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1979-12 RESOLUTION NO . CRA-79-12 A RESOLUTION OF THE GRAND TERRACE REDEVELOPMENT AGENCY ADOPTING AND APPROVING ITS REPORT ON THE I REDEVELOPMENT PLAN, AND TRANSMITTING THE REPORT AND THE REDEVELOPMENT PLAN FOR THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT TO THE CITY COUNCIL WHEREAS, the Grand Terrace Community Redevelopment Agency has prepared a Redevelopment Plan for the Grand Terrace Community Redevelopment Project in compliance with the California Community Redevelopment Law (Health and Safety Code, Sections 33000„ et seq. ) ; and i WHEREAS, Section 33352 of the California Community Redevelop- ment Law states that every redevelopment plan submitted by the Agency to the Legislative Body shall be accompanied by a report on the plan; I NOW, THEREFORE, the Grand Terrace Community Redevelopment Agency does hereby resolve as follows : ! Section 1. The Grand Terrace Community Redevelopment Agency approves and adopts its report on the Redevelopment Plan for the Grand Terrace Community Redevelopment Project, attached hereto as Exhibit "A" and made a part hereof. I Section 2 . The Executive Director' of the Agency is hereby authorized and directed to transmit the report and the Redevelop- ment Plan for the Grand Terrace Community Redevelopment Project to the City Council of the City of Grand Terrace. Section 3. The Secretary shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. APPROVED AND PASSED this 20th day of September • 1979 I I THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY ® Chairman City of Grand Terrace Community ATTEST: Redevelopment Agency tt Approved as to form; 1 U Secretar]� I City -of Grand Terrace Community Redevelopment Agency (SEAL) y �ney r , STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, Secretary of the City of Grand Terrace Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of said City at a regular meeting of the Community Redevelopment Agency held on the 20th day of September 1979, and that it was so adopted by the following vote: AYES: Members Tillinghast, Erway, Allen, Grant; Chairman Petta NOES: None ABSENT: None Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) r - - STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, Secretary of the City of Grand Terrace Community Redevelopment Agency, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Resolution No.CRA-79-12 of said Agency, and that the same has not been amended or repealed.. DATED: September 20, 1979 Secret�ary of the Cbmmuni.ty Redevelopment Agency of the City of Grand Terrace (SEAL) EXHIBIT "A" COWIUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE GRAND TERRACE , CALIFORNIA i REDEVELOPMENT PLAN FOR THE GRAND TERRACE REDEVELOPMENT PROJECT RESOLUTION NO. CRA-79-12 ADOPTED: September 20, 1979 REDEVELOPMENT PLAN TABLE OF CONTENTS PAGE I. INTRODUCTION 1 II . PROJECT AREA BOUNDARY 1 III. PROPOSED REDEVELOPMENT ACTIONS 2 A. General 2 B. Property Acquisition 2 1. Acquisition of Real Property 2 2 . Acquisition of Personal Property 4 C. Participation by Owners and Tenants 4 1. Opportunities for Owner and t� Tenant Participation 4 2 . Rules for Participation Opportunities . 4 3. Participation Agreements 6 4 . Certificates of Conformance 6 D. Cooperation with Public Bodies 6 E. Property Management 7 F. Relocation of Persons Displaced By, the Project 8 1. Assistance in Finding Other Locations 8 2. Relocation Payments 8 i � r J PAGE i G. Demolition, Clearance, Public Improvements, and Site Preparation 8 1. Demolition and Clearance 8 2 . Public Improvements , Public Facilities and Public Utilities 8 3 . Preparation of Building Sites 9 H. Rehabilitation, Conservation and Moving of Structures by the Agency 9 1. Rehabilitation and Conservation 9 2 . Moving of Structures 10 I . Property Disposition and Development 10 1. Real Property Disposition and Development 10 a. General 10 ' L b. Purchase and Development by Participants 12 C. Purchase and Development Documents 12 d. Development of Publicly Owned Improvements. 13 2 . Personal Property Disposition 13 J. Provision for Low and Moderate Income Housing 14 1. Definition of Terms 14 2 . Authority Generally 14 3 . Replacement Housing 14 ii i PAGE 4 . Relocation Housing 15 IV. USES PERMITTED IN THE PROJECT AREA 15 A. Map 15 B. Residential Uses 15 C. Public Uses 15 1. Rights-of-Way 15 2 . Other Public Uses 16 D. Other Public, Semi-Public , Institutional and Non-profit Uses 16 E. Interim Uses 16 F. Nonconforming Uses 17 G. General Controls and Limitations 17 1. Construction 17 2 . Rehabilitation and Retention of Properties 18 3. Limitation of the Number of Buildings .19 4 . Limitation on Type, Size and Height of Buildings 19 5. Open Spaces , Landscaping, Light, Air and Privacy 19 6 . Utilities 19 7. Incompatible Uses 19 8 . Nondiscrimination and Nonsegregation 20 9. Resubdivision of Parcels 20 iii PAGE 10. Minor Variations 20 H. Design for Development 21 I. Building Permits 21 V. METHODS FOR FINANCING THE PROJECT 23 A. General Description of the Proposed Financing Methods 23 B. Tax Increments 23 C. Other Loans and Grants 26 VI. ACTIONS BY THE CITY 26 VII. ADMINISTRATION AND ENFORCEMENT OF .THE PLAN 27 VIII. DURATION OF THIS PLAN 27 IX. PROCEDURE FOR AMENDMENT 27 REDEVELOPMENT PLAN MAP ATTACHED iv � T . REDEVELOPMENT PLAN FOR THE GRAND TERRACE REDEVELOPMENT PROJECT I. INTRODUCTION The Redevelopment Plan ("Plan" ) for the Grand Terrace - Redevelopment Project ("Project" ) consists of the Text and the Redevelopment Plan Map ("Map" ) . This Plan has been prepared by the Community Redevelopment of the City of the Grand Terrace ("Agency" ) pursuant to the. Community Redevelopment Law of the State of California ("Redevelop- ment Law" ) , the United States Constitution, the Califor- nia Constitution, and all applicable local laws and ordinances. The California Community Redevelopment Law is located in the California Health and Safety Code, Section 33000, et. seq. II. PROJECT.' AREA BOUNDARY The boundary of the Grand Terrace Redevelopment Project area ("Project area" ) is illustrated on the Map. The Legal description of the boundary of the Project area is as follows: (See Exhibit "A" , "Project Boundary Description.") -1- r r III. PROPOSED REDEVELOPMENT ACTIONS A. General The Agency proposes to eliminate and prevent the spread of blight and deterioration in the Project area and by: 1. Providing for participation by owners and tenants of properties located in the Project area by extending preferences to remain or relocate within the redevelopment area; 2. Acquisition of real property; 3. Relocation assistance to displaced Project occupants; 4 . Demolition or removal of certain buildings and improvements; 5. Installation, construction, or reconstruc- tion of streets , utilities, and other public improvements; 6. Assisting development and/or rehabilitation of residences occupied by persons and fami- lies of low and moderate incomes and elimina- ting blighted conditions by using income accrued on such loans in excess of the Agency' s debt service requirements for such purposes; 7. Disposition of property for uses in accordance with this Plan; 8 . Redevelopment of land by private enterprise and public agencies for uses in accordance with this Plan; 9. Making below-market rate loans, thus making housing available to moderate income, and if feasible, low income occupants. B. Property Acquisition 1. Acquisition of 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 -2- gift, devise, exchange , purchase, eminent domain - or any other lawful method. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project area. No eminent domain proceeding to acquire property within the Project area , shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Redevelopment Plan. Such time limitation may be extended only by amendment of this Redevelop- ment Plan. To the extent permitted and in the manner required by law, the Agency may declare specific property within the Project area to be exempt from acquisi- tion by eminent domain under this Plan. The Agency shall have no power of eminent domain as to property so designated, unless this Plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. The Agency shall" not acquire interests in oil , gas , or other mineral or hydrocarbon substances of any kind or character within the Project area, except to preclude the right to explore for, pro- duce or extract such substances through any open- ing or penetration for any purpose connected there- with within 500 feet from the surface of any prop- erty in the Project area. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. -3- 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 (1) such building requires structural alterations , improvement, modernization-, or rehabilitation, or (2) the site or lot on which the building is situated requires mod- ification in size, shape , or use, or (3) it is necessary to impose upon such property any of the standards , restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a par- ticipation agreement. 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 except eminent domain. C. Participation by Owners and Tenants 1. Opportunities for Owner and Tenant Participation The Agency shall extend preferences to persons who are engaged in business in the Project area, to remain and/or reenter in business within the re- developed area if they otherwise meet the require- ments prescribed by the Plan. Residential owners in the Project area shall be extended preference to reenter with a permitted use or business in the redevelopment area if they otherwise meet the re- quirements prescribed by the Plan. The Agency shall also extend preferences to other owners and tenants in the Project area if they otherwise meet the requirements prescribed by the Plan. The Agency is authorized to permit owners and tenants , if they so desire, to purchase and develop real property in the Project area. The Agency is also authorized to permit persons who are owners of real property in the Project area to be given the opportunity to participate -4- in redevelopment by rehabilitation, by retention of improvements , or by new develop- ment by retaining all or a portion of their properties , by acquiring adjacent or other properties from the Agency and by purchasing other properties in the 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 tenants and to determine a solution by consideration of such factors as length of time in the area; accommodation of as many participants as possible; ability to perform; similar land use to similar land use; conformity with intent and purpose of this Plan. In addition to opportunities for participation by individual persons and firms , participation to the extent it is feasible shall be available for two or more persons , firms or institutions , to join together in partnerships , corporations , or other joint entities . Participation is desired in the redevelopment of the Project area by as many owners and tenants as possible . Participation opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities; elimination and changing of land uses ; realign- ment of streets; the ability of owners to finance acquisition and development in accordance with the Plan; any reduction in the total number of individual parcels in the Project area; and assembly and development of areas for public and/or private development in accordance with this Plan. The Agency shall in its sole dis- cretion determine whether an owner participation proposal is consistent with the fulfillment of the Redevelopment Plan. 2 . Rules for Participation Opportunities The Agency shall promulgate rules for owner and tenant participation. -5- 3 . Participation. Agreements Each person desiring to become a participant must be willing to enter into a binding agree- ment with the Agency by which the participant agrees to rehabilitate , develop, or use the property in conformance with the Plan and to be subject to the provisions hereof . In such agreements , participants who retain real prop- erty shall be required to join in the recorda- tion of such documents as are necessary to make the provisions of this Plan applicable to their properties . In the event an owner-participant fails or refuses to rehabilitate or develop his real property pur- suant to this Plan and a participation agreement as defined herein, the real property or any interest therein may be acquired by the Agency and sold or leased for rehabilitation or develop- ment in accordance with this Plan. Whether or not a participant enters into a particip- ation agreement with the Agency the provisions of this Plan are applicable to all public and private property in the Project area. , 4 . Certificates of Conformance As an alternative to requiring a participation agreement for each property not to be purchased or subject to Agency acquisition by eminent domain, the Agency is authorized to make determinations of those properties which conform to the Redevelopment Plan. If such a determination is made by the Agency, the Agency may -issue a Certificate of Conformance to qualifying properties and such property will not be subject to acquisition by eminent domain under this Plan so long as the property continues to con- form to this Redevelopment Plan and to such further terms and conditions as the Agency may require as necessary or appropriate to carry out the Plan. D. Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, -6- 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 bodies in order to accomplish the . purposes of redevelopment and the highest public good. The Agency 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 develop- ment of property in the Project area by a public body shall be subject to Agency approval . The Agency is authorized to financially (and other- wise) assist any public entity in the cost of public land, buildings , facilities , structures , or other improvements (within or outside of the Project area) to the extent permitted by law. The Agency may pay to any taxing agency with ter- ritory located within the Project area, other than the City, any amounts of money which in the Agency ' s determination is appropriate to alleviate any finan- cial burden or detriment caused to such taxing agency by the Project. E. Property Manaqement 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. The Agency may, but is not required to, in any year during which it owns property in the Project area pay from tax increments , if any, actually received by the Agency from the Project directly to all taxing agencies involved an amount of money in lieu of taxes equal to the amount that would have been received by each taxing -7- �- agency had the property not been exempt by virtue of Agency ownership . F. Relocation of Persons Displaced by the Project 1. Assistance in Finding Other Locations The Agency shall assist all persons (including families , business concerns , and others). dis- placed by Agency acquisition of property in the Project area in finding other locations and facilities . In order to carry out the Project with a minimum of hardship to persons displaced from their homes , if any, the Agency shall assist individuals and families in finding housing that is decent, safe , sanitary, within their financial means , in reasonably convenient locations , and otherwise suitable to their needs . 2. Relocation Payments The Agency shall pay all relocation payments re- quired by law. In addition, the Agency may make any additional relocation payments which in the Agency ' s opinion may be reasonably necessary to carry out the purposes of this Plan. Such pay- ments shall be subject to the availability of funds for such purpose. G. Demolition,' Clearance, Public Improvements , and Site Preparation 1. Demolition and Clearance The Agency is authorized to demolish and clear buildings, structures , and other improvements from any real property in the Project area as necessary to carry out the purposes of this Plan. 2. Public Improvements , Public Facilities and Public Utilities To the extent permitted and in the manner required by law, the Agency is authorized to install and construct or to cause to be installed and con- structed the public improvements , public facilities , and public utilities (within or outside the Project area) necessary to carry out the Plan. Such improve- -8- ments , facilities , and utilities include , but are not limited. to, over or underpasses , bridges, streets , curbs , gutters , sidewalks , street lights , sewers , storm drains , traffic signals , electrical distribution systems , parks , plazas , playgrounds , telephone systems , motor vehicle. parking facilities , and land- scaped areas . 3. 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.. H. Rehabilitation, Conservation and Moving of Structures by the Agency 1. Rehabilitation and Conservation The Agency is authorized to conduct a program of assistance to encourage owners of property within the area to upgrade and maintain their property consistent with the Plan and such standards as may be developed for the area . The extent of rehabilitation in the Project area shall be subject to the following limita- tions : a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plan; b. Rehabilitation and conservation activities on a structure must be carried out in an expeditious manner and in conformance with the requirements of this Plan and such Property Rehabilitation Standards as may be adopted by the Agency. C. The expansion of public improvements , facilities and utilities . -9- The Agency is authorized to rehabilitate and conserve or cause to be rehabilitated and con- served buildings and structures in the Project area. . The Agency is also authorized and directed to advise , encourage and assist in the rehabili- tation and conservation of property in..the Project area. The Agency shall cooperate with owners and tenants in the Project area in attempting to obtain low-interest loans or other financial and technical assistance for rehabilitation. The Agency may adopt Property Rehabilitation Standards for the rehabilitation of properties in the Project area. Where there is a conflict between the building requirements set forth in this Plan and such Property Rehabilitation Stan- dards as may be adopted, the Property Rehabilita- tion Standards shall prevail. In establishing standards for rehabilitation, the Agency shall consider the objectives of the Plan established in Section III A. 2 . Movina 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. I . 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 , sub- divide, transfer, assign, pledge , encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. In the manner required and to the extent required by law, such sale , lease or disposition shall be first approved by the City Council after public hearing. l -10 7 To the extent permitted by law, the Agency is authorized to dispose of real property by leases or sales by negotiation without public hearing . 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. Real property may be conveyed by the Agency to the City or any other public body without charge. The Agency shall reserve such powers and controls in the disposition and develop- ment 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. All purchasers or lessees of property shall be made obligated to use the prop- erty for the purposes designated in this Plan, to begin and complete development of the property within a period of time which the Agency fixes as reasonable, and .to comply with other conditions which .the Agency deems necessary to carry out . .the purposes. of this Plan. During the period of development in the Project area, the Agency shall insure 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 is proceeding in accordance with develop- ment documents and time schedules. Development plans , both public and private, shall be submitted to the Agency for approval and architectural review. All development must conform to this Plan -11- and all applicable Federal , State and local laws. b. Purchase and Development by Participants Pursuant to the provisions of this Plan and the rules adopted by the Agency shall to the greatest extent feasible offer real property acquired by the Agency for disposition and development by owner and tenant participants on a preference basis over other persons. C. Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recur- rence 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 , declara- tions of restrictions , provisions of the zoning ordinance, conditional use permits , or other means. Where appro- priate, 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 , convenants running with the land, rights of reverter, conditions subsequent, equitable servitudes , or any other provision necessary to carry out this Plan. All property in the Project area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race , color, _religion, national -12- origin , sex, marital status 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 sub- ject to a participation agreement shall be made expressly subject by appropriate documents to the restriction that all . deeds , leases , or contracts for the sale, sublease, or other transfer of land in the Project area shall contain such non- discrimination and nonse.gregation clauses as are required by law. All deeds , leases , or contracts for the sale , lease, sub- lease or other transfer of any land in the Redevelopment Project shall contain the nondiscrimination clauses prescribed in Section 33436 of the Health and Safety Code of the State of California. d. Development of Publicly Owned Improvements To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or without the Project . area for itself or for any public body or public entity. The Agency may pay for, install or construct, and may acquire or pay for the land required for: Each surface and/or structured off-street public parking facility as necessary for the implementation of this Plan . 2 . Personal Property Disposition For the purposes of this Plan the Agency is auth- orized to sell , lease, exchange, transfer, assign, pledge , encumber, or otherwise dis- pose of personal property. -13- J. Provisions for Low and Moderate Income Housinq 1. Definition :of Terms The terms "affordable rent" , "replacement dwelling unit" , ".persons and families of low or moderate income" and "very low income house- holds" as used in this Section III J shall have the meanings as defined by the Community Redevelopment Law and other State and local laws and regulations pertaining thereto. 2 . Authority Generally The Agency may, inside or outside the Project area, acquire land, donate land, improve sites , or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. The Agency may also provide subsidies to, or for the benefit of, such persons and families or households to assist them in obtaining housing within the City. 3. Replacement Housinq 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 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 rents within the City. The Agency shall require that the aggregate number of dwelling units rehabilitated, developed, or constructed pursuant to this Section shall remain for persons and families of low or moderate income and very low income house- holds, respectively, for not less than the period set forth in Section VIII for the duration of this Plan. -14- 4 . Relocation Housinq If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by the Project , the Agency may, to the extent of that deficiency, direct or cause. the develop- ment, rehabilitation or construction of housing units within the City, both inside and outside of the Project area. Any such development, rehabilitation or construction of housing units within the Project area shall be for temporary relocation purposes only. IV. USES PERMITTED IN THE PROJECT AREA A. Map The Map attached hereto illustrates the location of the Project boundary, the immediately adjacent streets , the proposed public rights-of-way and the proposed land uses to be permitted in the Project area for all land , public, semi-private and private. The location of such proposed rights-of-way, easements, and land uses may be altered from time to time by the Agency for the purposes of effectuating this Plan. B. Residential Uses The land uses within the Redevelopment Project area except as hereafter provided, are limited to residential uses and such related and ancillary uses as permitted or provided for in the General Plan and Zoning Ordinance of the City. C. Public Uses 1. Rights-of-Way The public street system in the Project area shall be developed in accordance with the Circulation Element of the General Plan. -15- Streets and alleys may be widened, altered, abandoned, or closed as necessary for proper development of the Project. It is contemplated that the Agency will con- struct, or aid in the construction of , certain streets designated in the Plan which are not now constructed or which may require further widening or improvement. The public rights-of-way shall be used for vehicular and/or pedestrian traffic as well as for public improvements , public and pri- vate utilities , and activities typically found in public rights-of-way. In addition, all necessary easements for public uses , public facilities , and public utilities may be retained or erected. 2 . Other Public Uses Parking, open space, public and semi-public uses may be interspersed with other uses in any area. D. Other Public , Semi-Public , Institutional and Non-profit Uses In any area the Agency is authorized to permit the establishment or enlargement of public, semi public, institutional , or non-profit uses , including park and recreational facilities , libraries , hospitals, educational, fraternal , employee , philanthropic and charitable institutions , and facilities of other similar associations or organizations. All such uses shall conform so far as possible to the provisions of this Plan applicable to the uses in the specific area involved. The Agency shall impose such other reasonable restrictions as are necessary to protect the development and use in the Project area. E. Interim Uses Pending the ultimate development of land by developers and p::rticipants , the Agency is authorized to use -16- or permit the use of any land in the Project area for interim uses not in conformity with the uses permitted in this Plan. F. Nonconforming Uses The Agency is authorized to permit an existing use to remain in an existing building in good condition, which use does not, conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project area- The owner of such a property must be willing to enter into a participation agree- ment and agree to the imposition of such reasonable restrictions as are necessary to protect the develop- ment 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 th-e Project where, in the determination of the Agency, such improvements would be compatible with surrounding and Project uses and development. G. General Controls and Limitations All 'real property in the Project area is hereby made subject to the controls and requirements of this . Plan. No real property shall be developed, rehabilitated", or otherwise changed after the date of the adoption of this Plan, except in con- formance with the provisions of this Plan. 1. Construction All new construction undertaken in the Project area shall comply with all applicable State and local laws in effect from time to time, including without limitation the Building, Electrical , Plumbing, Mechanical, Health and Fire Codes of the City. In addition to applicable codes , ordinances , or other requirements governing development in the Project area, additional specific per- formance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project area. -17- All setback areas shall be landscaped and maintained by the owner . Any portion neces- sary for access shall be paved. Parking shall be provided in a manner consistent with standards for contemporary residential development, but in no case shall parking be less than the requirements of the Grand Terrace Zoning Ordinance. Parking facilities for the joint use of two or more parcels of a size sufficient to meet the combined requirements of such parcels may be constructed with prior written approval of the Agency. No parking space shall be located in a setback area except with prior written approval of the Agency . Parking spaces shall be paved and drained so that storm and surface waters draining from parcels will not cross public sidewalks. Parking spaces visible from streets shall be landscaped in accordance with the City ' s zoning ordinance to prevent unsightly or barren appearance. Lighting for parking spaces shall be shielded from adjacent properties and adjoining streets . The Agency may establish setback requirements for new development within the Project area. which may exceed the requirements of the City ' s zoning ordinance. 2 . Rehabilitation and Retention of Properties Any existing structure within the Project area which the Agency shall approve 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. Property Rehabilitation Standards for rehabili- tation of existing buildings and site improve-. ments may be established by the Agency. -18- 3 . Limitation on a Number of Buildings The number of buildings in the Project area shall not exceed the number of buildings permitted under the zoning Ordinance of the City. 4 . Limitation of 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 the applicable Federal, State and local statutes, ordinances and regulations. 5. 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 grounds , the space around buildings , and all other outdoor areas not permitted to be covered by buildings . Land- scaping shall be developed in the Project area to ensure optimum use of living plant material. In all areas sufficient space shall be main- tained between buildings to provide adequate light , air , and privacy. 6 . Utilities The Agency shall require that all utilities be placed underground whenever physically and economically feasible. 7 . Incompatible Uses No use or structure which by reason of appearance traffic, smoke , glare, noise, odor, or similar factors would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project area. a -19- B. Nondiscrimination and Nonsegregation There shall be no discrimination or segre- gation based upon race , color, creed, sex, marital status , religion , national origin, or ancestry permitted in the sale, lease, sublease, transfer, use , occupancy, tenure, or enjoyment of property in the Project area. 9 . Resubdivision of Parcels No parcel in the Project area, including any parcel retained by a participant, shall be resubdivided without the approval of the Agency. 10 . 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 the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property 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. d. Permitting a variation will not be con- trary to the objectives of this Plan or of the General Plan of the City. -20- 4 In permitting any such variation , the Agency shall impose such conditions as are necessary to protect the public health, safety , or wel- fare , 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 City codes and ordinances . H. Design for Development 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 consistent with the objectives of the Plan as set forth in Section III .A. No new development shall be constructed and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accor- dance 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, in accordance with archi- tectural , 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. There- fore , 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. I . 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 processed in the manner herein provided and, in the case of property which is the subject of a disposition and development -21- r or participation agreement with the Agency and any other property in the discretion of the Agency Board, unless and until the application for such permit has been approved by the Agency Board. Any such permit that is issued must be in conformance with the provisions of this Plan. Upon receipt of such an application for permit the Executive Director of the Agency shall be re- quested by the City to review the application to determine what effect, if any, the issuance thereof would have upon the Plan. Within twenty-five (25) days thereafter said Executive Director shall file with the Citv a written report setting forth his finding of fact . Said report shall include, but is not limited to , the following: 1. Whether the proposed improvements would be compatible with the standards and other requirements set forth in this Plan; and 2 . What modifications , if any, in the proposed improvements would be necessary in order to meet the requirements of the Plan; and 3 . Whether the applicant has entered into an agreement with the Agency for the develop- ment of said improvements and submitted development plans to the Agency . After receipt of said report, or if no report is submitted by the Executive Director within said 25-day period, the City may issue the permit with or without conditions; provided , however that the City shall withhold the issuance of the permit if the Executive Director finds in said report that the proposed improvement does not meet the requirements of this Plan. Within five (5) days after allowing or with- holding issuance of the permit the City shall notify by certified mail the applicant and the Executive Director of its decision. The applicant may appeal the findings of the Executive Director to the Agency Board by filing a written notice of appeal within -22- ten (10) days of receipt of the City notice. The Agency Board may at its option hear the appeal and affirm, reverse or modify the find- ings of the Executive Director. V. METHODS OF FINANCING THE PROJECT A. General Description of the Proposed Financing Methods The Agency is authorized to finance this Project with financial assistance from the City, State of Califor- nia, interest income, Agency bonds, including mortgage revenue bonds, or any other available source. Advances and loans for survey and planning and for the operating capital for nominal administration of this Project have been and are to be provided by the City until funds are available or sufficiently assured to repay the loans and to permit borrowing adequate working capital from sources other than the City. The City as it is able will also supply additional assistance through City loans and grants for various public facilities. As available, gas tax funds from the State of Califor- nia and the County of San Bernardino will be used for the street system. Also all or a portion of the park- ing may be installed through a parking authority or otherwise. The Agency is authorized to issue bonds if appropriate and feasible in an amount sufficient to finance all or any part of the Project. The Agency is 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 funds avail- able to the Agency. B. Tax Increments All taxes levied upon taxable property within the Project area each year by or for the benefit of that State of California, County of San Bernardino, . City -23- s of Grand Terrace, any district, or other public corporation (hereinafter sometimes called "taxing agencies" ) after the effective date of the ordinance approving this -Redevelopment Plan, shall be divided as follows: 1. That portion of the taxes which would be pro- duced 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 Redevelopment Project as shown upon the assessment roll used in connection with the taxation of such property by such tax- ing 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 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) ; 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 bonds , loans, moneys advanced to, or indebted- ness (whether funded, refunded, assumed or other- wise) incurred by the Agency to finance or refinance in whole or in part, this Redevelopment Project. Unless and until the total assessed value 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 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 bonds, loans, advances and indebtedness , if . any, and interest thereon, have been paid, -24- 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 tax revenues allocated to the Agency pursuant to paragraph (2) above which is attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency which levy occurs after the tax year in which the ordinance adopting this Plan becomes effective, shall be allocated to such affected taxing agency to the extent taxing agency has elected in the manner required by law to receive such allocation. The portion of taxes mentioned in paragraph (2) is hereby irrevocably pledged for the payment of the principal of and interest on the advance of moneys, or making of loans, or the incurring of any indebted- ness (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 appro- priate in carrying out the Project. Taxes shall be allocated and paid to the Agency consis- tent with the provisions of this Plan only 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, the Redevelopment Project. The number of dollars of taxes which may be divided and allocated to the Agency pursuant to California Health and Safety Code, Section 33670 shall not ex- ceed 16 . 0 Million Dollars ($16 , 000, 000. 00) except by amendment of this Redevelopment Plan. No loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the Agency to finance in whole or in part the Redevelopment Project shall be established or in- curred after twelve (12) years following the date -25- of adoption of the ordinance approving and adopting this Redevelopment Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Redevelop- ment Plan. The amount of bonded indebtedness, to be repaid, in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed 8 . 0 Million Dollars ($8 , 000, 000. 00) , without an amendment of this Redevelopment Plan. C. Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the United States or any other public or private source will be utilized if available as appropriate in carrying out the Project. VI. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carry- ing 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. Action by the City shall include, but not be limited to, the following: A. Institution and completion of proceedings for open- ing, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights- of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project area. Such action by the City shall include the requirement of abandon- ment and relocation by the public utility companies of their operations in public rights-of-way as appro- priate to carry out this Plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project area. C. Revision of zoning within the Project area to permit the land uses and development authorized by this Plan. -2 6- s D. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project area to be commenced and carried to completion without necessary delays. E. The undertaking and completing of any other proceed- ings necessary to carry out the Project. VII. ADMINISTRATION AND ENFORCEMENT OF THE PLAN The administration and enforcement of this Plan including the preparation and execution of any documents implementing this Plan shall be performed by the Agency and/or the City. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litiga- tion instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages , reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project area may be enforced by such owners. VIII. DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregation pro- visions 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 40 years from the date of adoption of this Plan by the City Council. IX. PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure esta- blished in Sections 33450-33458 of the Community Redeve- lopment Law or by any other procedure established by law. -27-