HomeMy WebLinkAboutPCDC Resolution 1988-04 07/05/1988 PETO0002-18/0084P/dc
05/26/88
RESOLUTION N0. 88-~
RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT
COMMISSION APPROVING AND ADOPTING CERTAIN RELOCATION
ASSISTANCE GUIDELINES AND CERTAIN RULES GOVERNING
PARTICIPATION BY OWNERS AND BUSINESS TENANTS AND
ADOPTING A DECLARATION OF RESTRICTIONS IN CONNECTION
WITH THE PETALUMA COMMUNITY DEVELOPMENT PROJECT
WHEREAS, the Petaluma Community Development Commission (the
"Commission") has initiated certain actions in connection with the
preparation and adoption of the Redevelopment Plan for the Petaluma
Community Development Project (the "Redevelopment Plan") which shall
be considered for adoption by appropriate ordinance of the City
Council of the City of Petaluma, California (the "City"); and
WHEREAS, the Commission desires, when consistent with the objectives
of the Redevelopment Plan, to give preference to existing owners and
business tenants for re-entry in business in the redeveloped area;
and
WHEREAS, the owners of certain real property and/or business tenants
thereof within the Petaluma Community Development Project may desire
to participate in the redevelopment of that certain property subject
to the Redevelopment Plan (the "Project Area") in conformity with
the Redevelopment Plan; and
WHEREAS, the Commission desires, for the benefit of the Commission
and the several purchasers or lessees of lots and parcels of real
property within the Project Area to prescribe certain standards
relating to the use and occupation of such real property; and
WHEREAS, although the implementation of the Redevelopment Plan is
not currently anticipated to result in the displacement of any
persons., it is appropriate at this time for the Commission to adopt
certain relocation assistance guidelines in connection therewith.
NOW, THEREFORE, BE IT RESOLVED, BY THE PETALUMA COMMUNITY
DEVELOPMENT COMMISSION AS FOLLOWS:
Section 1. The Commission hereby approves and adopts the
Relocation Assistance Guidelines as on file with the Commission
Secretary and incorporated herein by this reference.
Section 2. The Relocation Assistance Guidelines, as approved in
Section 1 of this Resolution, are hereby supplemented for the
purpose of local application by the Commission as follows:
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(a) Any reference to the term "public entity" shall be deemed
to be a reference to the Commission unless the context otherwise
requires.
(b) In accordance with Section 6032 of the Relocation
Assistance Guidelines as on file with the Commission Secretary, the
Commission shall provide relocation advisory assistance. Such
assistance shall be provided in accordance with a specific
relocation plan prepared in accordance with Section 6038 of said
Relocation Assistance Guidelines for each specific development
project which may result in displacement.
Section 3. The Commission hereby approves and adopts those
certain rules and regulations entitled, "Rules of the Petaluma
Community Development Commission Governing Participation by Owners
and Business Tenants in the Petaluma Community Development Project",
attached hereto as Exhibit "A" and by this reference incorporated
herein, and such rules and regulations shall govern participation by
owners and business tenants in the Petaluma Community Development
Project.
Section 4. The Commission hereby approves and adopts that certain
declaration of restrictions entitled, '°Declaration of Restrictions:
Petaluma Community Development Project," as attached hereto as
Exhibit "B" and by this reference incorporated herein, and such
restrictions shall be included in every instrument executed by the
Commission which conveys, transfers or leases real property within
the Project Area.
Section 5. The Commission Secretary shall make said Relocation
Assistance Guidelines, the Rules Governing Participation by Owners
and Business Tenants in the Petaluma Community Development Project
and the Declaration of Restrictions available at the office of the
City Clerk of the City of Petaluma for inspection by all interested
persons during normal business hours of the City.
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' Section 6. This Resolution shall take effect upon adoption.
PASSED AND ADOPTED at a regular meeting of the Petaluma Community
Development Commission held on July 5 1988, by the
following vote:
Commissioner AYE NO ABSENT ABSTAIN
Davis A
Sobel g
Tencer g
Cavanagh g
Balshaw g
Vice Chair Woolsey x
Chairman Hilligoss g
M. Pa ricia Hilligoss, hairman
ATTEST:
P. Bernard, Recording ecretary
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PET00002-19/0143P/i~ra
05/25/88
RULES .OE THE PETALUMA'COMMUNT,TY DEVELOPMENT COMMISSION
GOUERN:ING PARTICIPATION BY OWNERS AND BUSINESS TENANTS
IN THE PETALUMA COMMUNITY `DEVELOPMENT PROJECT
SECTION 1. GENERAL.
These Rules are promulgated to implement the provisions o€
the Redevelopment Plan for the Petaluma Community Development
Project (the "Redevelopment Plan") reg,ard~ng participation by owners
and business tenants in the redevelopment of the redevelopment
project area of the .Pet-aluma Community Development Project (the
"Project Area") in :conformity with the Redevelopment .Plan . "These
Rules set forth the procedures governing such activities. ,
The Petaluma. Community Development, Commission (the
"Commission") .desires and urges p'articpa~ton in the,-growth and
development of the Project Area im conformity with the .Redevelopment
Plan by as many owners and business tenants as possible..
Successors-in-interest o:f; original participa t owners or business
tenants may become pa-rtcipants at~ any stage with the written
approval of the Comr~ii si~on. The. word "owner" used herein shall,
unless the context otherwise requires, include business tenants.
SECTION 2. PARTICIPATION BY OWNERS
The Redevelopment Plan autho'rizes~the Commission to permit
persons who are ownera of residential, business and other types of
real property i_n the Project Area to be given an opportunity to
participate in 'the redeveaopment of the Project Area ,by the
Commis ion. :Such p.artcpa.tion in the. redevelopment of the Project
Area includes, in the appropriate circumstances, rehabilitation of
existing. imp-rovements; demolition and construction of mew
development, acquisition. of property which is adjacent to the land
of an existing owner foz app"roved development., acquisition .and
assembly of property at other locations- wi hin the Project Area fox.
approved development o'f an existing owner and the acgu'i5~tion of the
property of ex_s mg owners by the Commission for a~ssemb'ly and
red'evelo:pinent by th:rd_ parties who have previously committed to
develop such property' i-n accordance with. the Redevelopment Plan and
t`he applicable development and-land use standards o`f, the City of
Peta uma, California (the "City"). However, these Rul,e_s hall not
be deemed to confer' a right or expectation upon. any existing
property owner within the Project Area to obtain the permission,
authoriza°tion or assistance from the Commission to participate in
the redevelopment. within the. Project Area on any parcel of property
which such owner may presently own. The Commission expressly
reserves thediscretion to evaluate competing proposals for
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redevelopment within the Project Ar:e;a of: property of existing
.owners, and in appropriate circumstances, to withhold or •not offer
owner partic„pation opportunities, for ezisting ownera o'f property in
connect-ion with redevelopment proposals of thrd~'parties as approved
by the Comm sign. y
A. Participation in an Ezisting Location
In appropriate circumstances, an owner may participate in
the redeye>lopment of the .Project Area by the Commission in
substantially t-he ame location e.iaher by reta-ning all or portions
of his property, or by re.ta•i-ning a]:1 br porfions of his property and
purchasing adjacent property .from the Commis ion or from other
existing owners. An owner who participates in the same location may
be required to demolish all or part of his existing structures. In
.some instances, the Commis ion may purchase and demolish such
structures. Such participation shall be subject to an eva uat-..ion by
the Commission of t e economic feasibility of such a proposal and
the benefits which such a proposal shall confer upon the Project
Area.
B. Participation at Different Locations
Tn appropriate circumstances, the Commission may buy land
and. improvements from' ezsting owners, and offer parcels of land. for
purchase by other par,ti~c-pants or third pantie as approved by the
Commisis;ion prior to offering such property for sale to the general
public. In such event, an ezisting owner may participate in the
redevelopment of the Project Area by the Commission at a differen
location w"thin the: Project Area. Such. participation shill be
subject to an evaluation by the Commission o€ the economic
feasibility of .such a proposal and the benefits which such a
proposal shall confer upon the Project Area..
SECTION 3. OWNER PARTICIPATION AGREEMENT
'Each owner desiring to participate will be requ.red to
enter into an Owner Participation Agreement with the Commission.
Each Owner Participation Agreement will contain provisions necessary
to insure that the_Redevelopment Participation Proposal ~(as
hereinafter defined) will be carried out, and that the, subjee;t
property w,i;.la be developed or used in. accordance with the.
conditions, restrictions, rules and" regulations of the :Redevelopment
Plan and the ~ Owner Particpafion A-greement. Each Owner
Partci~g`a`tion Agreement will require the participant to join in the
recordation of~,such documents as the Commission may require in order
to insure such development and use.. An Owner Participation .
.Agreement shall be of°fective only upon approval by the Commission.
SECTION 4. PARTICLPATION PROCEDURE
A. -.Each owner interested in becoming a participant in the
Petaluma Community Development Project (the "Project") must submit
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to the Commis ion a statement ind`icat'ing such interest ("Statemen~:t
of Interest") within twenty (20) days a-fter notification by the
Commission that his property or lease may be acquired. by the
Commission; provided, however, that nothing herein sha l be -deemed
to confer a right o'r expectation upon any existing property owner
within the Project Area. to be perm .ted or authorized by the
Commission to~ participate in the redevelopment of the Project Area
in subst?antally the same location. .The Commission may-disregard
Statements of Interest submitted after said twenty (20) day period.
In the alternative, the Commission may, in its d'iscreti,on, proceed
to the nett step set forth herein prior to o'b'taining a Statement of
Interest from an owner. The Commis ion will next notify each. owner
submitting a Sta ement o,f Inte•rest of t'he time within which he may
submit to the Commis ion a proposal to participate in said Project
("Redevelopment Participation Proposal").
B. Each Redevelopment Participation Proposal shall
specify the form and manner of participation sought by the owner,
shall set forth an ~aecurate and detailed description of the project
proposed by the owner, and shall include evidence of the proponent's
financi'a.I ability to complete his participation in accordance with
the Redevelopment Plana
C. If the Commission determi.ne's that a Redevelopment
Participation 'Proposal conforms with the Redevelopment Pl.a~n,
approve the Redevelopment Participation Proposal and determines
that the proponent has the .ability to comp et'e his participat-ion _n
accordance with the Redevelopment Plan, the Commission may offer
such owner or binsness tenant an Owner Participation Agreement.
D. The following are the minimum Owner Participation
requirements that must be met regarding the property involved:
- O 'The pr-oposed development must conform with the
Redevelopment Plan.
('i) 'The property shall meet, or shall be brought `up to '
meet, a`t the owner's expense, a structural condition equal to or
better t°han that requ-iced fo'r a new structure or improvement o'f
equivalent.- size, ocation, .use and occupancy as requi-red. bg the
building and safety laws and regulations then:appaicable in the City.
(iii) The improvements as ezistng or rehablit=awed shall.
conform 'tp the Rede~elo:pment Plan.
(•v) The owner or business tenant shall demonstrate to. the
sat!sfact~ion. of the Commission that he financial- y capable of
performing any and all modifications. or rehabilitation or
moderni-za.ti,on on the egi5ting property in order that it will conform
to the Redevelopment Plan.
E. The participating owner shall execute an Owner
Part~cgation Agreement in which he shall agree to proceed with the
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redevelopment of the property invo ved in accordance. with the
Redeye opment Plan.
F. In'the bwner~ Paxticpa on Agreement, a participating
owner shall agree to remove., demol_;sh, alter, improve or
rehabilitate e_zisting structures and improvements on the property
involved and' to' thereafter use and maint-a~-in the same i=n such manner
as shall `be required by said Redevelopment P an and the Declaration
of Restrictions.
G. In the Owner Pa-rtcpaton Agreement, a participating
owner shall agree to remove or permit the Commission to remove any
and all restri"ctions ez"fisting against the: pro,p.erty involved which
are contrary to those contained in the Redevelopment Plan or the
Declaration of Restrictions and to impose Or permit the Commission
to impose said Decla=ration of Restrictions on the property involved.
H. In the Owner Participation Agreement, a participating
owner shall agree t.o~make a part of any Tease, rental agreement,
occupancy permit, use or sales agreement perta>inng to the property
involved or: any other document, a provision that there shall. be no
restrictions imposed thereon because of race, color, creed,
religion, sez, marital status;, national origin or ancestry.
I. If a p.artc:ipating owner agrees to remove, demolish,
alter,, improve or rehabilitate ezisting structures and improvements.
on the proper y involved in the Owner: Participation Agreement, the
participating owner sha.Tl, also agree to do so within specified time
`limits established by the Commission. If. the participating owner
agrees to construct new struc ures, and/or improvements on the
property involved or to remove, demolish, alter, improve: or
rehabilitate ezisti.ng property, the participating owner shall agree
to do ~so OnSy after plans, specficat-ions and art'ist's renderings of
the building have .been. presented to and approved by the Commission.
The pa`rt~ieipa ing owner shall also agree to perform such
construction, after said approval, within specified time limit ,
establis°hed by the Commission.
J. All owners who may be offered Owner Participation
Agreements by the Commi lion, shall enter into such Owner
Participation Agreements w hin the time limits specified by the
Commiss'on,.
K.. A11 property owners in the Project. Area shall have
access to .copies of said :Redevelopment Plan and to such other public
records of the Commi sign as on file with the Commis-ion Secretary
during r-egular off=ice hours . ' Such property owners may meet with the
Commission, member's at a'ny .regular or special meeting of the
Commission toy discuss the Redevelopment Plan as it affects their
property.; .provided, however., that such owners .shall make a request
to meet the: Commission' members at least five (5) working days prior
to the time set f:o;r such meeting.
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L. Each Owner Pa"rtiepaton Agreement may' contain a
section designating the purchase price of the parcel of propertg
nvo; ,ved f'or which the owner of such. ,property shall sell such parcel
_~'in the event the Commission is required 'to declare a default or a
breach of any or all of the terms and conditions of the Owner
Participation Agreement, so that, in accordance with the
Redevelopment' Flan,: the property invo.Ived' in an Owner Participation
Agreement which has .been declared to be in def ault may be acquired
by the Commission for redevelopment in accordance with the
Redevelopment Plan, and upon, such acquisition, the owner or business
tenant sha a have no further right -to participate by virtue of an
Owner Participation Agreement in the Project Area..
SECTION 5. AMENDMENT TO THESE RULES
The Commission may amend these Rules at any meeting' held
after their adoption of"ter giving reasonable notice to owners who
have submitted wriaten request for. such notice, and such not-ice may
be de vexed personally or. by mail to the 1as.t known address of each
such owner shown in the records of the Commission.
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PETO0002-20/01.44P/dc
06!13/8.8.
FORM OF DECLARIATION OF .RESTRICTIONS:
PETALUMA COMMUNITY DEUELOPMENT'PROJECT
KNOW ALL MEN'BY THESE ,PRESENTS.:
THLS DECLARATION is made and dated this day of
19$ by the PETALUMA .COMMUNITY DEVELOPMENT
COMMISSION,. a pu'b.lic ..body., corporate and politic of the State of
California. (the "Commission")."
WITNESSETH•
WHEREAS, the Commix ion is the owner of that certain real
property situated in the City of Petaluma, County of Sonoma, State
of California, which. real proper y is legally described in
Exhibit "A" attached hereto and, incorporated herein. by reference, is
within the boundaries of the redevelopment project area known as the
Petaluma Community Development Project (hereinaf ter called the
"Project Area"); and
WHEREAS, the Commission i about to sell, dispose of,
convey„ transfer or lease .some or all of the parcels of said re a'1
property and desires in that behalf, fo,r the benefit of itself and.
the se~eraT purchasers or Tessees of; lots and parcels of said real
property to prescribe certain standards relating to the use and
occupation,of such real property. .
NOW, THEREFORE., for the uses, and purposes herein set forth,
the Commission hereby declares that aT1 deeds, leases and cone°raets
for the sale, lease, 'use: or transfer of all lots, parcels and
portions of the read property referred to in the recitals hereof
shall 'be made and accepted upon condition that .said land be devoted
to the use provided n the Redevelopment Plan for the Petaluma
Community Development Pro>ject (the "Redevelo,pment Plan") and the
following egpres conditions, provisions, restrictions and covenants
(hereinafter referred``to as "conditions"), shall apply to and bind
the gra:n~tees thereof, their heirs, ezecuto.rs., administrators
.successors and a si~g s, and. all per ons claiming under or through
them, in the development of the real property referred to in the
recta s hereof and each and every lot,; parcel or portion thereof
and each and every lot or parcel into which such real property is
subdivided:
1. No building shall be permitted to remain within the
boundaries of t°he Project Area which does not. or cannot be made to
conform to the Redevelopment Plan.
2. Any and all plans for grading„ buildings, structures,
appurtenances thereto, landscaping, architectural design, use and
location of buildings .shall be submitted. to the Commission and
approved by the. Commission prior to construction.
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3. No buildings., structures and/or appurtenances thereto
shal,l~ be placed on any lots so that any por-t ion thereof shall be
closer to the property ,Linea t°han those setback requirements set
forth"in,_the Redevelopment Plan and/or as'.req"wired by the applicable
development r.egulat'ons of the City of Petaluma, California (the
"City") or the County of Sonoma (the "County"), as applicable.
4. Off-street par;kin.g requirements shall be those-set
forth in the Redevelopment Plan and/or the applicable development
regulations of the City or County.
5. No sign sha'li be permitted to be constructed,
attached, inscribed, aff"fixed or painted on or to any building in the
Project Area unless and until the de ign'fo'r such sign has been
presented to and approved by the Commission as to location, size,
design and construction..
6. The area between the City curb and/or sidewalk and any
structure in the Project Area shall be improved to City
specifications and a l landscaping Toca:ted in ouch area between the
.City curbs and any structure shall be maintained by the owner or
owners of the lot as a' condition of use.
7. All decisions and ap;prova`Ls or disapprovals by the
Commission herein es abli hed shall be final and binding with a
right of appeal as provided in the Redevelopment Plan.
8. All of the foregoing covenants, conditions and
restrictions set forth in the above numbered subparagraphs 1 through
7, inclusive, shall run with. the land. and shall continue in full
force and effect for a period of forty-five (45) years.
9. There !shall be no discrimination against or
s~gregat~ion of, any person. or group of per ons on.account of race,
color, creed, religion, sez, marital status, national origin. or
ancestry in the. sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment o'f~. the premises herein conveyed, nor shall 'the
grantee himself or any person claiming: under or through him,
establish or permit any such practice or practices of di crimination
or segregation with reference to the selection, location, number,
use or occupancy of tenan s, lessees, subtenants, sublessees or
vendee s' in the premises herein conveyed. The fore'g,oi~ng eovenanets
hall r.un with the land and shah apply to and be forever binding
upon any purcha er,. gr:antee, vendee or lessee of any part of said
property., his heirs, e$ecutor;s, administrators and assigns, and all
p'er-sons claiming under or through them.
PROVIDED,, .FURTHER, that if any covenant or condition o.r
restriction or paragraph, section, sentence, clause or phrase herein
contained, shall become illegal, null or void for any rea-son, or
shall be held by any' court of competent jurisdiction to be illegal
or against public policy, the remaining covenants, conditions and
restricaion~s, pa_ragr,aphs, sections, clauses or phrases herein
contained shawl not be affected thereby and shall remain in full
force and effect.
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6
P~ROU,IDED, FURTHER, that a breach of any of the foregoing
covenants and conditions shall not def'e`at or render invalid the lien
of any mortgage or, deed of trust made in good faith and for value,
as to said rea ty or any part,>thereof, a'nd said covenants and
conditions sha l be binding upon and' effective against any
subsequent. owner of said realty.
IN WhTNESS WHEREOF, THE PETALUMA COMMUNITY DE`1ELOPMENT
COMMISSION :has executed these. presents the day and year first above
written.
Chairman of the Petaluma-
Community Development Commission
(SEAL)
5'ecretary o'f the Petaluma
Community Development. Commission
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EXHIBIT "A"
Legal Description
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