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HomeMy WebLinkAboutRedevelopment Agency - 35 RESOLUTION NO. 35 A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY ADOPTING RULES GOVERNING PARTICIPATION AND RE-ENTRY PREFERENCES FOR OWNERS, BUSINESSES AND TENANTS IN REDEVELOPMENT PROJECT AREAS WITHIN THE CITY OF HUNTINGTON BEACH WHEREAS, the Huntington Beach Redevelopment Agency is preparing redevelopment plans within the City of Huntington Beach; and WHEREAS, Section 33339.5 of the California Health and Safety Code provides that for each redevelopment project the Agency shall , within a reasonable time prior to approval of the redevelopment plan, adopt and make available for public inspection rules governing re-entry preferences for persons who are engaged in business within the project areas; and WHEREAS, Section 33345 of the California Health and Safety Code provides that, the Agency shall , within a reasonable time prior to its approval of a redevelopment plan for a project area, adopt and make available for public inspection rules govern- ing owner-participation; NOW, THEREFORE, be it resolved that: Section 1. The Huntington Beach Redevelopment Agency .hereby adopts the rules governing participation and re-entry preferences for owners, businesses and tenants within redevelopment project areas within the City of Huntington Beach, as described , in Exhibit "A" attached hereto and by this reference made a part hereof. Section 2.. The Huntington Beach Redevelopment Agency hereby directs that copies of the rules governing participation . and re-entry preferences for owners, operators of ,businesses and tenants within the redevelopment project areas within the City of Huntington Beach shall .be made available during regular business hours for public inspection in the Office of the Director of Business and Industrial Enterprise. PASSED, APPROVED and ADOPTED this 16th day of August 1982.. ATTEST: Secretary Ch p - APPROVED AS TO FORM: APPROVED AS TO CONTENT: gency ounsel Executive Off er INITIATED AND APPROVED: Director, Business and Industrial Enterprise 2 . j A� It . - HUNTINGTON BEACH REDEVELOPMENT AGENCY RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR OWNERS, BUSINESSES, AND TENANTS IN ANY REDEVELOPMENT PROJECT AREA TABLE OF CONTENTS Section Pa�c e 1.0 Purpose and Intent 1 2.0 Definitions 1 3.0 General Procedures 2 4.0 Participation by Owners of Real Property 3 4.1 Participation in the Same Location 3 4.2 Participation In a Different Location 3 5.0 Participation by Tenants 4 5.1 Participating as Owners 4 5.2 Business Tenants Participating as Tenants 4 6.0 Conforming Owners 4 7.0 Procedure for Becoming a Participant 5 7.1 Submittal of a Statement of Interest 5 7.2 Submittal of a Proposal for Owner/Tenant Participation 6 7.3 Completion of a Participation Agreement 6 8.0 Limitations on Acquisition of Property by the Agency 6 9.0 Procedure for Amending Participation•Rules 7 Appendix FORMAT FOR STATEMENT OF INTEREST TO PARTICIPATE 1.0 Purpose and Intent These rules are promulgated to implement the provisions of the California Community Redevelopment Law, and any Redevelopment Plan carried out within the City of Huntington Beach regarding participation by owners and tenants in said Redevelopment Project. These rules set forth the procedures governing such participation in accordance with the adopted Redevelopment Plan for any Project Area. It is the intention of the Huntington Beach Redevelopment Agency ("Agency") to encourage and permit participation in the redevelopment of any Project Area by owners of real property, persons engaged in business and tenants residing within the boundaries of any Project Area, to the maximum extent feasible and consistent with the adopted Redevelopment Plan for any Project Area. Participation by individual persons and firms is permitted; in addition, to the extent feasible, two or more persons, firms, or institutions are also urged to participate by joining together in partnerships, corporations, or other joint entities. 2.0 Definitions "Agency" means the Huntington Beach Redevelopment Agency. "City Council" means the City Council of the City of Huntington Beach. "Participation Agreement" means an agreement entered Into between the Agency and an owner of real property, persons engaged in business, or tenants living within the Project Area in accordance with the provisions of the Redevelopment Plan and the rules as designated herein. "Project Area" means the Project Area described in the Redevelopment Plan. "Redevelopment Plan" means any Redevelopment Plan adopted by the City Council of the City of Huntington Beach. "Tenant" means any person, persons, corporation, association, partnership or other entity that rents or leases real property on the date of, or subsequent to, adoption of the Redevelopment Plan by the City Council. -1- 3.0 General Procedures These rules have been adopted by the Agency specifically to implement the provisions of any Redevelopment Plan adopted by the Huntington Beach City Council regarding participation and the exercise of reentry preferences for owners, tenants, and businesses within Project Areas. Persons and businesses which are desirous of exercising their participation rights and preferences should abide by these rules in exercising their preferences and participation opportunities. The Agency desires and urges participation in the growth and development of the Project Area by as many property owners, businesses and tenants as possible. In view of the pattern of land usage and development envisioned by the Redevelopment Plan, persons owning real property and firms doing business in the Project Area will be encouraged, whenever feasible, to take advantage of their participation and preference opportunities as described herein. Participation opportunities, however, are necessarily subject to and limited by factors such as the following: -- The elimination and/or modification of some existing land uses. . -- The realignment and/or alteration of some streets. -- The ability of participants to finance proposed development. -- The capability and/or experience , necessary to implement proposed development. -- The proposed land uses for redevelopment of the Project Area. The Redevelopment Plans for the Project Area authorizes the Agency to establish reasonable priorities and preferences among participants; accordingly, the following order of priorities is established: -- Property owners participating in the same location in compliance with the Redevelopment Plan desiring to build or rehabilitate. -- Owner-occupants relocating within the Project Area in accordance with and as a result of the Redevelopment Plan. -- Existing tenants relocating within the Project Area In accordance with and as a result of the Redevelopment Plan. Conflicting proposals submitted for particular sites or land uses will be resolved by the Agency after considration of the following factors: -- Type of occupancy in the Project Area. -- Participants' length of occupancy in the Project Area. -- Size and configuration of participants' existing property. -- Accommodation of as many participants as possible. x -2- -- Participants' abillties to implement projects as determined by financial capability, prior experience with similar developments, etc. -- Conformity of participants' proposal with the intent and objectives of the Redevelopment Plan. -- Similar land use to similar land use. -- Service to the community in achieving their goals and objectives. 4.0 Participation by Owners of Real Property 4.1 Participation in the Same Location In appropriate circumstances where such action would foster the unified development contemplated by the Redevelopment Plan, an owner may participate in substantially the same location either by retaining all or portions of his property, or by retaining all or portions of his property and purchasing adjacent property if needed and available, for development in accordance with the Redevelopment Plan. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings, or the Agency may acquire only the buildings and remove or demolish such 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 permitted uses in the area in which the building is located. In order to remain in the Project Area 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 remainder of the Project Area. The final decision concerning acquisition of real property by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into participation agreements. 4.2 Participation in a Different Location When necessary to accomplish the objectives of the Redevelopment Plan, the Agency will purchase from existing owners real property within the Project Area at fair market value. The Agency will, thereafter, offer for sale cleared or cleared and reassembled properties, unless a public use is contemplated for the property acquired. The Agency will offer properties which are available for private development to eligible participants at fair market value for the uses designated in the Redevelopment Plan; or, if a lesser amount, the offer shall be in accordance with Section 33433 of the California Health and Safety Code, prior to offering such properties for sale to the general public. The following participant priorities shall apply to such offerings: -3- -- Displaced owners of similar use properties. -- Displaced tenants of similar use properties. -- All other displaced owners and tenants. -- All other owners and tenants. 5.0 Participation by Tenants Pursuant to these rules, nonproperty owners who are tenants engaged In business in the Project Area will be given opportunities to remain or preferences to reenter within the Project Area if they otherwise meet the requirements prescribed by the Redevelopment Plan. In the case of reentry, preferences will be given if suitable facilities become available with implementation of the Redevelopment Plan. 5.1 Participating as Owners In appropriate circumstances, business tenants will be given the opportunity to purchase and develop real property in the Project Area prior to the Agency offering such property for sale to the general public. Property sold to such tenants will be made available at fair market value for the uses designated in the Redevelopment Plan, or if sold at a lesser amount, such sale shall be in compliance with Section 33433 of the California Health and Safety Code. 5.2 Business Tenants Participating as Tenants Business tenants who desire to reenter the Project Area as tenants will receive preferences to locate in the Project Area in accordance with the uses designated in the Redevelopment Plan. 6.0 Conforming Owners The Agency may determine that certain real property within the Project Area meets the requirements of the Redevelopment Plan. The owners of such properties will be permitted to remain as conforming owners without a Participation Agreement with the Agency, provided such owners continue to operate and use the real property within the requirements of the Redevelopment Plan. The Agency shall not through use of eminent domain acquire property owned by conforming owners. In the event any of the conforming owners desire to construct additional improvements or substantially alter or modify existing structures on any of the real property described as conforming, or acquire additional real property within the Project Area, then such conforming owner may be required to enter into a Participation Agreement with the Agency in the same manner as required for other owners. The Agency shall, upon the request of any conforming owner, issue to such owner within the first twelve (12) months after the adoption of the Redevelopment Plan a -4- "certificate of conformity" in the form suitable for recordation with the Orange County Recorder's Office. In the event that the Redevelopment Plan is amended after a duly noticed public hearing to change the requirements for the property, such otherwise conforming owners may be required to enter into a Participation Agreement with the Agency. 7.0 Procedure for Becoming a Participant 7.1 Submittal of a Statement of Interest The Agency shall contact and work with each owner, business and tenant in the Project Area in good faith attempts to determine the desires of each owner, business and tenant. The Agency will notify by certified mail, return receipt requested, every last known secured property assessee in the Project Area of the date for the public hearing for adoption of the Redevelopment Plan. Such notification will include a statement that these participation rules are available for review at City Hall. The notification will also advise all such persons of the date by which interested owners, businesses and tenants should submit the completed "Statement of Interest to Participate" to the Agency. Every property owner, business or tenant interested in becoming a participant should submit to the Agency a completed "Statement of Interest to Participate" within thirty (30) days from the date of adoption of the Redevelopment Plan by the Agency. All "Statements of Interest to Participate" received after the established date for submission may be given consideration by the Agency, at their discretion, but in a priority secondary to those Statements received within the established date as defined above. The Agency shall proceed to negotiate with the owners, businesses or tenants returning the "Statement of Interest to Participate" as appropriate to each owner's, business's or tenant's response. If such owners, businesses or tenants do not respond to the Agency within sixty (60) days after adoption of the Redevelopment Plan, then the Agency may disregard any "Statements of Interest to Participate". Participation opportunities shall not be forfeited without a clear and knowledgeable: (1) waiver in writing, (2) nonresponses as set forth above, or (3) by other conduct clearly evidencing disinterest. Subject to the provisions of these rules, the Agency will endeavor in good faith to accommodate any owner, business or tenant desiring to develop or improve property in the Project Area by expediting the negotiation of Participation Agreements upon request. If the Agency does not enter into a Participation Agreement with an owner, business, or tenant after negotiations, then within thirty (30) days of notification in writing from either party that negotiations are terminated, the owner, business or tenant may appeal in writing to the City Council of the City of Huntington Beach. 7.2 Submittal of a Proposal for Owner, Business or Tenant Participation The Agency will notify each owner, business or tenant which submits a valid "Statement of Interest to Participate" of the time within which they must submit a proposal for participation, if the desired participation is such that a proposal for such participation is necessary. Ample opportunity will be given to discuss proposals with the Agency's staff and to make necessary adjustments conducive to the parties involved. The Agency will make every effort to meet the desires of every owner, business, or tenant desiring to participate in the project. In addition, if the Agency determines that an owner, business, or tenant of real property within the Project Area will be required to enter into a Participation Agreement, the Agency shall notify the property owner, business or tenant in writing of its intention to require a Participation Agreement, and shall provide the owner, business or tenant with a copy of the proposed Participation Agreement. 7.3 Completion of a Participation Agreement Each owner, business or tenant who has submitted an acceptable proposal for participation shall enter into a Participation Agreement with the Agency. Each Agreement will contain provisions necessary to ensure that the participation proposal will be carried out, and that the subject property will be developed and used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the Participation Agreement. Each Participation Agreement will require the participant to join in the recordation of such documents as the Agency may require in order to ensure conformance with applicable conditions, restrictions, rules and regulations. The Participation Agreement will also provide that a successor in interest of the original participant may become a participant with the written approval of the Agency. A Participation Agreement shall provide that if the owner, business or tenant does not comply with the terms of the agreement, the Agency, in addition to other remedies, may acquire their property or any interest therein by any lawful means, including eminent domain, for its fair market value as of the date of the Participation Agreement, and the Agency may thereafter dispose of the property or interest so acquired in accordance with the Redevelopment Plan. All Participation Agreements will become effective only when approved by the Agency and/or City Council. 8.0 Limitations on Acquisition of Property by the Agency The Agency shall not acquire real property to be retained by an owner, business or tenant pursuant to a Participation Agreement if the owner, business or tenant fully performs under the agreement. -6- The Agency shall not acquire real property on which an existing building is to be continued In its present site and in its present form and use without the consent of the owner, unless: -- Such building required, under applicable housing, building, electrical, plumbing or other codes or standards, structural alteration, improvement, modernization or rehabilitation, to assure that such structures are decent, safe and sanitary for people and businesses to occupy; -- The site or lot on which the building is situated requires modification in size, configuration or use; or, -- It is necessary to Impose upon such property any of the standards, restrictions and controls of the Redevelopment Plan and the owner, business or tenant fails or refuses to participate in the Redevelopment Plan by executing a Participation Agreement. 9.0 Procedure for Amending Participation Rules The Agency may amend these rules at any meeting held after their adoption provided the persons who have filed "Statements of Interest to Participate" and the participants who have entered into Participation Agreements are notified in writing at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. The text of the proposed change will be furnished along with the notice of the meeting. Individuals will be notified either in person or by certified mail. Such notice will be mailed or delivered to the address shown on the "Statement of Interest to Participate" or in the Participation Agreement. Businesses and tenants in any Project Area who have an Interest in implementing the Redevelopment Plan may initiate changes in these rules and propose such changes to the Agency. Persons affected by these proposed amendments may appear individually or as a body to voice their opinion for consideration by the Agency. `` -7- s FORMAT FOR STATEMENT OF INTEREST TO PARTICIPATE f K� STATEMENT OF INTEREST TO PARTICIPATE HUNTINGTON BEACH REDEVELOPMENT AGENCY Huntington Beach Redevelopment Agency 2000 Main Huntington Beach, California 92648 Gentlemen: I hereby express my interest in participating in the Redevelopment Project Area and submit the following information: 1. Name of (owner), (business), (tenant) Home Address 3. Name of Business Phone 4. Business Address 5. I own (); am a tenant (); and wish to rehabilitate (); rebuild () on my present property. If tenant, indicate: month-to-month ; or lease (). 6. My present type of business is 7. Remarks I understand that submission of this Statement of Interest to Participate does not in any way obligate me to participate in the Project Area. Signed Title Date 1� ti Res. No. 35 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency -of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 16th . day of August 19 82, and that it was so adopted by the following vote: AYES: Members: MacAllister, Mandic, Finlay, Bailey NOES: Members: Thomas ABSENT: Members: Pattinson, Kell_y r4e/cretary o the edeve opment Agency of the City of Huntington Beach, Ca.