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HomeMy WebLinkAboutRDA RES 03-03RESOLUTION NO. RDA 03-03 l0 14 l? 2O 24 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECEIVING THE PROPOSED REDEVELOPMENT PLAN FOR MCAS-TUSTIN REDEVELOPMENT PROJECT, AND AUTHORIZING TRANSMITTAL OF THE PROPOSED REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES, AND PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA, AND SUBMITTAL TO THE PLANNING COMMISSION .OF THE CITY OF TUSTIN FOR ITS REPORT AND RECOMMENDATIONS The Tustin Community Redevelopment Agency DOES HEREBY RESOLVE as follows: The Tustin Community Redevelopment Agency finds and determines as follows: A, The Tustin Marine Corps Air Station ("MCAS") has been realigned and closed by the U.S. Department of Defense pursuant to the federal Base Realignment and Closure Act. B, The California Legislature has amended the Health and Safety Code to add Article 7 (commencing with Section 33492.100) to Chapter 4.5 of Part 1 of Divisi_on 24 (Chapter 165, 1996 Statutes), to provide a legal framework for the redevelopment of the MCAS. C, Health and Safety Code Section 33492.102 permits the inclusion of up to 52 acres of land contiguous to the MCAS within the project area if necessary for the effective redevelopment of the project area. D. The Agency has prepared a Redevelopment Plan for the MCAS-Tustin Redevelopment Project. E. The California Community Redevelopment Law ("CRL") provides in Section 33328 that prior to the publication of the notice of the joint Agency/City Council public hearing on the proPosed Redevelopment Plan, the Agency shall consult with each affected taxing agency with respect to the proposed Redevelopment Plan. F, The CRL provides in Section 33356 that prior to a jOint public hearing on the proposed Redevelopment Plan, the Agency shall submit the proposed Redevelopment Plan to the Tustin Planning Commission for its report and recommendation. G, The CRL further provides, in Section 33385(f), that the Agency shall consult with and obtain the advice persons and organizations within the Project Area on the proposed Redevelopment Plan prior to its submittal to the Tustin City Council. l0 20 22 24 NOW THEREFORE, the Tustin Community Redevelopment Agency resolves as follows: . The proposed Redevelopment Plan for the Tustin Marine Corps Air Station Redevelopment Project is hereby received in the form attached hereto as Attachment A. . The Executive Director is hereby authorized and directed to transmit the proposed Redevelopment Plan to each affected taxing agency for purposes of consultations. 1 The Executive Director is hereby authorized and directed to meet with and make available to' persons and' community organization copies of the proposed Redevelopment Plan prior to submitting it to the Tustin City Council. 1 The proposed Redevelopment Plan is referred to the Planning Commission of the City of Tustin for report and recommendation. PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency held on the 17th day of March, 2003. ~CY V~L~; Wb-RLEY, Chairper~.on P~MELA ~OKER Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, Recording Secretary and ex-officio Recording Secretary of the Community Redevelopment Agency of the City of Tustin, California, do hereby certify that the whole number of the members of the Community Redevelopment Agency of the City of Tustin is five; that the above and foregoing Resolution No. RDA 03-03 was duly passed and adopted at a regular meeting of the Tustin CommUnity Redevelopment Agency, held on the 17th day of March 2003, by the following vote: AGENCYMEMBER AYES: AGENCYMEMBER NOES: AGENCYMEMBER ABSTAINED' AGENCYMEMBER ABSENT: AMELA STOKER Recording Secretary WORLEY, KAWASHIMA, BONE, DAVERT NONE NONE THOMAS REDEVELOPMENT PLAN for the MCAS-TUSTIN REDEVELOPMENT PROJECT TUSTIN COMMUNITY REDEVELOPMENT AGENCY TUSTI_N, CALIFORNIA Adopted: ,2003 Ordinance No. Recommended by Planning Commission ,2003 Redevelopment Agency Tracy Wills Worley, Chairperson Tony Kawashima, Vice Chair Lou Bone Doug Davert Jeffrey M. Thomas REDEVELOPMENT PLAN FOR THE MCAS-TUSTIN REDEVELOPMENT PROJECT Ie [§100] INTRODUCTION This is the Redevelopment Plan (the "Plan") for the MCAS-Tustin Redevelopment Project (the "Project") in the City of Tustin ("City"), County of Orange, State of California. This Plan. consists of the text, the Legal Description of the Project Area Boundaries (Attachment No. 1), the Project Area Map (Attachment No. 2), and the Proposed Public Improvements and Facilities Projects (Attachment No. 3). As more particularly described in Section 200, the area within the Project (the "Project Area") includes two distinct areas: (1)property within the Marine Corps Air Station-Tustin ("MCAS-Tustin") which is located in the territory of the City of Tustin (the "Tustin Base Portion"); and (2) property outside of but adjacent to the MCAS-Tustin solely located within the City o£ Tustin (the "Non-Base ProPerty"). This Plan was prepared by the Agency pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.), including Chapter 4.5 commencing with Section 33492, et seq. and special legislation pertaining to the realignment' and closure of 'the Tustin Marine Corps Air Station contained in Section 33492.100, et seq. ("MCAS-Tustin Legislation"), the California Constitution, and all applicable local laws and ordinances. This Plan is based upon a Preliminary Plan formulated and'adopted by the Planning Commission of the City of Tustin (the "Planning Commission") by Resolution No RDA 97-4, on September 15, 1997, and amended on December 9, 2002, by Resolution No. 3856. On February 3, 2003, the City Council o£ the City of Tustin adopted the MCAS Tustin Spedfic Plan/Reuse Plan (the "Spedfic Plan") by Ordinance No. 1257. The Project Area is coterminous with the area governed by the Specific Plan. The Specific Plan is intended to serve as both a policy- oriented and regulatory document and includes detailed planning, policies, regulations, implementation strategies and procedures necessary to guide the reuse and development of the Project Area. The Specific Plan also contains the development and reuse regulations thai constitute zoning for the Project Area upon conversion to civilian use. As further TUS_RedevPlan_v3.doc 3/5 / 03 29171_001 described in Article IV of this Plan, the reuse and redevelopment of the Project Area shall be governed by the applicable provisions of the Spedfic Plan. 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 spedfic 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 t© 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: - The elimination of blighting influences and the correction of environmental deficiencies in the Project Area, including, among others, (i) buildings in which it is 'unsafe or unhealthy for persons to live.or work, buildings on land that, when subdivided or when infrastructure is installed, would not comply with community subdivision, zoning or planning regulations, and buildings that, when built, did not conform to the then-effective building, plumbing, mechanical, or electrical codes adopted bY the applicable jurisdiction; (ii) factors that prevent or substantially hinder the economically viable reuse or capacity of buildings or areas; (iii) adjacent or nearby incompatible and uneconomic land uses; (iv) properties currently served by infrastructure that do not meet existing adopted utility or community infrastructure standards; (vi) land containing materials or facilities that will have to be removed to allow for development, such as runways and landing pads; and (vii) properties containing hazardous wastes; B, The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. TUS_RedevPlan_v3.doc 29171_001 2 3/5/03 Ce Di E, F, G, H, Ie The replanning, redesign, reuse and redevelopment of portions o£ the. Project Area which are stagnant or improperly utilized.. The provision of opportunities for participation by owners and tenants in the revitalization of their properties. The strengthening of. the economic base of the Project Area by. stimulating new investment and economic growth. The creation of employment opportunities. The provision of an environment for social and economic growth The expansion, preservation, and improvement'of the community's supply of housing available to Iow- and moderate-income persons and families. The installation of new .or replacement of existing public improvements, facilities, and utilities in areas which are currently inadequately served with regard to such improvements, facilities, and utihties. 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. The two distinct areas of the Project Area and the number and identification of the separate parcels comprising each area are as follows: (1) the Tustin Base Portion of MCAS-Tustin consisting of two (2) parcels (Parcels 1 and 2); and (2) the Non-Base Property solely within the City of Tustin consisting of one (1) parcel which is a portion of Parcel 2 located at the most northeasterly comer of Parcel 2. 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: TUS_RedevPlan_v3.doc 3 3/5/03 29171_001 e 3, e 6. 7, Be . 10. 11. 12. The acquisition of certain real property and the assembly of adequate sites for the development and construction of uses in conformance with this Plan; The demolition or removal of certain buildings, structures and other improvements; Providing for participation by owners and tenants presently located in the Non-Base Property and for participation by future owners and tenants within the entire Project Area, and the extension of preferences to business occupants and other tenants desiring to remain or relocate within the redeveloped Project Area; The.management of any property acquired by and under the ownership and control of the Agency; .. ' Providing relocation assistance to any displaced Project occupants; The installation, construction, or reconstruction of streets, utilities, and other public improvements and facilities, including, but not limited to, parks, recreational facilities and community fadlities;. The disposition of property for uses in accordance with this Plan; The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; and The rehabilitation of structures and improvements. The expansion, preservation, and improvement o£ the community's supply of housing available to low and moderate income persons and families. The installation of new or replacement of existing public improvements, facilities, and utilitieS in the areas which are currently inadequately served with regard to such improvements, facilities, and utilities. Hazardous substance release cleanup. TUS_RedevPlan_v3.doc 29171_001 3/5/03 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. [§302] Participation Opportunities; Extension of Preferences for Reentry Within Redeveloped Project Area ' Because the Project is a military base closure project, it is anticipated that initially these rules will only be applicable to the Non-Base Property but that they will be applicable to future owners and businesses within the entire Project Area. 1. [§303] Opportunities for Owners and Business Tenants In accordance with this Plan and the rules for partidpation 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. For the purposes of this Plan and the rules for participation, an "owner" of real property sha-l-1 not include agendes of the United States Government, the United States Department of Defense or any of the military branches of the United States Government. 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. e [§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 TUS_RedevPlan_v3.doc 29171_001 5 3/5/O3 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 necessi~ to assemble sites for integrated, modern development; conformity of a participant's proposal with the intent and objectives of this Plan; financial capability to effect redevelopment of a site; 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 o£ 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. [§305] Participation Agreements The Agency may require flxat, as a condition to participation in redevelopment, each partidpant 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. TUS_RedevPlan_v3.doc 29171_001 6 3/5/03 In the event a participant fails or refuses to rehabilitate, develop, and use and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency .and sold or leased for rehabilitation or development in accordance with this Plan. 1 [§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 or uses 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 ail 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. TUS_RedevPlan_v3.doc 29171_001 7' 3/5/03 De The Agency may impose on ali public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies will con£orrn to hhe requirements of this Plan. To the extent now or hereafter permitled 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, £acili~ies, structures, or other improvements are or would be of benefit to the Project. [§308] Proper.iT Acquisition 1. [§309] Real Proper~ Except as specifically exempted herein, the-Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Tustin Base Portion of the Project Area which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method. The Agency shall have no eminent domain authority within Non-Base Property in' the Project Area.. Eminent domain proceedings, if used, must. be commenced within twelve (12) years from the date the ordinance adopQng ti'ds Plan becomes effective. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real Property less than a fee, including, without limitation, a leasehold interest. 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 TUS_RedevPlan_v3.doc 29171_001 8 3/5/03 E. Fe modification in size, shape, or use; or (c) it is necessary to impose upon such proper~ any of the controls, limitat/ons, restrictions, and requirements o£ this Plan and the owner fails or reuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. 2. [§310] .Personal Property Generally, personal property shall not be acquired.. However, where necessary in'the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain; provided, however, that personal property within the Non-Base Property shall'not be acquired by eminent domain.. [§311] Property Management During such time as property, if any, in the Project Area is owned or leased 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. [§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 Sections 33607.5, 33492.9, and 33492.108 of the Community Redevelopment Law. TUS_RedevPlan_v3.doc 29171_001 3/5/03 Ge H, [§313] Relocation of Person~, 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. The Agency may make such other payments as may be appropriate and for which funds are available. [§316] 'Demolitionr 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 any real property in the Project Area as necessary to carry out the purposes of this Plan. 2. [§318] Preparation of Building Sites The Agency is authorized to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks, playgrounds, and other public impr°vementS necessary to carry out this Plan. The Agency is also authorized to construct foundations, platforms, and other structural forms necessary for the TUS_RedevPlan_v3.doc 29171_001 10 3/5/03 provision or utilization o£ air rights sites £or buildings to be used for residential, commercial, industrial, public, and other uses provided £or in this Plan. · Prior consent of the City Council is required for the Agency to develop sites for commercial or industrial use by providing streets, sidewalks, utilities, or other improvements which an owner or operator o£ the site would otherwise be obliged to provide. [§319] Property. Disposition and Development 1, [§320]' Real Proper ,ty Disposition and Development a. [§321] General For the purposes o£ 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 ch'arge to the City o£ Tustin 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. TUS_RedevPlan_v3.doc 29171_001 11 3/5/03 hQ [§322] Disposition and Development Document~ 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 Orange C°~m~. 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. Ali 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. [§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 TUS_RedevPlan_v3.doc 29171_001 12 3/5/03 d, 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 £or, install, or construct the buildings, fadlities, structures, and other improvements identified in Attachment No. 3, 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 and facilities identified in Attachment No. 3 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)play- grounds; (7)parking facilities; (8)landscaped areas; and (9) street improvements. 'The Agency may enter into contracts, leases, and agreements with the City of Tustin or other public body or entity pursuant to this Section 323, and the obligation o£ 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. [§324] Development Plans All development plans (whether public or private) shall be submitted to the Agency and the City of Tustin for approval and architectural review. All development in the Project Area must conform to the development requirements, including design review standards of the City of Tustin, as applicable, and any TUS_RedevPlan_v3.doc 29171_001 13 3/5/03 K. . [§326] 1, , [§329] . design guidelines that may be adopted by the Agency pursuant to Section 420 hereof. [§325] Personal Proper~ Disposition For the purposes of this Plan, the Agency is authorized to lease,, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency.. Rehabilitation, Conservation, and Moving of Structures [§327] Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve,, or to cause to be rehabilitated and conserved, any building or structure in the Project Area owned by the Agency. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move, and conserve buildings of historic or architectural significance. [§328] Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any structure or building to a location within or outside the Project Area. Low- and, Moderate-Income Housin~ [§330] Replacement Housing In accordance with Section 33334.5 of the Community Redevelopment Law, whenever dwelling units housing persons and families of Iow 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 the required 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 TUS_RedevPlan_v3.doc 29171_001 14 3/5/03 . provisions of Sections 33413 and 33413.5 of said Community Redevelopment Law. Prior to the date of adoption of this Plan, all housing units within the Tustin Base Portion have been unoccupied and uninhabitable for significant periods of time and have never been part of the low and moderate income housing market because they were restricted military housing not available to the general public. [§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 Section 33413 (in particular, subdivision (b) of that section) of the Community Redevelopment Law. [§332] Increased and Improved Housing Supply Except as otherwise provided in this paragraph, pursuant to Section 33334.2 of the Community Redevelopment Law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to Section 33670 of the Community Redevelopment Law and Section 502 of this Plan shall be used by the Agency for the purposes of increasing, improving, and preserving the City of Tustin'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. Notwithstanding the provisions set forth above in this Section and in Section 33334.2 of the Community Redevelopment Law, pursuant to Section 33492.106 of the Community Redevelopment Law, for the Tustin Base Portion of the Project Area, the Agency may, for up to ten (10) years, defer up to fifty percent (50%) of the amount required by this Section 332 and Section 33334.2 of the Community Redevelopment Law. Any mount deferred shall be repaid .to the Low and Moderate Income Housing Fund pursuant to Section 33492.106. 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, TUS_RedevPlan_v3.doc 29171_001 15 3/5/03 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 (the "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] Land Uses - General Real Property located within the Project Area shall be developed and used for uses that are consistent with the applicable provisions of the Specific Plan as it may be mended from time to time. [§402] Land Uses - Other [§403] Public Rights-of-Way The major public streets within the Project Area shall be as shown in the Specific Plan. 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 Specific Plan, 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 TUS..RedevPlan_v3.doc 29171_001 16 315/03 . Be 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; be The requirements imposed by such factors as. topography, traffic safety and aesthetics; and 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. [§404] Other Public, Semi-Public, Institutional, and Nonprofit Use~ In any portion of the Project Area, 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 the Specific 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. [§405] ,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, consistent with the applicable provisions of the Specific Plan as it may be amended from time to time. TU$_RedevPlan_v3.doc 29171_001 17 3/5/03 C, 4. [§406] 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 partidpation agreement and agree to the imposition of Such reasonable restrictions as may be necessary to protect the development and use of the Project Area, consistent with the applicable provisions of the Specific Plan as it may be amended from time to time. 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. [§407] General ControD and Limitations Ail real property in the Project Area is made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 1. [§408] 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. e [§409] .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 TUS_RedevPlan_v3.doc 29171_001 18 3/5/03 1 . 7~ · it will be safe and sound in all physical, respects and be attractive in .appearance and not detrimental to the surrounding uses. [§410] Limitation on the Number of Buildings The number of buildings in the Project Area shall not exceed the number of buildings permitted under the Specific Plan. [§411] Nu.mber of Dwelling Unit~ The number of dwelling units permitted in the'Project Area shall not exceed the number of dwelling units permitted under the Specific Plan. [§412] Limitation on Type, Size, and Height of Buildings · . Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by the Specific Plan and any other applicable federal, state and local statutes, ordinances and regulations. [§413] 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. [§414] Si~ns All signs shall conform to the Specific Plan, applicable 'City sign ordinances and other requirements as they now exist or are hereafter amended. Design of all proposed new signs shall be submitted to the City prior to installation for review and approval pursuant to the procedures of this Plan. TUS_RedevPlan_v3.doc 29171_001 19 3/5/03 8. [§415] Utilities The Agency shall require that all utilities be placed underground whenever physically and economically feasible. , 10. 11. 12. [§416] 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. [§417] 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. [§418] Subdivision of Parcels No parcel in the Project Area, including any parcel retained by a participant, shall be subdivided without the approval of the Agency and the City. [§419] 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; TUS_RedevP1an_v3.doc 29171_001 20 3/5/03 E, C, Permitting a variation will not be' materially detrimental, to the public welfare or injurious to property or improvements in h~e area; and Permitting a variation will not be contrary to the objectives of this Plan or the Specific Plan. No variation shall be granted which changes a basic land use or-which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of this Plan. Any variation permitted by the Agency hereunder shall not supersede any other approval required under applicable City codes and ordinances. [§420] 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, architectural and 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 the Specific Plan and such controls imposed on the use of development of property pursuant to thereto 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, no new improvement shall be constructed and no existing improvement shall be substantially modified, altered, repaired or rehabilitated except in accordance with architectural, landscape, and site plans submitted to and approved in writing by the Agency. One of the objectives of tKis 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. TUS_RedevPlan_v3.doc 29171_001 21 3/5/03 F. [§421] Building Permits No permit shall be issued for the construction of any new building or for any construction on an existing building in the Project Area from the date of adoption of this Plan until the application for such permit has been approved by the Agency as consistent with this Plan and processed in a manner consistent with the applicable City of Tustin requirements. The Agency is authorized to establish permit procedures and approvals in addition to those set forth above where required for the purposes of this Plan. Where such additional procedures and approvals are established, a building 'permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of application. V, [§500] METHODS OF FINANCING THE PROJECT A, [§501] General Description of the Proposed Financing Method The Agency is authorized to finance this Project with financial assistance from the City of Tustin, 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 adrnini'stration of this Project may be provided by the City of Tustin 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 other sources. The City of Tustin may also supply additional assistance through loans and grants for various public facilities. The City of Tustin 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. TUS_RedevPlan_v3.doc 22 3/5/03 29171_001 Be [§502] Tax Increment Fund~ 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 Orange, the City of Tustin, any district, or any other public corporation (hereinafter sometimes called "taxing agencies"), after the effective date of the ordinance approving this Plan shall be divided as follows: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective. taxing agencies, including the City of Tustin pursuant to Health and Safety Code Section 33607.5Co), as taxes by or for said taxing agendes 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 Orange, last equalized on the effective date of said ordinance, shall be used in determining the assessed valuation of the taxable property in the Project on said effective date). , Except as provided in subdivision 3, below, th'at 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 inter~st 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, TUS_RedevPlan_v3.doc 29171_001 23 3/5/03 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 suffident to make annual repayments of the prindpal 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 portion of taxes divided and allocated to the Agency pursuant to subdivision 2 above shall not exceed a cumulative total of EIGHT HUNDRED THIRTY-THREE MILLION DOLLARS ($833,000,000). The Agency is authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance ali or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City of Tustin, 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 limitatior/ or resfTictiOn. TUS_RedevPlan_v3.doc 29171_001 24 3/5/03 T"ne amount of bonded indebtedness to be repaid in whole or in part £rom the allocation of taxes described in subdivision 2 above which can be outstanding at any one' time shall not exceed ONE HtYNDI~D EIGHTY MILLION DOLLAi~ ($180,000,000). Unless this Plan is amended pursuant to Health and Safety Code Section 33492.13(a)(2)(B), the Agency shall not establish or incur loans, advances, or indebtedness to finance in whole or in part Project beyond twenty (20) years from the date the County of Orange Auditor makes its certification pursuant to Section 33492.9 of the COmmunity Redevelopment Law (the ("Auditor's Certification"). 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 the Auditor's Certification.. 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. [§6001 ACTIONS BY THE CITY OF TUSTIN The City of Tustin shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fttlfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City shall include, but not be limited to, the following: TUS_RedevPlan_v3.doc 25 3/5/03 29171_001 g. B, C. D, E. F. G, H, 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 th~ Project Area. Such action by the City shall include the requiremeni of abandonment, removal, and relocation by'the public utility companies of their operations of public rights,of-way as appropriate to carryout 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. Provision of advances, loans, or grants to the Agency or the expenditure of funds for projects implementing this Plan as deemed appropriate by the City and to the extent funds are available therefor. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned public utilities within or affecting the Project Area. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan, Imposition wherever necessary (by conditional use permits or other means) of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development'and use. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency shall develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. Renovation and/or preservation of historical sites, if economically feasible or practical. Performance of the above actions and of ali 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. TUS_RedevPlan_v3.doc 29171_001 26 3/5/03 The undertaking and completing of any other proceedings necessary to carry out the Project. The foregoing actions to be taken by the City do not involve or Constitute any commitment for financial outlays by the City .unless specifically agreed to and authorized by the City. [§700] ENFORCEMENT The provisions of this Plan or other documents entered into pursuant to this Plan may be enforced by court litigation instituted by either the Agency or the City of Tustin. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions, or any other remedies appropriate to the purposes of this ~lan. 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 the Auditor's Certification (the "Termination Date"); 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 Date, 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. TUS_RedevPlan_v3.doc 27 3/5/03 29171_001 IX. [§900] PROCEDURE FOR AMENDMENT. This Plan may be amended by means o£ 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. TUS_RedevPlan_v3.doc 28 3/5/03 29171_001 ATrACHMENT NO. 1 LEGAL DESCRIPTION OF THE PROJECT AREA BOUNDARIES The boundaries of the MCAS-Tustin Redevelopment Project are described as follows: TUS_RedevPlan_v3.doc Attachment No. 1 3/5/03 29171_001 I 2 3 4 5 6 7 8 9 10 11 12 i3 1,4 15 16 17 18 19 20' 21 22 23 24 25 26 27 MAS' Legal Description Exhibit "A" Those portions of Blocks 9, 10, 46, 47, and 62 of Irvine's Subdivision, in the City of Tustin, County of Orange, State of California, as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, records of Orange County, California, described as .follows: Parcel 1 COMMENCING at the intersection of the centerline of Red Hill Avenue,' 60.00 feet wide, with the centerline of Barranc'a Parkway, 60.00 feet wide, as shown on Record of Survey 97-1015 filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, in the office the County Recorder of said County; thence along said centerline of Red Hill Avenue, North 40°36'16" East 30.00 feet to the northwesterly prolongation of the northeasterly line of said Barranca Parkway; thence leaving said centerline and along said prolongation, South 49°19'41" East 30.00 feet to the intersection of.the southeasterly line of said Red Hill Avenue with said northeasterly line of Barranca Parkway, said point being the TRUE POINT OF BEGINNING; thence North 40°37'53" East 2559.92 feet along the said southeasterly line to the most Westerly comer of the land described in Parcel C of the deed recorded in Book. 1180, Page 12, Official RecOrds of Said County; thence leaving said southeasterly line South 49°20'02'' East 80.00.feet along the southwesterly line of said Parcel C to the most southerly comer of said Parcel C; thence leaving said southwesterly line North 40o37'53" East 80.00 feet along the southeasterly line of said Parcel C to the most easterly comer of said Parcel C; thence leaving said southeasterly line North 49°20'02" West 80.00 along the northeasterly line of said'Parcel C to the most northerly comer of said Parcel C, said point also being on said southeasterly line of' Red Hill Avenue; thence leaving said northeasterly line along last said southeasterly line the following three courses: 1) North 40°37'53"East 1.14 feet; 2) North 40037'39'' East 2640.40 feet; M :~2TUS010500\TaskS~Legats\Tustin_legal.doc 12/19/02 10:14 AM Page 1 of 6 1 2 3 4 $ ? $ 9 10 11 12 15 16 17 18 lP 2O 21 22 23 2~ 25 26 27 PSOMAS Legal Description EXhibit "A" '3) North 40038'29" East 1203.19 'feet to the most westerly comer of Parcel B of said deed recorded in Book 1180, Page 12, Official Records of said County; thence leaving said southeasterly line South 49°21 '28" East 80.00 feet along the southwesterly line of said Parcel B to the most southerly comer of said Parcel B; thence leaving said southwesterly line North 40°38'29" East 80.00 feet along the southeasterly line of said Parcel B to the most easterly comer of said Parcel B; thence leaving said southeasterly line North 49°21 '28" West 80.00 feet along the northeasterly line of said Parcel B to the most northerly comer of'said Parcel B, said point also being on said southeasterly line of Red Hill Avenue; thence leaving said northeasterly line North 40°38'29" East 37.73 feet along said southeasterly line to the. southwesterly line of the Parcel Map filed in Book 64, Page 39 of Parcel Maps, records of said County; thence leaving said southeasterly line South 49°21 '28" East 1292.68 feet along said southwesterly line to the most southerly comer of said-Parcel Map; thence leaving said southwesterly line North 40°38'39" East 1156.51 feet along the southeasterly line of said parcel map to the southwesterly line of Edinger Avenue, shown on said Record of Survey as being parallel with and 60.00 feet southwesterly from the centerline of said Edinger Avenue; thence leaving said southeasterly line and along said southwesterly line through the following ten courses: 1) South 4P°20'45" East 5409.23 feet to thC beghming of a curv~ concave southwesterly having a radius of 1740.00 feet; 2) Southeasterly along said curve an arc length of BP0.11 fcc~ ~ough a central angle of 29°18'36"; 3) South 20°02'09,, East 1351.19 feet to the beginning of a curVe concave westerly hav~ng a radius of 835.00 4) Southerly along said curve an arc length of 4~5.84 f¢e~ through a ccntraI angle of 30035'33" to th~ northerly Iinc of Parcel F10-101-2 of ~h~ dccd recorded in Book 6681, Page 721, Official Records of said County; M :L2TUSO 10500~TaskSq~egatsWustin_legal.doc 12/19/02 10:14 AM Page 2 of 6 1 2 5 ? lO 11 12 15 17 18 2O 21 ~ 22 23 24 25 26 27 28 PSOHAS Legal Description Exhibit "A" 5) North 78°42'48'' East 38.52 feet along said northerly line to the northeasterly line of said Parcel F 10- ! 01-2; 6) South 43052'49'' East 15.00 feet along said northeasterly line to the northwesterly line of Peters Canyon Channel, ! 70.00 feet Wide, described as Parcel F6-401 in the deed recorded in Book 6681, Page 721, Official Records of said County; 7) North 46°07'11" East 102.10 feet along said northwesterly line to the beginning of a non-tangent curve concave northeasterly having a radius of 1860.00 feet, a radial line to said beginning of curve bears South 61 °17'09" West, said curve being concentric with and distant 60.00 feet southwesterly from the eenterline of said Edinger Avenue as shown on said Record of Survey; 8) Southeasterly along said curve an arc length of 669.77 feet through a central angle of 20°37'54"; 9) South 49020'45" East 428.16 feet to the beginning ora curve concave Southwesterly having a radius of 1740.00 feet; 10) Southeasterly along said curve an arc length of 366.87 feet through a central angle of 12°04'50'' to a point on the southeasterly boundary line of the City of Tustin shown on said Record of. Survey as being parallel with and distant 36.00 feet northwesterly from the centerline of Harvard Avenue as shown; Thence along the boundary of the City of Tustin'tkrough the following four courses' 1) South 40037'53'' West 1259.59 feet; 2) South 40°37'37" West 1319.25 feet; 3) South 85°39'11'' West 1060.72 feet; 4) North 49°21'01" West 1230.66 feet to the northwesterly line of Peter's Canyon Channel, 180.00 feet wide, as described in said Parcel F6-401,' said northwesterly line also being the southeasterly Iine of the deed recorded September 12, 1988 as Instrument No. 88-456312, Official Records of said County; · Thence along the boundary of the land described in said deed through the following six COurSeS: M 52TUS010500\Task5XLegals\Tustin_legal.doc 12/19/02 10:t4 AM Page 3 of 6 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PSOMAS Legal Description Exhibit "A" 1) North 52°32'09'' East 580.56 feet; 2) North 37027'51" West 54.86 feet to the beginning ora non-tangent curve concave northerly having a radius of 1644.00 feet, a radial line to sa/d point bears South 21 °57'38" East; 3) Westerly along said curve an arc length of 343.65 feet through a Central angle of 11°58'36"; 4) South 79°59'38'' West 161.74 feet; 5) South 88°08'17" West 18.38 'feet to the beginning of a curve concave southerly having a radius of 320.00 feet; 6) Westerly and southwesterly along said curve an arc length of 183.93 feet through a central angel of 32°55'58'' to a point in the boundary of the City of Tustin; Thence along said boundary through the .following five courses: -- 1) North 49°21'01'' West 1651.98 feet to a point on the southeasterly line of Lot 90 of said Block 46; 2) South 40o36'26" West 569.5© feet along said southeasterly line to a point on the r 'no~heasterly line of Lot 102 of said Block 47; 3) South 40°38'05'' West 2641.46 feet to said northeasterly line of Barranca Parkway; 4) North 49°19'54'' West 3963.38 feet to the most westerly corner of Lot 101 of said Block 47; 5) North 49°19'41'' West 2612.95 feet to the TRUE POINT OF BEGINNING. Containing 64,396,188 square feet or 1,478.33 acres, more or less. Parcel 2 COMMENCING at the intersection of the centerline of Harvard Avenue with the centerline of Deerfield as shown on Record of Survey 97-1015 filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, records of said County; thence North 50°35'32'' West 33.01 feet along the westerly prolongation of the centerline of Deerfield to an angle point Page 4 of 6 M:'C2TUS010500\Task5kLegals\Tustin_legal.doc 12/19/02 10:14 AM I 2 3 4 5 6 7 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 PSOMAS Legal Description Exhibit "A" in the southeasterly line of the land described in the deed recorded May I, 1992 as Instrument No. 92-287556, Official' Records of said County, said point being the TRUE POINT OF BEGINNING; thence along the boundary of said land described in Instrument No. 92-287556 and 'the northwesterly line of said Harvard Avenue, South 40°37'53" West 464.63 feet to the most easterly comer of the land described as Parcel t in the document recorded as Instrument No. 83-40 i9.60; thence along the boundary of last said land'the following two courses: 1) South 60°55'17" West 27.30 feet to the beginning of a non-tangent curve concave southwesterly having a radius of 1870.00 feet, a radial line to said be~nning of curve bears North 50032, 52" East; 2) Northwesterly along said curve an arc length of 219.13 feet througlh a central angle of 06°42'51" to the beginning of a non-tangent curve concave southwesterly having a rad-i-us of 1103.48 feet, a radial line to said beginning of curve bears ' North 43050'01" East, said curve being the southeasterly extension of the curve described in Instrument'No. 92-287556 having a radius of 1103.48 feet; thence along said southeasterly extension and said curve northwesterly an arc length of 103.77 feet through a central angle of 05°23'16"; thence along the boundary of said land described in Instrument No. 92-287556 the following seven Courses: 1) North 50°29'31" West 375.98 feet; 2) North 48°11 '27" West 52.58 feet to the beginning of a non-tangent curve concave northeasterly having a radius of 1476,77 feet, a radial line to said beginning of curve bears South 40°39'29TM West; 3) Northwesterly along said curve an arc length of 399.87 feet throu~ a central .angle of 15°30'51" to the southerly comer of Parcel 2 of the deed recorded September 13, 1983 as Instrument No. 83-401960, Official Records of said County; 4) North 15°40'59" East 165.55 feet along the easterly line of said Parcel 2; 5) North 46°07'11" East 669.04 feet to the be~nning of a curve concave northwesterly having a radius of 2085.00 feet; Page 5 of 6 M:~TUS010500\TaskS~Legals\Tustin_tegal.doc 12/19/02 10:14 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 P.S OHAS Legal 'Description Exhibit "A" 6) Northeasterly along said curve an arc length of 205.46 feet through a central angle of 05°38'46"; 7) North 40°28'25" East 49.73 feet; thence along said boundary and it's southeasterly prolongation South 49°20'45'' East 1150.65 feet to said northwesterly line of Harvard Avenue; thence South'40°37'53'' West 653.90 feet along said northwesterly line to the TRUE POINT OF'BEGINNING. Containing 1;320,752 square feet or 30.32 acres, more or less. As shown on Exh/bit "B" attached hereto and by this reference made a part hereof. This legal description is not intended to be used in the conveyance of land in violation of the subdivision map act of the State of California. Prepared under my supervision: Walter A. Sheek, P.L.S. 4838 Expires:9/30/2004 Date M :k2TUS010500\Task5kLegals~Tustin_legal.doc 12/19/02 10:14 AM Page 6 of 6 Q¥O~J J L--,o9 ~ '"'=-,t~;'99tt ~--' \ 3.6£,~.o~,N,.,I I 3.6~,£~.0~N I _ 3FIN3AV "I'IlH I I NIIS~ JO AiD Q3~I g 3nN AY _C]MVAMV '% 3.£~,l..£.0'1,N ~ ':J.£~ ,/..L'.0'I, NI.- O Z '/ . /I/'- ,4'.,. ~1 l_d · I · %¢--, 1/ _ - ~---'~---~.--_'- ~. ____ ,;.? . ._~/../t.: . : . 1!\/ '1 '?X ' 'I'"~'1 I ; ~ ~ lm~ I o]~ I m d ~L_ J_ D.. ' '"- !m~ I I "Ih ~ ~ . ..4 -1--T-..R ,~, · j~_~ ......................... : ...............J F-~ L~ ~'~ / ~l~ '1 -- /q-?il' ' 0 ~ ~ ~1 _,~ , I ~ J~ ~J ~ ~ I~H~I ~'J~ J~l ~ ~l I~j, ~i ~J I J~ ~ ~ t J J~l ~ ~ = I I , ' J I ~ ~ ~ 'B~'~ Z i ~ ~ ~ ' ~ I ~ J I ~ ~o ~, ~ ~ ~ I , ,0~ ~ j y0'699 3 1t / · I~ ~ = - ~--~'~' ~- <I I (/') z ATTACHMENT NO. 2 PROJECT AREA MAP TUS_RedevPlan_v3.doc 29171_001 Attachment No. 2 3/5/03 ~IH:nA¥' '1'11H 'AY ~3HSOfl NYYlU¥)I NOA ATTACHMENT NO. 3 PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS Domestic (Potable) and Reclaimed (Nonpotable) Water Supply and Distribution Facilities A. Install new potable and nonpotable water facilities which may include but not be limited to new distribution mains and service connections to developments and in-tract systems served througha new backbone system and from existing and new mains in adjacent roadways. g. Alter, modify and/or improve existing potable and nonpotable connections and distribution mains where necessary to support reuse and demolish and remove pipelines, service connections and wells to be abandoned. .C. Acquire and dispose of existing potable and nonpotable water supply and distribution systems and facilities and acquire and install new well sites in the Project Area as may be needed. D. Acquire easements and right-of-way, as necessary, to accommodate new water facilities and the continued operation of existing. facilities until new facilities can be constructed. e Sanitary Sewer Facilities ge Install new sewer facilities including but not limited to new sewer lines, any necessary on-site lift or pump stations, connections necessary to discharge the sewage to off, site conveyance systems, as well as service connections to' development and in-tract collection systems to be served through' a new backbone system and from existing and new mains in. adjacent roadways. B. Alter, modify and/or improve existing sewer collections systems where necessary to support reuse and demolish and remove pipehnes and service connections to be abandoned. TUS_RedevPlan_v3.doc 29171_001 Attachment No. 3 Page 1 3/5/2003 C, Acquire and dispose, where necessary, existing sanitary sewer £acilit-ies. De Acquire easements and right-of-way, as necessary, to accommodate new sewer facilities and the continued operation of existing facilities until new facilities can be constructed. ge Storm Drain and Flood Control Facilities Ae Install. new storm drain systems including but not limited to collection systems' and retention basins or other related facilities to reduce flood risks, where necessary to serve development and in- tract'collection systems to be served by a new backbone system. Additional improvements to the following regional flood control channels will be necessary including the Barranca Channel, the Santa Aha-Santa Fe Channel, and the Peters Canyon Channel. B, Alter, modify and/or improve existing storm drain systems and drainage facilities where necessary to support reuse of Base prOperty and demolish and remove storm drain and drainage facilities to be abandoned. -- C, Acquire certain storm drain facilities, where necessary to provide storm and flood control protection for reuse and install and construct each facility. D~ In conjunction with storm drain improvement and facility projects, also institute water quality mitigation measures for runoff management, including but not limited to the control of nutrients and sediments by implementation of best management practices. E. Acquire easements and rights-of-way, as necessary, to accommodate new storm drain and flood control facilities and the continued operation of existing faCilities until new or modified facilities can be constructed. 1 Utilities Facilities A, Install new utility facilities including but not limited to new electrical facilities, new natural gas facilities, new telephone facilities (including fiber optic applications), and new cable television facilities to serve development and in-tract utility systems to be served by new utility backbone distributions systems. TUS_RedevPlan._v3.doc 29171_001 Attachment No. 3 Page 2 3/5/2003 B, Ct D, E. Installations could include but would not be limited to lines and distribution systems, conduit boxes, switchgear, transformers, etc. Alter, modify and/or improve existing utility facilities and cormections where necessary to support reuse and demolish and remove utility facilities to be abandoned. Underground existing and new utility facilities. Acquire and dispose of, as necessary, existing Utility facilities. Acquire easements and right-of-way, as necessary, to accommodate new utility facilities and the continued operation of existing facilities until new or modified facilities can be constructed. e Transportation/Circulation Improvements and Facilities Install new Transportation/Circulation Improvements and Facilities. including but not limited to a new arterial backbone system within the Project Area (on-site improvements and facilities) to serve development, a network of new in-tract street improvements and off-site transportation/ ci-rculation mitigation for the Project Area. Major arterials will be created that service through traffic both in the north-south and east-west directions supplemented with a looped road system also serving Base property. Transportation projects may include but not be limited to curb, gutter, sidewalks, paving, landscaping, graphics, bus pull-out and shelters, street furniture, medians, street trees, street lighting and traffic controls. Off-site transportatiOn/ circulation mitigation would generally add lanes, change lane movements or enhance intersections to increase roadway capacity and reduce any impacts of development within the Project Area. The improvement would also involve, traffic Signalizat:ion, modifications and new improvements to increase operational efficiency. Be Alter, modify and/or improve existing'roadways and streets where necessary to support reuse and demolish and remove roadways, aircraft runways, streets and related facihties to be abandoned. C, Acquire additional rights-o£-way necessary to complete on-site transportation/circulation improvements and facilities and off-site transportation/circulation mitigation for the Project Area. · TUS_RedevPlan_v3.doc 29171_001 Attachment No. 3 Page 3 3/5/2003 D. E. Acquire, install and construct the Tustin Commuter Rail Station immediately adjacent to the Project Area, including any modifications benefiting the Project Area and any related transportation facilities. Acquire and install a network of local and regional bikeways and trails within and benefiting the Project Area consistent with the master planned bikeway/trail systems of the County of Orange, and the City of Tustin. e Community, Recreational and Open Space Facilities A. Neighborhood Parks Acquire and develop two neighborhood parks in the Project Area. B. Community Park Acquire and develop a community park located in the northwestern portion of the Project Area. Improvements include upgrading existing facilities which could include but not be limited to sports fields, swimming pool, community cente~ and/or a community auditorium and other related community and recreational facilities either on the community park site or developed in cooperation within other entities. C. Urban Regional Park Acquire and develop an urban regional.park (the park may be conveyed directly to the County of Orange by the Federal Department of the Interior) coordinating on the park site accommodation of facilities such as community family and youth support, regional animal control and law enforcement training. Improvements would include but also not be limited to major rehabilitation and upgrading of existing facilities and construction of new facilities and infrastructure. (2) Acquire and develop child care facilities within the Project Area. Improvements include upgrading of existing facilities and construction of new facilities. TU$_RedevPlan_v3.doc 29171_001 Attachment No. 3 Page 4 3/5/2003 7. Other Public Facilities g,, Acquire and develop a fire station to serve development in the Project Area. Costs would include the cost of the land, facility construction and furnishings. B, -Acquire land and existing facilities within the Learning Village to accommodate community college programs to serve the South Orange County Community College and Rancho Santiago Community College Districts (approximately 65 acres for South Orange County Community College and 15 acres for Rancho Santiago Community College). 'Major rehabilitation of existing. facilities and new construction of facilities and infrastructure will be necessary. C, Acquire two 10-acre elementary school sites to serve the Tustin Unified School District. (One o£ these sites may be conveyed to TUSD directly by the Federal Department of Education.). New construction of faciliti~ and iq. fr~structtube will be necessary. Do Acquire a 40 acre high School site to serve the Tustin Unified School District. New Construction of facilities and infrastructure will be necessary. Complete financing security obligations associated with the payment to Santa Aha Unified School District of SIXTY MILLION DOLLARS ($60,000,000) for school acquisition and construction off- site which occurred on December 27, 2002, and was secured by a THIRTY-EIGHT MILLION DOLLAR ($38,000,000) Revenue Anticipation Note and a TWENTY-TWO MILLION DOLLAR ($22,000,000) Revenue Anticipation Note. TUS_RedevPlan_v3.doc Attachment No. 3 3/572003 29171_001 Page 5