Loading...
HomeMy WebLinkAboutRDA Reso No 2009-05 n n o RESOLUTION NO. 2009-05 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING REVISED OWNER PARTICIPATION RULES FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ("CRL")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ("Project Areas"), which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23, 1980 (the "Original Plans"); and WHEREAS, the Original Plan for Project Area No. I was amended by Ordinance No. 624 on July20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008; the Original Plan for Project Area No. II was amended by Ordinance 671 on July 18,1983, by Ordinance No. 987 on November 8,1994, and by Ordinance No. 1249 on February 26,2008; the Original Plan for Project Area No. III was amended by Ordinance No. 987 on November 8, 1994, and by Ordinance No. 1249 on February 26, 2008, collectively the "Amendments"; and WHEREAS, CRL Section 33345 provides that a redevelopment agency shall adopt and make available for public inspection within a reasonable time before approving the redevelopment plan, rules to implement the operation of owner participation in connection with a redevelopment plan; and WHEREAS, CRL Section 33339.5 provides that the Agency shall adopt and make available for public inspection rules regarding the extension of reasonable preferences to persons who are engaged in business in the Project Areas to re-enter in business within the redeveloped area, if they otherwise meet the requirements prescribed by the redevelopment plan; and WHEREAS, pursuant to CRL Sections 33345 and 33339.5, the Agency prepared and adopted rules implementing the provisions of CRL Sections 33345 and 33339.5 as applicable to the Project Areas (the "Owner Participation Rules") in connection with the Agency's adoption of the Original Plans and the Amendments; and WHEREAS, that in connection with the proposed amended and restated redevelopment plans processed concurrently herewith, the Agency desires to update the Owner Participation Rules in substantially the form attached to this resolution (the "Revised Owner Participation Rules"); and n n D WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Lake Elsinore hereby approves and adopts the attached "Revised Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants" in the Rancho Laguna Redevelopment Project Areas No. I, II and III, attached hereto as Exhibit "A" and incorporated herein by reference, as the Revised Owner Participation Rules for the Project Areas. The Revised Owner Participation Rules attached hereto as Exhibit "A" shall be binding and shall supersede and replace any and all other versions of any Owner Participation Rules prepared and/or adopted by the Agency in their entirety. The Revised Owner Participation Rules shall be available for public inspection as of this date. SECTION 2. The Executive Director of the Agency is hereby authorized and directed to make the Owner Participation Rules available at the offices of the City Hall for inspection by all interested persons and to publish a notice ofthe availability thereof in the newspaper of record. SECTION 3. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED, AND ADOP THO BUCKLEY, CHAIRMAN i~~..~ i::.:'~ ~ ~ "" D ORA THOMSEN -J _._ __ 1 ~ -:,AGENGY SECRETARY ~~-:',.. -~":.'.,'" ^ \~.' - n n n STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) I, Debora Thomsen, Agency Secretary of the Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-05 was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24th day of March 2009, and that the same was adopted by the following vote: AYES: Chairman Thomas Buckley, Vice-Chairwoman Amy Bhutta, Member Daryl Hickman, Member Robert Magee, Member Melissa Melendez NOES: None ABSTAIN: None ABSENT: None M~ w!mnsi-~~ DEBORA THOMSEN, _, ~ -,-; ,- , . I - AGENCY SECRETARY' --. ."... - . '-" ~ . -, - . ......- ~ . <,~' . "'",'. -- EXHIBIT "A" n Revised Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III [Attached] n n n REVISED RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS AND THE EXTENSION OF REASONABLE PREFERENCES TO BUSINESS OCCUPANTS IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II and 11/ In Adopted by: Redevelopment Agency of the City of Lake Elsinore In March 24, 2009 Resolution No. 2009 I. II. III. A. B. IV. A. B. C. V. VI. A. B. C. VII. TABLE OF CONTENTS PAGE [SECTION 100] PURPOSE AND INTENT ...................................................................................1 [SECTION 200] DEFINITIONS ................................................................... ........ ...... ........................1 [SECTION 300] OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO RE-ENTER IN BUSINESS WITHIN REDEVELOPED AREA......2 [SECTION 301] OPPORTUNITIES FOR OWNER PARTICIPATION ......... .2 [SECTION 302] PREFERENCES FOR PERSONS ENGAGED IN BUSINESS IN THE PROJECT AREAS. 2 [SECTION 400] METHODS OF PARTICIPATION, AND LIMITATIONS THEREON...................2 [SECTION 401] METHODS OF PARTiCiPATION.......................... [SECTION 402] LIMITATIONS ON PARTICIPATION OPPORTUNITIES ......... ........ [SECTION 403] CONFLICTS BETWEEN POTENTIAL PARTICIPANTS ............. 2 .. .. . .2 . .. 3 [SECTION 500] CONFORMING OWNERS ..................................................................................3 [SECTION 600] METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON ............................................................................................................. ...... ..... ......... ..... ...4 [SECTION 601] METHODS FOR. EXTENDING REENTRY PREFERENCES ....... . . .. . . . . ..4 [SECTION 602] LIMITATIONS ON THE EXTENSION OF PREFERENCES ................ ........ . ... .4 [SECTION 603] CONFLICTS BETWEEN BUSINESS OCCUPANTS SEEKING SIMILAR PREFERENCES ...4 [SECTION 700] PARTICIPATION PROCEDURES .......................................................................5 A. B. 1. 2. 3. [SECTION 701] NOTICE AND STATEMENT OF INTEREST ................. [SECTION 702] PARTICIPATION AGREEMENTS ........................ {Section 703} General................................................ ................... {Section 704} Contents............................................... {Section 705} Approval of Agreements ............... ........ 6 . . . ..5 .......... .... ... . . 5 ........... ..5 .5 VIII. [SECTION 800] ENFORCEMENT ............................................................................. .6 IX. [SECTION 900] AMENDMENT OF RULES........................................................................... ...6 "Statement of Interest in Participating" Form .........::.......................................................................... 7 l" ,~. Rules Governing Participation by Properly Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I. II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page I III ~In::: ."gl''''''''' L..Cll::IuIJc::Il.u:n....gVgIU~IIIt:1II~ rluJt:lt,,;l....It:li:t::i '''0. I, II Cl.flU III ~__~t.._ ~_..J_.._I_____~ ^______ _~~L_ .....'L _", _. .....,. Ii RULES GOVERNING PARTICIPATION BY PROPEI:HY OWNERS AND THE EXTENSION OF REASONABLE PREFERENCES TO BUSINESS OCCUPANTS IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II and III I. [SECTION 100] PURPOSE AND INTENT These Rules are adopted by the Redevelopment Agency of the City of Lake Elsinore ("Agency") to implement the provisions of the Amended and Restated Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III ("Projects" or "Project Areas") regarding participation by property owners and the extension of reasonable preferences to business occupants within the Project Areas. These Rules set forth the procedures governing such preferences and participation. ~ The California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL") requires the adoption of these Rules by the Agency to provide for participation In the redevelopment of the Project Areas by owners of real property and the extension of preferences 10 persons engaged in business within the boundaries of the Project Areas to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the Amended and Restated Redevelopment Plans for the Projects. Although the Agency encourages participation in the redevelopment of the Project Areas by as many interested property owners as possible, a property owner's decision to participate in the Projects is voluntary. These Rules do not require property owners to participate in the redevelopment activities If a property owner does elect to participate, however, the property owner must comply as a PartiCipant with these Rules. n II. [SECTION 200] DEFINITIONS As used herein, the following definitions apply: (1) "Business Occupant" means any person, persons, corporation. aSSOCiation, partnership, or other entity engaged in a law1ul business within the Project Areas for so long as such Business Occupant remains in business within the Project Areas. (2) "Agency" means the Redevelopment Agency of the City of Lake Eisinore (3) "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. (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 Areas for so long as such Owner holds such title or long-term lease. (5) "Participant" means an Owner who has entered into a Participation Agreement With the Agency. n (6) "Participation Agreement" means an agreement entered into by an Owner with the Agency providing for such Owner to participate in the redevelopment of property With In the Project Areas in accordance with the provisions of the Amended and Restated Redevelopment Plans and these Rules. (7) "Project Areas" means the areas described in the Rancho Laguna Redevelopment Project Areas No. I, II and III Legal Descriptions (Attachment NO.1 to the Amended and Restated Redevelopment Plans) and shown on the Project Area Maps (Attachment No. 2 to the Amended and Restated Redevelopment Plans). Rules Governing Participation by Property Owners and Keyser Marston Associates, Inc the Extension of Reasonable Preferences to Business Occupants Page 1 in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore n I I n n (8) "Amended and Restated Redevelopment Plans" means the Amended and Restated Redevelopment Plans prepared for the Rancho Laguna Redevelopment Project Areas No. I, II and III. III. [SECTION 300] OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO RE.ENTER IN BUSINESS WITHIN REDEVELOPED AREAS A. [Section 301] Opportunities for Owner Participation Owners of real property within the Project Areas shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Areas if such Owners agree to participate In the redevelopment in conformity with the Amended and Restated Redevelopment Pians and these Rules. B. [Section 302] Preferences for Persons Engaged in Business in the Project Areas Business Occupants engaged in business in the Project Areas shall be extended reasonable preferences to re-enter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Amended and Restated Redevelopment Pians and these Ruies. IV. [SECTION 400] METHODS OF PARTICIPATION, AND LIMITATIONS THEREON A. [Section 401] Methods of Participation Participation methods include 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 rehabilitation or development of the Owner's property and, if appropriate, other property, or submitting to the Agency for Its consideration another method of participation proposal pursuant to these Rules. An 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 methods also include the Agency buying land and improvements at fair market vaiue from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointiy with other persons or entities. B. [Section 402] Limitations on Participation Opportunities 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) (4) The removal, relocation, and/or installation of public utilities and public facilities; The ability of potential Participants to finance the proposed acquisition, development or rehabilitation in accordance with the Amended and Restated Redevelopment Plans; Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 2 n n n (5) The ability and experience of potential Participants to undertake and complete the proposed rehabilitation or development; (6) (7) Any reduction in the total number of individual parcels in the Project Areas; 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 Areas; (9) The necessity to assemble areas for public and/or private development; (10) The requirements of the Amended and Restated Redevelopment Plans and applicable rules, regulations, and ordinances of the City of Lake Elsinore; (11) Any design guide adopted by the Agency pursuant to the Amended and Restated Redevelopment Plans; and (12) The feasit)i1ity of the potential Participant's proposal. C, [Section 403] Conflicts Between Potential Participants If conflicts develop between the desires of potential Participants for particular sites or land uses, the Agency is, subject to the limitation factors above, authorized to establish reasonable priOrities and preferences among the potential Participants and to determine a solution by consideration of such factors as: (1) (2) (3) (4) (5) A Participant's length of occupancy in the Project Areas; Accommodation of as many potential Participants as possible; Ability to perform; Similar land use to similar land use; and Conformity with intent and purpose of the Amended and Restated Redevelopment Plans 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. V. [SECTION 500} CONFORMING OWNERS The Agency may, in its sole and absolute discretion, determine that certain real properties within the Project Areas presently meet the requirements of the Amended and Restated Redevelopment Plans, and the Owners of such property will be permitted to remain as conforming Owners without an Owner Participation Agreement with the Agency, provided such Owners continue to operate, use and maintain the real property within the requirements of the Amended and Restated Redevelopment Plans In the event that any of the conforming Owners 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 Areas, then, in such event such conforming Owners may be required by the Agency to enter into an Owner Participation Agreement with the Agency. Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevetoprnent Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, lnc Page 3 VI. [SECTION 600] METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON n A. [Section 601] Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by Agency action from the Project Areas, If any, the Agency will, prior to such dispiacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Areas, or 2) If suitable relocation accommodations within the Project Areas are not avaiiabie prior to displacement, whether such Business Occupant would desire to re-enter in business within the Project Areas at a later date should suitable accommodations become available, For those Business Occupants who desire to relocate directly to another Project Areas location, the Agency will make reasonable efforts to assist such Business Occupants to find accommodations at locations and rents suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directiy relocated within the Project Areas. but who have stated that they desire to re-enter into business in the Project Areas whenever suitabie locations and rents are available, will be maintained by the Agency. The Agency will make reasonable efforts to assist such Business Occupants to find re-entry accommodations at locations and rents suitable to their needs. In order to implement the operation of this Section 601, the Agency will prOVide In all Participation Agreements, disposition and development agreements, and other agreements, as applicable, that in the renting or leasing of premises rehabilitated or developed pursuant to such agreements, the Participant or developer will give reasonable preferences (over other potential tenants or lessees) to Business Occupants who will be or who have been displaced from their places of business to lease or rent premises within the newly rehabilitated or developed facilities. B. [Section 602] limitations on the Extension of Preferences n Re-entry preferences shall necessarily be subject to and limited by factors such as the following: (1) The extent to which suitable relocation or re-entry accommodations exist or are rehabilitated or developed within the Project Areas; (2) The extent to which suitable relocation or re-entry accommodations are availabie to displaced Business Occupants within an acceptable time period or at rents and other terms that are acceptable to such displaced Business Occupants, and within their financial means; and (3) The requirements of the Amended and Restated Redevelopment Pians or any design guide adopted by the Agency pursuant to the Amended and Restated Redevelopment Plans, C. [Section 603] Conflicts Between Business Occupants Seeking Similar Preferences If conflicts develop between Business Occupants who seek similar preferences (e.g.. two or more occupants who desire to relocate directly to or to re-enter in business at the same premises), the Agency is, subject to the limitation factors above, authorized to establish reasonable priorities and preferences among such occupants and to determine a solution by consideration of such factors as: (1) Length of time in the Project Areas; (2) Accommodation of as many Business Occupants as possibie; n Rules Governing Participation by Properly Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelop~ent Agency of the City of Lake Elsinore Keyser Marston Associates, lnc Page 4 (3) Appropriateness of the type of business within the proposed premises and/or at the proposed location; n (4) (5) The feasibility of business success; and Conformity with the intent and purpose of the Amended and Restated Redevelopment Plans and these Rules. VII. [SECTION 700] PARTICIPATION PROCEDURES A. [Section 701] Notice and Statement of Interest 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 Areas, the Agency shall first notify Owners of property which may be acquired and call upon them to submit Statements of Interest in Participating in the proposed development or In othenwise participating in the redevelopment of the Project Areas. The Agency shall deliver to each Owner of reai property, which may be acquired, a Statement of Interest in Participating form 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 in Participating 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 may also submit such a statement at any time before such notification. n The Agency shall consider such statements as are subm itted on time and shall seek to deveiop reasonable participation for those submitting such statements whether to stay in place or to move to another location. The Agency may in its sole discretion determine that a participation proposal is not feasible or in the best interest of the Project or the community, or is othenwise limited by one or more of the criteria set forth in Section 402 hereof. In such event, the Agency may select a developer from among prospective participants submitting Statements of Interest in Participating and others invited to submit proposals. The Agency also has the option to select none of the proposals, and, if deemed desirable, to solicit new participation or development proposals. B. [Section 702] Participation Agreements 1. [Section 703] General Public and private Owners wishing to develop or improve their properties within the Project Areas may be required, as a condition to Agency approval of such development, to enter into a binding, written Participation Agreement with the Agency if the Agency determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Amended and Restated Redevelopment Plans or of any design gUide adopted by the Agency pursuant to the Amended and Restated Redevelopment Plans. 2. [Section 704] Contents o A Participation Agreement shall obligate the Owner, and the Owner's heirs, successors and assignees to acquire, rehabilitate, develop and use the property, as may be applicable, in conformance with the Amended and Restated Redevelopment Plans and/or to be subject to such other prOVisions and conditions of the Amended and Restated Redevelopment Plans as the Agency may require for the period of time that the Amended and Restated Redevelopment Plans is in force and effect, excepting those provisions related to non-discrimination and non-segregation which shall run in perpetuity. Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants In the Rancho Laguna Redevelopment Project Areas No. I, Ii and Iii for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 5 l I ' Each Participation Agreement will contain such terms and conditions and wiil require the potential 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 Amended and Restated Redevelopment Plans and the agreement. 3. [Section 705] Approval of Aoreements All Participation Agreements must be approved by the Agency Board before they are effective Participation Agreements will be effective only if approved by a majority vote of the members of the Agency. VIII. [SECTION 800] ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Amended and Restated Redevelopment Plans, with an Agency determination of conformance, or a Participation Agreement, then the Agency is authorized to take any appropriate action sufficient to obtain such conformance. IX. [SECTION 900]AMENDMENT OF RULES n The Agency may amend these Rules at any regular meeting or duly cailed special meeting held after their adoption, but only after notice to the Agency members and the public. The text of the proposed change shail be furnished along with the notice of the meeting. Such notice shail be delivered 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. ( I 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. D Rules Goveming Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redeveiopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc Page 6 REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE STATEMENT OF INTEREST IN PARTICIPATING n I hereby express my interest in participating in the Rancho Laguna Redevelopment Project Area No. I, II or III (circle one) and submit the following information: 1. Name: Daytime Telephone: 2. Home Address: 3. My present Involvement in the Project Areas is: (check a or b) a) _ I now own property in the Project: b) _ I now lease property in the Project: Explain: (use additional sheets if necessary) 4. Address of Business: n 5. Name of Business(es) located on my property, if any; 6. ,_ own _ do not own business(es) located on my property (check one) 7. If you do not own the business(es) located on your property, please list the name(s), address(s) and telephone number(s) of the owner(s) on a separate sheet 8. )f) participate: (check a, b or c) a) _ I would like to continue at the same location b) _ I would like to change my present location c) _I would like to acquire real property for expansion (indicate approximate requirements; use additional sheets if necessary) REMARKS: (use additional sheets if necessary) I understand that submission of this Statement of Interest in Participating form does not obligate me to participate in the Rancho Laguna Redevelopment Project Area. Signed: Date: n Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Ine. Page 7