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HomeMy WebLinkAboutPCDC Resolution 2001-07 05/21/2001 Resolution No. 2001-07 ®f the Petaluma Corrixnunity Development Commission ADOP'T'ING OWNER PARTICIPATION RULES AND BUSINESS REENTRY PREFERENCE RULES FOR TIIE CEN'T'RAL BUSINESS REDEVELOPMENT AREA WHEREAS, proceedings in connection with the preparation and adoption of a Second Amendment to the Redevelopment Plan for the Central Business District Redevelopment Area (the "Project Area"), have been commenced; and WHEREAS, Community Redevelopment Law ("CRL") requires that before adoption of a redevelopment plan, the City must adopt and make available for public inspection rules to implement, in connection with the Redevelopment Plan, the participation and assistance in the redevelopment of property in the Redevelopment Area by owners of all or part of that property if the owners agree to participate in conformity with the Redevelopment Plan adoption by the City Council of the City of Petaluma ("City Council"); and WHEREAS, CRL requires that the City adopt business reentry preference rules for businesses wishing to reestablish themselves in the Project Area after redevelopment of property has been completed. WHEREAS, in furtherance of the above requirements, the Commission has caused to be prepared, and has reviewed and considered, and now desires to adopt, the owner Participation Rules and Business Reentry Rules for the Central Business District Redevelopment Area attached hereto as Exhibits A and B, inclusive. NOW, THEREFORE, BE IT RESOLVED by the Petaluma Community Development Commission does hereby resolve as follows: 1. The PCDC hereby approves and adopts the Owner Participation Rules and Business Reentry Rules for the Central Business District Redevelopment Area attached hereto as Exhibits A and B incorporated herein by this reference, in connection with the Redevelopment Plan for the Central Business District Redevelopment Area, and the Executive Director of the Redevelopment Agency is hereby authorized and directed to make said Rules immediately available at the offices of the City Clerk for inspection by all interested persons. I hereby certify that the foregoing Resolution No. 2001-07 was duly introduced and adopted by the Petaluma Community Redevelopment Commission at a regular meeting held on May 21, 2001, by the following vote: 2001-07 PCDC Page 1 s Commissioner Aye No Absent Abstain ChairmanThompson X Vice Chairman Cader-Thompson X Healy X Maguire X Moynihan X O'Brien X Torliatt X .r ~ ~ anice Cader- hompson, Vice Chairman ATTEST: .Paulette Lyon, Deputy ording Secretary 2001-07 PCDC Page 2 EXHI:BTT A RULES OF TI=IE PETALUIVIA CO1VIlVI~UNITY'DEVELOPMENT COIVIMISSION G'OVE'RNING PARTICI-PATION BY OWNERS IN THE CENTRAL BUSINESS DISTRICT 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 participations by owners in the redevelopment of the redevelopment project area of the Central Business District. Redevelopment.. Project (the "Project. Area") in conformity with the Redevelopment Plan. These Rules set forth the procedures ~~governng such activities. ' The Petaluma. Community Development Commission (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. SECTION 2. PARTICIPATION BY OWNERS Tfie Redevelopment-Plan authorizes- the PCDC to permit persons who are owners of residential, - business Nand 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 acquisit`ign 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 aright. or expectafiion upon .any existing property owner within the: Project Area to obtain the permission,. autfiorzation 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, Yo withhold or not offer owner participation opportunities. for existing owners of property in connection with red'evelo,pment proposals of third parties as approved bythe PCDC: Participation in an Existing: Location • In appropriate circumstances, an owner may participate in the redevelopment of the Project Area by the PCDC in substantially the same location either. by retaining 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. may be:requred to demolish all or part of his existing structures. In some instances; the PCDC may purchase and demolish such structures. Such participation'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 upori~ the Project Area. Participatiotr;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 may participate in the redevelopment of the Project Area by the PCDC at~a different location within the Project Area. Such participation shall be' subject to an evaluation. by the PCDC ~of~the economic ~feasibiTity of such a proposal and the benefits which such a proposal''shall confer upon the Project Area. SECTION 3: OWNER PARTICIl'ATION AGREEMENT Each owner desiring to participate will be required to enter into-an Owner Participation... Agreement with the PCDC. 'Each Owner Participation Agreement-will contan,provisons. necessary to insure that the Redevelopment Participation Proposal (as hereinafter defined) wl'1 ` be carried out,, and ,t11at the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations ofthe Redevelopment Plan and the Owner Participation 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. PARTICIPATION PROCEDI7RE A. Each. owner interested in becoming a participant.in the' Central Business, District .Project must submit to the .PCDC a statement indicating such.interest ("Statement of Interest") .within twenty'(20) days' after notification by the PCDC that°his property may be acquired liy'the; PCDC; 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 .of the Proj ect. Area in. substantially the. same location. The PCDC may disregard Statements of Interest submitted after said: twenty (20) day period. The PCDC will next notify each owner submitting a Statement oftnterest of the time within which he may submit to the PCDC ~a proposal to participate n.said Project.("Redevelopment Particpation.Proposal"). The PCDC may, in its discretion; receive a Redevelopment Particpafion~Proposal without having. received a.Statement of Interest from the owner'submtting - such.:Prop,osal. ~ ~ ~ - B. E- ach Redevelopment Participation P_ roposal shall specify the form. and manner of participation sought 'by the owner,, shall; set forth an,accurate and detailed description of tfie project proposed by the owner, and shall include.evidence ofahe proponent's financial ability to complete .his participation in accordance with the Redevelopment Plan. C. If the PCDC determines: that. a Redevelopment Participation Proposal conforms. with the Redevelopment Plan, approves.the Redevelopment.Participation Proposal and determines that the proponent. has the ability to complete his; participation iri accordance with the _ Redevelopment Plan, the PCDC may offer such owner an Owner P: articipation Agreement. . D. The. following are.the mnimum~Owner Participation requirements, that must be met regarding the property involved: . (i) 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 orbetter than~that:required for a new structiire~or improvement of equivalent size; location, .use.' and occupancy as required Eby the building.and safety laws and regulations then applicable iri the City. (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 gfperformng anyand all modifications or rehabilitation or modernization on the existing. propertyn order that it will conform to .the Redevelopment Plan. E; The participating owner hall execute. an Owner Participation Agreement in which he shall :agree to :proceed with the. redevelopment of "the prop;erty'involved in accordance with the. .Redevelopment Plan. F. In the Owner Participation Agreement;. a. participating owner shall .agree to remove, demolish, alter, improve or rehabilitate existing structures and improvements on the property involved and to thereafter use and. maintain.ahe same in such manner as s_ hall. be required by the Redevelopment Plan. G. In the Owner P,arfcipafion 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. Iri the Owner Participation Agreement, a participating owner shall agree to-make. a partof any lcase;,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. L If a parficipating.owner agrees to remove, demolish, alter, improve or rehabilitate existing structures and improvements' on the property.involved::in,the Owner Participation Agreement,. the part>cipating~ owner shall also agree to d~oso within specified time limits established by the PCDC. If the participating owner agrees to construct new structures and/or improvements: on the property involved or to remove; demolish, alter, improve or rehabilitate existing property, the participating owner shall agree to do so only after plans, specifications and artist's renderings 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 by the PCDC. J. All owners who may be. offered Owrier Participation Agreements by thePCDC' shall enter into ouch Owner Participation Agreements within the time limits specified by:the PCDC. K. All property owners in the Project Area shall have access to copies of said Redevelopment Plan acid o such other public records of `the. PCDC 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, speca'1 meeting ofthe PCDC to discuss the Redevelopment Plan as it 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`Particpaton.Agr~ement. may contain. a section designating the _ purchase price of the parcel of property involved for which the owner of such property shall sell - such parcel in`the:event the PCDC. is,~required to declare a default or a breach ofany or all of the: - , terms and conditions of the Owncr,Participation Agreement, so that, in accordance with the Redevelopment Plan, the property involved. in an Owner:Participation Agreement which has _ been declared to be in default maybe acquired by thePCDC..for redevelopment in accordance.. with the Redevelopment Plan, aril upon such acquiston,.the owner shall have no further right to participate 'by virtue of an Owner Participation Agreement ri'the Proj ect Area. . SECTION 5. AMENDMENT TO-THESE RULES The PCDC may amend these rifles. 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 bymail to the last,known :address of each such owner shown in the records of the PCDC. EXHIBIT~.:B RULES ®F THE PETALUMA~ C;OIVIMUNITY, DE;VELOPIVIENT COIVIIVIISSION GOVERNING BUS'I'NESS SENTRY PREFERENCE IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PR®.IECT ' The PCDC will offer a reasonable preference to businesses that wish to reestablish themselves in the Project Area. after redeue_lopment 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 Plari was adopted. In order to be .eligible for a reentry preference, a business: must file a Statement of Interest with the PCDC, identifying.the redeveloped property where; th'e business is interested in .reestablishing itself. The Statement:must be in the form provided in Exhibit l hereto. The: business is encouraged to carefully evaluate potential properties .before submitting a Statement of Interest to the PCDC. . ~Uponreceipt of the Stateriient of Interest, the: PCDC' will revaluate the business to determine whether the property in which the business-.has expressed interest would be aautable location for the business, to reestablsh;itself in the Project Area`. The evaluation will consider, among other factors, the plans for the redeveloped property,'the activities associated with tYie business, the size of the business and itsparkng requirements, its compatibility with surrounding.. uses, .ifs ability to act as a catalyst. for other desired development, etc.. The PCDC may request. . additional information from the business as needed to conduct the evaluation. If the PCDC determines that. the~property would be a suitable location for the. business, it will provide the'busness with information regarding the property and the name of the person whom the business should. contact for, lease discussions. In addition, the PCDC will_send the business name and. other relevant information to the. owner/manager of the redeveloped property, identifying the business as eligible for}reentrypreference. 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 seeunng a' particular location for~reentry into the Project Area. The owner/manager ofthe- redeveloped property°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 business to reestablish. itself in the Project 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. • EX>FI~IB'IT' 1 TO RULES OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION GOVERNING BUSINESS REENTRY PREFERENCE IN THE CENTRAL BUSINESS DISTRICT PROJECT PETALUMA COIVIMUN.. ITY DEVELOPMENT COMMISSION STATEIVIENT~OF INTEREST Please tell us how we can contact you: 1. Name Telephone 2. Mailing Address Owners of businesses who would like to be considered for a°reentry preference to reestablish. the business on a redeveloped property within the Project Area should complete-'th'is form and submit it to the PCDC staff located at 11 English Street, Petaluma, California 9495226.10. ' [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 deterrnine~ whether the property in which I am interested would be an appropriate location for reestablishing rriy business m,the Project;Area. I understand that~my failure to provide the information requested could cause me' to forfeit my reentry preference. Date: Signed: ,