Loading...
HomeMy WebLinkAboutResolution - RDA 83-2 i i l l RESOLUTION NO. RDA-83-2 A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY 2 R '', i APPROVING AND ADOPTING RULES GOVERNING PARTICIPATION 3 AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES AND BUSINESS TENANTS IN THE SAN JACINTO REDEVELOPMENT 4 PROJECT AREA PURSUANT TO SECTION 33345 OF THE CAL:FORNIA HEALTH AND SAFETY CODE 5 WHEREAS, the San Jacinto Redevelopment Agency is in the process cf fcnnu- 6 lating a Redevelopment Plan for the San Jacinto Redevelopment Project Area pur- suant to the California Community Redevelopment Law. Section 33000 et, seq. of 71 the California Health and Safety Code; and 8 WHEREAS, Section 33345 of the California Health and Safety Code st€tes that with respect to each redeve'opmeni project the Redevelopment Agency shall : 9 , within a reasonable time before its approval cf the Redevelopmert Plan, adopt and make available for public inspection, rules to implement the operation of 10 owner participation in connection with the plan; and i 11 WHEREAS, Section 600.42 of the draft San Jacinto Redevelopment Plan c' o- i vides for Owner Participation Rules In accordance with the implementat;on of ill the Redevelopment Plan; and 13j WHEREAS, said rules have been prepared and have been considered by the Redevelopment Agency at a public hearing after having been duly noticed, and loll havinc been available for public inspection in the office of the City Clerk of the City of San Jacinto for a period o,; ten 11 days. j 15 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE SAN JACINTO 16 REDEVELOPMENT AGENCY, AS FOLLOWS: 171 Section 1 . The Rules Governing Participation and Preference of Owners, Operators of Businesses, and Business Tenants in the San Jacinto Redevelopment 18� Project Area, attached hereto and incorporated herein by reference, is hereby i approved and adopted. 191 Section 2. The Executive Director of the San Jac[ 20 into Redevelopment Agency is hereby directed to make said rules available in the office of the City Clerk of the City of San Jacinto for public inspection and is directed to incorporate 21 said rules as an appendix to the final San Jacinto Redevelopment Plan. 22 PASSED, APPROVED AND ADOPTED this 3rd day Of May 1983. 23 24 ATTES C� rma n ' j n Ja e n Redevelopment Agency 25 ory, 26 ' `San Jacinto Redevelopment Agency 27 28 29 30 31 32 i J $AN" JACINTO REDEVELOPMENT AGENCY RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES AND BUSINESS TENANTS IN THE SAN JACINTO REDEVELOPMENT PROJECT SECTION I GENERAL These rules have been promulgated to implement the provisions cf the Redevelopment Plan for the San Jacinto Redevelopment Project regarding the participation and the exercise of preferences by owners, operators of busi- nesses, and business tenants in the Project Area on the effectkve date of adoption of the Redevelopment Plan. These rules set fort; the procedures governing such preferences and participation. The San Jacinto RedeveFo meat Agency ("Agency") � s °, e t r s P g y ..e..�r s ant u, ce� par- ticipation in the growth and development of the Project .Area by as many owners , operators of businesses, and business tenants as possible. In view of the pattern of land assembly and integrated development envisioned by the Redevelopment Plan, persons and firms doing business in the Project Area wl be encouraged to form partnerships, corporations, or other Most entit`es to take advantage of their participation: and preference opportunities. Participation opportunities are necessarily subject to, and limited by, fac- tors such as the following: 1. Conformity to the intent and character of the adopted Redevelopment Plan. 2. The elimination and relocation of certain land uses within the Project Area. 3. The realignment, abandonment, wideing or opening of public rights-of-way and the removal , relocation, and/or installation of public utilities. 4. The ability of participants to finance acquisition and development in accordance with the Redevelopment Plan. 5. Any reduction of the total number of individual parcels in the Project Area. 6. The assembly and development of areas for public and/or private develop- ment in accordance with the Redevelopment Plan. Property owners will be - afforded the opportunity to participate, and business operators and tenants will be extended reasonable preference in the available participatory opportunities as provided by the Redevelopment Plan. in the implementation of the Redevelopment Plan, the Agency shall consider proposals for development and/or participation acc9rding to the following order of priority and subject to the provisions of the Redevelopment Plan: -1® 1 . Owners of real property who propose participation in substantially the same location. 2. Owners of real property who propose participating in a different location. 3. Tenants and operators of businesses in the Project Area who propose par- ticipating as owners. 4. Tenants and operators of businesses in the Project Area who propose par- ticipating as tenants. SECTION II PARTICIPATION BY OWNERS OF REAL PROPERTY Property owners shall have the first preference and opportunity to participate in the development of the Project Area by rehabilitation and/or development, of property within the Project Area. The Agency will encourage and assist property owners 'who choose to participate in the redevelopment process. Procedures to be used by the Agency to encourage and assist such participation include, without limitation: 1 . Solicit statements of interest and participation proposals from property owners. 2. Enter into owner-participation agreements with property owners. 3. Distribute information regarding opportunities for owner participation within the Project Area and outline owner ' s responsibilities . 4. Maintain on file a list of sources of funding which may be available to assist property owners with their rehabilitation or development efforts, including such sources as the Department of Housing and Urban Development, tax increments, bond proceeds, and the Small Business Administration. A. Owner Participation in the Same Location In circumstances which would foster unified and integrated development consistent with the Redevelopment Plan, an owner may participate in substantially the same location by retaining all or portions of his pro- perty and purchasing other property, if needed and available, for deve- lopment in accordance with the Redevelopment Plan. An owner who proposes participation in the same location may be required to rehabilitate or demolish all or part of the existing on-site buildings. -2- Where a proposal to participate in the same location involves a building in good condition,sbut with an existing use which does not conform to the provisions of the Redevelopment Plan, the Agency may allow such use to continue provided that such use is generally compatible with the per- mitted uses in the area in which it is located. In order to remain with a nonconforming use, the owner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the area. B. Participation in a Different Location I n some instances, the Agency may buy the land and improvements at fair market value and offer parcels of cleared land for purchase by owner® participants. Property sold to :weer-partic`pants will be made available at fair market value for the uses designated in the Redevelopment PlanE Scheduling by the Agency will be programmed to permit the owners to con- tinue in their present locations for as long as feasible pendi^Eg comple- tion of their new facility. SECTION III PARTICIPATTON BY TENANTS AND OPERATORS Or BUSINESSES Pursuant to these rules, persons and tenants who are engaged in business or residing in the Project Area will be given opportunities to remain or to obtain reasonable preference to reenter within the Project Area if they other- wise meet the requirements prescribed by the Redevelopment Plan. A. Tenant Participation as Owners Tenants and operators of businesses will be given reasonable preference to purchase and develop real property in the Project Area prior to offering the property for sale to the general public. Property sold to such tenants and operators of businesses will be made available at fair market value for the uses designated in the Redevelopment Plan. B. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the Redevelopment Project Area in accordance with the prescribed uses of the Redevelopment Plan. -3- SECTION IV PROCEDURE FOR BECOMING-A PARTICIPANT A. Procedure for Participation as Business Owner or Business Tenants Every person interested in becoming a participant as an owner or tenant must submit a "Statement of Interest" within 60 days after the Redevelopment Agency approves the intent to pursue redevelopment and/or development of a parcel (s) or area(s) of the Project Area. The Agency may disregard the "Statements of Interest" submitted after the specified 60-day period. The Agency shall notify the owner or tenant b; registered mail , return receipt requested, of: I) the Agency's intent to pursue redevelopment and/or development of the subject parcel s) or areafs) : 2) the Agency's desire to solicit "Statements of Interest"; and O) the period of time during which said "Statements of Interest" wouid be accepted. ify by registered mail , return receipt requested., each The Agency will not owner or business tenant submitting a "statement of Interest" at the time within which he may submit a "Redevelopment Partcipatic , Proposal " to the Agency to participate in the Project Area. The time alloted will not. exceed 60 days. Each Redevelopment Participations Proposal shall inlude evidence of the individual 's financial ability to complete his par- ticipation in accordance with the Redevelopment Plan. In assessing "reasonable preference in participation, " the Agency shall evaluate the Participation Proposal in regard to the six limiting con- ditions specified earlier in this section. If the proposal is determined to be infeasible or impractical , then the Agency will immediately inform the owner or tenant and may discontinue further negotiation on the propo- sal . If; however, the owner or tenant' s proposal is determined to be feasible and in conformance with the Redevelopment Plan, the .Agency will approve the Redevelopment Participation Proposal and will negotitate in good faith with the owner or tenant to develop a "Redevelopment Participation Agreement. " The Agency and the participant will reach a final agreement within 45 days. If agreement cannot be reached within the specified time, the Agency may discontinue further negotiations thereafter. It is the intent of these Rules to provide both opportunities and pre- ferences for owners and tenants who wish to participate in the develop- ment and redevelopment of the Project Area. In all cases, however, the Agency shall be guided by the necessity to balance the needs of the Project Area and the City of San Jacinto against the desires of potential participants. Conflicting desires among participants for particular sites or land uses will be resolved by consideration of such factors as the length of time in the area, accommodation of as many participants as possible, similar land use to similar land use, conformity of a par- ticipation proposal with the intent and purpose of the Redevelopment Plan. -4- B. Participation Agreement Each owner or business tenant who has submitted an acceptable proposal for owner or business tenant participation will be required to enter into a Participation Agreement with the Agency. Each; Agreement will contain provisions necessary to insure that ythe participation proposal will be carried out, and that the subject property will be developed or used in accordance with th-e conditions, restrictions, rules, and regulations of the Redevelopment Plan and the Agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency may require in order to insure such development. The agreement will also provide that a successor in interest of the original par- ticipant may become a participant with the approval of the Agency. Each Participation Agreement will contain the provision that any lease, rental agreement, occupancy permit, use or sales agreement pertaining tc the property involved will not contain restrictions Imposed thereon because of race, sex, color, creed, religion, national or c in, or ancestry. Each Participation Agreement will establish imaximum t<me lim=tat o s within which the specific provisions of the agreement mist be affected.. Participation Agreements wi11 be effective only if approved by the San Jacinto Redevelopment Agency. SECTION V AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. Any amendment proposed after the filing of Statement of Interest relative to the San Jacinto Redevelopment Project will be made only after notice to the persons who have filed such statements. Such notice shall be by mail and posted at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. -5-