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HomeMy WebLinkAboutPCDC Resolution 2001-04C 04/16/2001 i i Resolution No. 2001-04C of the Petaluma. Community Development Commission APPROVING THE RESTATED OWNER PARTICIPATION AND ~LTSINESS RE-ENTRY PREFERENCE RiJLES FOR THE CENTRAL PLTSINESS DISTRICT REDEVELOPMENT PLAN WHEREAS, the Petaluma Community Development Commission ("PCDC") previously approved the Owner Participation and Business Re-entry Preference Rules for the Central Business District Redevelopment Plan area; and WHEREAS, the Petaluma Community Development Commission desires to restate the Owner Participation and Business Re-entry Preference Rules. NOW, THEREFORE, BE IT RESOLVED by the Petaluma Community Development Commission that it hereby restates the Owner Participation and Business Re-Entry Preference Rules for the Central Business District Redevelopment Plan area. I hereby certify that the foregoing Resolution No. 2001-04C was duly introduced and adopted by the Petaluma Community Redevelopment Commission at a regular meeting held on April 16, 2001, by the following vote: Commissioner Aye No Absent Abstain Chairman Thompson X Vice Chair Cader-Thompson X Healy X Maguire X Moynihan X O'Brien X Torliatt X E. Clark Thompson, Chairman ATTEST: APROVED-. -S-TO ORM: - f Beverly J. Kline, Re ding ecret ry Richa d Rudnansky, C"ty A orney _:'t EXHIBIT A RULES OF TI~I~E PETALUIVIA COlVIlVIUNITI' DEVELOPMENT COMMISSION GOVERNING PAR'I'ICIPATION'BY OWNERS IN T>FIE CENTRAL BUSINESS 1)ISTItICT `REDEVELOPMENT PROJECT AREA SECTION 1. GENERAL These. Rules are promulgated to'~ implement the provisions. of the Redevelopment Plan for the central Business District Redevelopment Project (the "Redevelopment Plan") regarding, - participation by owners in the redevelopment, of thexedeveloprnent project area of the Central Business',District Redevelopment Project '(the "Project Area") in conformity with the Redevelopment Plan. These Rules set forth the procedures governing such activities. The Retaluma Community Development Commisson,(the "PCDC") desires and~urges participation in the growth and development of the Project Area `in conformity with the Redevelopment Plan by as many owners as possible. Successors in interest of original participant .owners may become participants at: any stage with the written approval of the PCDC. SECTION2. PARTICIPATION BY OWNERS The' Redevelopment Plan authorizes the PCDC to permit persons who are owners of residential, business and other types of real property in the Project Area to be given an opportunity to participate in the redevelopment of the Project Area by the PCDC. Such participation in the redevelopment of the Project Area includes;, in the appropriate circumstances, . rehabilitation. or demolition of existing improvements, construction of new development, and . acquisition ~of property that is adjacent to~the land of a current owner for approved development, in accordance with the Redevelopment Plan and the applicable. development and land use standards of the City of Petaluma,; California (the "City"). However; these Rules shall. not be deemed.to confer a right or expectation:upon any existing property owner within the Project Area to~obtain the permission,.. authorization or assistance: from the-PCDC to participate in the redevelopment within the Project Area..The PCDC' expressly reserves the discretion to evaluate competing proposals for redevelopment.within the Project Area and in appropriate circumstances, to withhold qr not offer owner participation opportunities for existing owners of property in connection with redevelopment.proposals of third parties as approved by the PCDC. 1. Participation in an Existing Location h1 _appropriate circumstances, an,owner may participate in the redevelopment of the Project Area bythe PCDC in substantially the same. location either by retaning:all or portions of his property and purchasing adjacent property from the PCDC or from other existing owners. An owner who participates in the same location-maybe required to demolish all or part of his existing~structures. Iii some instances, the PCDC may purchase and demolish such structures. A-4 Such participation shall be subject to an evaluuaton bythePCDC of the economic feasibility of such a propo"sal and the benefits which such a proposal, shall confer upon the Proj ect Area. 2. Participation at Different.Locations ' In.;appropriate circumstances, the PCDC may.buy land and improvements from existing owners; :and offer parcels of land for purchase by other participants or third parties: as approved • by the PCDC prior to offering such:property.for sale to the general.public. In such event, an existing;owner mayparticipate in the ~redevelopmerit.of`the Project Area by the PCDC at a different location within the Project.Area.. Such.partcpation shall be subject to an evaluation by the PCDC'of the economic feasibility of such a proposal and the benefits which such. a proposal ' shall confer upon the Project Area. SECTION 3. OWNER PARTICIPATION A"GREEIVIENT . Each owner desiring to parfcipate will be required to enter into an Owner Participation. Agreement with the PCDC. Each Owner•Parficipatibn Agreement will contain provisions necessaryto insure that the Redevelopment Partcpation.Proposal (as hereinafter defined) will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions,-rules and regulations ofthe-Redevelopment Plan and the Owner ParEicipaton Agreement. Each Owner Participation Agreement will require the participant to . join in the recordation of such documents as the PCDC: may require in order to insure such ' development and use. An Owner Participation Agreement; shall be effective only upon approval. by the PCDC.. SECTION 4. PARTICIPA"TION PROCEDURE A. Each owner interested:in becoming a participant in the Central Business District Project must submit: to the ,PCDC a statement indieatng~ such interest ("Statement of Interest") within twenty (20) days after`notifieationbythe PCDC thaths property maybe acquired by-the PCDDC; provided, however, that nothing herein shall be deemed to confer a right or expectation upon any existing property owner within the Project Area 'to be permitted or authorized by the PCDC=to participate in the: redevelopment,ofthe Project Area in substantially the same:locaton.. ' The PCDC may disregard Statements of Interest: submitted after said twenty (20). day period. Tlie PCDC will next;notify each-owner submitting a Statement of Interest of the tune within which he may submit to the PCDC a:proposal to participate in said Project ("Redevelopment Participation Proposal"). The PCDC may; in its discretion, receive a Redevelopment Participation Proposal without having, received a Statement of Interest :from the owner submitting such Proposal. B. Each Redevelopment Participation Proposal shallapeeify the form and manner of participation sought.by the owner,, shall set forth an accurate and detailed description of the project°proposed~by the.. owner, and shall include evidence of the proponent's financial ability to complete his participation :in accordance with the Redevelopment Plan. A-4 ' C; If the PCDC determines that a'R'edevelopment Participation Proposal conforms with the Redevelopment Plan; approves the Redevelopment Participation Proposal sand determines that the proponent has. the ability to complete his participation in accordance with the Redevelopment Plan, the PCDC may offer such owner an Owner Participation Agreement. D. The following are the minimum Owner Participation requirements that must be met regarding the property involved: O The proposed development must conform with the Redevelopment Plan. (ii) The property shall .meet, or shall' be brought up` to meet, at the owner's expense; a ;structural condition equal: to or better than "that required for a new structure or improvement of equivalent.size .location, use and occupancy as .required by the g and safety laws and regulations then applicable in the City. buildin ' (iii)- The improvements as existing or rehabilitated. shall conform to the Redevelopment Plan. (iv) The owner- shall demonstrate to the satisfaction of the PCDC that he is financially capable ofperforining any and all. modifications, orrehabilitation or modernization on the existing property;n order that it will.corform fo the Redevelopment~Plan. E. The participating owner shall execute an Owner Participation Agreement in which he shall-agree fo;;proceed with the redevelopment of the property involved in accordance with-the. Redeveloprnenf :Plan. F. In-the Owner Participation. Agreement, a participating. owner shall agree to remove; d,emol'sh; alter; improve or rehabilitate existing structures and improvements on the property involved.and to thereafter use andmantain the same in such manner as shall be required by the Red'e~elopment Plan. G. Tn;the Owner. Participation Agreement, a participating owner-shall agree to remove or' permit the PCDC to remove any and all restrictions existing, against. the property involved which are contrary to those contained in the'Redevelopment Plan. H. - In the Owner Participation Agreement; apartcpatng owner shall agree to make a part. of any lease; rental agreement, occupancy permit, use or sales agreement pertaining, to the property involved .or any other document, a provision. that there shall. be no restrictions. imposed thereon because of race, color; creed, religion,. sex, marital status, national origin, or ancestry. . I. If;a,p'articpating owner, agrees to remove, demolish,. alter, improve or rehabilitate existing:. structures and .improvements on the property involved in the :Owner Participation A-4 Agreement,, the' participating owner shall. also agree to do so °within specified time limits established by the PCDC. If'the participating owner agrees`to dconstruct new structuresand/or improvements ou the,property involved or to remove; .demolish, :alter, improve or rehabilitate existing property, the`particpating owner shall agree. to do so only after plans; specifications and artist=s renderi'ngs' of the. building have been presented to and approved by the PCDC. 'The participating owner shall also :agree to perform such construction, after said approval, within specified time limits established bythe PCDC: J. All owners who maybe offered Owner Participation Agreements by the. PCDC shall enter into such Owner Participation Agreements within the time limits specified by the. PCDC: K.. All property owners in the.;Project Areashatl' have access to' copies of said Redevelopment Plan and to such other public records of thePCDC as are on file with the~PCDC Secretary during regular office hours. Such property owners:may:meet with the PCDC members at any regular or special .meeting, ofthe~ PCDC to discuss the Redevelopment Plan as'.t; affects their property; provided,, however,, that. such. owners shall. make a request to meet the PCDC members at least five (5) working days prior to the time set for such meeting. L. Each Owner Participation Agreement may coritain.a section designating the purchase price of the parcel of propertyinvolved for wliich`the owner of such propertyshall sell ' such parcel in the. event .the :PCDC is required to declare a defaulf or a breach of any or all of the terms and condtions.of.the Owner Participation Agreement; so that, in accordance, with the .Redevelopment Plan, the property involved in an Owner Participation Agreement which has been . decla"red to be iirdefault maybe acquired by the PCDDC for redevelopmentin accordance'wth the Redevelopment Plan,, and upon such acquistion,,.the owner shall have no further.right to participate by virtue of an Owner Participation Agreement iu the Project Area. SECTION'S. AIVIENDIVIENT TO THESE' RULES The PCDC may amend these rules at any meeting Held 'after their adoption after .giving reasonable notice to owners who Have submitted -written request for such notice, and such notice .maybe :delivered personally or by:.mail to the last known address of each such owner shown in. the records :of the, PCDC. WPD\M~IVRSW~554\01 \OWNERRLTLES:EXHA A-4 EXHIBIT B RULES OF THE PETAI,UlV1A.COMIVIUNITY DEVELOPIVIENT COMMISSION GOVERNING BUSINESS REENT'12Y PI~FEREECE IN T1FIE • CENTRAL BUSINESS DISTRICT I2EI)EVEL®PIVIENT PROJECT The PCDC w l offer a reasonable preference to businesses that wish to reestablish themselves in the Project. Area. after. redevelopment of property has been completed. This preference will be offered only to those persons or entities that were actively engaged in;business in the Project Area when the Redevelopment Plan. was adopted. In orderto be eligible for a reentry. preference, a business must .file a Statement of Interest with the PCDC, identifying the redeveloped property°where. tfie'business is :interested in reestablishing itself: The Statement must°be, in the form provided. in Exhibit 1:hereto. The business is encouraged to carefully evaluafe'potential properties before submitting a;S'tatement of Interest to the PCDC. Upon receipt of the Statementof Interest, the PCDC; will evaluate the business to determine whether the. property in which the business. has expressed interest would.: be a suitable location for°the business to reesfa:bli`sh itself in the Project Area. The evaluation will eonsid'er, among other factors, the: plans .for the redeveloped property, the. activities. associated with the: business,, the size of the, business and its parking requirements., its compatibility with s'urrou_nding uses, 'its°ability to act as a catalyst for other desired developmen#,-etc, The RCDG may,request additional information fromthe business as needed. to conduct the evaluation: If the. PCDC determines that the property would be a. sutable.location for the business, it will provide the business with information regarding the property and the .name of the person whom the business should contact.for'lea"se discussions.:In addition, the.PCDC will send the business name and otherrelevant nforination to the: owner/manager of the redeveloped property, .identifying the business as eligib~le:for reentry preference: If the property is one that is being managed by the PCDC, the business will be"given a reasonable preference in securing a"location on the property. The.PCDC will have no further- obligation to assist the business in negotiating a~lease or securing a particular ocation for reentry into the Project Area. The owner/manager of the rede~elopedproperty may require the business to meet its. standard financial criteria for locating on the property. The PCDC may determine,. in its sole discretion,. that the property in which the business has expressed interest would not be a suitable location for the. b"usiness' to reestablish itself in the Prod ect: Area. If so, the PCDC will provide the business with" prompt written notice of its decision. The PCDC's; decision not to provide a preference will not limit in any way the business' right,to contact the property owner/manager and pursue negotiations independently. 1 w .EXHIBIT 1 TO. RULES OF THE PETALiJMA COMMUNITY DEVEI:O,PMENT COMMISSION~~ GOVERNING BUSINESS REE'NTRY' PREFERENCE IN THE ' CENTRAL BUSINESS' DISTRICT PROJECT' PETALUMACOMMUNITYDEVELOPMENT COMMISSION STATEMENT "®F~INTEREST Please tell us how we can contact you: 1. "Naive ~ Telephone 2. Mailing; Address Owners of businesses w,ho would like to'.be cgnsidered for a reentry preference to reestablish.the business on a redeveloped property within;the;P~roject: Area" should complete this -form and submit it to the P•CDC staff located at 11 English Street, Petaluma, California 94952-2610. [Previous] Location. of Business within the Project.Area: Name of'Business and Street Address• Type of Business: Address of Redeveloped Property in Project Area Being- Considered as a Reentry Location: I understand that the PCDC will require me to provide additional information about my business in order to determine whether the. property in which -I am interested would be an. appropriate location for reestablishing my business in the Project Area.. I understand that my failure to" provide the information requested could cause me to forfeit my'reentry preference, Date: Signed: C:\TEMP\Ez Bao P.CDC Reso re GovrnParticipation by Owners 0507ek[.rtf