all utilities be placed underground whenever
physically and economically feasible.
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 Nonsegre aq tion
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;
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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
Permitting a variation will not be contrary to the objectives of this
Plan or of the General Plan.
No variation shall be granted which changes a basic land use or which
permits other than a minor departure from the provisions of this Plan. In permitting any such
variation, the 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] Design 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 i&'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 all 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.
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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 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 Financing 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:
That portion of the taxes which would be produced by the rate upon which
the tax is levied each year by or for each of said taxing agencies upon the
total sum of the assessed value of the taxable property in the Project as
shown upon the assessment roll used in connection with the taxation of
such property by such taxing agency, last equalized prior to the effective
date of such ordinance, shall be allocated to and when collected shall be
paid into the funds of the respective taxing agencies as taxes by or for
said taxing agencies on all other property are paid (for the purpose of
allocating taxes levied by or for any taxing agency or agencies which did
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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).
2. 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.
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
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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 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
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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.
E. 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.
F. 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.
G. Preservation of historical sites.
H. 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
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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.
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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