HomeMy WebLinkAboutResolution - RDA 83-12 I RESOLUTION NO. RDA-83-12
2 A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY
APPROVING AND ADOPTING RULES GOVERNING PARTICIPATION
3 AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES
AND BUSINESS TENANTS IN THE SOBOBA SPRINGS REDEVELOPMENT
4 PROJECT AREA PURSUANT TO SECTION 33345 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
5
WHEREAS, the San Jacinto Redevelopment Agency is in the process of formu-
6 lating a Redevelopment Plan for the Soboba Springs Redevelopment Project Area
pursuant to the California Community Redevelopment Law, Section 33000 et
7 seq. of the California Health and Safety Code; and
8 WHEREAS, Section 33345 of the California Health and Safety Code states
that with respect to each redevelopment project, the "edevelopment Agency
9 shall , within a reasonable time before its approval of the Redevelopment Plan,
adopt and make available for public inspection, rules to implement the opera-
10 tion of owner participation in connection with the plan; and
11 WHEREAS, Section 600.42 of the draft Soboba Springs Redevelopment Plan
provides for Owner Participation Pules in accordance with the implementation
12 of the Redevelopment Plan; and
13 WHEREAS, said rules have been prepared and have been considered by the
Redevelopment Agency at a public hearing after having been duly noticed, and
14 having been available for public inspection in the office of the City Clerk of
15 the City of San Jacinto for a period of ten (10) days.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE SAN JACINTO
16 REDEVELOPMENT AGENCY, AS FOLLOWS:
17 Section 1 . The Rules Governing Participation and Preference of Owners,
18 Operators of Businesses and Business Tenants in the Soboba Springs Redevelop-
ment Project Area, attached hereto and incorporated herein by reference, is
19 hereby approved and adopted.
26 Section 2. The Executive Director of the San Jacinto RedevelopmentAgenc
is hereby directed to make said rules available in the office of the City
21 Clerk of the City of San Jacinto for public inspection and is directed to in-
corporate said rules as an appendix to the final Soboba Springs Redevelopment
22 Plan.
23 PASSED, APPROVED and ADOPTED this 8th day of November 1983.
24
AT ST:J J
25 ` S cretary '/�z Jacinto Redevelopment Agency
26 San Jacinto °edevelopment Agency
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t SAN JACINTO REDEVELOPMENT AGENCY
RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS,
OPERATORS OF BUSINESSES AND BUSINESS TENANTS IN THE
i SOBOBA SPRINGS REDEVELOPMENT PROJECT
SECTION I GENERAL
These rules have been promulgated to implement the provisions of the Redevel-
opment Plan for the Soboba Springs Redevelopment Project regarding the par-
ticipation and the exercise of preferences by owners, operators of businesses,
and business tenants in the Project Area on the effective date of adoption of
the Redevelopment Plan. These rules set forth the procedures governing such
preferences and participation.
The San Jacinto Redevelopment Agency ("Agency") desires and urges participa-
tion 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 Redevel-
opment Plan, persons and firms doing business in the Project Area will be
encouraged to form partnerships, corporations, or other joint entities 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, widening 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 according to the following order of
priority and subject to the provisions of the Redevelopment Plan:
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 11 PARTICIPATION BY OWNERS OF REAL PROPERTY
Property owners shall have 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 owners' 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
Administratic:i.
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
1�
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.
Where a proposal to participate in the same location involves a building
in good condition, but 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
In 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 owner-participants will be made available
at fair market value for the uses designated in the Redevelopment Plan.
Scheduling by the Agency will be programmed to permit the owners to con-
tinue in their present locations for as long as feasible pending comple-
tion of their new facility.
SECTION III PARTICIPATION BY TENANTS AND OPERATORS OF 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. Tenants 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.
SECTION IV PROCEDURE FOR BECDMING A PARTICIPANT
A. Procedure for Participation as Business Owner or Business Tenant
Every person interested in becoming a participant as an owner or tenant
t must submit a "Statement of Interest" within 60 days after the Redevelop-
ment Agency approves the intent to pursue redevelopment and/or develop-
ment 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 by registered
mail, return receipt requested, of: I) the Agency's intent to pursue
redevelopment and/or development of the subject parcel(s) or area(s);
2) the Agency's desire to solicit "Statements of Interest"; and 3) the
period of time during which said "Statements of Interest" would be
accepted.
The Agency will notify by registered mail, return receipt requested, each
owner or business tenant submitting a "Statement of Interest" at the time
within which he may submit a "Redevelopment Participation Proposal" to
the Agency to participate in the Project Area. The time allotted will
not exceed 60 days. Each Redevelopment Participation Proposal shall
include evidence of the individual's financial ability to complete his
participation 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 negotiate 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.
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 the participation proposal will be
carried out, and that the subject property will be developed or used in
accordance with the conditions, restrictions, rules, and regulations of
the Redevelopment Plan and 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 participant 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 to
the property involved will not contain restrictions imposed thereon
because of race, sex, color, creed, religion, national origin, or
ancestry.
Each Participation Agreement will establish maximum time limitation
within which the specific provisions of the agreement must be affected.
Participation Agreements will 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 Soboba Springs 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.
Al IDAVIT OF PUBLICATIC
Legal Notice of
Notice of Public Hearing
S n T� intn Rorl pyral nTymant
Agen y
In the Superior Court of the State of California Exhibit "As'
In and for the Count of Riverside e clTYorsAMJAtanro
STATE OF CALTFORNTA + iAP1 JACINTO,CALI FORM IAr-:!
6s PUBLICNEARING
County of Riverside `NOTICE VFIA' PUBLIC'
HEARING EY THE.SAN
ly AGENCY
Gill III IJACINTO-,REDEVELOPMENT
•„aSQ e,$,-, ...................... being du 'TO CONSIDER THE
swam,deposes and Bays: ADOPTION OF RULES GOV-
IERNING PARTICIPATION AND.
That the VALLEY REGISTER is a weekly newspaper 'PREFERENCES BY OWNERS
' and is now published and on all the dates and during all the OPERATORS BUSINESSES,
AND BUSINESS'TENANTS IN
times herein mentioned and referred to, Was published In the (THE SOBGBA SPRINGS REDE-
City of San Jacinto, County of Riverside, State of California, VELOPMENT PROJECT AREA
3345
for the dissemination of local and count news and Intelligence PURSUANT L TO SECTION HEALTH
Yt;OF THE PURSUANT
TO
HEALTH
of a general character,having a bona fide subscription list of [ANDSAPETY CODE '
paying subscribers, and has been so established, printed and I6([ NOTICE IS HE0.EBY GIVEN'•
published for more than one year next preceding the dates then the San Jacinto Redevelop-
P Y P g thatmen a Sannt;y will hold a godove is
of the publications and notice hereinafter referred to, and dur- hearing an the adoption of me•
Ing all of said time has been printed and published therein at "Rules Governing Par+ICIPa11on
regular intervals, to-wit,week) and is and was at all times, and Preference Businesses,
Owners,o
g Y. and Pr of ences y O nerand, Up-4
cra
bereln mentioned, a newspaper of general circulation, as de- ,fol Tenant'In the Sobnbo,'
fined by Section 4460 of the Political Code of the State of Cali- 'Springs Redevelopment Project
fornia, and is not and was not duringan of said time devot- Area'on November a,19e3.at the
Y hour of,P311'p.m. In the Chy'
ad to the interests or published for the entertainment or in- council Chamber of City Hall,
struction of a particular class, profession, trade, calling, race -:located wool East Main straohd
or denomination, or for the entertainment and instruction of I PSan rsuant.o Section 333
Pursuant to Section 333J5 0l the
any number of such classes, professions,trades,callings,races -Callforela Health and Safely Code.
or denominations. �.the Redevelopment Agency shall,
wlihin a resagnablo time before Its
approval of..ihet Redevelopment
That Affiant is and on all dates of publication of the Plain adopt and make avallable
notice hereinafter referred to was a Citizen of the United for public Inspection rules.to IPP
�plement the awation of States over the age of eighteen years, and a resident of said participation iconnector,owner.
County, Bad oil all said dates was authorized as .... C the plan. Said rules.have been
prepared and are on the In the
of said IlBWS paper and did piflcaoVth*City Clark otlM City,
Publisher P Pe , o1saniaolnto.
have on all said dates, control raid was in charge of publics- on jh"ay_and at the hour and
Dons of legal notices appearing in Said VALLEY REGISTER, place,atel wecnled.+lie Rode
and makes this affidavit for and on behalf of said newspaper, velopment Agency will hole a
publring'kmt receive tesih
that the legal notice, a Copy of which, as published in said manv�raty,rptatiKe to the adoption of
newspaper, is hereto annexed and marked Exhibit "A", and sad,rutSi Persons,wishing tot
Is herebyreferred to d art hereof, and that said address the Redevelopment,
erre o an made a P "Ili a to this molter.
legal notice, marked Exhibit "A" was published In the said o_ PA" yubtic;heas
newspaper on the following dates. to-wit: oyean dasiringlJrtdel ant a:
+lon may contact the City Manag•
at,the Ctf ettorvf Planblfol the.
office of the City Clerk of.Ihe,Guy
-of'SBT7aclnto-at me robove,;
-f)Ctnhpr 27 117IM aadreae.,prioj;to ines public
ameoh•
4.9 Ing. - 'k Sit.P � -
ValleyRagisteri-a `'*
0.27'
Subscribed and Sworn I.before me this
1983 MMMMM.sew oneeaaaaa------®-
.27th.dnyal,.0.C.t Ober...................tau... OP41AL SEAL
DEAN A,GILL
Ila
NOTARY PUBLIC.CALIFORNIA
-_ Plntar, Public In an for the County y PRINCIPAL OFFICE IN
of Riverside, State of Callarala RIVERSIDE COUNTY
EI Commndoa fag.Oct 19,19s4