HomeMy WebLinkAboutResolution - RDA 83-2 i
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l l RESOLUTION NO. RDA-83-2
A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY 2 R
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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
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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
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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
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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.
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24 ATTES C� rma n
' j n Ja e n Redevelopment Agency
25
ory,
26 ' `San Jacinto Redevelopment Agency
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$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:
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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.
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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
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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.
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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.
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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.
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