Document Fontana_doc_28a05d4cbd

FONTANA REDEVELOPMENT AGENCY 8353 Sierra Avenue, Fontana, California 92335 Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Adopted: June 23, 2010 Effective: July 23, 2010 Ordinance No: 1619 ---PAGE BREAK--- Fontana Redevelopment Agency i TABLE OF CONTENTS SECTION I. (100) INTRODUCTION 1 SECTION II. (200) GENERAL DEFINITIONS 2 SECTION III. (300) PROJECT AREA BOUNDARIES 4 SECTION IV. (400) REDEVELOPMENT PLAN GOALS 5 SECTION V. (500) REDEVELOPMENT ACTIONS 7 A. General 7 B. Property Acquisition 8 C. Participation by Owners and Persons Engaged in Business 9 D. Implementing Rules .11 E. Cooperation with Public Bodies 11 F. Property Management 12 G. Payments to Taxing Entities 12 H. Relocation of Persons Displaced by a Project 12 I. Demolition, Clearance, Public Improvements, Site Preparation, and Removal of Hazardous Waste 13 J. Rehabilitation, Moving of Structures by the Agency, and Seismic Repairs 14 K. Property Disposition and Development 15 L. Provision for Low and Moderate Income Housing 17 SECTION VI. (600) USES PERMITTED IN THE PROJECT 21 A. Map and Uses Permitted 21 B. Major Land Uses 21 C. Public Uses 21 D. Conforming Properties 22 E. Nonconforming Uses 22 F. Interim Uses 22 G. General Controls and Limitations 22 H. Design for Development 24 I. Building Permits 25 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT 26 A. General Description of the Proposed Financing Methods 26 B. Tax Increment Revenue 26 C. Agency Bonds 27 D. Other Loans and Grants 28 E. Rehabilitation Loans, Grants, and Rebates 28 ---PAGE BREAK--- Fontana Redevelopment Agency ii SECTION VIII. (800) ACTIONS BY THE CITY 29 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT 30 SECTION X. (1000) PLAN LIMITATIONS 31 A. Effectiveness of the Plan 31 B. Limitation on Receipt of Tax Increment and Payment of Indebtedness 31 C. Limitation on Incurring 32 D. Limitation of the Collection of Tax Increment 32 E. Limitation on the Amount of Bonded Indebtedness 33 SECTION XI (1100) PROCEDURE FOR AMENDMENT 34 EXHIBITS A Project Area Boundary Maps A-1 B Project Area Legal Descriptions B-1 C Project List C-1 ---PAGE BREAK--- Fontana Redevelopment Agency 1 SECTION I. (100) INTRODUCTION This is the Amended and Restated Redevelopment Plan (“Redevelopment Plan”) for the Southwest Industrial Park Project Area, located in the City of Fontana, County of San Bernardino, State of California. It consists of the text (Sections 100 through 1100), the maps of the Project Area (Exhibit the legal descriptions of the Project Area boundaries (Exhibit and listings of the proposed public infrastructure, utilities, and facilities projects (Exhibit The Redevelopment Plan for the Southwest Industrial Park (“SWIP”) Project Area was adopted on July 19, 1977, and has been amended on eight previous occasions. Five of the amendments added territory. The amendments are shown in the following table. Ord. Date No. Purpose Acres Original Project Area July 19, 1977 567 Adopt 230 Amendment No. 1 July 17, 1979 628 Add territory 395 Amendment No. 2 July 1, 1980 653 Add territory 367 Amendment No. 3 December 20, 1983 770 Add territory 562 Amendment No. 4 December 18, 1984 790 Add territory 705 Amendment No. 5 July 7, 1992 1056 Add territory 67 Amendment No. 6 November 15, 1994 1140 Modify time limits for Plan's effectiveness, to collect TI, and to incur debt - Amendment No. 7 December 21, 2004 1467 Extend by one year time limits for Plan's effectiveness and to collect TI - Amendment No. 8 June 26, 2007 1556 Adopt an eminent domain program - This Redevelopment Plan, when adopted, takes precedence over, by amendment, the Redevelopment Plan adopted by the City Council of the City of Fontana (“City Council”), which created the “Original Project Area” and added “Amendment Nos. 1, 2, 3, and 4 Areas”. This Redevelopment Plan takes precedence over the Amended Redevelopment Plan, which added the “Amendment No. 5 Area”. This Redevelpment Plan also incorporates Amendment Nos. 6, 7, and 8, which modified the Amended Redevelopment Plan as noted in the table above. Finally, this Redevelopment Plan adds the “Amendment No. 9 Area (2010 Added Area)”. The “Original Project Area”, the “Amendment Nos. 1, 2, 3, and 4 Areas”, the “Amendment No. 5 Area”, and the “Amendment No. 9 Area (2010 Added Area)” are jointly known as the “Amended Southwest Industrial Park Project Area”; hereinafter, “Project Area”. This Redevelopment Plan has been prepared by the Fontana Redevelopment Agency (“Agency”) pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq., “CRL”), the California Constitution, and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation, and revitalization of any area within the Project Area; instead, it establishes a process and framework for implementation. This Redevelopment Plan is based upon the Amended Preliminary Plan formulated for Amendment No. 9 to the Southwest Industrial Park Redevelopment Project Area, as adopted by the Fontana Planning Commission and by the Fontana Redevelopment Agency. ---PAGE BREAK--- Fontana Redevelopment Agency 2 SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein:  “Agency” means the Fontana Redevelopment Agency.  “Agency Board” means the governing body of the Agency.  “City” means the City of Fontana, California.  “City Council” means the legislative body of the City.  “County” means the County of San Bernardino, California.  “CRL” means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.).  “Disposition and Development Agreement” means an agreement between a developer and the Agency that sets forth terms and conditions for sale, improvement, and redevelopment of property in the Project Area.  “General Plan” means the City’s General Plan, a comprehensive and long-term General Plan for the physical development of the City as provided for in Section 65300 of the California Government Code.  “Map” means the Map of the Project Area attached hereto as Exhibit A.  “Method of Relocation” means the methods or plans adopted by the Agency pursuant to Sections 33352(f), 33411, and 33411.1 of the CRL for the relocation of families, persons, businesses, and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Agency.  “Occupant” means the persons, families, or businesses holding possession of a building or part of a building (as an apartment or office).  “Participation Agreement” means an agreement entered into between the Agency and an Owner, person engaged in business, or a tenant doing business within the Project Area in accordance with the provisions of the Plan and any rules that may be adopted and that contains the specific responsibilities and obligations of each party regarding specific implementation of the property improvements and land uses.  “Person” means an individual(s), or any public or private entities.  “Plan” means this Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area.  “Planning Commission” means the Planning Commission of the City of Fontana, California.  “Project” means any undertaking of the Agency pursuant to this Plan.  “Project Area” means the territory to which this Plan applies, as shown on Exhibit A and described in Exhibit B.  “Rules” means the “Participation Rules for Property Owners, Business Owners, and Business Tenants,” or such similar documents as may be adopted by the Agency to implement policies identified in the CRL and Section V of this Plan. ---PAGE BREAK--- Fontana Redevelopment Agency 3  “Specific Plan” means a document prepared and adopted pursuant to California Government Code Sections 65450 through 65457 for the systematic implementation of the General Plan that sets forth broad policy concepts and may include details for development, financing resources, and design guidelines.  “State” means the State of California.  “Tenant” means a person or group of persons who rents or otherwise is in lawful possession of a dwelling or business, including a sleeping room, which is owned by another. ---PAGE BREAK--- Fontana Redevelopment Agency 4 SECTION III. (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the maps attached hereto and incorporated herein as Exhibit A. The legal descriptions of the boundaries of the Project Area are as described in Exhibit B, attached hereto and incorporated herein. ---PAGE BREAK--- Fontana Redevelopment Agency 5 SECTION IV. (400) REDEVELOPMENT PLAN GOALS Implementation of this Plan is intended to achieve the following goals: 1. Elimination and prevention of the reoccurrence of conditions of blight and deterioration within the Project Area and the conservation, rehabilitation, and redevelopment of the Project Area in accordance with this Plan, the Five Year Implementation Plan, and future annual work programs. 2. Provision of adequate roadways and traffic and circulation improvements to correct street deficiencies, alignment problems, and substandard alleys to eliminate road hazards, and to provide adequate street and freeway access throughout the Project Area, including improvements outside the Project Area. 3. Provision for the development, enhancement, and renovation of businesses within the Project Area to promote their economic viability. 4. Encouragement of cooperation and participation of residents, businesspersons, public agencies, and community organizations in the revitalization of their properties and the Project Area. 5. Stimulation of investment of the private sector in the full development of the Project Area. 6. Provision of needed improvements to the community's educational, cultural, residential, and other community facilities to better serve the Project Area, including such facilities outside the Project Area. 7. Expansion of the resource of developable land by making underutilized land available for development. 8. Provision for the implementation of the General Plan and any Specific Plan goals for the Project Area. 9. Provision of needed public improvements that will alleviate certain environmental deficiencies, including inadequate water and wastewater collection and treatment systems as needed, substandard vehicular and pedestrian circulation systems, and other similar public improvements. 10. Promotion of public improvement facilities that are sensitive to the unique environmental qualities of the Project Area. 11. Improvement of local drainage conditions that constrain the development of various parcels in the Project Area. 12. Improvement or preservation of housing, including low and moderate income housing, as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State law. 13. Development of safeguards against noise and pollution to enhance the industrial and commercial community. 14. Upgrading of existing residential, commercial, and industrial uses in the Project Area. 15. Assembly and disposition of land into parcels suitable for modern integrated development with improved pedestrian and vehicular circulation in the Project Area. ---PAGE BREAK--- Fontana Redevelopment Agency 6 16. Replanning, redesign, and development of undeveloped areas that are stagnant or improperly utilized. 17. Provision of programs to strengthen the economic base of the Project Area and the community by the installation of needed site improvements and public facilities to stimulate new commercial, light and general industrial expansion, employment, and economic growth. 18. Encourage expansion of City, County, and other governmental services and uses. 19. Encourage public oriented cultural uses, libraries, and recreational facilities. 20. Enhance and upgrade the physical, social, and economic conditions within the Project Area, thereby improving the quality of life for City residents. 21. Encourage improvement of landscaping, planting of trees, and preservation of historic trees within the Project Area. ---PAGE BREAK--- Fontana Redevelopment Agency 7 SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the recurrence of blight and improve the economic base of the Project Area by: 1. Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing buildings, structures, and improvements. 2. Rehabilitating, preserving, developing, or constructing affordable housing in compliance with State law. 3. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 4. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 5. Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan. 6. Providing incentives for property owners, tenants, businesses, and residents to participate in improving conditions throughout the Project Area. 7. Acquiring real property by purchase, lease, gift, grant, request, devise, or any other lawful means except for eminent domain, where authorized, after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off-site improvements. 10. Acquiring, designing, constructing, installing, realigning, redesigning, reconstructing, expanding, extending, improving, and upgrading public buildings, facilities, structures, and other improvements. 11. Providing additional parking throughout the Project Area. 12. Providing for open space. 13. Managing property owned or acquired by the Agency. 14. Assisting in procuring financing for the construction of residential, commercial, light and general industrial, and office buildings to increase the commercial and industrial base and enhance the residential neighborhoods of the Project Area, and increase the number of temporary and permanent jobs in the Project Area. 15. Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan. 16. Establishing controls, restrictions, or covenants running with the land, so that property will continue to be used in accordance with this Plan. 17. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. ---PAGE BREAK--- Fontana Redevelopment Agency 8 18. Providing replacement housing, if any is required. 19. Applying for and utilizing grants, loans, and any other assistance from federal or State governments, or other sources. 20. Taking actions the Agency determines are necessary and consistent with State, federal, and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 21. Taking actions the Agency determines are necessary and consistent with State, federal, and local laws to remedy or remove a release of hazardous substances on, under, or from property within the Project Area or to remove hazardous waste from property. 22. Preparing and carrying out plans from time to time for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information, and creating a variety of economic development programs that will help build a stronger economic base within the Project Area. 23. Assisting businesses in the Project Area with sign and facade improvements and general rehabilitation by providing loans and grants. 24. Adopting specific design guidelines for projects to ensure a consistent design theme that will guide rehabilitation, new development, developers, architects, and builders. 25. Reducing criminal activities in the Project Area by assisting with the creation and implementation of neighborhood patrols, graffiti abatement programs, and other measures and programs as may be appropriate. 26. Assisting with the provision of public improvements. Assistance may be in the form of providing public improvements, parking facilities, lighting, infrastructure, and other appropriate assistance. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the CRL and any other State law. B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise, or, unless specifically exempted, eminent domain. Eminent domain shall not be used to acquire any property in any portion of the Amendment No. 9 Area (2010 Added Area). Eminent domain authority expired in Original Project Area and Amendment Nos. 1, 2, 3, 4, and 5 Areas. Eminent domain shall not be used to acquire any property within the Original Project Area and Amendment Nos. 1, 2, 3, 4, and 5 Areas unless this provision is subsequently amended. ---PAGE BREAK--- Fontana Redevelopment Agency 9 2. (504) Acquisition of Personal Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including, without limitation, any means authorized by the Plan or by law for the acquisition of real property. C. (505) Participation by Owners and Persons Engaged in Business 1. (506) Owner Participation The Agency encourages all property owners, tenants, and businesses in the Project Area to be actively involved in improvement and community development within the Project Area. The Agency desires and urges participation in the growth, development, and redevelopment of each of the parcels encompassed within the Project Area by as many property owners, tenants, and operators of businesses as possible. If conflicts develop between proposals of Participants for the development of particular sites, this Plan authorizes the Agency to establish reasonable priorities and preferences among participants based upon the ability to meet the above identified criteria. The Agency may, in its discretion, decline any offer of owner participation, resolve conflicting proposals between owners interested in redeveloping the property, or resolve conflicting proposals between owners and others interested in redeveloping the property based upon a number of considerations. Such considerations shall be contained in the Implementing Rules referenced in Section 509. 2. (507) Reentry Preferences for Persons Engaged in Business in the Project Area Consistent with the CRL, the Agency shall extend preference to such property owners, tenants, and businesses to continue in or, if the Agency acquires the land of an owner or the land on which a person engaged in business is located, to reenter the Project Area if any such owner or such person otherwise meets the requirements prescribed in the Plan and in such Rules as the Agency may enact. The ability to participate may be limited by market conditions. Owners of real property in the Project Area shall be given the opportunity to participate in the redevelopment of Owner’s property in the Project Area, if such Owner agrees to participate in the redevelopment consistent with the Plan and such Rules as the Agency may enact, provided such Owner is qualified to undertake and complete the proposed redevelopment activity as determined by the Agency. In appropriate circumstances, as determined by the Agency, where such action would foster the goals and objectives of the Plan, an owner may participate in substantially the same location either by retaining all or portions of his/her ---PAGE BREAK--- Fontana Redevelopment Agency 10 property and purchasing adjacent property if needed and available for development; rehabilitating or demolishing all or part of his/her existing buildings or structures; initiating new development; and selling property or improvements to the Agency. When necessary to accomplish the objectives of the Plan as determined by the Agency, the Agency may buy land and improvements at fair market value from existing owners and offer real property for purchase to prospective owner-participants within the Project Area. Nonproperty owners who are tenants engaged in business in the Project Area will be given opportunities to remain or to obtain reasonable preferences to reenter in business within the Project Area if they otherwise meet the requirements prescribed by the Plan and these Rules. 3. (508) Owner Participation a. Owner Participation Agreements The Agency is authorized to enter into a Participation Agreement with Owners desiring to develop or improve their properties within the Project Area. The Agency may, through the Participation Agreement, impose any of the standards, restrictions, and controls of the Plan, or any design guidelines adopted by the Agency pursuant to the Plan. All conditions imposed shall be reasonably related to the goals and objectives of the Plan, rules and regulations, and/or the impacts of the proposed development. b. Statement of Interest Consistent with the CRL, the Rules, and any other guidelines it may enact, the Agency shall solicit a Statement of Interest in owner participation from the Owner of Property that is the subject of the redevelopment proposals (i.e. the property that may be acquired, developed, or rehabilitated). c. Property Owner/Tenant Proposals If a Statement of Interest meets Agency requirements and proposes participation that is feasible, the Agency shall invite the Owner to submit to the Agency a proposal for the project identified in the Statement of Interest. The Agency retains and shall exercise the discretion vested in it by law to consider and determine whether a proposal for redevelopment submitted by an Owner for participation conforms to, and meets the goals and objectives of, the Plan and the Rules. The Agency shall exercise said discretion reasonably, in good faith, and without discrimination. ---PAGE BREAK--- Fontana Redevelopment Agency 11 D. (509) Implementing Rules The provisions of Sections 505-508 of this Plan shall be implemented according to the Rules adopted by the Agency prior to the adoption of the Adopting Ordinance, which may be amended from time to time by the Agency. Such Rules allow for Participation Agreements with the Agency. E. (510) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency shall seek the cooperation of all public bodies that own or intend to acquire property in the Project Area. Any public body that owns or leases property in the Project Area will be afforded all the privileges of owner and business tenant participation if such public body is willing to enter into a Participation Agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures, or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. F. (511) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. G. (512) Payments to Taxing Entities The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any city, county, or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. Pursuant to existing negotiated agreements, the Agency shall make payments to certain taxing entities from tax increment revenue collected from the Original Project Area, the Amendment Nos. 1, 2, 3, and 4 Areas, and the Amendment No. 5 Area. To the extent ---PAGE BREAK--- Fontana Redevelopment Agency 12 required by the CRL, the Agency shall make statutory pass-through payments to affected taxing entities from tax increment revenue collected from the 2010 Added Area. H. (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the “Relocation Guidelines”), and the Method of Relocation adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns, and others) displaced by the Agency’s acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe, and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. ---PAGE BREAK--- Fontana Redevelopment Agency 13 2. (515) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, State Relocation Law (Government Code 7260 through 7277), the CRL, and any other applicable rules and regulations. 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. These additional payments shall be subject to the availability of funds for such purpose. I. (516) Demolition, Clearance, Public Improvements, Site Preparation, and Removal of Hazardous Waste 1. (517) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear, or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (518) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: freeway ramps and interchanges, railroad grade or separated grade crossings, over or underpasses, bridges, streets, curbs, gutters, sidewalks, pedestrian improvements, bikeways, street lights, street signs, traffic signals, parking facilities, electrical distribution systems, natural gas distribution systems, water supply and distribution systems, wastewater collection systems, wastewater treatment facilities, storm drains, flood control systems, fiber optics, telephone systems, cable TV systems, internet systems, and landscaped areas. A list of proposed public infrastructure improvement and facilities projects is included in the projects list set forth in Exhibit C and incorporated herein by reference. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement that is publicly owned either within or outside the Project Area, upon both the Agency Board and the City Council making the applicable determinations required pursuant to the CRL. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure, or other improvements, or both, by periodic payments over a period of years. ---PAGE BREAK--- Fontana Redevelopment Agency 14 Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of Building Sites The Agency may develop as a building site any real property it owns or has acquired. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of, streets, utilities, parks, playgrounds, and other public improvements necessary for carrying out this Plan in the Project Area. 4. (520) Removal of Hazardous Waste To the extent legally allowable, the Agency may take any actions that the Agency determines are necessary and are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. J. (521) Rehabilitation, Moving of Structures by the Agency, and Seismic Repairs 1. (522) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building, or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings, or structures in the Project Area not owned by the Agency to the extent permitted by the CRL. The Agency is authorized to acquire, restore, rehabilitate, move, and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. ---PAGE BREAK--- Fontana Redevelopment Agency 15 d. The undertaking of rehabilitation and conservation activities 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. e. The need for expansion of public improvements, facilities, and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (523) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired that can be rehabilitated to a location within or outside the Project Area. 3. (524) Seismic Retrofit For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures that are consistent with local, State, and federal law, take those actions the Agency determines are necessary to provide for seismic retrofits. K. (525) Property Disposition and Development 1. (526) Real Property Disposition and Development a. (527) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing. Except as otherwise permitted by law, no real property acquired by the Agency, in whole or in part with tax increment moneys, or any interest therein, shall be sold or leased for development pursuant to the Plan for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions, and development costs authorized by the sale or lease. ---PAGE BREAK--- Fontana Redevelopment Agency 16 Unless otherwise permitted by law, the real property acquired by the Agency in the Project Area, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. To the extent permitted by law, real property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time the Agency fixes as reasonable, and to comply with other conditions the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental, and other land use development standards. Such development must receive the approval of all appropriate public agencies. b. (528) Disposition and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, subleases, 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. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. ---PAGE BREAK--- Fontana Redevelopment Agency 17 The Agency shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, marital status, sexual orientation, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age, or medical condition in the sale, lease, sublease, transfer, use occupancy, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, subleases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and non-segregation clauses as are required by Section 33436 of the CRL, as may be amended from time to time, and other provisions of law. 2. (529) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. L. (530) Provision for Low and Moderate Income Housing 1. (531) Definition of Terms Unless otherwise permitted or required by law, the terms “affordable housing cost”, “replacement dwelling unit”, “persons and families of low or moderate income”, “substantially rehabilitated dwelling units”, and “very low income households” as used herein shall have the meanings as now defined by the CRL and other State and local laws and regulations pertaining thereto. 2. (532) Authority Generally The Agency may, inside or outside the Project Area: acquire real property, building sites, buildings, or structures; donate real property; improve real property or building sites; construct or rehabilitate buildings or structures; and take any other such actions as may be permitted by the CRL, in order to provide housing for persons and families of low or moderate income. 3. (533) Replacement Housing 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 a redevelopment project subject to a written agreement, 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 that have an equal or greater number of ---PAGE BREAK--- Fontana Redevelopment Agency 18 bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency consistent with the CRL. The Agency shall comply with all provisions of the CRL pertaining to replacement housing. 4. (534) New or Rehabilitated Dwelling Units Developed Within the Project Area Unless otherwise permitted by law, at least 30 percent of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such 30 percent, not less than 50 percent shall be available to and occupied by very low income households. Unless otherwise permitted by law, at least 15 percent of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such 15 percent, not less than 40 percent shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 534 shall apply independently of the requirements of Section 533 of this Plan and in the aggregate to the supply of housing to be made available pursuant to this Section 534 and not to each individual case of rehabilitation, development, or construction of dwelling units. Pursuant to Section 33413(b)(4) of the CRL, the Agency shall prepare and adopt a Housing Compliance Plan to comply with the requirements set forth above, for the Project Area. The Housing Compliance Plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the Housing Compliance Plan shall be reviewed and, if necessary, amended at least every five years in conjunction with the Housing Element or Implementation Plan cycle. Unless otherwise permitted by law, the Housing Compliance Plan shall ensure that the requirements of this section are met every ten years. Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the Project; failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (535) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by a Project, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the City, both inside and outside the Project Area. ---PAGE BREAK--- Fontana Redevelopment Agency 19 6. (536) Increased and Improved Supply Except as otherwise permitted by law, not less than twenty percent of all taxes that are allocated to the Agency pursuant to subdivision of Section 33670 of the CRL and Section 702(2) and of this Plan shall be used by the Agency for the purposes of increasing, improving, and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Sections 50052.5 and 50053 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the CRL. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. In implementing this Section 537 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: a. Acquire real property or building sites. b. Improve real property or building sites with on-site or off-site improvements subject to the limitations of CRL Section 33334.2(e). c. Donate real property to private or public persons or entities. d. Finance insurance premiums. e. Construct buildings or structures. f. Acquire buildings or structures. g. Rehabilitate buildings or structures. h. Provide subsidies to, or for the benefit of, extremely low income households, as defined by Section 50106 of the California Health and Safety Code, very low income households, as defined by Section 50105, lower income households, as defined by Section 50079.5, or persons or families of low or moderate income, as defined by Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. i. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges. j. Maintain the community's supply of mobile homes. k. Preserve the availability to lower income households of affordable housing units in housing developments that are assisted or ---PAGE BREAK--- Fontana Redevelopment Agency 20 subsidized by public entities and are threatened with imminent conversion to market rates. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 533 of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the CRL. 7. (537) Duration of Affordability Except as provided in Section 33334.3 of the CRL, or as otherwise permitted by law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing cost to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifty-five (55) years for rental units. However, the Agency may replace rental units with equally affordable and comparable rental units in another location within the City if the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. b. Forty-five (45) years for owner-occupied units. However, the Agency may permit sales of owner-occupied units prior to the expiration of the 45-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. ---PAGE BREAK--- Fontana Redevelopment Agency 21 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA A. (601) Maps and Uses Permitted The Maps attached hereto as Exhibit A and incorporated herein illustrate the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way and public easements. The land uses permitted by this Plan shall be those permitted by the General Plan and City zoning ordinances as they now exist or may hereafter be amended. B. (602) Major Land Uses (as now provided in the General Plan) Major land uses permitted within the Project Area shall include: Industrial, Commercial, Residential, Public, and special uses such as Specific Plan uses. The areas shown on the plan maps may be used for any of the various kinds of uses specified for or permitted within such areas by the General Plan and Zoning Ordinance as they exist or are hereafter amended in the future. C. (603) Public Uses 1. (604) Public Street Layout, Rights-of-Way, and Easements The public street system for the Project Area is illustrated on the Project Area Maps identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Certain streets and rights-of-way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle, and/or pedestrian traffic as well as for public improvements, public and private 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 created. 2. (605) Other Public and Open Space Uses Both within and, where appropriate, outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, recreational facilities, playgrounds, parks, and open spaces; plazas; cultural centers; community centers, including meeting and class rooms; library facilities, including meeting and class rooms; school facilities; city maintenance facilities; fire and police facilities; transportation and parking facilities; auditorium and civic center facilities; criminal justice facilities; hospitals; educational, fraternal, philanthropic, and charitable institutions; or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency ---PAGE BREAK--- Fontana Redevelopment Agency 22 may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. D. (606) Conforming Properties The Agency may, in its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without a Participation Agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. If such a determination is made by the Agency, the Agency may issue a Certificate of Conformance to qualifying properties. If a property owner makes a written request for a Certificate of Conformance, the Agency shall, within 120 days, issue a Certificate of Conformance, or notify the property owner in writing what specific action the owner must take in order to receive a Certificate of Conformance. An owner of a conforming property may be required by the Agency to enter into a Participation Agreement with the Agency in the event that such owner desires to construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or acquire additional property within the Project Area. E. (607) Nonconforming Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the 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 Agency may, but is not required to, authorize additions, alterations, repairs, or other improvements in the Project Area for uses that do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. F. (608) 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 not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to all applicable sections of the City codes other than permitted uses. G. (609) 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, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section X below. The type, size, height, number, and use of buildings within the Project ---PAGE BREAK--- Fontana Redevelopment Agency 23 Area will be controlled by the applicable City planning and zoning ordinances as they now exist or are hereafter amended. 1. (610) New Construction All construction in the Project Area shall comply with all applicable State and local laws currently in effect or amended from time to time. In addition to applicable City 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 improvement activities in the Project Area. 2. (611) Rehabilitation Any existing structure within the Project Area that the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, attractive in appearance, and not detrimental to the surrounding uses. 3. (612) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the Adopting Ordinance, there are approximately 850 dwelling units in the Project Area. 4. (613) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated and diagrammed in the Land Use Element of the General Plan and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (614) Limitations on Type, Size, and Height of Buildings The limits on building intensity, type, size, and height shall be established in accordance with the provisions and diagrams of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (615) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 7. (616) Utilities ---PAGE BREAK--- Fontana Redevelopment Agency 24 The Agency shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (617) Incompatible Uses No use or structure that is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be permitted in any part of the Project Area, except as otherwise permitted by the City. 9. (618) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided, or re-subdivided without the approval of the City, and, if necessary for purposes of this Plan, the Agency. 10. (619) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions, and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property that 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 contrary to the objectives of this Plan. No such variation shall be granted that 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 health, safety, or welfare, and to assure compliance with the purposes of this Plan. H. (620) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 609 herein, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, parking requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the Agency. In the case of property that is the ---PAGE BREAK--- Fontana Redevelopment Agency 25 subject of a Disposition and Development Agreement or a Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 619 of this Plan. I. (621) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion, or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. 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. ---PAGE BREAK--- Fontana Redevelopment Agency 26 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan with assistance from local sources, the State, and/or the federal government, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions, or from any other available sources of financing that are legally available and do not conflict with the objectives of this Plan. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants, and in-kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City, and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may be used for the street system. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. B. (702) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City, or other public corporation (hereinafter called “Taxing Entity” or “Taxing Entities”) after the effective date of the Adopting Ordinance, shall be divided as follows: 1. That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the Taxing Entites upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Entity, last equalized prior to the effective date of such Adopting Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Entities as taxes by or for the Taxing Entities on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Entity or Entities that did not include the territory in the Project Area on the effective date of the Adopting Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the adopting ordinance ---PAGE BREAK--- Fontana Redevelopment Agency 27 shall be used in determining the assessed valuation of the taxable property in the Project Area on the effective date). 2. That portion of the levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the Agency to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, the redevelopment project. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Entities. When the loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Entities as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph above which is attributable to a tax rate levied by a Taxing Entity for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and 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 Entity. This paragraph shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Agency is authorized to make pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for the Project Area. The number of dollars of taxes that may be divided and allocated to the Agency pursuant to Section 33670 of the CRL shall not shall not exceed the limit as stated in Section 1003 of this Plan, except by amendment to this Plan. C. (703) Agency Bonds The Agency is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds ---PAGE BREAK--- Fontana Redevelopment Agency 28 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 and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the CRL, which can be outstanding at one time, shall not exceed the limit as stated in Section 1005 of this Plan, except by amendment to this Plan. D. (704) Other Loans and Grants Any other loans, grants, guarantees, or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (705) Rehabilitation Loans, Grants, and Rebates The Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self-financed rehabilitation work. The rules and regulations for such programs shall be those that may already exist or may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. ---PAGE BREAK--- Fontana Redevelopment Agency 29 SECTION VIII. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly-owned parcels and utilities in the Project Area. 3. 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 that will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans, or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. ---PAGE BREAK--- Fontana Redevelopment Agency 30 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions that are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. All provisions in the CRL as may be required to be included in a redevelopment plan are hereby incorporated as if fully set forth herein. ---PAGE BREAK--- Fontana Redevelopment Agency 31 SECTION X. (1000) PLAN LIMITATIONS A. (1001) Effectiveness of the Plan Except for the non-discrimination and non-segregation provisions that shall run in perpetuity, and except as otherwise provided herein, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, as follows: Subarea  Original Project Area August 18, 2017  Amendment No. 1 Area August 16, 2019  Amendment No. 2 Area July 31, 2020  Amendment No. 3 Area January 20, 2024  Amendment No. 4 Area January 3, 2025  Amendment No. 5 Area August 6, 2032  Amendment No. 9 Area (2010 Added Area) June 23, 2040 After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 of the CRL, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. B. (1002) Limitation on Receipt of Tax Increment and Payment of Indebtedness Except as otherwise provided herein, the limitations on the receipt of tax increment and the payment of indebtedness with the proceeds of property taxes received pursuant to Section 33670 of the CRL are as follows: Subarea  Original Project Area August 18, 2027  Amendment No. 1 Area August 16, 2029  Amendment No. 2 Area July 31, 2030  Amendment No. 3 Area January 20, 2034  Amendment No. 4 Area January 3, 2035  Amendment No. 5 Area August 6, 2042  Amendment No. 9 Area (2010 Added Area) June 23, 2055 ---PAGE BREAK--- Fontana Redevelopment Agency 32 C. (1003) Limitation on Incurring Debt The time limits on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 of the CRL to finance in whole or in part the redevelopment project are as follows: Subarea  Original Project Area January 1, 2004  Amendment No. 1 Area January 1, 2004  Amendment No. 2 Area January 1, 2004  Amendment No. 3 Area January 1, 2004  Amendment No. 4 Area January 1, 2005  Amendment No. 5 Area August 6, 2012  Amendment No. 9 Area (2010 Added Area) June 23, 2030 This limit, however, 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 CRL. The loans, advances, or indebtedness may be repaid over a period of time longer than this time limit as provided herein. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the Agency beyond this time limitation. This 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 to repay indebtedness required by this section. The time limits established in this Section 1004 may be extended in the manner provided by law. D. (1004) Limitation on the Collection of Tax Increment Pursuant to the limitations included in the adoption of Amendment No. 5, taxes, as defined in Section 33670 of the CRL and collected from the Original Project Area and Amendment Nos. 1, 2, 3, 4, and 5 Areas shall not be allocated to the Agency in excess of $496,000,000 except by further amendment of the Plan. Pursuant to the CRL, there is no imposed limit on tax increment allocated from the Amendment No. 9 Area (2010 Added Area) except the time limitation for collection as stated in Section 1002 of the Plan. ---PAGE BREAK--- Fontana Redevelopment Agency 33 E. (1005) Limitation on the Amount of Bonded Indebtedness This Plan authorizes the issuance of bonds to be repaid in whole or in part from the allocation of taxes pursuant to CRL Section 33670. Except by amendment of the Plan, the amount of bonded indebtedness that can be outstanding at any one time and payable in whole or in part from tax allocations attributable to the Original Project Area and Amendment Nos. 1, 2, 3, 4, and 5 Areas shall not exceed $85 million. Except by amendment of the Plan, the amount of bonded indebtedness that can be outstanding at any one time and payable in whole or in part from tax allocations attributable to the 2010 Added Area shall not exceed $25 million. ---PAGE BREAK--- Fontana Redevelopment Agency 34 SECTION XI. (1100) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the CRL or by any other procedure hereafter established by law. This Plan is to be liberally construed and not interpreted as a limitation on the powers of the Agency. Notwithstanding any provision in this Plan to the contrary, the Agency may hereby utilize all powers of a redevelopment agency pursuant to the CRL and all other applicable laws, as the same now exists or may hereafter be amended or adopted. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 1 EXHIBIT A. BOUNDARY MAPS SOUTHWEST INDUSTRIAL PARK PROJECT AREA Exhibit A contains boundary maps for:  The Southwest Industrial Park Project Area and  Detailed maps for the: o Original Project Area o Amendment No. 1 Area o Amendment No. 2 Area o Amendment No. 3 Area o Amendment No. 4 Area o Amendment No. 5 Area o Amendment No. 9 Area (2010 Added Area) The boundaries for the Original Project Area and the Amendment Nos. 1, 2, 3, 4, and 5 Areas remain unchanged. The only new boundaries are those for the Amendment No. 9 Area (2010 Added Area). ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 2 SOUTHWEST INDUSTRIAL PARK PROJECT AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 3 ORIGINAL AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 4 AMENDMENT NO. 1 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 5 AMENDMENT NO. 2 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 6 AMENDMENT NO. 3 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 7 AMENDMENT NO. 4 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 8 AMENDMENT NO. 5 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency A - 9 AMENDMENT NO. 9 AREA (2010 ADDED AREA) ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 1 EXHIBIT B. LEGAL DESCRIPTIONS SOUTHWEST INDUSTRIAL PARK PROJECT AREA Exhibit B contains legal descriptions for the:  Original Project Area  Amendment No. 1 Area o Addition 1 o Addition 2 o Addition 3  Amendment No. 2 Area  Amendment No. 3 Area o Location 1 o Location 2  Amendment No. 4 Area o Area 1 o Area 2 o Area 3 o Area 4 o Area 5 o Area 6 o Area 7 o Area 8 o Area 9  Amendment No. 5 Area  Amendment No. 9 Area (2010 Added Area). The legal description for the Original Project Area is from the original Redeveloment Plan and has not been modified. Likewise, the legal descriptions for the Amendment Nos. 1, 2, 3, and 4 Areas are from their respective Amendments and have not been modified. Finally, the legal description for the Amendment No. 5 Area is from the Amended Redevelopment Plan and has not been modified. The only new legal description is that for the Amendment No. 9 Area (2010 Added Area). ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 2 ORIGINAL AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 3 AMENDMENT NO. 1 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 4 AMENDMENT NO. 2 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 5 AMENDMENT NO. 3 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 6 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 7 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 8 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 9 AMENDMENT NO. 4 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 10 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 11 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 12 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 13 ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 14 AMENDMENT NO. 5 AREA ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 15 AMENDMENT NO. 9 AREA (2010 ADDED AREA) This boundary description is to be used in conjunction with the boundary map of the Southwest Industrial Park Redevelopment Project Area, Amendment No. 9 (2010 Added Area), for the City of Fontana. The course numbers shown on this description correspond with the course numbers of the boundary map. The description is for that portion of real property of the City of Fontana, County of San Bernardino, and State of California described as follows: P.O.B. Beginning at a point on the existing Sierra Corridor Commercial Project Area, as existed on June 16, 1992, said point also being at intersection of the Southerly right of way line of the Southern Pacific Rail Road and the centerline of Sierra Avenue, variable wide; thence Course 1. Southerly, Westerly, Southerly, Easterly, Southerly, Westerly, Southerly, Easterly, and Southerly along said last described Sierra Corridor Commercial Project Area boundary to its intersection with the Jurupa Hills Project Area, as existed on October 6, 1981, said point also being at the centerline of Sierra Avenue and the centerline of Jurupa Avenue, variable width; thence Course 2. Westerly along said last described centerline of Jurupa Avenue to its intersection with the centerline of Catawba, said point also being the intersection of the said last described Jurupa Hills Project Area and the Southwest Industrial Park Project Area, Amendment No. 3, Location No.1, as existed on December 20, 1983; thence Course 3. Northerly, Westerly, Northerly, Easterly, Northerly, Westerly, Northerly, Easterly, Northerly, Westerly along said last described Southwest Industrial Park Amendment No. 3, Location No.1 boundary, to its intersection with Southwest Industrial Park Amendment No. 4, Area No. 3, as existed December 18, 1984, said point also being the Southwest corner of Parcel 26, as shown on Book 0237, Page 10, of San Bernardino County Tax Assessor’s Maps, last revision August 6, 2007; thence Course 4. Northerly and Westerly along said last described Southwest Industrial Park Amendment No. 4, Area No. 3 boundary, to its intersection with said last described Southwest Industrial Park Amendment No. 3, Location No.1, said point also being at the centerline of Poplar Avenue, 60 feet wide, and Slover Avenue, 60 feet wide; thence Course 5. Westerly along said last described Southwest Industrial Park Amendment No. 3, Location No.1 boundary, to its intersection with the Southwest Industrial Park Amendment No. 2, as existed on July 1, 1980, said intersection also being the centerline of Slover Avenue, 60 feet wide, and Elm Avenue, 60 feet wide; thence Course 6. Continuing Westerly along said last described Southwest Industrial Park Amendment No. 2 boundary, to its intersection with the said last described Southwest Industrial Park Amendment No. 3, Location No.1 boundary, said ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency B - 16 intersection also being the centerline of Slover Avenue, 60 feet wide, and Beech Avenue, 60 feet wide; thence Course 7. Northerly along said last described Southwest Industrial Park Amendment No. 3, Location No.1 boundary, to its intersection with the Southerly right of way line of the Southern Pacific Railroad, said intersection also being the centerline of Beech Avenue and the Southerly right of way line of the Southern Pacific Railroad; thence Course 8. Easterly along said last described Southerly right of way line, a distance of 10,790 feet, more or less, to the point of beginning. Total acres in added area = 1,101 acres ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 1 EXHIBIT C. PUBLIC PROJECTS SOUTHWEST INDUSTRIAL PARK PROJECT AREA Exhibit C contains the proposed public projects for the Original Project Area, the Amendment Nos. 1, 2, 3, and 4 Areas, the Amendment No. 5 Area, and the Amendment No. 9 Area (2010 Added Area). The public projects for the Original Project Area are from the original Redeveloment Plan and have not been modified. Likewise, the public projects for the Amendment Nos. 1, 2, 3, and 4 Areas are from their respective Amendments and have not been modified. Finally, the public projects for the Amendment No. 5 Area are from the Amended Redevelopment Plan and have not been modified. The only new public projects are those for the Amendment No. 9 Area (2010 Added Area). ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 2 ORIGINAL AREA Public improvements include, but are not limited to, overpasses or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, flood control facilities, natural gas distribution systems, water supply and distribution systems, transportation facilities, recreational facilities, off-street parking, plazas, playgrounds, landscaped areas, and other public buildings, facilities, structures, or improvements. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 3 AMENDMENT NO. 1 AREA The Agency is authorized to acquire and construct, or cause to be acquired and contructed, curbs, gutters, paving, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, flood control facilities, natural gas distrubtion systems, water supply and distribution systems, and telephone systems on or with respect to Pacific Avenue, Marlay Avenue, Mulberry Avenue, Jurupa Avenue, Beech Avenue, Hemlock Avenue, and Santa Ana Avenue, whether within or outside the Project Area, and to acquire and construct other streets within the area added to the Project Area by Amendment No. 1 to the Plan, together with appurtenances of the types described above and appurtenant work pertaining thereto. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 4 AMENDMENT NO. 2 AREA The Agency is authorized to acquire and construct, or cause to be acquired and constructed, curbs, gutters, paving, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, flood control facilities, natural gas distribution systems, water supply and distribution systems, and telephone systems on or with respect to Slover Avenue, Hemlock Avenue, Beech Avenue, Elm Avenue, Poplar Avenue, and Santa Ana Avenue, whether within or outside the Project Area, and to acquire and construct other streets within the area added by Amendment No. 2 to the Plan, together with appurtenances of the types described above and appurtenant work pertaining thereto. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 5 AMENDMENT NO. 3 AREA The Agency is authorized to install and contruct, or cause to be installed and constructed, pursuant to Health and Safety Code Section 33445, the buildings, facilites, structures, and other improvements that are publicly owned either within or outside of the Project Area, upon the appropriate findings and determinations having been made by the City Council, as follows: 1. A fire station within or outside of the Project Area to be located in accordance with the City’s General Plan and the approval of the Central Valley Fire Protection District, together with the construction, installation, or acquisition of appurtenant work, land, facilities, and equipment pertaining thereto; 2. Public improvements including all appurtenances and appurtenant work pertaining or related thereto and all necessary or required work and attendant facilities and structures with respect to construction, extension, reconstruction, realignment, and improvements including paving, railroad grade or separated grade crossings, bridges, street lighting, public utilities, sewer facilities, landscaping, sidewalks and all curbs, gutters and drainage facilities, and appurtenant work thereto in the following areas: Riverside Road from Etiwanda Avenue to Mulberry Avenue; Jurupa Avenue from Mulberry Avenue to Etiwanda Avenue, including the construction of a bridge across the San Sevaine Flood Control Channel. 3. Public improvements including all appurtenances and appurtenant work pertaining or related thereto and all necessary or required works and attendant facilities and structures and rights-of-way therefore, with respect to construction, extension, reconstruction, and improvements to the drainage facilities located in the following areas: Elm Avenue from Slover Avenue to Jurupa Avenue and connection south, outside of the Project Area to the DeClez Channel; Beech Avenue from Santa Ana Avenue to Hemlock Avenue and connection south, outside of the Project Area to the DeClez Channel. 4. Construct, install, expand, extend, and reconstruct public nonreclaimable industrial wastewater sewer interceptors, mains, branch mains and lines including vaults, pumping facilities, all appurtenant and attendant improvements, facilities, structures, and rights- of-way therefore, within an area generally bounded by the following public streets or highways: Interstate 10, Catawba Avenue, Jurupa Avenue, Cherry Avenue, and all portions of the Project Area located to the north of said Interstate 10. 5. Construct, install, and upgrade public street traffic signalization equipment, electroliers, controls, signage, and all appurtenant equipment, facilities, and improvements for the following intersections including any necessary or convenient redesign and reconstruction of roadway surfaces, medians, or landscaping that may be required to properly regulate the circulation of vehicular or pedestrian traffic through said intersections: Marlay Avenue and Etiwanda Avenue; Marlay Avenue and Mulberry Avenue; Slover Avenue and Cherry Avenue; Slover Avenue and Citrus Avenue. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 6 AMENDMENT NO. 4 AREA The Agency is authorized to install and contruct, or cause to be installed and constructed, pursuant to Health and Safety Code Section 33445, the buildings, facilites, structures, and other improvements that are publicly owned either within or outside of redevelopment project area more fully described in Amendment 4 hereto, upon the appropriate findings and determinations having been made by the City Council, as follows: 1. Public improvements including all appurtenances and appurtenant work pertaining or related thereto either inside or outside of the redevelopment project area more fully described in Amendment No. 4, and all necessary or required work and attendant facilities and structures with respect to construction, extension, reconstruction, realignment, and improvements including paving, railroad grade or separated grade crossings, bridges, street lighting, public utilities, sewer facilities, landscaping, sidewalks and all curbs, gutters and drainage facilities, and appurtenant work thereto in the following areas: Valley Boulevard from Redwood Avenue to Banana Avenue; Slover Avenue from Etiwanda Avenue to Mulberry Avenue and from Poplar Avenue to Catawba Avenue; Cherry Avenue from Slover Avenue to Santa Ana Avenue; Etiwanda Avenue from the Riverside County/San Bernardino County Line to the Etiwanda Avenue Overcrossing of the Interstate 10 Freeway; Mulberry Avenue from the Riverside County/San Bernardino County Line to the Interstate 10 Freeway; Santa Ana Avenue from Etiwanda Avenue to Jasmine Avenue; Jasmine Avenue from Santa Ana Avenue to Dahlia Avenue; Dahlia Avenue from Jasmine Avenue to Etiwanda Avenue; Jurupa Avenue from Etiwanda Avenue to Mulberry Avenue. 2. Public improvements including all appurtenances and appurtenant work pertaining or related thereto and all necessary or required works and attendant facilities and structures and rights-of-way therefore, with respect to construction, extension, reconstruction, and improvements to the flood control drainage facilities located in the redevelopment project area more fully described in Amendment No. 4 or located outside said redevelopment project area that benefit the Project Area, including without limitation, the construction of said improvements in the following areas: Slover Avenue from Etiwanda Avenue to Mulberry Avenue; Etiwanda Avenue from Slover Avenue to the Riverside County/San Bernardino County Line; Mulberry Avenue from the Interstate 10 Freeway to the Riverside County/San Bernardino County Line. 3. Construct, install, expand, extend, and reconstruct public nonreclaimable industrial wastewater sewer interceptors, mains, branch mains and lines including vaults, pumping facilities, all appurtenant and attendant improvements, facilities, structures, and rights- of-way therefore, within an area generally bounded by the following public streets or highways: Interstate 10, Mulberry Avenue, Jurupa Avenue extension to Etiwanda Avenue, and Etiwanda Avenue and all portions of the redevelopment project area more fully described in Amendment No. 4 located to the north of said Interstate 10. 4. Construct, install, and upgrade public street traffic signalization equipment, electroliers, controls, signage, and all appurtenant equipment, facilities, and improvements for the following intersections including any necessary or convenient redesign and reconstruction of roadway surfaces, medians, or landscaping that may be required to properly regulate the circulation of vehicular or pedestrian traffic through said intersections: Slover Avenue and Etiwanda Avenue; Slover Avenue and Mulberry Avenue; Mulberry Avenue and Santa Ana Avenue. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 7 AMENDMENT NO. 5 AREA 1. Wherever necessary, fund part or all of costs associated with upgrading existing and providing new sewer lines to accept additional capacity to facilitate redevelopment and development of properties located within the Project Area. 2. Wherever necessary, fund part or all of costs associated with upgrading existing storm drain system to accept flows from existing development. 3. Fund part or all of costs associated with construction of master planned storm drain facilities. 4. Wherever necessary, fund part or all of costs associated with the design and construction of additional storm drain facilities (in addition to master planned facilities) to accommodate development of vacant parcels. 5. Fund part or all of costs associated with the design and construction of street widenings where needed in accordance with master plan circulation requirements. Provide full street improvements (width) adjacent to undeveloped parcels to facilitate adequate traffic circulation. 6. Fund part or all of costs associated with the design and construction of traffic signals as needed to facilitate traffic movement of existing and future uses. 7. Wherever necessary, fund part or all of costs associated with the extension of utilities such as electricity, gas, telephone, cable TV to those areas not currently served. 8. Fund part or all of costs associated with the design, processing, and construction of new railroad crossings to improve safety and provide for better traffic flow and smoother crossings. 9. Fund part or all of costs associated with the design and construction of storm drain extensions to handle increased runoff from projects within the Project Area and projects located upstream that impact the area system. 10. Fund part or all of costs associated with the design, processing, and construction of improvements to freeway (I-10) ramps and interchanges that serve the Project Area to allow easier unencumbered access to properties located within the Project Area and those other areas served by interchanges. 11. Where necessary to accomplish redevelopment of the Project Area, fund part or all of costs associated with the design and construction of water line facilities to provide increased flows for domestic, industrial, and fire flow purposes. 12. Fund part or all of costs associated with extending street lighting services to areas where it currently does not exist. 13. Where necessary to effectuate redevelopment of the Project Area, fund all or a part of the costs associated with the design and construction of street improvements throughout the Project Area to include landscaped and striped medians, bus turn-outs, and intersectional geometrics. 14. Fund part or all of costs associated with property rehabilitation, acquisition, relocation, and demolition for redevelopment and public improvement projects. 15. Provide financial assistance including land writedown to redevelopment projects. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 8 16. Provide funding for rehabilitation of existing low and moderate income housing outside of the Project Area. 17. Provide funding for administrative support and planning for project implementation. ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 9 AMENDMENT NO. 9 AREA (2010 ADDED AREA) Public Infrastructure and Public Utilities Projects Improvements to 2010 Added Area public infrastructure and public utilities are intended to alleviate traffic congestion and improve public safety, remove costly impediments to development, and upgrade infrastructure to contemporary standards to stimulate private development. The proposed public improvements may include, but are not limited to, acquisition, design, construction, installation, realignment, redesign, reconstruction, expansion, extension, improvement, and upgrade to freeway interchanges, over or underpasses, bridges, streets, curbs, gutters, sidewalks, pedestrian improvements, bikeways, street lights, street signs, traffic signals, parking facilities, electrical distribution systems, natural gas distribution systems, water supply and distribution systems, wastewater collection systems, wastewater treatment facilities, storm drains, flood control systems, fiber optics, telephone systems, cable TV systems, internet systems, and landscaped areas. Further compliance with General Plan, zoning standards, and environmental review may be necessary. Projects proposed by the Agency include, but are not limited to, the following:  Freeway Interchange Improvements: Reconstruct interchanges to add lanes and additional exit and entrance points  I-10 Beech Interchange  I-10 Citrus Interchange  Street Improvements: Construct and improve streets, including curbs, gutters, sidewalks, wheelchair ramps, street lights, and street trees throughout the 2010 Added Area North/South Streets  Beech Avenue  Elm Avenue  Poplar Avenue  Catawba Avenue  Anselm Drive  Citrus Avenue  Oleander Avenue  Cypress Avenue  Juniper Avenue  Sierra Avenue East/West Streets  Boyle Avenue  Slover Avenue  Aliso Drive  Tyrol Drive  Santa Ana Avenue  Rose Avenue  Jurupa Avenue ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 10  Traffic/Circulation System Improvements: Install and maintain traffic signals and street signs in the 2010 Added Area  Parkways and Medians: Provide for the construction and landscaping of parkway strips and medians, and provide for the construction of traffic control structures such as channelized medians and parkway turn lanes  Parking Improvements: Acquire and construct off-street parking facilities to accommodate existing demand and improve circulation  Undergrounding Utilities: Underground utilities in the 2010 Added Area  Storm Drain Improvements: Improve storm drains to efficiently accommodate storm water flow for the 2010 Added Area North/South Streets  Poplar Avenue  Catawba Avenue  Oleander Avenue East/West Streets  Santa Ana Avenue  Flood Control: Assist in the development of master planned flood control improvements as outlined by area flood control districts  Wastewater Collection and Treatment Facilities: Improve and install sewers or other wastewater collection and treatment systems, including needed trunk lines and service laterals in the 2010 Added Area, and extend collection lines throughout the 2010 Added Area North/South Streets  Catawba Avenue  Anselm Drive  Oleander Avenue East/West Streets  Boyle Avenue  Aliso Drive  Tyrol Drive  Santa Ana Avenue  Rose Avenue  Water Facilities: Extend water lines throughout the 2010 Added Area ---PAGE BREAK--- Amended and Restated Redevelopment Plan for the Southwest Industrial Park Project Area Fontana Redevelopment Agency C - 11 Public Facilities Projects Public facilities provide residents and businesses with important public safety services and recreational and cultural opportunities. The type of proposed public facilities projects may include, but are not limited to, recreational facilities, playgrounds, parks, and open spaces; plazas; cultural centers; community centers, including meeting and class rooms; library facilities, including meeting and class rooms; school facilities; city maintenance facilities; and fire and police facilities. Agency assistance could include creation of such facilities; acquisition of properties for facilities; or assistance with financing and development of City, County, or school district property. Further compliance with General Plan, zoning standards, and environmental review may be necessary.