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Home My WebLink AboutRDA RES 03-01RESOLUTION NO. RDA 03-01 2O 23 24 26 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECEIVING THE RULES GOVERNING PARTICIPATION AND pREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE MCAS-TUSTIN REDEVELOPMENT PROJECT, ADOPTING SUCH RULES, AND DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION The Tustin Community Redevelopment Agency DOES HEREBY RESOLVE as follows: I. The TuStin Community Redevelopment Agency finds and determines as follows: ko 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. Bo Section 33345 of the Community Redevelopment Law (CRL) 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. NOW THEREFORE, the Tustin Community Redevelopment Agency resolves as follows: , The "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the MCAS-Tustin Redevelopment Project," attached as Exhibit A and by reference made a part hereof, are hereby received and adopted. ,, The Executive Director of the Tustin Community Redevelopment Agency is hereby authorized and directed to make the Rules available for public inspection. ]6 20 2.4 25 ?.6 2.? 28 29 PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency held on the 17th day of March, 2003. P A]~¥'~'L~ 'STOKER Recording Secretary STATE OF.CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN )' SS I, Pamela Stoker, Recording Secretary and ex-officio Recording Secretary.of the Community Redevelopment Agency of the City of Tustin, California, do hereby certify that the whole number of the members of the Community Redevelopment Agency of the City of Tustin is five; that the above and foregoing Resolution No. RDA 03-01 was duly passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency, held on the 17th day of March 2003, by the following vote: AGENCYMEMBER AYES: AGENCYMEMBER NOES: AGENCYMEMBER ABSTAINED: AGENCYMEMBER ABSENT: WORLEY, KAWASHIMA, BONE, DAVERT NONE NONE THOMAS PAMELA STOKE~ Recording Secretary Rda 03-01 MCAS owner part. doc l0 20 2.] 24 Exhibit A Rules Governing Participation and Preferences by Property Owners and Business Occupants in the MCAS-Tustin Redevelopment Project [Attach copy of Rules to resolution] EXHIBIT A RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE MCAS-TUSTIN REDEVELOPMENT PROJECT Adopted by: Tustin Community Redevelopment Agency Date: Resolution No: PA0301011 .TUS:DVB:gbd 19830.003.004102127103 TABLE OF CONTENTS PAGE [Section 100] PURPOSE AND INTENT ........ . ........................................................................ 1 [Section 200] REALIGNMENT AND CLOSURE .................................................................... 1 III. [Section 300] DEFINITIONS .................................................................................................. 1 IV. [Section 400] OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO REENTER IN BUSINESS WITHIN REDEVELOPED AREA'. ................................................. 2 A. [Section 40,1] Opportunities for Owner Participation .............................................................. 2 B. [Section 402] Preferences for Persons Engaged in Business in the Project Area ................ 2 Mo [Section 500] METHODS OF PARTICIPATION, AND LIMITATIONS THEREON ............... 2 A. [Section 501] B. [Section 502] C. [Section 503] Methods of Participation .................................................................................. 2 Limitations on Participation Opportunities ....................................................... 2 Conflicts Between Potential Participants ........ T. ............................................... 3 VI. [Section 600] METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON .......................... ~. ............... 3 A. [Section 601] B. [Section 602] C. [Section 603] Methods for Extending Reentry Preferences ....................................... : ........... 3 Limitations on the Extension of Preferences ................................................... 3 conflicts Between Business Occupants Seeking Similar Preferences ...................................................................................................... 4 VII. [Section 700] PARTICIPATION PROCEDURES ................................................................... 4 A. [Section 701] Notice and statement of Interest ..................................................................... 4 B. [Section 702] Participation Agreements ................................................................................. 5 1. [Section 703] 2. [Section 704] 3. [Section 705] General .................................................................................................... 5 Contents .................................................................................................. 5 Approval of Agreements .......................................................................... 5 VIII. [Section 800] ENFORCEMENT ............................................................................................. 5 IX. [Section 900] AMENDMENT OF RULES ............................................................................... 5 "Statement of Interest in Participating" Form PA0301011.TUS:DVB:gbd 19830.003.004102127103 RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE MCAS-TUSTIN REDEVELOPMENT PROJECT I. [Section 100] PURPOSE AND INTENT These rules are adopted by the TUstin Community Redevelopment Agency ("Agency") to implement the provisions of the Redevelopment Plan for the MCAS-Tustin Redevelopment Project ("Project") regarding participation and the exercise of preferences by PrOperty owners and business occupants within the Project Area. These rules set forth the procedures governing such preferences and participation. The California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) requires the adoption of these rules by the Agency to provide for participation in the redevelopment of the Project Area by owners of real property and the extension of preferences to persons engaged in business within the boundaries of the Project Area to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the redevelopment plan for the Project ("Redevelopment Plan" or "Plan"). II. [Section 200] REALIGNMENT AND CLOSURE The Tustin Marine Corps Air Station ("MCAS") has been-realigned and closed by the U.S. Department of Defense pursuant to the federal Base Closure and Realignment Act. Ail existing residents and other military and non-military Project Area occupants have been relocated by the U.S. Department of Defense in connection with the realignment and closure of the MCAS. Accordingly, the following provisions regarding owner participation and business re-entry preferences have limited immediate applicability. However, the duration of the Redevelopment-Plan for the MCAS-Tustin Redevelopment Project is 30 years and given this, it is possible that the following provisions regarding owner participation and business re-entry preferences may have applicability in the future. I!1. [Section 300] DEFINITIONS As used herein, the following definitions apply: (4) "Redevelopment Plan" means the Redevelopment Plan for the MCAS-Tustin Redevelopment Project, as adopted by the City Council of the City of Tustin. (2) "Project Area" means the Project Area described in Section 200 of the Redevelopment Plan and shown on Exhibit "A," Redevelopment Plan Map, attached thereto. (3) "Agency" means the Community Redevelopment Agency of the City of Tustin. (4) "Owner" means any person, persons, corporation, association, partnership, or other entity holding fee title to or a long term lease of real property in the Project Area for so long as such Owner holds such title or long term lease. (5) (6) (7) "Long Term Lease" means a lease of real property with a term of twenty (20) years or more, with at least five (5) years remaining on such term. "Participation Agreement" means an agreement entered into by an Owner with the Agency providing for such Owner to participate in the redevelopment of property within the Project Area in accordance with the provisions of the Redevelopment Plan and these rules. "Participant" means an Owner who has entered into a Participation Agreement with the Agency. PA0301011.TUS:DVB:gbd 19830.003.004/02J27/03 Page 1 ,(8) "Business Occupant" means any person, persons, corporation, association, partnership, or other entity engaged in a lawful business within the Project Area for so long as such Business Occupant remains in business within the Project Area. IV. [Section 400] OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO RE-ENTER IN BUSINESS WITHIN THE PROJECT AREA A. [Section401] Opportunities for Owner Participation Owners of real property within the Project Area shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Area if such Owners agree to participate in the redevelopment in conformity with the Redevelopment Plan and these rules. B, [Section 402] Preferences for Persons Enqa.qed in Business in the Project Area Business Occupants engaged in business in the Project Area shall be extended reasonable preferences to re-enter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Redevelopment Plan and these rules. V. [Section 500] METHODS OF PARTICIPATION, AND LIMITATIONS THEREON A. [Section 501] Methods of Participation Participation methods include remaining in substantially the same location either by retaining all or portions of the property; or by retaining ali or portions of the property and purchasing adjacent property from the Agency; or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property; or submitting to the Agency for its consideration another method of participation proposal pursuant to these rules. An. Owner who participates in the same location may 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 methods also include the Agency buying land and improvements at fair market value from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. B. [Section 502] Limitations on Participation Opportunities 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) (4) The removal, relocation, and/or installation of public utilities and public facilities; The ability of potential Participants to finance the proposed acquisition, development or rehabilitation in accordance with the Redevelopment Plan; (5) The ability and experience of potential Participants to undertake and complete the proposed rehabilitation or development; (6) Any 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; PA0301011 .TUS:DVB:gbd 19830.003.004102127103 Page 2 (9) (10) The necessity to assemble areas for public and/or private development; The requirements of the Redevelopment Plan and applicable rules, regulations, ordinances of'the City of Tustin; and (11) (12) C. Any design guidelines adopted by the Agency pursuant to the Redevelopment Plan; and The feasibility of the potential Participant's proposal. [Section 503] Conflicts Between Potential Participants If conflicts develop between the desires of potential Participants for particular sites or land uses, the Agency is, subject to the limitation factors above, authorized to establish reasonable priorities and preferences among the potential Participants and to determine a solution by consideration of such factors as: (1) Length of time in the Project Area; (2) The needs and desires of the Project Area; (3) (4) Accommodation of as many potential Participants as possible; Ability to perform; (5) Similar land use to similar land use; and (6) 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. VI. [Section 600] METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON A. [Section 601] Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by Agency action from the Project Area, if any, the Agency will, pdor to such displacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Area, or 2) if suitable relocation accommodations within the Project Area are not available prior to displacement, whether, such Business Occupant would desire to re-enter in business within the Project Area at a later date should suitable accommodations become available. For those Business Occupants who desire to relocate directly to another Project Area location, .the Agency will make reasonable efforts to assist such Business Occupants to find accommodations at locations and rents suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directly relocated within the Project Area, but who have stated that they desire to re-enter into business in the Project Area whenever suitable locations and rents are available, will be maintained by the Agency. The Agency will make reasonable efforts to assist such Business Occupants to find re-entry accommodations at locations and rents suitable to their needs. B. [Section 602] Limitations on the Extension of Preferences Re-entry preferences shall necessarily be subject to and limited by factors such as the following: (1) (2) The extent to which suitable relocation or re-entry accommodations exist or are rehabilitated or developed within the Project Area; The extent to which suitable relocation or re-entry accommodations are available to displaced Business Occupants within an acceptable time period or at rents and other : Page 3 PA0301011.TUS:DVB:gbd 19830.003.004/02/27/03 terms that are acceptable to such displaced Business Occupants, and within their financial means; and Co (3) The requirements of the Redevelopment Plan or any design guidelines adopted by the Agency pursuant to the Redevelopment Plan. [Section 603] Conflicts Between Business Occupants Seekinq Similar Preferences If conflicts develop between Business Occupants who seek similar preferences (e.g., two or more occupants who desire to relocate directly to or to re-enter in business at the same premises), the Agency is, subject to the limitation factors above, authorized to establish reasonable priorities and preferences among such occupants and to determine a solution by consideration of such factors as: (1) Length of time in the neighborhood; (2) Accommodation of as many Business Occupants as possible; (3) Appropriateness of the type of business within the proposed premises and/or at the proposed location; (4) The needs and desires of the area; (5) The feasibility of business success; and (6) Conformity with the intent and purpose of the Redevelopment Plan and these rules. Vii. [Section 700] PARTICIPATION PROCEDURES A. [Section 701] Notice and Statement of Interest 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 Business Occupants and Owners 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 in the redevelopment of the Project Area. The Agency shall deliver to each Owner of real property which may be acquired, a Statement of Interest in Participating form at least forty-five (45) days prior to considering any of the actions requiring acquisition of real property. Those desiring to submit Statements of Interest in Participating 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 may also submit such a statement at any time before such notification. A sample statement is included herein as the last page of this document. The Agency shall consider such statements as are submitted on time and shall seek to develop reasonable participation for those submitting such statements whether to stay in place or to move to another location. 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 community, or is otherwise limited by one or more of the Criteria set forth in Section 502 hereof. In such event, the Agency may select a developer from among prospective participants submitting Statements of Interest in Participating and others invited to submit proposals. The Agency also has the option to select none of the proposals, and, if deemed desirable, to solicit new participation or development proposals. PA0301011 .TUS:DVB:gbd 19830.003.004/02/27/03 Page 4 B. [Section 702] Participation Apreements 1. [Section 703] General Public and private Owners and Business Occupants. wishing to develop or improve their properties within the Project Area may be required, as a condition to Agency approval of such development, to enter into a binding, written Participation Agreement with the Agency if the Agency determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Redevelopment Plan or of any design guidelines adopted by the Agency pursuant to the Redevelopment Plan. 2. [Section 704] Contents A Participation Agreement shall obligate the Owner and/or Busi.ness Occupant, and the Owner's or Business Occupant's heirs, successors and assignees to acquire, rehabilitate, develop and use the property, as may be applicable, in conformance with the Redevelopment Plan and/or to be subject to such other provisions and conditions of the Redevelopment Plan as the Agency may require for the period of time that the Redevelopment Plan is in force and effect, excepting those provisions related to non-discrimination and non-segregation which shall run in perpetuity. Each Participation Agreement will contain such terms and conditions and will require the potential Participant to join in the recordation of such documents as the Agency may require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Redevelopment Plan and the agreement. 3. [Section 705] Approval of Aqreements All Participation Agreements must be approved by majority vote of the Agency B__oard before they are effective. VIii. [Section 800] ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Redevelopment Plan, with an Agency determination of conformance, or a Participation Agreement, then the Agency is authorized 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. IX. [Section 900] AMENDMENT OF RULES The Agency may amend these rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the Agency members and the public. The text of the proposed change shall be furnished along with the notice 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. PAO301011,TUS:DVB:gbd 19830.003.004/02/27/03 Page 5 SAMPLE TUSTIN COMMUNITY REDEVELOPMENT AGENCY STATEMENT OF INTEREST IN PARTICIPATING ! hereby express my interest in participating in the MCAS-Tustin Redevelopment Project and submit the following information: Daytime 1. Name: Telephone: 2. Home Address: -, My present involvement in the Project Area is: (check a or b) a)_ ! now own property in the Project: b)_ I now lease property in the Project: Explain: (use additional sheets if necessary) 4. Address of Business: 5. Name of Business(es) located on my-property, if any; 6. I _ own _ do not own business(es) located on my proped7 (check one) 7. If you do not own the business(es) located on your property, please list the name(s), address(s) and telephone number(s) of the owner(s) on a separate sheet. 8. If l participate: (check a, b or c) a) m I would like to continue at the same location b) ~ I would like to change my present location c) ~ I would like to acquire real property for expansion (indicate approximate requirements; use additional sheets if necessary) REMARKS: (use additional sheets if necessary) I understand that submission of this Statement of Interest in Participating form does not obligate me to participate in the MCAS-Tustin Redevelopment Project. Signed Date PA0301011.TUS:DVB:gbd