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Home My WebLink AboutRDA 89-03 1 2 3 4 5 6 7 8 10 11 12 13 RESOLUTION NO. RDA 89-3 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN APROVING AND ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE TOWN CENTER REDEVELOPMENT PROJECT AREA AND AUTHORIZING TRANSMITTAL OF SAID RULES TO THE CITY COUNCIL OF THE CITY OF TUSTIN WHEREAS, Section 33339.5 of the California Community Redevelopment Law {Health and Safety Code Section 33000 et. seq.) provides that a redevelopment Agency shall adopt and make available for public inspection rules to implement the operation of business re-entry preferences in connection with a redevelopment plan; and WHEREAS, Section 3345 of the Community Redevelopment Law provides that a redevelopment Agency shall adopt and make available for public inspection rules to implement the operation of owner participation in connection with a redevelopment plan. i NOW, THEREFORE, THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: · Section 1. The "Rules Governing Participation and Preferences by i Property Owners and Business Occupants in the Town Center Redevelopment , Project Area", attached as Exhibit A and by reference made a part hereof, , are hereby approved and adopted. Section 2. The attached "Rules Governing Participation and Preferences ! by Property Owners and Business Occupants" supercede the rules adopted in 1976, and any amendments thereto. 17 Section 3. The Executive Director of the Tustln Community Redevelopment Agency is hereby authorized and directed to make available for public inspection these adopted rules. ~ ~ m~ ~ Section 4. The Executive Director of the Tustin Community Redevelopment ](). Agency is hereby authorized and directed to transmit a copy of the Rules, together with a copy of this Resolution to the City Council of the City of 2011 Tusttn. 9.1 22 23 24 25 PASSED, APPROVED AND ADOPTED this Att~es t ~//_ William A. Huston Executi ve_~jj~ctor 27, 28! dan~m~G.~ Rourke ); City Attorney i' il 6 th day of February , 1989. EXHIBIT A RULES GOVERNING P;~RTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BU,~INESS OCCUPANTS IN THE TOWN CENTER AREA REDEVELOPMENT PROJECT Adopted by: Tustin Community Redevelopment Agency Date: Resolution No: 071388. bl 408. Lus/2 II. III. IV. [Section 100] [Section 200] [Section 300] [Section 400] TABLE OF CONTENTS [Section 500] [Section 600] A. B. VII. [Section 700] VIIi. [Suction 800] PAGE PURPOSE AND INTENT .............................................. 1 DEFINITIONS ............................................................. 1 TYPES OF PARTICIPATION ........................................ PREFERENCES TO EXISTING OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREA ........ CONFORMING PROPERTIES ........................................ 4 PARTICIPATION PROCEDURES ................................... 4 [Section 601] Notice and Statement of Interest ...................... 4 [Section 602] Participation Agreements ................................... 5 1. [Section 603] General ........................................................ 5 2. [Section 604] Contents ...................................................... 5 ENFORCEMENT. .......................................................... 5 AMENDMENT OF RULES ............................................. "Statement of Interest in Participating" Form RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE .T...O. ~........C..I~.T. ER....._ .ARE ~.._R. E.D_.]~_v...~ L.Q.P_.~EI~.~_.... _P_R.9~ .EQT I. [Section 100] PURPOSE AND INTENT These rules are adopted to implement the provisions of thc Redevelopment Plan for the Town Center Area Redevelopment, Project regardir, g participation and the exercise of preferences by property owners, business occupants and others within the Project. These rules set forth the procedures governing such preferences and participation. The California Community Redevelopment Law (Health and Safety Code Section 33000 et .qgq.) requires the adoption of these rules by the Agency to permit participation in the redevelopment of the Project area by owners of real property and persons engaged in business within the boundaries of the Project area to the maxi,sum extent feasible consistent with the objectives of the Redevelopment Plan. IJ. [Section 200] DEFINITIONS As used herein, the following definitions apply: (l) "Redevelopment Plan" means the Amended Redevelopment Plan for the Town Center Area Redevelopment Project, as adopted by the City Council of the City of Tustin by Ordinance No. 701 on November 22, 1976 (the "Original Redevelopment Plan"), and as amended by the First and Second Amendments adopted by the City Council. (2) "Project area" means the p,'oject a,'ea described in Section 200 of the Original Redevelopment Plan and shown on the "Redevelopment Plan Map" attached to the Redevelopment Phm as amended by the First and Second Amendments. (3) "Agency" means the Tustin Community Redevelopment Agency. (4) "Owner" means any person, persons, corporation, association, partnership, or other entity holding fee title to or a long tern, lease of real p,'operty in the Project area for so long as such Owne,- holds such title or ]eLise. (5) "I,ong Term Lease" means a lease of real property with a term of twen~.y (20) years or more, with at least five (5) years remaining on such term. (6) "Business Occupants" means persons engaged in business witlHn I. he Project area for so long as such Business Occupant remains in business withir, the Project area. 071388. bl 1408.tus/2 (7) "Participation Agree,,,c,,t" nt~at,s an agreement entered into by an Owner, Business Occupant or others with the Agency in accordance with the provisions of the Redevelopment Plan and these rules. III. [Section 300] TYPES OF PARTICIPATION Participation may involve Owners, Business Occupants and others. Participation includes remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property ir'on, the Agency or joining with another person or entity for the development of the owner's property and, if appropriate, other property. An Owner who participates in the same location amy be required to rehabilitate or demolish all or part of his/her existing buildings, or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation also includes the Agency buying land and improvements at fair market value from Owners and offering other parcels for purchase }ay such Owners, or offering an opportunity for such Owners to develop property jointly with other persons or entities. IV. [Section 400] PREFERENCES TO OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREA Participation is desired in the rehabilitation and redevelopment of the Project area by ax many Owners and Business Occupants as practicable. The Agency shall extend preferences to Owners and Business Occupants to continue in or, if the Agency acquires the land of property Owner or the land on which Business Occupant is located, to re-enter the Project area if any such Owner or Business Occupant meets the requirements prescribed in tl,e Redevelopment Plan and these rules. Subject to these rules, Owners of real property in the Project area shall be extended a reasonable preference to participate in redevelopment of their properties by rehabilitation, by retentior, of improvements, by new development, by retaining all or a portion of their properties, by acquirir, g adjacent properties from the Agency, or by participating with developer(s) in the redevelopment of all or a portion of their properties or by other suitable means; provided, however, that such development will be consistent with and will not impair the objectives of the Redevelopment Plan as dete,'mb,ed by the Agency and ix othei'wise consistent with the guidelines provided by these rules. Subject to these rules, Owners within the Project area who desire to acquire new property within the P,'ojec£ area shall be extended a reasonable preference to acquire ar,d develop substitute properties within the Project area at such time as the Agency is able to make available for private development for such purpose properties within the Project area; provided, howevez', that such development wilt be consistent with and will not impair the objec£[ves of the Redevelopment Plan as determined by the Agency, and is otherwise consistent with the guidelines provided by these rules. -2- Subject to these rules, Bu.dness Otcupants within the Project area who desire to continue or re-enter into business within the Project area shall be extended a reasonable preference to relocate into substitute locations within the Project area at such time as the Agency is able to make available such locations. Participation opportunities shall necessarily be subject to and limited by factors such as the following: (1) The elimination and changing of some land uses; (2) The construction, realignment, abandonment, widening, opening and/or other alteration or elimination of public rights-of-way; (3) The removal, relocation, and/or installaUon of public utilities and public facilities; (4) The ability of participants to finance the proposed acquisition, development or rehabilitation in accordance with the Redevelopment Plan; (5) The ability and experience of participants to undertake and complete the proposed rehabilitation or development; (6) Ar, y reduction in the total number of individual parcels in the Project area; (7) The construction or expansion of public improvements and facilities, and the necessity to assemble areas for such; (8) Any change in orientation and character of the Project area; (9) The necessity to assemble areas for public and/or private development. (lO) The requirements of the Redevelopment Plan and applicable rules and regulations of the City of Tustin. (11) Any design guide adopted by the Agency pursuant to the Redevelopment Plan; and (12) The; feasibility of the participant's proposal. If conflicts develop between the desires of potential participants for particular sites or land uses, the Agen(:y is, subject to the preference provisions above, authorized to establish ,'easonable priorities and preferences among the potential participants and to determine a solution by consideration of such factors as: -length of time in the area; -accommodation of as many participants as possible; -3- -ability to perform; -similar ]and use to similar land use; and -conformity with intent and purpose of the Redevelopment Plan and these rules. Participation to the extent feasible shall be available for two or more persons, firms or institutions to join together in partnerships, corporations, or other joint entities. V. [Section 500] CONFORMING PROPERTIES The Project area is large and contains many parcels of real property. As a result, there is a need to simplify the availability of participation opportunities. Therefore, as an alternative to requiring a Participation Agreement for each property not to be purchased or subject to Agency acquisition by eminent do,hain, the Ager, cy may, in its sole and absolute discretion, determine that certain real properties within the Project area presently meet the requirements of the Redevelopment Plan, and the Owners of such properties will be permitted to remain aa Owners of conforming properties without a Participation Agreement with the Agency, provided such Owners continue to operate, use, and maintain the real p,'operties within the requirements of the Redevelopment Plan or of any design guide approved by the Agency pursuant Lo the Redevelopment Plan. A certificate of conformance to this effect may be issued by the Agency and recorded. In the event that any of the Owners of conforming properties or their tenants desire to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real properly described above as conforming, or (2) acquire additional property within the Project area, then, in such event, such Owners of conforming properties may be required by the Agency to enter into a Participation Agreement with the Agency. VI. [Section 600] PARTICIPATION PROCEDURES A. [Section 601] m~O ~ ~ ~ mmm m~m ~mdmmmmmm~mm~ ~me ~)~ ~m~ m l.O--f iii .!in ~el ~_~.~.~ Before entering into any Participation Agreements, disposition and development agreements, exclusive negotiation agreements, or taking other actions which may involve the acquisition of real property in the Project area, the Agency shall first notify Owners and Business Occupants of property which may be acquired and call upon them to submit Statements of Interest in participating in the proposed development or in otherwise participating i.n the redevelopment of the Project area. The Agency shall deliver to each Owner or Business Occupant of real property which may be acquired, a form Statement of Interest at least forty-five (45) days prior to considering any of the actions requiring acquisition of real pr'operty. Those desiring to submit Statements of Interest -4- must complete and submit such statements to the Agency within thirty (30) days of receipt. Such statements shall include information requested by the Agency and shall be in the form requested by the Agency. Any Owner or Business Occupant or others may also submit such a statement at any time before such notification. The Agency shall consider such statements as are submitted on time and shall seek to develop reasonable participation for those submitting such statenients whether to stay in place, to move to another location, or to obtain preferences to re-enter the Project area. The Agency may in its sole discretion determine that a participation proposal is not feasible or in the best interest of the Redevelopment Project or the contmunity, or is otherwise limited by one or more of the criteria set forth in Section 400 hereof. In such event, the Agency may select a developer from among prospective participants submitting Statements of Interest and others invRed to submit proposals. B. [Section 602] 1. [Section 603] .Qe. pe_r__a.] Public and private Owners or Business Occupants wishing to develop or improve their properties within the Project area my be required, as a condition to Agency approval of such development, to enter into a Participation Agreement with the Agency if the Agency determines it is necessary to impose upon such property any of the standards, x'estrictions and controls of the Redevelopment Plan or of any design guide adopted by the Agency pursuant to the Redevelopment Plan. 2. [Section 604] .Qp.O.~e_p L.~ A Participation Agreement shall obligate the Owner or his/her heirs, and successors and assigns, and/or a Business Occupant or others to acquire, rehabilitate, develop and/or use the property, as may be applic~able, in conformance with the Redevelopment Plan and to be subject to such other provisions and conditions of the Redevelopment Plan for the period of time that the Redevelop~nent Plan is ira force and effect, excepting those provisions related to non-discrimination and non-segregation which shall run in perpetuity. Each Participation Agreement will require the participant to join in the recordation of such documents as the Agency nmy require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Redevelopment Plan and the agreement. Participation Agreements will be effective only if approved by a majority vote of the members of the Agency. VII. [Section 700] ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Redevelopment Plat,, with an Ager, cy -5- determination of conformance, or a Participation Agreement, then the Agency is autho,'ized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. The Agency shall not acquire real property retained or developed under an approved Participation Agreement if the participant fully performs under the agreement. VIII. [Section 800] AMENDMENT OF RULES These rules supersede the rules adopted in 1976, and any amend~nents thereto. The Ager,cy may amend these rules at any regular meeting or duly called special meeting held after' their adoption, but only after notice to the Agency men, bets and the public. The text of the proposed change shall be furnished along with the no[ice of the meeting. Such notice shall be delivered at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at the discretion of the Agency. No such amendment shall retroactively impair the rights of any parties who have executed Participation Agreements with the Agency in reliance upon these rules as presently constituted. -6- $.TAT.E]~._ .'_E~,.. T ....._oF .....! _N T__E~_E_S..'!~.....! ..N.......P..._AR,.T! C..!,P..._A.~.~_N~ I hereby express my interest in participating in the Redevelopment Project and submit the following information: 2. 3. 4. 5. Name ............................................................................................................. Telephone ................................................. Home Address Name of Business Address of Business My present involvement in the Project area is: I now own property in the Project. ................................. I now lease property in the Project. ................................. Explain: 6. I am interested in participating: As a Property Owner ..................................................................... As a Tenant 7. If I participate: I would like to continue at the same location I would like to change my present location I would like to acquire real property for expansion (indicate approxi- mate requirements) .............................................................................................................................................................. REMARKS: I understand that submission of this Statement of Interest form does not obligate me to participate in the Town Center Area Redevelopment Project. Signed ..................................... Date ............................. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and Secretary Clerk of the Community Redevelopment Agency of the City of Tustin, California, does hereby certify that the whole num- ber of the members of the City Council as the Community Redevelopment Agency is five; that the above and foregoing Resolution No. RI)A 89-:t was duly and regularly introduced, passed and adopted at a regular meeting of the City Council as the Community Redevelopment Agency held on the t~th day of Fe§ruar~, 1989, by the following vote: AYES : COUNCILPERSONS: Kennedy, Edgar, Hoestery, Kelly NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None ABSTAINED: COUNCILPERSONS: Prescott MARY E. 'WYNN~City Clerk~ecretary Clerk City of Tusti~, Cali forni-a