HomeMy WebLinkAboutMINUTES - 12211989 - 2.7A ti ^
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REDEVELOPMENT PLAN FOR THE
OAKLEY REDEVELOPMENT PROJECT AREA
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DEC x,1989
PHR.BATCHELOR
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Adopted by Ordinance No. gg_gg
December 21 1989
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REDEVELOPMENT PLAN FOR THE
OAKLEY REDEVELOPMENT PROJECT AREA
PART 1. INTRODUCTION
The Redevelopment Plan for the Oakley Project Area consists of text, two
maps, and the legal description of the Project Area (Exhibit A) . This Plan has
been prepared to be accompanied by the Report on the Plan, as called for in the
California Community Redevelopment Law.
The Plan has been prepared by the Contra Costa County Redevelopment Agency
pursuant to the Constitution of the State of California, the Community Rede-
velopment Law of the State of California, and all applicable laws and local
ordinances.
PART II. GENERAL DEFINITIONS
The following definitions will be used in this Plan unless the context otherwise
requires:
A. "Agency" means the Contra Costa County Redevelopment Agency, Contra
Costa County, California.
B. "Board of Supervisors" means the Board of Supervisors of the County of
Contra Costa, California.
C. "County" means the County of Contra Costa, California.
D. "General Plan".means the Oakley/North Brentwood Area General Plan as
it now exists, or may hereafter be amended.
E. "Owner" means any individual or entity owning real property.
F. "Person" means any individual , or any public or private entity.
G. "Personal Property" means moveable property, chattels, and any other
property not part of real property.
H. "Plan" means the Redevelopment Plan for the Oakley Redevelopment
Project Area prepared under the Redevelopment Law and adopted by the
Board of Supervisors, as it now exists or may hereafter be amended.
I . "Project" means the redevelopment activities undertaken pursuant to
the Plan.
J. "Project Area" means the area specifically shown on the Project Area
Boundary Map (Exhibit 1) and described in the Legal Description (Exhibit
A) .
2.
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1
K. "Real Property" means land, including land under water and waterfront
property; buildings, structures, fixtures, and improvements on the
land; property appurtenant to or used in connection with the land; and
every estate, interest, privilege, easement, franchise, and right in
land, including but not limited to rights-of-way, terms of years, and
liens, chattels or encumbrances by way of judgement, mortgage or
otherwise and the indebtedness secured by such liens.
L. "Redevelopment Law" means the Community Redevelopment Law of the State
of California (California Health and Safety Code, Section 33000 et.
seq. ) .
M. "State" means the State of California.
N. "Zoning Ordinance" means the Planning and Zoning Ordinance of Contra
Costa County, California, as it now exists or may hereafter be
amended.
PART III . PROJECT AREA BOUNDARIES
The Project Area is shown on the Project Area Boundary Map (Exhibit 1) .
Following the text of the Plan is Exhibit A, the Legal Description of the
Project Area, which is incorporated in the Plan by this reference.
PART IV. REDEVELOPMENT GOALS AND OBJECTIVES
A. Plan Goals
The Plan is designed to achieve five major goals. First, it proposes
to fund circulation and transportation improvements throughout the Project
Area, but primarily those related to State Route 4 deficiencies. Second,
the Plan seeks to provide where lacking, or upgrade or replace where
inadequate, public 'and community facilities. Third, the Plan is intended
to provide other infrastructure improvements, including drainage
improvements and utility upgrading. Fourth, the Plan seeks to upgrade
existing older residential neighborhoods through rehabilitation of a
substantial number of existing housing units, the facilitation of infill
housing construction, and development of neighborhood amenities such as
landscaping and mini parks. Fifth, the Plan is intended to stimulate new
industrial development in the Project Area in order that it may become a
productive and attractive economic center, providing jobs for area
residents and enhancing the local tax base.
These Redevelopment Plan goals are consistent with the General Plan.
For instance, the General Plan calls for light industrial development in
the western portion of the Project Area south of State Route 4. This area
is targeted for redevelopment assistance in order to facilitate industrial
development that will provide jobs for . area residents. The General Plan
also designates those parcels on the south side of State Route 4 (Main
Street) through the downtown area as commercial . The Oakley Redevelopment
Plan targets this area for assistance so that the downtown Oakley area can
be revitalized with new and rehabilitated commercial development. The
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General Plan calls for medium density development (7.4 to 11.9 dwelling
units/net acre) on the, south side of State Route 4 between Empire and
O'Hara Avenue, which is an area targeted by the Redevelopment Plan for
affordable multi-family housing developments.
Likewise, the Housing Element of the General Plan sets forth a series
of goals for housing rehabilitation and development. (See Subsection D of
this Part IV below for a summary of these housing goals. ) The Redevelop-
ment Plan is expressly designed to achieve these goals in an area of the
County which is seeing a large amount of single-family housing development
and little, if any, multi-family housing.
In summary, the Redevelopment Plan and the ensuing redevelopment
process may best be viewed as a valuable mechanism available to the County
to implement the goals of the General Plan.
B. Development Constraints; Blighting Conditions
Unfortunately, the Project Area suffers from a combination of
blighting conditions which make replacement assistance imperative if the
area is to meet the .development potential envisioned by the General Plan.
The existing residential neighborhoods in the Project Area are
affected by severe blighting conditions that will require redevelopment
assistance if they are to be arrested and reversed. Many of the
residential streets are of substandard quality by modern community
standards and the Sand Hill area, at the southeast tip of the Project Area
is almost completely void of infrastructure improvements. Inadequate
drainage facilities result in localized flooding in some residential
neighborhoods.
A substantial "number of those housing units that comprise the older
housing stock,. that is, constructed prior to 1980, are in need of some
level of rehabilitation. A number of buildings are abandoned or so
severely deteriorated that rehabilitation may be ,infeasible. Redevelopment
assistance is vital to any effort to upgrade neighborhoods, rehabilitate
existing housing stock, and produce new housing.
The physical and economic decline of the existing commercial portions
of the Project Area, as well as the failure to meet General Plan goals of
industrial expansion, result from a multiplicity of factors which are
detailed in the Report to the Board of Supervisors on the Plan. These
factors include: poor traffic and circulation patterns; inappropriate
mixture of residential and commercial uses; obsolescence, deterioration,
dilapidation and vacancy of buildings; inadequate infrastructure and public
improvements; open storage of abandoned equipment and vehicles; and an
overall atmosphere and appearance of neglect. These factors create a
self-perpetuating condition of declining property values that make the
industrial and commercial portions of the Project Area an unattractive
environment for private investment.
4.
The industrial areas in the western portion of the Project Area have
failed to develop in accordance with the mandates of the County General
Plan, with large parcels remaining vacant or underutilized. Commercial
areas have experienced a continuing decline in activity. Many buildings
have been vacated or allowed to deteriorate and the area is characterized
by incompatible and shifting uses, circulation problems, and a significant
underutilization of land suitable for development.
The problems faced in these portions of the Project Area are of a
magnitude and complexity that cannot be reversed by -the private sector
without redevelopment assistance. The low growth rate in the Project Area,
exacerbated by the level of disinvestment that is occurring, is graphic
evidence of the reluctance of the private sector to bring about the
industrial and commercial development that is called for by the General
Plan and which will provide a desired balance of jobs and housing. The
real estate market in the central core Project Area is simply not strong
enough to permit developers to pass the costs of necessary off-site
improvements on to users, given the physical blighting conditions and the
evidence of economic maladjustment described in the Report on the Plan. It
is anticipated that for needed economic growth through development to occur
in the industrial and commercial areas, major road and drainage improve-
ments are necessary, yet the cost of such infrastructure cannot be econ-
omically reflected in the residual value of the raw land. This existing
financial obstacle is a primary reason that private development cannot take
place in the Project Area to eliminate blighting conditions. Redevelopment
a.id is necessary to fund the required infrastructure improvements, as well
as, in some instances, to acquire parcels and market them to qualified
developers who are capable of redeveloping the properties within the
quality standards established by the General Plan and the Redevelopment
Plan.
While governmental assistance from sources such as the County General
Fund and Community Development Block Grant program will be used to address
the problems outlined above, these resources are insufficient, given budget
constraints and other County needs, to revitalize the Project Area.
The objectives of the Plan, outlined in the following subsection, are
expressly designed to overcome these blighting conditions so that the broad
goals of the Plan can be achieved in a timely manner.
C. Plan Objectives and Activities
The specific objective of the Plan, together with particular
activities that the Agency may undertake to accomplish these objectives are
set forth below:
Objective 1. Provide circulation and transportation improvements.
The Agency will work to provide circulation and transportation
improvements including, but not limited to: the widening and improving of
State Route 4 through the Project Area, the construction of north-south and
east-west "couplets" if these are determined to be acceptable alternatives
to other proposals, the construction of frontage improvements, that is,
curbs, gutters, and sidewalks throughout the Project Area, and the general
improvements to local streets where necessary and appropriate.
5.
To accomplish this objective, the Agency may:
a. Acquire, assemble, prepare, and dispose of parcels for the development
of highway, street and roadway improvements, including the improvement
of frontages;
b. Assist in the financing and construction of highway, street and
roadway improvements, using tax increment revenues, Community
Development Block Grants, and other resources available to the Agency.
Objective 2. Construct or Rehabilitate Public Facilities
The Agency will work with the County, School Districts, Regional Park
District and other public agencies to facilitate the development or
rehabilitation of public facilities, such as government offices or service
centers, library, schools, child care facilities, job training centers, and
park and recreation facilities.
To accomplish this objective, the Agency may:
a. Acquire, assemble, prepare, and dispose of parcels for the development
of infrastructure;
b. Assist in the financing and construction of infrastructure
improvements using tax increment revenues, Community Development Block
Grants, and other resources available to the Agency.
Objective 3. Provide Infrastructure Improvements
The Agency will work to provide infrastructure improvements to the Project
Area, including but not limited to drainage improvements, provision of
utilities where lacking, and site development where appropriate.
To accomplish this objective, the Agency may:
a. Acquire, assemble, prepare, and dispose of parcels for the development
of infrastructure;
b. Assist in the financing and construction of infrastructure
improvements using tax increment revenues, Community Development Block
Grants, and other resources available to the Agency.
Objective 4. Assist in New Affordable Housing Development and Strengthen
Existing Residential Neighborhoods
The Agency will work to expand the supply of decent, safe and sanitary
affordable housing in the Project Area, and to upgrade the existing
residential areas by assisting in rehabilitation of the existing housing
stock.
To- accomplish this objective, the Agency may:
6.
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a. Promote, assist in financing, and provide subsidies for the develop-
ment of affordable housing in the Project Area, consistent with the
General Plan, using tax increment revenues, Redevelopment Construction
Loan Act financing, Community Development Block Grant Funds, and other
resources available to the Agency.
b. Acquire, assemble, prepare (including provision of adequate infra-
structure) , and dispose of parcels for housing development through
owner participation agreements and development agreements.
C. Provide suitable affordable replacement housing for any households
that may be displaced as a result of redevelopment activities.
d. Provide rehabilitation loans for owners of housing, using tax
increment revenues, Redevelopment Construction Loan Act Financing,
Community Development Block Grant Funds, and other resources available
to the Agency.
e. Promote, assist in financing, and provide subsidies for the
development of infill housing in the existing residential
neighborhoods, using tax increment revenues, Redevelopment
Construction Loan Act financing, Community Development Block Grant
Funds, and other resources available to the Agency.
f. Acquire, assemble, prepare (including provision of adequate
infrastructure) , and dispose of parcels for infill housing development
and neighborhood open space through owner participation agreements
and development agreements.
g. Assist in the provision of adequate infrastructure to serve
residential areas, including street paving, construction of street-
ends and curb's, gutters and sidewalks, mini-parks, tot lots, and
landscaping.
Objective 5. Facilitate Industrial Development
The Agency will work to assist private property owners and developers in
the redevelopment of parcels designated for industrial and commercial
development in the General Plan.
To accomplish this objective the Agency may:
a. Acquire, assemble, prepare ( including provision of adequate infra-
structure) , and dispose of parcels for industrial and commercial
related uses through owner participation agreements and development
agreements.
b. Assist in the provision of adequate infrastructure to support new
development, including street reconstruction and widening, drainage
improvements, undergrounding of public utilities, and lighting.
7.
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C. Provide financial assistance, as permitted by law, and work with other
financing sources (Small Business Administration, private activity
bonds, private lending institutions, etc. ) to make available
assistance for rehabilitation of existing structures and construction
of modern industrial facilities.
D. Implementation Guidelines
Redevelopment of the Project Area will require a long-term effort and
will involve many activities, both public and private. Specific Agency
activities must be tailored to best take advantage of market conditions
and development opportunities as they evolve over the life of the Plan.
Flexibility will be essential in designing and implementing each Agency
action.
While flexibility of action is critical , it is possible to set forth
the major principles that will guide Agency activities undertaken to
implement the goals and objectives of the Plan. These implementation
guidelines include the following:
1. Redevelopment assistance must be applied judiciously as a catalyst for
private development in accordance with the General Plan. From this
principle, flow two major guidelines. First, redevelopment assistance
should be provided only as a last resort, when it is clear that the
private sector and other governmental resources are insufficient to
achieve the desired level and quality of development. Second,
redevelopment activities must be carefully prioritized, so that those
activities with the greatest impact on inducing private development
will receive funding preference.
2. Since redevelopment resources are limited, they must be carefully
coordinated with other public and private resources to maximize the
"leverage" or impact of redevelopment funds on private development.
Several implementation guidelines follow from this principle of
coordination. First, the Agency must implement its program through
the greatest possible utilization of the existing County government
organization and expertise. Second, the Agency must promote
involvement of existing businesses and residents in rehabilitation and
new development activities to the greatest extent possible consistent
with the goals and objectives of the Plan. Third, the Agency must
attract and involve experienced private developers and lending
institutions in Plan implementation through continual information_
exchange and timely coordination of Agency activities with those of
the private sector in the community.
3. The Agency' s activities should be clearly focused within the Project
Area so as to maximize their positive impact while minimizing any
disruption to the normal activities of property owners, businesses
and residents.
4:- The Agency will provide assistance in improving the Project Area's
- __ housing stock and residential neighborhood quality in a manner that
will reinforce other County housing efforts and that will serve, among
others, the following goals and policies of the County set forth in
the Housing Element of the General Plan:
8.
a. To obtain a balance of housing types, tenures, densities, and
price ranges.
b. To review its land use regulations and development review
procedures to determine whether they are optimal with respect to
their effect on the quality and cost of housing and
neighborhoods.
C. To commit appropriate financial and non-financial assistance to
lower the cost of development for very low and low income housing
and consider such assistance for moderate income housing.
d. To encourage the creation of public/private partnerships to
facilitate the production of low and moderate income housing.
e. To cooperate and coordinate with member cities and regional ,
state, and federal agencies to advance and utilize available
programs to provide housing for low and moderate income
households.
f. To utilize the existing housing stock for low and moderate income
housing by extensive participation in the Section 8 and other
rent subsidy programs.
g. To provide housing opportunities for all economic segments of the
population throughout the community.
h. To coordinate and work with public and private entities in order
to. encourage the development of a community that is served by
adequate and appropriate facilities and services.
i . To encourage housing that will conserve and more efficiently use
energy resources.
j . To promote equal opportunity in housing.
k. . To promote economic development activities, particularly those
which improve housing opportunities and their closeness to jobs.
1 . To promote the conservation of the housing stock.
M. To aid neighborhoods with housing and community development
assistance to arrest decline and stabilize neighborhoods.
n. To provide resources to address special housing needs.
5. The Agency will seek to complete its activities in a manner that will
minimize service and fiscal impacts on taxing agencies while
achieving the goals and objectives of the Plan.
6. The Agency may undertake other activities not expressly mentioned
above, as permitted by the Community Redevelopment Law, if such
activities will support the goals and objectives of the Plan.
a
9.
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PART U. LAND USE REGULATIONS
A. Overview of Regulations
The County of Contra Costa has adopted a General Plan which is in full
compliance with the State requirements for General Plans. This Redevelop-
ment Plan has been prepared, and is being considered for adoption by the
Board of Supervisors along with the Oakley/North Brentwood General Plan.
Immediately prior. to the adoption of the Oakley Redevelopment Plan, the
Board of Supervisors approved by ordinance the Oakley/North Brentwood
General Plan.
The permitted land uses, land use standards and other evaluation
guidelines of this Redevelopment Plan shall be those set forth in the
General Plan. It is further intended that all provisions of the Zoning
Ordinance be applicable to developments in the Project Area, and that all
development in the Project Area comply with all applicable state and local
laws, codes and ordinances in effect from time to time in the county, in
addition to any requirements of the Agency imposed pursuant to this Plan.
Finally, the applicable County zoning and planning processes shall
continue to have full effect and shall continue to serve as the primary
determinant for land use decisions in the Project Area.
B. Permitted Land Uses
As noted in the overview to this part, the Redevelopment Plan adopts
the land uses set forth in the General Plan as the permitted uses within
the Project Area. It is intended that the land uses set forth in the
General Plan now or as it may hereafter be amended shall be the land uses
governing the Redevelopment Plan.
C. Land Use Map
The Land Use Map (Exhibit 2) shows the permitted land uses, major
circulation routes and street layout, the location of proposed open space
areas, and the property to be devoted to public purposes within the
Project Area. The Land Use Map is drawn from the Land Use Element of the
General Plan and shall be deemed to be automatically modified as
the Land Use Element of the General Plan may be revised from time to time
in order to maintain conformance of this Redevelopment Plan with the
General Plan, as provided in Sections A and B of this part.
D. General Controls and Limitations
All real property in the Project Area is hereby subject to the
controls and requirements of the Plan. No real property shall be
developed, rehabilitated, or otherwise changed after the date of adoption
of the Plan except in conformance with the provisions of this Plan and all
applicable State and local laws and standards in effect from time to time.
10.
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1. New Construction
All new construction shall comply with all applicable State and
local laws and standards in effect from time to time. A11 setback
areas from the street curb shall be landscaped and maintained by the
owners. Parking facilities shall be provided in accordance with the
criteria set forth in the General Plan and Zoning Ordinance. All
parking shall be paved and drained so that storm and surface waters
drainage from parcels will not cross public sidewalks. All parking
spaces visible from the street shall be landscaped as necessary to
prevent unsightly barren appearances. Off-street loading facilities,
trash areas, and any outdoor storage of materials _ approved by the
County and/or Agency shall be adequately enclosed or screened by
walls, landscaping, or other such enclosure consistent with the
applicable County ordinances.
2. Existing Non-Conforming Uses
The Agency is authorized to permit an existing use to remain in
an existing building in good physical condition which does not conform
to the provisions of this Plan, provided that such use is generally
compatible with the developments and uses within the Project Area in
the discretion and judgement of the Agency.
3. Rehabilitation
Any structure within the Project Area which will be retained as
part of the Plan shall not be altered, constructed, or rehabilitated
unless it is done so in conformance with the Plan and any guidelines
which may be adopted by the Agency to assist in the implementation of
the Plan. This conformity shall extend to the architectural char-
acter, the public spaces and other elements as required by the County
and/or Agency.
4. Open Spaces and Landscaping
The standards for open space to be provided within the Project
Area are set forth in the General Plan, and are included as part of
the goals and objectives of this Plan. The precise amount of open
space to be provided in the Project Area will depend on the precise
plans for development submitted by developers of private property in
the Project Area and approved, by the County and Agency. Landscaping
plans for development projects shall be submitted to the County and/or
Agency for review and approval .
5. Height and Bulk
The height and bulk of structures shall be regulated as provided
in the General Plan and the Zoning Ordinance.
6. Density
The maximum permitted density of development on any building site
shall be regulated as provided in the General Plan and the Zoning
Ordinance.
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7. Utilities
The Redevelopment Agency shall require that all new utilities be
placed underground unless otherwise approved by the County and/or
Agency. Such utilities include, but are not limited to, the
following: transformer vaults or pads, water meters and valves,
telephone pull boxes, manhole inlets, drain facilities, and cable
television lines.
8. Signs
Exterior signs necessary for the identification of buildings and
premises shall be as permitted by the General Plan and the Zoning
Ordinance, provided that they comply with any design criteria estab-
lished for the Project Area. The Agency may require that the complete
sign program for a development be reviewed by the Agency staff, as
well as the East County Regional Planning Commission, prior to the
erection or installation of signs in any part of the Project Area.
9. Incompatible Uses
No use or structure which, by reason of appearance, traffic,
smoke, glare, noise, odor, or other similar factors, would be
incompatible with the 'surrounding areas or structures shall be
permitted in any part of the Project Area.
10. Non-discrimination and Non-segregation
As more fully set forth in Part IV below, there shall be no
discrimination or segregation based on race, color, creed, religion,
sex, sexual or 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. Resubdivision of Parcels
After rehabilitation and development pursuant to this Plan, no
parcel in the Project Area, including any parcel retained by a
conforming owner or participant shall be subdivided without the
approval of the County and/or Agency.
12. Variances
Under exceptional circumstances, the Agency is authorized to
permit variances from the limits, restrictions, and controls
established by the Plan. In order to permit such a variance the
Agency must determine that:
a. The application of one or more of the provisions of this Plan
would result in unnecessary hardship to the property owner; and
b. There are exceptional circumstances or conditions applicable to
the property or to the intended development of the property which
do not apply generally to other properties having the same
standards, restrictions and controls; and
12.
c. Permitting a variance from the limits, restrictions, or controls
of this Plan will not be materially detrimental to the public
welfare or injurious to property or improvements in the area; and
d. Permitting a variance will not be contrary to the objectives of
this Plan.
No such variance shall be granted which changes a basic land use pursuant
to this Plan or which permits other than a minor departure from the
provisions of this Plan. In permitting any such variance, the Agency shall
impose such conditions as are necessary to protect the public health,
safety, or welfare, and to assure compliance with the objectives of the
Plan.
E. Adoption of Additional Standards for Development
Within the limits, restrictions, and controls established in the Plan,
the Agency is authorized to establish and adopt specific standards for
building heights, building coverage, design criteria, architectural char-
acter, landscaping character, sign character, traffic circulation, ingress
and egress, and any other development and design control necessary to
implement the Plan. Such controls may relate to both private and public
areas within the Project Area. No new development shall be constructed and
no existing improvements shall be substantially modified, altered,
repaired, or rehabilitated except in accordance with such adopted standards
for development. The Agency shall not approve plans which do not comply
with any adopted standards for development.
F. Dwelling Unit Count
There are currently approximately 800 housing units in the Project
Area being used as permanent residences at the time of adoption of the
Plan, with an additional 302 units having been proposed but not having
received development approvals. At present, it is anticipated that
approximately 517 additional housing units will be developed in the Project
Area during the life of the Plan. .
G. Building Permits
Upon adoption of this Plan, no permit shall be issued for construction
of any new building or the addition to or rehabilitation of any existing
building in the Project Area until the application for such permit has been
processed in the manner provided in this Section. Any permit that is
issued must be for construction or rehabilitation which conforms to the
provisions of this Plan.
The procedure for filing an application for a building permit shall be
the same procedure currently used by the County in processing applications
through the Building Inspection and Community Development Departments.
Upon receipt of a permit application to be processed by the County, the
Executive Director of the Agency or the Director's designee shall first
review the -project for conformity to the Plan. When the Executive Director
of the Agency is satisfied that the proposal conforms to the Plan, the
13.
Director or the Director' s designee shall advise the County Building
Inspection Department. In the event the Executive Director finds that the
proposed development for which a permit sought does not conform to the
Plan, the Building Inspection Department shall not issue a building permit
or shall issue a permit subject to the conditions recommended by the
Executive Director or the Director's designee.
The decision of the Executive Director or designee may be appealed to
the Agency within ten days of written notification to the applicant of the
Executive Director' s or designee's adverse decision. Within thirty days of
receipt of the appeal , the Agency shall conduct a public hearing on the
proposal at which time the applicant and interested members of the public
may be heard. After consideration of testimony and evidence, the Agency
must take one of the following actions:
1. Deny the application.
2. Approve the application.
3. Approve the application with modifications or conditions determined to
be necessary by the Agency.
The Agency shall also file a written report of its findings of fact
regarding the approval , condition of approval , or denial of the subject
application.
Any public hearing may be continued from time to time.
Since the members of the Board of Supervisors also sit as the members
of the Agency, an appeal from an Agency decision to the Board of
Supervisors would be a meaningless exercise. Therefore, as long as the
members of the Board of Supervisors also serve as the members of the
Agency, any decision by the Agency shall be final . However, if independent
Agency members should be appointed in the future, an applicant shall have
ten days from an adverse decision of the Agency to appeal to the Board of
Supervisors.
PART VI . REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES
The development of the Project will be undertaken in accordance with the
provisions of the California Community Redevelopment Law.
The Agency proposes to use the following redevelopment techniques to
achieve the objectives of the Plan set forth in Part IV above:
A. Public Improvements
The Agency is authorized to install and construct or cause to be
installed and constructed, the public improvements and public utilities
(within or outside the Project Area) necessary to carry out this Plan.
14.
Such public improvements include, but are not limited to, over or under-
passes, bridges, streets, curbs, gutters, sidewalks, street lights, sewers,
storm drains, traffic signals, electrical distribution systems, public
service buildings (police, fire, library, schools, etc. ) , natural gas
distribution systems, water distribution systems, buildings, parks,
off-street parking, plazas, playgrounds, landscaped areas, and under-
grounding of existing utilities.
All streets within the Project Area may be widened, altered, or
vacated for purposes of development of the Project. New streets may be
created as necessary. The anticipated configuration of streets within the
Project Area (including existing streets to be retained) is shown on the
Land Use Map (Exhibit 2) . These public rights-of-way shall be used for
vehicular and/or pedestrian traffic as well as for public improvements,
public and private utilities, and activities typically found in public
rights-of-way. Any and all street vacations or new street construction
pursuant to this Plan, shall-- b-e in accordance with the County's public
hearing requirements as well as all other applicable law including, but not
limited to, those provisions set forth in the California Streets and
Highways Code.
Anticipated public improvements may include, but are not limited to,
the following:
1. State Route 4: widen and improve from Highway 160 (western boundary)
to Cypress Road.
2. Eastbound "couplet" : construct an eastbound arterial from State Route
4, 600 feet west of Norcross Avenue to Acme Street, then convert and
improve Acme Street as an eastbound roadway to State Route 4. Convert
and improve State Route 4 as a westbound arterial along the same
route.
3. Northbound "couplet": construct a northbound arterial from O'Hara
Avenue and La Vina Way to Second Street, then convert and improve
Second Street as a northbound arterial . Convert and improve O'Hara
Avenue as a southbound arterial along the same route.
(All street improvements listed above include fire hydrant and water
main installation as required to meet the fire flow and water supply
requirements of the General Plan land use designations. )
4. Other street improvements: pave and construct curbs, gutters and
sidewalks and street-end improvements on residential streets through-
out the Project Area.
5. Drainage improvements: design and construct improved storm drainage
facilities within the Project Area.
6. Utilities, as needed throughout the Project Area.
7.- Landscaping and street trees, as needed throughout the Project Area.
15.
8. Development of trails, open space and parks on sites within the
Project Area, or outside the Project Area if of benefit to Project
Area residents, as specified by the General Plan.
9. As necessary for parcels that are acquired, assembled, prepared and
sold for redevelopment, construction of necessary infrastructure to
support the planned development on such parcels.
B. Property Acquisition
1. Acquisition of Real Property
Except as specifically exempted herein, the Agency may, but is
not required to, acquire or obtain options to acquire all real
property located in the Project Area by gift, devise, exchange,
purchase, eminent domain or any other lawful method whatsoever. The
Agency may also acquire any other interest in real property less than
a fee interest.
Since it is in the public interest and is necessary for the
elimination of those conditions requiring redevelopment, the power of
eminent domain may be employed by the Agency to acquire real property
in the Project Area. The power of eminent domain will not be
exercised, however, when the following exists:
a. The property in question is improved with a structure and the
Agency has determined that it conforms to the Plan and in the
sole determination of the Agency:
(1) the property is not needed for those specific activities
outlined in the Plan, including for development by a master
developer pursuant to Section VI . C. 2 below;
(2) the property is not needed for the development of
replacement housing for those displaced by Agency activity,
if any;
(3) the property is not needed for any other public improvement
or facility;
(4) the property is not needed to promote historical or archi-
tectural preservation;
(5) the property is not needed to remove a blighting influence
on surrounding properties which prevents achievement of the
objectives of this Plan;
(6) the property is not needed for the elimination of
environmental deficiency including among other things,
inadequate circulation, access or street layout,
- incompatible and mixed uses, overcrowding and small parcel
size; or
16.
(7) the property is not needed for the removal of impediments to
land development and disposition through assembly of land
into appropriately sized and shaped parcels served by
improved circulation and utilities.
b. The property in question is improved with a structure and,
although not conforming to the Plan, the Agency has determined
that the property and the structure can so conform pursuant to an
owner participation agreement and that the owner is faithfully
performing under the terms of the owner participation agreement;
or
C. The property in question is owned by a public body and that
public body has not consented to the exercise of the power of
eminent domain by the Agency.
The Agency must commence eminent domain proceedings with respect to
any property which it intends to acquire within twelve years of the
date of adoption of the ordinance including such property in the
Project Area. This time limit for commencement of eminent domain
proceedings may be extended only by amendment of the Plan.
Prior to any acquisition through eminent domain, the Agency shall
adopt a resolution declaring a need to acquire any specific property
and authorizing the acquisition by such method.
The Agency is not authorized to acquire real property owned by public
bodies which do not consent to such acquisition. The Agency is
authorized, however, to acquire property devoted to a public use, if
it is transferred to private ownership before the Agency completes
land disposition within the Project Area.
2. Acquisition of 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.
C. Participation by Owners and Business Tenants
1. Opportunities for Owners and Business.Tenants
The Agency shall extend reasonable preferences to persons who own
property or are engaged in business in the Project. Area, to continue
or re-enter in business within the Area if they meet the requirements
prescribed in this Plan and the "Rules for Business Tenant Preference
and Owner Participation" which have been adopted by the Agency and are
available for public inspection.
It is the intention of the Agency that owners of parcels of real
4 _ property within the Project Area, where consistent with this
Redevelopment Plan, be allowed to participate in this redevelopment
by: retaining all or a portion .of their properties; acquiring adjacent
17.
or other properties in the Project Area; selling their properties to
the Agency and purchasing other properties in the Project Area; and
upgrading and developing their properties in conformance with . this
Plan and owner participation rules.
The Agency may determine either on its own direction or pursuant
to a request of a property owner that certain property within the
Project Area does not conform to this Plan, and the owner of such
property shall be required to enter into an owner participation
agreement with the Agency. Each property in the Project Area shall be
considered to conform to this Plan, until and unless the Agency has
determined by resolution that such property does not conform to this
Plan.
The Agency may determine, either on its own direction or pursuant
to a request of a property owner, that certain real property within
the Project Area conforms or substantially conforms to the
requirements of this Plan and that the owner of such property will
therefore be permitted to remain a conforming owner without a
participation agreement with the Agency, provided, such owner
continues to operate and use the real property within the
requirements of this Plan.
In the event a conforming 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 real property within the Project Area, then
the Agency may require such conforming owner to enter into a
participation agreement with the Agency in the same manner as required
for owners of non-conforming properties.
Any real "property owned by a conforming owner outside of the
designated conforming parcels and within the Project Area shall be
considered and treated in the same manner as real property owned by
other owners, i .e. , may be subject to a participation agreement with
the Agency.
All of the provisions of this subsection are subject to the
provisions of Section C.2 below for the selection of a master
developer or developers to develop parcels within the Project Area.
2. Rules for Participation Opportunities, Priorities and Preferences;
Selection of Master Developers
As more fully set forth in the "Rules for Business Tenant
Preference and Owner Participation," in the event the Agency
determines either on its own direction or pursuant to a request of a
property owner that it is in the best interest of the Project that
several parcels within the Project Area be assembled and developed by
a single property owner or other entity under a master developer plan,
the Agency may select and designate a master developers for the
parcels based on the proposed master developer' s financial and
technical ability to successfully undertake and complete the
development program. .
18.
Any individual or other entity may apply to be selected as a
master developer of two or more parcels in the Project Area. Upon
such application, the Agency shall determine whether it is desirable
to designate a master developer for such parcels and whether the
applicant or another individual or entity meets the qualification to
serve as the master developer. The Agency shall designate a qualified
master developer unless, in its judgement, no property owner or other
individual or entity meets the necessary qualifications or it is not
desirable to designate a master developer for those parcels.
The rights of particular property owners and business tenants to
participate in the redevelopment of their respective properties shall
be subject to or limited by or eliminated by the inclusion of their
property within a master development plan to be developed by another
entity.
If the Agency determines that a particular parcel in the
Project Area shall not be included in a master development plan, then
the owner of the parcel and business tenants may participate in the
redevelopment of property in accordance with the participation rules
adopted by the Agency. In general , these rules provide that existing
owners and business tenants within the Project Area be given non-
financial preference, as more fully described in the participation
rules, for re-entry into business within the redeveloped Project Area.
Owners will be required to submit proof to the Agency of their
technical qualifications and financial ability to carry out their
agreement with the Agency.
3. Participation Agreements
In the event the property owner is otherwise eligible pursuant to
Section C.2 above to participate in the redevelopment of the property,
the property owner, who is not a conforming owner, shall enter into a
binding agreement with the Agency under which the property owner shall
agree to rehabilitate, develop, or use the property in conformance
with the Plan and to be subject to the provisions hereof. Such
agreement shall be prepared by the Agency after consultation with the
property owner. Agreements will contain a list of minimum improve-
ments to be made for the specific property to which it applies.
In such agreements, participating property owners who retain real
property shall be required to join in the recordation of such
documents as are necessary in the determination of the Agency to make
the provisions of this Plan applicable to their properties.
In the event a participating property owner fails or refuses to
rehabilitate or develop his or her property pursuant to this Plan
and/or an owner participation agreement, the Agency is authorized, but
is not required to acquire the real property or any interest therein
which, if acquired, may be sold or leased for rehabilitation or
- development in accordance with this Plan.
19.
It is anticipated that the acquisition of real property within
the Project Area will be limited, and that the Agency' s power of
eminent domain will be used only in those instances in which the
Agency determines that the acquisition of certain real property is
necessary and is in the best interest of the Project.
D. 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. The Agency shall have the right
to impose on all public bodies the planning and design controls contained
in the Plan to ensure that present uses and any future development by
public bodies conform to the requirements of this Plan.
E. Property Management
During such time as property in the Project Area is owned by the
Agency, such property shall be under the management and control of the
Agency. Such property may be rented or leased by the Agency pending its
disposition.
The Agency shall comply with, and is authorized to exercise the rights
and duties contained in, the provisions of Health and Safety Code Section
33401, which states in part:
The Agency may in any year during which it owns property in a
redevelopment project pay directly to any city, county, city and
county, district, including, but not limited to, a school district, or
other public corporation for whose benefit a tax would have been
levied upon the property had it not been exempt, an amount of money in
lieu of taxes.
A proportionate share of any amount of money paid by the Agency to any
city and county pursuant to this subdivision shall be disbursed by the
city and county to any school district with territory located within
a redevelopment project area in the city and county. "Proportionate
share," as used in this section, means the ratio of the school
district tax rate, which is included in the total tax rate. of the city
and county, to the total tax rate of the city and county.
F. Relocation of Displaced Persons and Businesses
The Agency shall implement its activities to require the minimum
possible relocation of persons and businesses consistent with achievement
of the goals and objectives of the Plan.
20.
In the event that persons or businesses must be . relocated, the
following standards will apply.
1. Assistance in Finding Other Locations
The Agency shall assist all households displaced by the Project
in finding other locations and facilities. There are areas of the
county, other than the Project Area, not generally less desirable in
regard to public utilities and public and commercial facilities,
containing decent, safe and sanitary dwellings equal in number-to the
number of households that may potentially be displaced and available
to such displaced households and reasonably accessible to their
places of employment. Such dwelling units are available at rents or
prices within the financial means of the families and individuals
displaced from the Project Area.
In order to carry out the Project with a minimum of hardship on
persons displaced from their homes, the Agency shall assist such
persons in finding housing that is decent, safe, sanitary, within
their financial means, in reasonable, convenient locations, and
otherwise suitable to their needs. The Agency is also authorized to
provide housing outside the Project Area for displaced persons.
2. Relocation Payments
The Agency may pay reasonable moving expenses to persons and
businesses displaced by the Project. This provision is not intended
to provide incentives for commercial and industrial businesses to move
out of the Project Area. The Agency may make such relocation payments
for moving expenses where the Agency determines it is in the best
interest of the Project and not to do so would create a hardship on
the persons involved. The Agency may make such other payments as may
be in the best interest of the Project and for which funds are
available. The Agency shall make all relocation payments required by
applicable law.
G. Demolition, Clearance, and Site Preparation
1. Demolition and Clearance
The Agency is authorized to demolish, clear, or move, or cause to
be demolished, cleared or moved, buildings, structures, and other
improvements as necessary to carry out the purposes of this Plan.
2. Preparation of Building and Development Sites
The Agency is authorized to prepare or cause to be prepared as
development sites any real property in the Project Area owned or
acquired by the Agency.
21.
_ e
H. Rehabilitation and Moving of Structures
To the extent appropriate in carrying out the Plan, the Agency is
authorized to: (1) rehabilitate or cause to be rehabilitated any building
or structure in the Project Area acquired by the Agency, and (2) move or
cause to be moved any building or other structure to a location within or
outside the Project Area.
I . Replacement Dwelling Units
Whenever any 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 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 as defined by Health
and Safety Code Section 50052.5, within the territorial jurisdiction of the
Agency, in accordance with all the provisions of the Redevelopment Law
(Health and Safety Code Sections 33413 and 33413.5) .
J. Property Disposition and Development
1. Real Property Disposition and Development
a. 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 leases or sales without
public bidding.
All real property acquired by the Agency in the Project Area
shall be sold or leased for development for the uses permitted in
the Plan. Real property may be conveyed by the Agency to the
County or any other public body without charge. Property
containing buildings or structures rehabilitated by the Agancy
shall be offered for resale within one year after completion of
rehabilitation and an annual report concerning such property
shall be published by the Agency as required by law.
The Agency shall reserve such powers and controls in the
disposition and development documents as may be necessary to .
prevent transfer, retention, or use of property for speculative
purposes and to insure that development is carried out pursuant
to this Plan.
To the extent now or hereafter permitted by law, the Agency
is authorized to pay for all or part of the value of the
22.
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land, cost of installation or construction or any building,
facility, structure or other improvement either within or outside
the Project Area for itself or for any public body or entity
provided that such improvements would be of benefit to the
Project Area and no other reasonable means of financing the
improvements are available to the Agency.
b. Purchase and Development by Participants. Pursuant to the
provisions of this Plan and the rules adopted by the Agency, the
Agency may offer real property in the Project Area for purchase
and development by owner and business-tenant participants prior
to the time that real property is made available for purchase and
development by persons who are not owners or business-tenants in
the Project Area.
C. Purchase and Development Documents. To provide adequate
safeguards, to insure that the provisions of this Plan will be
carried out, and to prevent the recurrence of blight, all real
property sold, leased, or conveyed by the Agency, as well as all
property subject to participation agreements, shall be made
subject to the provisions of this Plan by leases, deeds,
contracts, agreements, declarations of restrictions, provisions
of the Zoning Ordinance, conditional use permits, or other means.
Where appropriate, as determined by the Agency, such documents
or portions thereof shall be recorded in the office of the
Recorder of the County.
The leases, deeds, contracts, agreements, and declarations
of restrictions may contain restrictions, covenants, covenants
running with land, rights of reverter, conditions subsequent,
equitable servitudes, or any other provisions necessary to carry
out this plan.
During the period of redevelopment in the Project Area, the
Agency shall ensure that the provisions of this Plan and of other
documents formulated pursuant to this Plan are being observed,
and that development in the Project Area proceeds in accordance
with development documents.
The Agency may require that development plans be submitted
to it for review and approval . All development must conform to
this Plan and all applicable Federal , State, and local laws.
d. Obligations to be Imposed on Redevelopers
Purchasers of land from the Agency shall be required to
develop such land in accordance with the provisions of this Plan.
The Agency shall have the right to withhold transfer of title to
the acquirer, user or developer of land in order to ensure
fulfillment of this requirement. No building, sign or structure
shall be constructed upon any part of such land unless archi-
tectural plans and specifications showing, among other things,
the nature of such construction, parking, loading, surface
treatment and landscaping, the location and orientation of the
23.
structure(s) on the building site and the grading plans for the
building site to be built upon, shall be submitted to, reviewed,
and approved in writing by the Agency. The Agency shall have the
right to refuse to approve any such plans or specifications when
in the opinion of the Agency such plans or specifications do not
conform with the conditions and objectives of the Plan, or to the
design standards established by the Agency.
Acquirers, users or developers of land within the Project
Area must commence the erection of any building, prosecute
diligently the work thereon, and complete it within such
reasonable period of time as agreed upon with the Agency.
No acquirer, user, owner participant or developer shall
resell , lease, sublease, or otherwise dispose of land in the
Project Area until the construction approved by the Agency has
been completed, except with the prior written consent of the
Agency.
Persons who are engaged in business in the Project Area
shall be granted non-financial preference by the Agency to
re-enter in business within the Project Area after redevelopment
if they otherwise meet the requirements prescribed by the Plan
and the Rules for Business Tenant Preference and Owner
Participation.
The acquirer, user, or owner shall be responsible for
complying with all applicable State and local laws, ordinances
and codes, in effect from time to time, not superseded by this
Plan.
2. Personal Property Disposition
For the purpose of this Plan the Agency is authorized to sell ,
lease, exchange, transfer, assign, pledge, encumber, or otherwise
dispose of personal property.
K. Prevention of Discrimination
1. General
Property owners and developers shall comply with all State and
local laws, in effect from time to time prohibiting discrimination or
segregation by reason of race, color , religion, creed, marital status,
sex, sexual orientation, national origin or ancestry, in the sale,
lease or occupancy of the property.
2. Conveyances by the Agency
Pursuant to the Redevelopment Law (Health and Safety Code
- Sections 33337 and 33435-33436) , contracts entered into by the Agency
relating to the sale, transfer or leasing of land, or any interest
herein acquired by the Agency within the Project Area shall contain
the provisions of those Redevelopment Law sections in substantially
24.
the form set forth therein. Such contracts shall further provide that
the provisions of the applicable Redevelopment Law sections shall be
binding upon and shall obligate the contracting party or parties and
any subcontracting party or parties and all other transferees under
the instrument.
3. Other Contrast, Deeds and Leases for Conveyance of Project Area
Property
All deeds, leases or contracts for the sale, lease, sublease or
other transfer of any land in the Project Area shall contain the
following nondiscrimination clauses as prescribed by the Redevelopment
Law (Health and Safety Code Section 33435 and 33436) :
In deeds, the following language shall appear:
"The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all
persons claiming under or through them, that there shall be no
discrimination against, or segregation of, any persons or group
of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry, in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the
premises herein conveyed, nor shall the grantee himself or any
person claiming under or through him, establish or permit any
such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the
premises herein conveyed. The foregoing covenants shall run with
the land."
In leases'; the following language shall appear:
"The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all
persons claiming under or through him, and this lease i.s made and
accepted upon and subject 'to the following conditions:
"That there shall be no discrimination against or segregation of
any person or group of persons, on account of race, color-, creed,
religion, sex, marital status, national origin, or ancestry, in
the leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of the premises herein leased, nor shall the lessee
himself, or any person claiming under or through him, establish
or permit any such practice or practices of discrimination or
number, use, or occupancy of tenants, sublessees, subtenants, or
vendees in the premises herein leased"
4. Duration
- The covenants in deeds, leases, and contracts from or with the
Agency, with respect to prevention of discrimination, shall remain in
effect in perpetuity.
25.
L. Financing of Low- and Moderate-Income Housing and Commercial Development
The Redevelopment Construction Loan Act (California Health and Safety
Code Sections 33750 et. seq) and the general powers of the Agency provide
the authority for the Agency to issue mortgage-revenue bonds for the
financing of housing construction and rehabilitation as well as for the
development and construction of commercial facilities.
Mortgage-revenue bonds may be issued by the Agency in conjunction with
the expenditure of the tax increment revenues required to be set aside for
provision of low- and moderate-income housing pursuant to the Redevelopment
Law (Health and Safety Code Section 33334.2) .
Mortgage-revenue bond financing will be made available only to those
project which fully satisfy all local zoning and land use requirements. As
a general rule, the Agency will expect that mortgage revenue bond financed
projects should show additional benefits to the community due to the
provision of lower cost mortgage financing. Prior to the issuance of any
such bonds, the Agency must be assured that there is adequate security for
the payment of principal and interest when they became due and payable.
PART VII . METHODS FOR FINANCING THE PROJECT
A. General Provisions
Upon adoption of the Plan by the Board of Supervisors, the Agency is
authorized to finance this Project with financial assistance from the
County of Contra Costa, State of California, United States Government,
private developers or any other sources legally available to the Agency.
As available, gas tax funds from the State of California may be used
toward the cost of" street improvements. There may also be some revenue
.accruing to the Project from interest earned on investment of Agency funds.
The Agency is hereby authorized to borrow funds, obtain advances, and
create contractual indebtedness and other obligations in carrying out this
Plan, pursuant to applicable law. The principal and interest on some
borrowed funds, advances and other obligations may be paid from tax
increments available to the Agency.
B. Housing Financing
Pursuant to the Redevelopment Law (Health and Safety Code Section
33334.2), a minimum of twenty percent of all tax increments allocated to
the Agency shall be used for the purposes of expanding and increasing the
community' s supply of low- and moderate-income housing available at
affordable cost.
Tax increment revenues allocated to the Agency and earmarked for
housing purposes will be used to fund existing and new programs for housing
development and rehabilitation in a manner consistent with the Housing
Element of the County' s General Plan. The permitted uses in the Project
Area allow for low-and moderate-income housing.
26.
r
C. Tax Increments
All taxes levied upon taxable property within the Project Area each
year by or for the benefit of the State of California, County of Contra
Costa, any district, or 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 the 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 to the respective taxing
agencies as taxes by, or for said taxing agencies on all other
property are paid. For the purpose of allocating taxes levied by, or
for, any taxing agency or agencies which did not include the territory
of the Redevelopment Project on the effective date of such ordinance,
but to which such territory has been annexed or otherwise included
after such effective date, the assessment roll of the County of Contra
Costa last equalized on the effective date of said ordinance shall be
used in determining the assessed valuation of the taxable property in
the Project on the effective date; and
2. That portion of said levied taxes each year in excess of such
amount shall be allocated to and when collected shall be paid into a
special fund of the Agency to pay the principal of and interest on
loans, monies 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 properties in such Project as
shown by the last equalized assessment roll referred to in paragraph 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 monies 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.
In addition, the division of taxes shall be pursuant to all
applicable provisions of law, including but not limited to Health and
Safety Code Section 33401(b) which states:
The agency may also pay to any taxing agency with territory
located within the Project Area other than the community which
has adopted the project, any amounts of money which the agency
has found are necessary and appropriate to alleviate any
financial burden or detriment caused to any taxing agency by a
- redevelopment project. The payments to a taxing agency in any
single year shall not exceed the amount of property tax revenues
which would have been received by the taxing agency if all the
property tax revenues from the project area had been allocated to
27.
all the affected taxing agencies without regard to the division
of taxes required by Health and Safety Code Section 33670, except
that a greater payment may be established by agreement between
the agency and one or more taxing agencies, except a school
district, if such other taxing agencies agree to defer payments
for one or more years in order to accomplish the purposes of the
project at an earlier time than would otherwise be the case. the
amount of any such greater payments shall not exceed the amount
of payment deferred. The payments shall be approved by a
resolution adopted by the redevelopment agency, which shall
contain findings, supported by substantial evidence, that the
redevelopment project will cause or has caused a financial burden
or detriment to the taxing agency and that the payments are
necessary to alleviate the financial burden or detriment.
The requirement that the agency may make payments to a taxing
entity only to alleviate a financial burden or detriment as
defined in Section 33012, and only after approval by a resolution
which contains specified findings, shall apply only to payments
made by an agency pursuant to an agreement between an agency and
a taxing entity which is executed by the agency on or after the
effective date of amendments to this section enactedby the
Statues of 1984.
The portion of taxes mentioned in paragraph 2 above may be
irrevocably pledged by the Agency for the payment of the principal and
the interest on money loaned, advanced, or any indebtedness (whether
funded, refunded, assumed or otherwise) by the Agency to finance or
refinance in whole or in part, the Project.
The Agency is authorized to make such pledges as to specific
advances, indebtednesses, and other obligations as appropriate, in
carrying out the Project.
The following limitations are placed on the period for incurring
indebtedness and on the total number of tax increment dollars to be
allocated to the Project:
1. No advances or indebtedness shall be established or incurred. by
the Agency after the expiration of 39 years from the date upon
which this Plan is adopted without further amendment of the Plan.
2. No more than $170,000,000 of tax increments may be divided and
allocated to the Agency without further amendment of this Plan.
3. No more than $80,000,000 in bonded indebtedness to be repaid in
whole or in part from tax increments may be outstanding at any
one time without further amendment of this Plan.
28.
D. Bonds
The Agency may issue its bonds for any corporate purpose or for the
purpose of refunding bonds it has previously issued. The principal and
interest payable on such bonds may be paid from:
1. the income and revenues of the Project;
2. the tax increment funds allocated to the Agency;
3. the Agency' s revenues generally;
4. taxes imposed pursuant to 7202.6 of the Revenue and Taxation Code
which are pledged therefor;
5. any contributions or other financial assistance from the state or
local government;
6. repayment of loans or other form of indebtedness to the Agency;
7. private parties;
S. any other source permitted by law; or
9. any combination of the above sources.
E. Other Loans, Grants and Advances
Any other loans, grants, or financial assistance from any other public
or private source may be utilized if available.
PART VIII . ACTIONS BY THE COUNTY
The County shall aid and cooperate with the Agency in carrying out this
Plan and shall take all actions necessary to ensure the continued fulfillment of
the purposes of the Plan to prevent the recurrence or spread in the area of
conditions causing blight. Action by the County may include, but shall not be
limited to, the following:
A. Acquisition of any real and personal property inside or outside the Project
Area required as right-of-way for circulation improvements; demolition and
removal of structures on such acquired property; and preparation of such
property for construction. The costs to the County of such acquisition,
demolition and site preparation may be reimbursed by the Agency from
Project revenues.
B. Construction of any public improvements serving the purposes of this Plan.
The costs to the County of such construction may be reimbursed by the
Agency from Project revenues.
C. -Establishment of an assessment district mechanism to collect fees from
property developers within the Project Area for purposes of Project
financing.
29.
V
D. Initiation and completion of proceedings for opening, closing, vacating,
widening, or changing the grades of streets, alleys, and other public
right-of-ways, as. appropriate to carry out this Plan.
E. Initiation and completion of proceedings necessary for changes and
improvements in publicly-owned utilities within or affecting the Project
Area.
F. Imposition wherever necessary (by subdivision approval , onditional use
permits or other means) of appropriate controls, within the limits of this
Plan, upon parcels in the Project Area to ensure their property development
and use.
G. Provision for administrative enforcement of this Plan.
H. Performance of the above, and of all other functions and services relating
to public health, safety, and physical development normally rendered by the
County, in accordance with a schedule that will permit the development of
the Project Area to be commenced and carried to completion without un-
necessary delay.
PART IX. ENFORCEMENT
After development, the administrative enforcement of this Plan or other
documents implementing this Plan shall be performed by the County or the Agency.
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 County. 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.
PART X. DURATION
With the exception noted below, the provisions of this Plan shall be
effective and -the provisions of other documents formulated pursuant to this Plan
may be made effective until forty (40) years from the date of adoption of the
plan.
The nondiscrimination and nonsegregation provisions contained in Part VI
shall run in perpetuity.
PART XI . SEVERABILITY
If any provision, section, subsection, subdivision, sentence., clause or
phrase of the Plan is for any reason held to be invalid or unconstitutional ,
such decision shall not affect the validity of the remaining portion or portions
of the Plan.
30.
PART XII . PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in the
Redevelopment Law (California Health and Safety Code Section 33450 and 33458) or
by any other procedure hereafter established by law.
PART XIII . AUTHORITY OF THE AGENCY
To the extent legally permissible, the Agency is hereby authorized to
undertake any redevelopment activity or exercise any power not already included
herein, provided such action is not inconsistent with this Plan.
GER:jt/krc
Oakley Redevelopment Plan
oakrdev.pro
31.
e
EXEIIBIT "A"
CIARIEY UMCENwr PROTECT
Boundary Description
A portion of Sections 22 thru. 27 and 36, T2N, R2E, and a portion of
Sections 30 & 31, T2N, R3E, Mount Diablo Base and Meridian, situated in the
unincorporated area of Contra Costa County, California and described as
follows:
Reference to maps, documents, boundary lines, and ownerships are to Official
Records of said County.
Beginning at southwest corner of Section 22, T2N, R2E at the centerline
intersection of Oakley Road and Neroly Road; thence along the west line of
Section 22, northerly 3,100 feet, more or less, to the westerly prolongation
of the north line of Maurice and Geneva Ledge parcel recorded February 14,
1984 in Volume 11654 at page 20; thence along said prolongation, north
89024' east 30 feet, to the northwest corner of said Lodge parcel (11654
O.R. 20) ; thence along the boundary of said Ledge parcel, north 890241 east
625 feet and south 000131 west 430 feet, to the north line of State Highway;
thence along said north line, easterly 4,300 feet, more or less, to the
northeasterly line of Atchison Topeka and Santa Fe Railroad Company right of
way; thence along said northeasterly line in a general southeasterly
direction 12,300 feet, more or less, to the west line of Marsh Creek right
of way described in PARCEL 1 to Contra Costa County Flood Control and Water
Conservation District recorded December 31, 1965 in Volume 5012 at page 341;
thence along the west line of Marsh Creek right of way (as described in
Volume 5012 at page 341 and continued in Volume 4678 at page 485) in a
general southerly direction 2,000 feet, more or less, to the south line of
PARCEL 11D" filed May 27, 1965 in Licensed Surveyor's Map Book 34 at page 40;
thence along said south line, south 89054' west 481.58 feet, to the east
line of Almond Avenue; thence along said east line in a general southerly
direction 3,400 feet, more or less, to the south line of Gilda Mae Nunnally
parcel recorded March 24, 1960 in Volume 3583 at page 254; thence along said
south line, east 1,292.49 feet, to the west line of Subdivision MS 18-81
filed January 12, 1982 in Parcel Map Book 99, at page 21; thence along said
west line, South 0004210511 west 670.87 feet, to the northwest corner of
Subdivision MS 63-77 filed August 1, 1978 in Parcel Map Book 68 at page 25;
thence along the boundary of MS 63-77, south 00046111" west 652.57 feet and
south 89029123" east 1,322.24 feet, to the northeast corner of PARCEL t1C11
filed May 31, 1966 in Licensed Surveyor's Map Book 42 at page 43; thence
along the boundary of PARCEL, "C", south 00012' west 505.62 feet and west
228.82 feet; thence along the boundary of PARCEL "B" (42 LSM 43) , West 215.7
feet and north 00028130" east 9.85 feet, to the northeast corner of Sub-
division MS 101-70 filed April 21, 1971 in Parcel Map Book 16 at page 20;
thence along the north line of MS 101-70, south 8902314511 west 2,171.08
feet, to the east line .of Almond Avenue; thence crossing Almond Avenue,
westerly 53 feet, more or less, to the southeast corner of Lawrence and
Lillian P. Smith parcel recorded August, 7, 1967 in Volume 5426 at page 159;
thence along the south line of said Smith parcel and along the prolongation
thereof, west 1,565.6 feet, to the southwest corner of Melvin H. and Bobbie
Jo Treat parcel recorded March 29, 1963 in Volume 4333 at page 652; thence
C
OAFLEY IUIEVEUJPM= PRaTE=---B0UNDABY "RE IPIZCN
along the west line of said Treat parcel and along the prolongation thereof,
north 512.64 feet, to the northwest corner of subdivision MS 14-85 filed
October 21, 1985 in Parcel Map Book 119 at page 8; thence along the north
line of MS 14-85 and along the prolongation thereof, south 8902812211 east
1,558 feet, to the west line of Almond Avenue; thence along said west line
in a general northerly direction 5,000 feet, more or less, to the south line
of PARCEL, "A" Tract 6356 files September 14, 1983 in Map Book 273 at page 3;
thence along the south line and west line of said PARCEL "A", westerly and
northerly a total of 1,624.61 feet, to the south line of West Cypress Road;
thence along said south line in a general westerly direction 6,000 feet,
more or less, to the southerly prolongation of the west line of Tract 2238
filed March 29, 1961 in Map Book 82 at page 3; thence along said prolonga-
tion and west line, north 00053145" east 165 feet, to the north line of
Tract 2238; thence along said north line and along the prolongation thereof,
south 89014155" east 1,047.81 feet, to the northeast corner of Lenny T. and
Joanne L. Byer parcel recorded February 8, 1966 in Volume 5053 at page 81;
thence along the prolongation of the east line of said Byer parcel, north
264.96 feet, to the south line of Tract 3853 filed June 30, 1969 in Map Book
126 at page 48; thence along said south line, north 89014130" west 30 feet,
more or less, to the most southeasterly corner of Tract 6865 filed November
17, 1987 in Map book 318 at page 10; thence along the boundary of Tract
6865, north 00053157" east 253.74 feet, north 89007102" west 482.25 feet,
north 00053157" east 1,446.97 feet, .south 89007102" east 482.25 feet, north
00053157" east 156 feet, north 89007102" west 723.76 feet, and south
00052158" west 1,858.32 feet, to the southwest corner of Tract 6865, being
also the southeast corner of Albert Romiti parcel recorded July 29, 1987 in
Volume 13804 at page 66; thence north 89014144" west 282.61 feet to the
southwest corner of said Romiti parcel; thence along the west line thereof
and its prolongation, north 00052115" east. 979.92 feet, to the south line of
Daniel D. and Bonnie V. McLain parcel recorded April 16, 1965 in Volume 4848
at page 393; thence along said south line, west 16.5 feet, to the east line
of Tract 5500 filed November 12, 1980 in Map Book 247 at page 28; thence
along said east line, north 00053138" east 951.71 feet, to the southeast
corner of Lot 85 (247 M 28) thence along the boundary of Lot 85, north
89006122" west 200.01 feet and north 00053126" east 100 feet, to the south
line of Lot 83 (247 M 28) ; thence north 89006134" west 60 feet to the south-
east corner of PARCEL, "A" (247 M 28) ; thence south 78000143" west 325 feet,
more or less, to the southwest corner of Lot 77 (247 M 28) ; thence crossing
Gardenia Avenue, westerly 65 feet, more or less, to the northeast corner of
Lot 76 (247 M 28) ; thence north 89007141" west 353.34 feet to the northwest
corner of Lot 71 (247 M 28) being a point on the east line of Tract 6055
filed September 6, 1981 in Map Book 257 at page 38; thence along the
boundary of Tract 6055, north 00052110" east 29.55 feet, north 89007106"
west 100 feet, north 00052110" east 201 feet, north 89007106" west 403.6
feet, and south 00053151" west 200 feet, to the northeast corner of Tract
3932 filed June 26, 1972 in Map book 147 at page 38; thence along the north
line of Tract 3932, north 89009135" west 170 feet, to the southeast corner
of Tract 4766 filed June 17, 1981 in Map Book 253 at page 39; thence along
the boundary of Tract 4766, north 00050106" east 199.13 feet, north
2
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A
I �
OAKLE J:+i1✓111Li,1 BOUN L']R.L DESCRJ_Cll\..3\
88058'39" west 169.76 feet, southwesterly 31.46 feet along the arc of a
curve concave to the southeast with a radius of 20 feet, and south 00053110"
west 179.68 feet, to the southwest corner of. Tract 4766; thence crossing
.Teakwood Drive, north 89009135" west 60 feet, to the northeast corner of Lot
1, Tract 3932; thence along the boundary of Tract 3932, North 89009135" west
200 feet, and north 00053110" east 5 feet, north 89009135" west 200 feet,
and south 00053110" west 648.52 feet, to northeast corner of Tract 6010
filed January 10, 1983 in Map Book 267 at page 50; thence along the north
line of Tract 6010, north 89003158" west 479.12 feet, to the northeast
corner of Tract 4617fi.led August 31, 1977 in Map Book 202 at page 9; thence
along the north line of Tract 4617, north 89003158" west 154.96 feet, south
60026156" west 136.34 feet, and south 86014126" west 530.77 feet, to the
east line of Empire Avenue; thence south 86014126" west 56 feet, more or
less, to the west line of Empire Avenue; thence along said west line, north
1,000 feet, more or less, to the south line of Oakley Road; thence along
said south line, west 5,255 feet, more or less, to the centerline of Neroly
Road on the west line of Section 27, T2N, R2E; thence along said west line,
northerly 30 feet, to the southwest corner of Section 22, the Point of
Begiing•
EXC MIM I:
Tract 4454 (Eagle Park No. 1) filed in map book 195 at page 47; Tract 5674
(Walnut Estates) filed in Map book 251 at page 4, and all except Lot 134 of
Tract 6634 (Oakley Ranch) filed in Map Book 306 at page 23.
Containing 916 acres of land, more or less.
IH:drg
w05561.1egal
December 22, 1989
3