Northshore Redevelopment Plan 2000-2005
TABLE OF CONTENTS
- [§303] Opportunities for Owners and Business Tenants
- [§304] Rules for Participation Opportunities, Priorities, and Preferences
- [§305] Participation Agreements
- [§306] Conforming Owners
F. [§312] Payments to Taxing Agencies to Alleviate Financial Burden
G. [§313] Relocation of Personal, Business Concerns, and Other Displaced by the Project [§316] Demolition, Clearance, and Building and Site Preparation
I. [§319] Property Disposition and Development
1. [§320] Real Property Disposition and Development
a. [§321] General
b. [§322] Disposition and Development Documents
c. [§323] Development by the Agency
d. [§324] Development Plans
2. [§325] Personal Property Disposition
J. [§326] Rehabilitation, Conservation, and Moving of Structures
1. [§327] Rehabilitation and Conservation
2. [§328] Moving of Structures
K. [§329] Low- and Moderate-Income Housing
1. [§330] Replacement Housing
2. [§331] Inclusionary Housing
3. [§332] Increased and Improved Housing Supply
- [§407] Public Rights-of-Way
- [§408] Other Public, Semi-Public, Institutional, and Nonprofit Uses
- [§409] Interim Uses
- [§410] Nonconforming Uses
- [§412] Construction
- [§413] Rehabilitation and Retention of Properties
- [§414] Limitation of the Number of Buildings
- [§415] Number of Dwelling Uses
- [§416] Limitation of Type, Size, and Height of Buildings
- [§417] Open Spaces, Landscaping, Light, Air, and Privacy
- [§418] Signs
- [§419] Utilities
- [§420] Incompatible Uses
- [§421] Nondiscrimination and Nonsegregation
- [§422] Subdivision of Parcels
- [§423] Minor Variations
ATTACHMENTSAttachment No. 1: Legal Description of the Project Areas
Attachment No. 2: Project Area Map
I. [§100] INTRODUCTION
This is the Redevelopment Plan (the "Plan") for the Northshore Redevelopment Project (the "Project") in the County of Lake (the "County"), State of California; it consists of the text, the Legal Description of the Project Area Boundaries (Attachment No. 1), the Project Area Maps (Attachment No. 2), the Redevelopment Land Use Maps (Attachment No. 3), and the Proposed Public Improvements (Attachment No. 4). This plan was prepared by the Lake County Redevelopment Agency (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"), which includes four Sub-Areas: Glenhaven/Clearlake Oaks; Lucerne; Nice; and Upper Lake (the "Sub-Areas") as described in this Plan conforms to the Lake County General Plan, adopted by the Lake County Board of Supervisors (the "Board of Supervisors") by Resolution No. 81-504 on November 24, 1981, as amended and as may be further amended from time to time (the "General Plan").
This Plan is based upon a Preliminary Plan formulated and adopted by the Lake County Planning Commission (the "Planning Commission") by Resolution No. 99-243 on December 1, 1999, as amended by Resolution No. 2000-1 on May 25, 2000, and as amended by Resolution 2000-2 on August 24, 2000.
This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the area within the Project Area. Because of the long-term nature of this Plan and the need to retain in the Agency flexibility to respond to market and economic conditions, property owner and developer interests, and opportunities from time to time presented for redevelopment, this Plan does not present a precise plan or establish specific projects for the redevelopment, rehabilitation, and revitalization of any area within the Project Area, nor does this Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the community relating to the Project Area. Instead, this Plan presents a process and a basic framework within which specific plans will be presented, specific projects will be established, and specific solutions will be proposed and by which tools are 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 unsafe or unhealthy for persons to live or work, small and irregular shaped lots in multiple ownership, obsolete and aged building types, vacant buildings and lots; inadequate parking; 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 establishment of town centers in each of the Sub-Areas that will assist in the strengthening of community identity and civic pride.|
|G.||The improvement of the visual quality of the Highway 20 scenic corridor as it passes through each Sub-Area and the reduction of the dividing effects of Highway 20 in those Sub-Areas.|
|H.||The strengthening of the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new residential, commercial, and industrial expansion, employment, and social and economic growth.|
|I.||The provision of adequate land for parking and open spaces.|
|J.||Improved and expanded public access to Clear Lake.|
|K.||The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project.|
|L.||The expansion, improvement, and preservation of the community's supply of housing available to low- and moderate-income persons and families.|
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:
|1.||The acquisition of certain real property and encouraging and facilitating the assembly of adequate sites for the development and construction of residential, commercial, industrial and public facilities;|
|2.||The demolition or removal of certain buildings and improvements;|
|3.||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;|
|4.||The management of any property acquired by and under the ownership and control of the Agency;|
|5.||Providing relocation assistance to displaced Project occupants;|
|6.||The installation, construction, or reconstruction of streets, utilities, and other public improvements;|
|7.||The disposition of property for uses in accordance with this Plan;|
|8.||The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; and|
|9.||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
1. [§303] Opportunities for Owners and Business Tenants
In accordance with this Plan and the rules for participation adopted by the Agency pursuant to this Plan and the Community Redevelopment Law, persons who are owners of real property in the Project Area shall be given a reasonable opportunity to participate in the redevelopment of the Project Area consistent with the objectives of this Plan.
The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to participate in the redevelopment of the Project Area or to reenter into business within the redeveloped Project Area if they otherwise meet the requirements prescribed in this Plan and the rules for participation adopted by the Agency.
2. [§304] Rules for Participation Opportunities, Priorities, and Preferences
In order to provide opportunities to owners to participate in the redevelopment of the Project Area and to extend reasonable preferences to businesses to reenter into business within the redeveloped Project Area, the Agency shall promulgate rules for participation by owners and the extension of preferences to business tenants for reentry within the redeveloped Project Area. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and business tenants. Some of the factors to be considered in establishing these priorities and preferences may include a participant's length of occupancy in the area; accommodation of as many participants as possible; similarity of land use; the necessity to assemble sites for integrated, modern development; conformity of a participant's proposal with the intent and objectives of this Plan; and service to the community of a participant's proposal.
In addition to opportunities for participation by individual persons and firms, participation shall be available for two or more persons, firms, or institutions to join together in partnerships, corporations, or other joint entities.
Participation opportunities shall necessarily be subject to and limited by such factors as: (1) the elimination and changing of land uses; 2) the construction, widening, or realignment of streets; (3) the ability of participants to finance acquisition and development or rehabilitation in accordance with this Plan and development criteria adopted by the Agency in implementation of this Plan; (4) the reduction in the total number of individual parcels in the Project Area; and (5) the construction or expansion of public facilities.
3. [§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 or any interest therein may be acquired by the Agency and sold or leased for rehabilitation or development in accordance with the authority provided in 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. [§307] Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good.
The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval.
The Agency may impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies will conform to the requirements of this Plan. To the extent now or hereafter permitted by law, the Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements (within or without the Project Area), which land, buildings, facilities, structures, or other improvements are or would be of benefit to the Project.
D. [§308] Property Acquisition
1. [§309] Real Property
Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law, including, but not limited to eminent domain, except that the Agency is not authorized to acquire property on which persons reside through the use of Eminent Domain.
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 by eminent domain 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 but not limited to eminent domain, except that the Agency is not authorized to acquire personal property from real property on which persons reside through the use of 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 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
1. [§317] Demolition and Clearance
The Agency is authorized to demolish and clear buildings, structures, and other improvements from real property in the Project Area as necessary and lawful to carry out the purposes of this Plan.
2. [§318] Preparation of Building Sites
The Agency is authorized to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks, playgrounds, and other public improvements necessary to carry out this Plan. The Agency is also authorized to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for residential, commercial, industrial, public, and other uses provided for in this Plan.
Prior consent of the Board of Supervisors is required for the Agency to develop sites for commercial or industrial use by providing streets, sidewalks, utilities, or other improvements which an owner or operator of the site would otherwise be obliged to provide.
I. [§319] Property Disposition and Development
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 County 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.
b. [§322] Disposition and Development Documents
To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, is subject to the provisions of this Plan.
The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan.
Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Lake 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; (9) street improvements; (10) flood control; and (11) storm drainage.
The Agency may enter into contracts, leases, and agreements with the County 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.
All development plans (whether public or private) shall be submitted to the County for approval and architectural review. All development in the Project Area must conform to County design review standards.
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.
J. [§326] Rehabilitation, Conservation, and Moving of Structures
1. [§327] Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Project Area owned by the Agency. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move, and conserve buildings of historic or architectural significance.
2. [§328] Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any standard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project Area.
K. [§329] Low- and Moderate-Income Housing
1. [§330] Replacement Housing
In accordance with Section 33334.5 of the Community Redevelopment Law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of the Project, the Agency shall, within four (4) years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the Project Area or within the territorial jurisdiction of the Agency in accordance with all of the provisions of Sections 33413 and 33413.5 of said Community Redevelopment Law.
2. [§331] Inclusionary Housing
Whenever new or substantially rehabilitated dwelling units are developed by the Agency or by other public or private entities or persons within the Project Area, the Agency shall comply with the inclusionary housing requirements set forth in subdivision (b) of Section 33413 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 County'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.
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.Top
B. [§402] Designated Land Uses1. [§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.
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.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
1. [§407] Public Rights-of-Way
As illustrated on the Redevelopment Land Use Map (Attachment No. 3), the major public streets within the Project Area are as follows:
|A.||North-South Streets:||Oak Grove Ave.
|B.||East-West Streets:||State Highway 20
|A.||North-South Streets:||Mendenhall Ave.
|B.||East-West Streets:||State Highway 20
|A.||North-South Streets:||Bartlett Springs Road
State Highway 20
County Club Dr.
|B.||East-West Streets:||Lakeshore Blvd.
|A.||North-South Streets:||Lakeview Dr.
|B.||East-West Streets:||State Highway 20
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 County's design standards, shall be effectuated in the manner prescribed by state and local law, and shall be guided by the following criteria:
|a.||A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder;|
|b.||The requirements imposed by such factors as topography, traffic safety and aesthetics; and|
|c.||The potential need to serve not only the Project Area and new or existing developments but to also serve areas outside the Project by providing convenient and efficient vehicular access and movement.|
The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way.
2. [§408] Other Public, Semi-Public, Institutional, and Nonprofit Uses
In any area shown on the Redevelopment Land Use Map (Attachment No. 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 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 the 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.
3. [§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.
4. [§415] Number of Dwelling Units
The number of dwelling units permitted in the Project Area shall not exceed the number of dwelling units permitted under the General Plan.
5. [§416] Limitiation 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 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 County sign ordinances and other requirements as they now exist or are hereafter amended. Design of all proposed new signs shall be submitted to the County prior to installation for review and approval pursuant to the procedures of this Plan.
8. [§419] Utilities
The Agency shall require that all utilities be placed underground whenever physically and economically feasible.
9. [§420] Incompatible Uses
No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors, as determined by the Agency, would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area.
10. [§421] Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based upon race, color, creed, religion, sex, marital status, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area.
11. [§422] Subdivision of Parcels
No parcel in the Project Area, including any parcel retained by a participant, shall be subdivided without the approval of the County.
12. [§423] Minor Variations
Under exceptional circumstances, the Agency is authorized to permit a variation from the limits, restrictions, and controls established by this Plan. In order to permit such variation, the Agency must determine that:
|a.||The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan;|
|b.||There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls;|
|c.||Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and|
|d.||Permitting a variation will not be contrary to the objectives of this Plan or of the General Plan.|
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 County 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 is the subject of a disposition and development or participation agreement with the Agency and any other property, in the discretion of the Agency, in accordance with architectural, landscape, and site plans submitted to and approved in writing by the Agency. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan.
F. [§425] Building Permits
No permit shall be issued for the construction of any new building or for any construction on an existing building in the Project Area from the date of adoption of this Plan until the application for such permit has been approved and processed in a manner consistent with all County requirements. An application shall be deemed consistent with this Plan if it is consistent with the General Plan, applicable zoning ordinances and any adopted design for development.
The Agency is authorized to establish permit procedures and approvals in addition to those set forth above where required for the purposes of this Plan. Where such additional procedures and approvals are established, a building permit shall be issued only after the applicant for same has been granted all approvals required by the County 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 County, 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 County 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 County. The County, as it is able, may also supply additional assistance through County loans and grants for various public facilities.
The County 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 Lake, any district, or any other public corporation (hereinafter sometimes called "taxing agencies"), after the effective date of the ordinance approving this Plan shall be divided as follows:
|1.||That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the Project on the effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date, the assessment roll of the County of Lake, 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 County or the state, nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency, and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
The amount of bonded indebtedness to be repaid in whole or in part from the allocation of taxes described in subdivision 2 above which can be outstanding at any one time shall not exceed FIFTY MILLION DOLLARS ($50,000,000).
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 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 this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the County 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 County shall include the requirement of abandonment, removal, and relocation by the public utility companies of their operations of public rights-of-way as appropriate to carry out this Plan provided that nothing in this Plan shall be construed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such cost.|
|B.||Provision of advances, loans, or grants to the Agency or the expenditure of funds for projects implementing this Plan as deemed appropriate by the County 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 County after development. The County 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.|
|I.||The undertaking and completing of any other proceedings necessary to carry out the Project.|
The foregoing actions to be taken by the County do not involve or constitute any commitment for financial outlays by the County unless specifically agreed to and authorized by the County.
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 County.
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.
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 Board of Supervisors; 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.Top
Attachment No. 1 Legal Description of the Project Areas
- Glenhaven/Clearlake Oaks Redevelopment Area
- Lucerne Redevelopment Area
- Nice Redevelopment Area
- Upper Lake Redevelopment Area
- Northshore Project Area
- Upper Lake Project Area
- Nice Project Area
- Lucerne Redevelopment Area
- Glenhaven/Clearlake Oaks Project Area
Attachment No. 3 Redevelopment Land Use Map
Attachment No. 4 Proposed Public Improvements
The following public improvements are anticipated to be provided in the Project Area.
1. Town Centers Public Area Improvements
This project involves improvements to implement the policies of the General Plan, including reconstruction of sidewalks; bulb cuts at intersections; new surfaces at crosswalks; replacement of street trees; the provision of grates; the provision of irrigation to street trees; the provision of new street furniture such as benches, street lights, community signs, trash receptacles, bollards, sign directories and related facilities; the provision of new ornamental street lights; the provision of other landscaped areas; undergrounding of utilities; and new parking lots. Specific areas under consideration for the development of Town Centers include:
|a.||Main Street Upper Lake, which would include all of the above amenities.|
|b.||The vicinity of Hinman Park in Nice, which would include all of the above amenities.|
|c.||A portion of 13th Avenue in Lucerne extending from Highway 20 to the north. This could involve providing retail and professional office space and/or both of these mixed with residential space in a mixed use project. This might include all of the above amenities.|
|d.||The vicinity in Clearlake Oaks along Highway 20 between the two intersections with Foothill Boulevard.|
2. Community Building Façade
This project involves the development of community design standards, provision of capital in the form of revolving low interest loans and perhaps grants to be made available to property owners and business owners in designated areas of each of the Project Area communities for building façade improvements and historic preservation programs consistent with the intent of the General Plan. In addition, the Agency will provide some assistance to seismically retrofit existing unreinforced structures to minimize earthquake hazards, provide assistance to critical facilities needing fire sprinklers, lighting, and other safety improvements to comply with the County's Building Code, and upgrade commercial buildings to meet federal and state requirements such as the Americans with Disabilities Act.
3. Frontage and Property Improvement Project
This project will involve the provision of low interest loans to private property owners who are involved in frontage improvement projects that enhance the pedestrian circulation system and the surface drainage system through the provision of curbs, gutters, and sidewalks. There may be other projects under this category, such as assistance to property owners to abate nuisances or to assist in development activities.
4. Social, Cultural, Recreation, Waterfront, and Arts Improvement
This project will involve providing community social and recreational opportunities throughout the Project Area, including the provision of neighborhood parks, community parks, community open spaces, greenways, public buildings, public gathering spaces, and other park and recreation facilities. This may involve funding for a public or privately owned marina and improving public shoreline access to connect with other County waterfront pathways and roads. This project may involve assistance in the creation of cultural arts improvements. Specific preliminary concepts include:
|a.||An improved park in Nice in the vicinity of Highway 20 and Collier with facilities to include ball fields and restrooms.|
|b.||A greenway along the lakefront in Lucerne which would consist of increasing the sizes of the parks (Alpine, Lucerne Harbor and the Lucerne Clubhouse Park) as parcels became available.|
|c.||A community center in Clearlake Oaks which would provide facilities to seniors, youth and the general population. A large multipurpose room (large meetings, basketball, etc.), small rooms for club meetings, bands, possibly kitchen for "meals on wheels," and possibly a child care facility.|
|d.||A publicly or privately owned marina (approximately 50 slips) in the vicinity of Keeling Park in Nice.|
5. Affordable Housing Rehabilitation
This project involves the rehabilitation of housing, which will be financed with deposits from the low and moderate income housing fund. Redevelopment is necessary to address a broad spectrum of housing needs, including assistance in increasing or improving housing for very low, low, and moderate income households. This may include provision for condition inspections and repairs. Housing project costs include administration and contingencies.Top
6. Affordable New Housing Construction
This project involves the provision of funding either in the form of grants or low interest loans to support the development of new housing for very low, low, and moderate income families. Housing project costs include administration and contingencies.Top
7. Response to Depreciated or Stagnant Property Values and Vacant Lots and Buildings, and of Acquisitions Necessary for Effective Redevelopment
This project involves the provision of capital to address depreciated or stagnant property values and vacant lots and buildings within the Project Area. This may involve acquisition, consolidation, relocation, and related activities including but not limited to developer assistance, traffic circulation improvements, commercial rehabilitation assistance, and conversion assistance.Top
8. Development Impact Fee Assistance
This project involves the provision of grants or low interest loans to assist developers in dealing with development impact fees for traffic, storm drainage, sewer and water, tree mitigation, and/or other programs. Assessment of these mitigation costs may result in total development costs in excess of those which can be supported when combined with required on-site, off-site, and customary development costs. Development fee assistance would be provided when such burden is demonstrated by a developer.Top
9. Landscaping, Gateway, Bicycle, and Pedestrian Improvements
This project involves the provision of landscaping improvements in the Project Area using the County's adopted plans. This may also involve the creation of gateway entries along arterial streets, highways, and may involve new signing, landscaping, and landmark development. In addition, pedestrian and bicycle circulation systems connecting residential and commercial areas may be enhanced to provide both circulation enhancements and aesthetic opportunities such as undergrounding of utilities.
|a.||Gateway entrance to Main Street Upper Lake which could include an overhead arched sign, curbs, gutters and sidewalks, landscaping, lighting, etc.|
|b.||Undergrounding of utilities along Highway 20 in each community.|
|c.||Pedestrian and bicycle enhancements along Lakeshore Blvd. in Nice.|
|d.||Undergrounding utilities along 13th Street in Lucerne.|
10. Streets and Roads
Street and road improvements, including: reconstruction improvements; widenings; sidewalk, curb and gutter improvements; street lighting; street drainage improvements; and traffic circulation improvements, including geometric and signalization improvements.
|a.||Main Street Upper Lake, in conjunction with Project 1a and 9a, could include reconstruction, street lighting.|
|b.||Streets in the vicinity of Hinman Park (Levy, Boggs, Keeling and Crump), Nice could include street reconstruction, street lighting, traffic circulation improvements, curbs, gutters and sidewalks.|
|c.||Lakeshore Blvd. in Nice east of marina could include traffic calming efforts such as low wide speed bumps or curving or one way traffic to improve pedestrian and bicycle use of the road.|
|d.||13th Avenue Lucerne could include reconstruction, street lighting, and traffic circulation improvements.|
|e.||In Clearlake Oaks, Foothill Blvd., Acorn Street and the Plaza may include reconstruction, street lighting and curbs, gutters and sidewalks.|
11. Storm Drainage Facilities
Storm drain improvements, including new or expansion of existing culverts, channels and inlets; and new or upsizing of roadway culvert crossings, or other facilities. Decisions as to locations will be made after completion of the drainage study for this area.Top
12. Water System Improvements
Water system improvements, including new or upsizing of water transmission lines; new or upsizing of water distribution mains; valve improvements; hydrant improvements; and service lateral improvements. Improve the appearance of water treatment facilities.Top
13. Sewage System Improvements
Sewage system improvements, including assisting the Basin 2000 project, refurbishing or replacement of existing deteriorated main lines, and new sewer main extensions. Possible assistance in the construction and installation of a sewer system for the community of Glenhaven to replace current septic systems along lake shoreline area.Top
14. Conference Center
This project involves the provision of a facility appropriate for use by individuals and organizations for special events and to generate economic activity. The project will include site acquisition, as necessary parcel consolidation, relocation, development, and management of the facility. While a specific location has not been identified for this facility, the community of Nice is the only community with sufficient depth between Highway 20 and the lakeshore to allow the desired lakeside location. The area between the marina at Howard Blvd. and the World Mark time shares at 3927 Highway 20 would provide a central location.Top
15. Consolidate Paper Subdivision Parcels
This project involves consolidation of the small irregularly shaped parcels in multiple ownership in what are referred to as the paper subdivisions of Nice and Lucerne. The density for these areas would vary between five to twenty acre parcels, depending on topography. Using a conservative average density of one unit per ten acres for Nice, the 263 acres would produce approximately 26 parcels suitable for single family homes. In Lucerne, an average density of 12.5 acres per parcel is estimated due to greater slopes, producing an estimated 88 single family residential parcels.Top
16. Project Contingencies
This project involves the establishment of a redevelopment contingency fund equal to approximately five percent of the estimated tax increment for non-housing projects. As previously noted, the Housing Project costs include contingencies.Top
17. Redevelopment Agency Administration
This expense involves the cost associated with managing and administering the non-housing projects over the life of the Redevelopment Plan. As noted, the estimated costs for administering the housing projects is included in those programs.