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Home My WebLink AboutRDA TWN CTR REDEV 02-06-89WILLIAM HUSTON, EXECTUTIYE DIRECTOR FROM: SUBJECT: C0FLqUNITY DEYELOPIqENT DEPARTIqENT . . REDEVELOPfqENT AGENCY FINAL REPORT TO CITY COUNCIL ON THE PROPOSED SECOND AlqENDIqENT TO THE AHENDED REDEVELOPfqENT PLAN FOR THE TOWN ~I:MTI:D ADI:A DI~llI:'V&'I rID~ml:MT DDrLII:'/~T m J RECOIqlqENDATION It is recommended that the Agency: 1. Adopt Resolution No. 89-2 approving the Agency's report to the City Council on the subject Amendment and authorizing transmittal to the City Council. 2. Adopt Resolution No. 89-3 approving and adopting Rules governing participation and preferences by project owners and business occupants in the Town Center Project Area. and authorizing transmittal to the City Council. BACKGROUND ! Enclosed is the Agency's Final Report to the City Council on the proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Area Redevelopment Project.. The Report is divided into 12 parts each of which correspond to the requirements for a report to City Council contained in Section 33352 of the California Community Redevelopment Law. The purpose of the Report ts to provide information, documentation and evidence on the proposed Second Amendment to assist the Agency and City Council in making the various determinations and findings they must make in connection with the adoption of the proposed Amendment. A1 so attached for the Agency's approval are revised rules governing participation and preferences by property owners and business occupants in the Town Center Redevelopment Project Area. Revisions to these owner participation and preference rules were specifically recommended by the City's consulting firm, Katz-Hollis to reflect changes in law and procedure. After the Agency's approval of the Final Report and attached rules, they will be transmitted to the City Council for their receipt along with the proposed Second Amendment and for reference during the joint public hearing noticed to be held on February 21, 1989. · ChP1 Sit ne Shi ngeton - Director of Community4~velopment CAS:pef Attachments' 1 2 3 4 5 RESOLUTION NO. RDA 89->' A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN APPROVING THE AGENCY'S REPORT TO THE CITY. COUNCIL ON THE PROPOSED SECOND AMENDMENT TO THE.AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA AND AUTHORIZING SUBMITTAL · . OF REPORT AND SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN TO CITY COUNCIL WHEREAS, the Community Redevelopment Agency of the City of Tustin has prepared a Second Amendment to the Amended Redevelopment Plan for the Town Center Area Redevelopment Project; and WHEREAS, the Community Redevelopment Agency has submitted the proposed Second Amendment to the Amended Redevelopment Plan to the Planning Commission of the City of Tustin for its report and recommendation and has received such report and recommendation; and 10 WHEREAS, pursuant to Sections 33352 and 33354.6 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.) the 11 Agency has prepared a Report to the City Council on the pro'--posed Second Amendment to the Amended Redevelopment Plan. 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN DOES RESOLVE AS FOLLOWS: Section 1. The Agency hereby approves the Community Redevelopment AgencY's Report to'the Tustin City Council on the proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Redevelopment Project, in the form attached hereto. Section 2. The Agency hereby submits the proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Area Redevelopment Project to the City Council in the form attached hereto, accompanied by the Agency's Report to the City Council, including the report and recommendations of the Planning Commission. PASSED, APPROVED AND ADOPTED this th day of , 1989. ATTEST: Ursula E. Kennedy Chairperson William A. Huston Executive Di rector APPROVED AS TO FORM: James G. Rourke City Attorney RESOLUTION NO. RDA t A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN APROVING AND ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY QWNERS 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 8 WHEREAS, Section 3345 of the Community Redevelopment Law provides that a redevelopment Agency shall adopt and make available for public inspection 9 rules to implement the operation of owner participation in connection with a redevelopment plan. 10 NOW, THEREFORE, THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE AS I l FOLLOWS: 12 13 14 l? 19 2O 21 23 27 Section 1. The "Rules Governing Participation and Preferences by ~ropertyI 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 y P~ty Owners and Business Occupants" supercede the rules-adopted in 1976, and any amendments thereto. 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. Section 4. The Executive Director of the Tustin Community Redevelopment ~ 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 Tustin. PASSED, APPROVED AND ADOPTED this th day of , 1989. Attest: Ursula E. Kennedy Chairperson Wi 11 i am A. HO ston Executi ye Di rector APPROVED AS TO FORM'' J~es G. Rourke City Attorney EXHIBIT A RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE TOWN CENTER AREA REDEVELOPMENT PROJECT Adopted by: Tustin Community Redevelopment Agency Date: Resolution No: 071388. bl ].408.~,us/2 Ie II. III, IV. Ve VI. [Section 100] [Section 200] [Section 300] [Section 400] TABLE OF CONTENTS [Section 500] [Section 600] A. Be PURPOSE AND PAGE INTENT .............................................. 1 DEFINITIONS ................................ : ............................ 1 TYPES OF PARTICIPATION ........................................ 2 PREFERENCES TO EXISTING OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREA ........ 2 CONFORMING PROPERTIES ........................................ 4 PARTICIPATION PROCEDURES ................................... 4 [Section 601] Notice and S~atement of Interest ...................... 4 VII. [Section 700] VIII. [seCtion 800] [Section 602] Participation Agreements~ .................................. 5 1. [Section 603] General ........................................................ 5 2. [Section 604] Contents ...................................................... 5 ENFORCEMENT ...........................................................5 .. AMENDMENT OF RULES ......................................... ;...6 "SLatement of Interest in Participating" Form RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE TOWN CENTER AREA REDEVELOPMENT PROJECT I. [Section 100] PURPOSE AND INTENT These rules are adopted to implement the provisions of the Redevelopment Plan for the Town Center Area Redevelopment. Project regarding 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 .~._~ P_~.9.) 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 maximum extent feasible consistent with the objectives of the Redevelopment Plan. II. [Section 200] DEFINITIONS As used herein, the following definitions apply: (1) "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 project area described in Section 200 of the Original Redevelopment Plan and shown on the "Redevelopment Plan Map" attached to the Redevelopment Plan 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 tit]e to or a long tern, lease of real property in the Project area for so long as such Owner' holds such title or lease. (5) "I,ong 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. (6) "Business Occupants" means persons engaged in business within tohe Project area for so' long as such Business Occupant remains in business within the Project area. 071388. bl 1408.tus/2 (7) "Participation Agreement" means 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 from 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 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 also includes the Agency buying land and improvements at fair market value from Owners and offering other parcels for purchase by 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 as. many Owners and Bus/ness Occupants as practicable. The Agency shall extend preferences to Owners and Business Occupants to continue in or, if the Agency acquires the ]and 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 the 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 retention, of improvements, by new. development, by retaining all or a portion of their properties, by acquiring 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 determined by the Agency and is otherwise 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 Project area shall be extended a reasonable preference to acquire and 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, however, that such development will be consistent with and will not intpair the objectives 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, Business Occupants 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 l~nd uses; (2) The construction, realignment, abandonment, widening, opening and/or other alteration or elimination of public rights-of-way; (3) (4) The rentoval, relocation, and/or installation of public utilities and public facilities; The ability of participants to finance the proposed acquisition,' development or rehabilitation in accordance with the Redevelopment Plan; (5) (6) The ability and experience of participants to undertake and complete the proposed rehabilitation or development; Any reduction in the total number of individual parcels in th~ 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. (10) 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 parf. icipants for particular sites or land uses, the Agency is, subject to the preference provisions above, authorized to establish reasonable 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 domain, the Agency nmy, 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 as Owners of conforming properties without a Participation Agreement with the Agency, provided such Owners continue to operate, use, and maintain the real properties within the requirements of the Redevelopment Plan-or of any design guide approved by the Agency pursuant to the Redevelopment Plan. A certificate of conformance to this effect may be issued by the Agency' and recorded. In the event that any of tile Owners of conforming properties or their tenants desire to (1) construct any additional improvements or subsLantially alter or modify existing structures on any of the real property described above as conforming, or (2) acqu/re 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] 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 Owners and Business Occupants of property which may be acquired and call upon them to submit Statements of Interest in participating in the proposed developmen£ 'or in otherwise participating in the redevelopment of ~he 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 leas~, forty-five (45) days prior to considering 'any of the actions requiring acquisition of real property. 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 statement at any time before such notification. The Agency shall consider such statements as are submitted on time and shah seek to develop reasonable participation for those submitting such statentents 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 community, or is otherwise li~nited 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 invited to submit proposals. B. [Section 602] Participation Agreements 1. [Section 603] General Public and private Owners or 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 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 guide adopted by the Agency pursuant to the Redevelopment Plan. 2. [Section 604] Contents 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 applicable, 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 Redevelopment Plan is in force and effect, excepting those provisions related ~o non-discrimination and non-segregation wh£ch shall run in perpetuity. Each Participation Agreement will require the 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. 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 PJ.an, with an Agency -5- 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 [o obtain such conformance. The Agency shall not acquire real · property rehained or developed under an approved Participation Agreemen.~ if the participant fully performs under the agreement. VIII. [Section 800] AMENDMENT OF RULES These rules supersede the rules adopted in 1976, and any amendmen'£s thereto. The Agency may amend these rules ai any regular meeting or duly called spec'iai meeting held after their adoption, but only after notice ko ~he Agency members and the public. The ~ext 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 no~ice is at the discretion of the Agency. No such amendmen£ shall re[.roactively impair the rights of any parties who have executed Participation Agreements with the Agency in reliance upon these rules as presently constituted. -6- STATEMENT OF INTEREST IN PARTICIPATING I hereby express my interest in participating in the Redevelopment Project and submit the following information: 1. Name - Telephone 2. Home Address 3, 4, 5, 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, 7, I am interested in participating:. As a Properiy Owner As a Te~mnt If I participate: I would like to continue at the same location I would like to change my present location I would [/ke to acquire real property for expansion (indicate approxi- mate requirements) REN[ARKS: 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