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HomeMy WebLinkAboutRedevelopment Agency - 143 RESOLUTION NO. 143 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE HUNTINGTON BEACH - BEACH BOULEVARD REDEVELOPMENT PROJECT AND AUTHORIZING TRANSMITTAL OF SAID RULES TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH WHEREAS, Section 33339 .5 of the California Community Redevelop- ment 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 Section 33345 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. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Huntington Beach as follows: 1 . The "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the Huntington Beach - Beach Boulevard Redevelopment Project, " attached as Exhibit A and by reference made a part hereof, are hereby approved and adopted . 2 . The Executive Director of the Redevelopment Agency of the City of Huntington Beach is hereby authorized and directed to make available for public inspection these adopted rules . 3 . The Executive Director of the Redevelopment Agency of the City of Huntington Beach is hereby authorized and directed to transmit a copy of the Rules, together with a copy of this Resolu- tion to the City Council of the City of Huntington Beach. 1 . PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 1st day of June , 1987 . ATTEST: APPROVED AS TO FORM: City Clerk ,OK--City Attorney REVIEWED AND APPROVED: IN TIATED AND APPROVED: ity Admz istrator DepuV City Administrator Redevelopment 2193L 2 . KatzHollis EXHIBIT A t RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE HUNTINGTON BEACH-BEACH BOULEVARD REDEVELOPMENT PROJECT Adopted by: Huntington Beach Redevelopment Agency Date: Resolution No: 010887/5 0989.h nt/bl KatzHollis TABLE OF CONTENTS G PA ..............E I. [Section 1001 PURPOSE AND INTENT..............................................I 11. [Section 200] DEFINITIONS............................................................. I III. [Section 300] TYPES OF PARTICIPATION........................................2 IV. [Section 400] PREFERENCES TO EXISTING OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREA........2 V. [Section 500] CONFORMING PROPERTIES ........................................4 VI. [Section 6001 PARTICIPATION PROCEDURES...................................5 A. [Section 6011 Notice and Statement of Interest......................5 B. [Section 6021 Participation Agreements...................................5 1. [Section 6031 General........................................................5 2. [Section 6041 Contents......................................................6 VII. [Section 7001 ENFORCEMENT...........................................................6 VIII. [Section 8001 AMENDMENT OF RULES.............................................6 "Statement of Interest in Participating" Form KatzHollis EXHIBIT A RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE HUNTINGTON BEACH - BEACH BOULEVARD REDEVELOPMENT PROJECT ............ ................................................................................_.......................................................................................... ....... .................................. I. [Section I001 PURPOSE AND INTENT These rules are adopted to implement the provisions of the Redevelopment Plan for the Huntington Beach - Beach Boulevard 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 et seq.) 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 Redevelopment Plan for the Huntington Beach - Beach Boulevard Redevelopment Project, as adopted by the City Council of the City of Huntington Beach. (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 Huntington Beach Redevelopment Agency. (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 on the date of adoption of the Redevelopment Plan by the City Council, for so long as it holds such title or lease. (5) "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. (6) "Business Occupants" means persons engaged in business within the Project Area on the date of adoption of the Redevelopment Plan by the City Council. Katz Hol l is (7) "Other Owners" means any person, persons, corporation, association, partnership, or other entity who purchase or otherwise acquire title to or a long term lease of real property in the Project Area subsequent to the date of adoption of the Redevelopment Plan by the City Council. (8) "Other Business Occupants" means persons engaged in business within the Project Area subsequent to the adoption of the Redevelopment Plan by the City Council who were not engaged in business in the Project Area on the date of adoption of the Redevelopment Plan. (9) "Participation Agreement" means an agreement entered into by an Owner, Other Owner, Business Occupant, Other Business Occupant or others with the Agency in accordance with the provisions of the Redevelopment Plan and these rules. M. [Section 3001 TYPES OF PARTICIPATION Participation may involve existing Owners and Other Owners and, if they acquire property within the Project Area, participation may involve existing Business Occupants, Other 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 or Other 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 existing Owners and Other Owners and offering other parcels for purchase by such Owners and Other Owners, or offering an opportunity for such owner or other owner to develop property jointly with other persons or entities. IV. [Section 4001 PREFERENCES TO EXISTING OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREA Participation is desired in the rehabilitation and redevelopment of the Project Area by as many existing Owners and Business Occupants as practicable. The Agency shall extend preferences to existing Owners and Business Occupants to continue in or, if the Agency acquires the land of an existing property Owner or the land on which an existing 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 in these rules. Subject to these rules, existing 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, 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 -2- KatzHollis 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, existing 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 con- sistent 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,s existing 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 acquire and develop substitute locations for such purpose within the Project Area at such times 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 impair the objectives of the Redevelopment Plan as determined by the Agency. 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 installation 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) The advisability of consolidating parcels in the Project Area where appropriate to maximize productive land units; (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. -3- Katz Hol 1 i s (10) The requirements and objectives of the Redevelopment Plan and applicable rules and regulations of the City of Huntington Beach; (11) Any design guide adopted by the Agency pursuant to the Redevelopment Plan; (12) The feasibility of the participant's proposal; and (13) The need to maximize revenue generation, job creation, shopping opportunities, and to attract beneficial uses. If conflicts develop between the desires of potential participants 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; -ability to perform; -similar land 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. Preferences set forth in this Section 400 may be given, at the Agency's option, to other Owners and other Business Occupants as well as to existing Owners and Business Occupants. V. [Section 5001 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 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 or Other Owners of such properties will be permitted to remain as owners of conforming properties without a Participation Agreement with the Agency, provided such Owners or Other 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. -4- KatzHollis 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 property 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 6001 PARTICIPATION PROCEDURES A. [Section 6011 Notice an..................................................................._........................... 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, Other Owners, Business Occupants, or Other 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 in the redevelopment of the Project Area. The Agency shall provide to each Owner, Other Owner, Business Occupant or Other 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 property. Those desiring to submit Statements of Interest 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, Other Owner, Business Occupant, Other 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 Statements 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 otherwise 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 400 hereof. In such event, the Agency shall select a developer from among prospective participants submitting Statements of Interest and others invited to submit proposals. B. [Section 602] Participation Agreements ............. 1. [Section 6031 General Public and private Owners, Other Owners, Business Occupants or Other 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 -5- KatzHollis 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 6041 Contents .......... ...... . A Participation Agreement shall obligate the Owner, or Other Owner, his/her heirs, and successors and assigns, and/or a Business Occupant or Other Business Occupant to acquire, rehabilitate, develop and use the property 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 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 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 7001 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 unless such acquisition is a requirement of the approved Participation Agreement. VIII. [Section 8001 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 posted and published or delivered by regular U.S. mail (first class) deposited 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- Katz Hol l is 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. Name of Business 4. Address of Business 5. My present involvement in the Project Area is: I now own property in the Project .............................. I now lease property in the Project ................... Explain [include statement whether the property (or any portion) is used for residential purposes]: 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) ..........................................................................................._....................................................................................................................................._.......... ..... ..................................._..._.._...--......................_..................................................._.._..........................................._..._._..............._....._.................._........................................................................................................ ...... 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I understand that submission of this Statement of Interest form does not obligate me to participate if the Redevelopment Plan is carried out, nor does it indicate an opinion concerning the Project Area within the Huntington Beach - Beach Boulevard Redevelopment Project. Signed Date ............................._.................__........._.................._.......... ........................................ Res. No. 143 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Clerk 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 day of June 1 19 87 , and that it was so adopted by the following vote: AYES: Members: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: Members: None ABSENT: Members: None Clerk of the Redevelopnent Agency o the City of Huntington Beach, Ca.