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HomeMy WebLinkAboutRDA RES 006REDEVELOPMENT AGENCY RESOLUTION NO. 6 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY ESTABLISHING RULES FOR OWNER PARTICIPA- TION IN PROJECT AREA NO. 1 BE IT RESOLVED, that the Redevelopment Agency hereby adopts those rules governing owner participation in Project Area No. 1 in the City of Palm Desert, a copy of which is attached hereto as Exhibit "A". BE IT FURTHER RESOLVED, that copies of these rules shall be available, during regular business hours, for public inspection in the Office of the City Clerk of the City of Palm Desert. March PASSED, APPROVED and ADOPTED this 27th day of , 1975, by the following vote: AYES: Benson; Brush; McPherson; Clark NOES: None ABSENT: Aston ATTEST: RULES GOVERNING OWNER PARTICIPATION IN THE REDEVELOPMENT OF PROJECT AREA NO. 1 PALM DESERT REDEVELOPMENT AGENCY PALM DESERT, CALIFORNIA 2.2189-0602 CONTENTS 1. INTRODUCTION 1 2. CERTIFICATE OF CONFORMITY 2 3. PARTICIPATION BY OWNERS OF REAL PROPERTY 2 4. PARTICIPATION BY TENANTS 3 5. STANDARDS AND PROCEDURES 4 6. AMENDMENT OF OWNER PARTICIPATION RULES 5 PALM DESERT REDEVELOPMENT AGENCY RULES GOVERNING OWNER PARTICIPATION IN THE REDEVELOPMENT OF THE PROJECT AREA NUMBER 1 1. INTRODUCTION These Rules are adopted pursuant to Section 33339.5 of the California Health and Safety Code to aid in the implementation of the Redevelopment Plan for Project Area Number 1 ("the Project Area"). These Rules are intended to provide a framework within which property owners within the Project Area may improve, repair, restore or otherwise modify their properties to conform to the standards of the Redevelopment Plan for the Project Area, and in the case of certain owners of improved property to obtain confirmation that their properties presently comply with the Redevelopment Plan. The Palm Desert Redevelopment Agency ("Agency") desires and urges participation in the growth and development of the Project Area by as many owners, operators of businesses and business tenants as possible. In view of the pattern of land assembly and inte- grated development envisioned by the Redevelopment Plan, persons and firms doing business in the Project Area will be encouraged to form partnerships, corporations or other joint entities to take advantage of their participation and preference opportunitie. Participation opportunities are necessarily subject to and limited by factors such as the following: A. The elimination and relocation of some land uses. B. Changes in some streets. C. The ability of participants to finance the proposed development. D. The reduction of the total number of individual parcels in the Project Area. 1 Opportunities for owner and tenant participation will be provided in generally the following order: A. Owner Occupants B. Other Owners C. Tenants 2. CERTIFICATE OF CONFORMITY Any owner of property, whether improved or unimproved, may twelve months after the effective date of the Redevelopment Plan for the Project Area apply to the Agency for a certificate of conformity ("Certificate" herein). Such a certificate, when issued, shall constitute a statement by the Agency, in recordable form, that the property in question presently conforms to all the provisions of the Redevelopment Plan for the Project Area. Photographs of the property at the time the Certificate of Conformity is issued shall be included as documentation on file with the Agency. A. Presently Improved Properties. Owners of presently improved properties meeting the requirements of these Rules, including the redevelopment standards incorporated herein, shall be entitled to receive a certificate upon application to the Agency or its designated agent. B. Unimproved and Partially Improved Properties. Owners of unimproved or partially improved properties not meeting the requirements of these Rules, including the redevelopment standards incorporated herein, shall be entitled to receive a certificate upon the completion of such improvements to their properties as may be required under these Rules and the standards of the Redevelopment Plan for the Project Area. 3. PARTICIPATION BY OWNERS OF REAL PROPERTY A. Participation in the Same Location In appropriate circumstances where such would foster the unified and integrated development contemplated by the Redevelopment Plan, an owner may participate in substantially the same location by retaining all or portions of his property and purchasing other property if needed and available for development in accordance with the Redevelopment Plan. 2 Conflicting desires among participants for particular sites or land uses will be resolved by consideration of such fact- ors as the length of time in the area; accommodation of as many participants as possible; similar land use to similar land use; conformity of a participation proposal with the intent and purpose of the Redevelopment Plan. Where a proposal to participate in the same location involves a building in good condition, but with an existing use which does not conform to the provisions of the Redevelopment Plan, the Agency may allow such use to continue provided that such use is generally compatible with the permitted uses in the area in which it is located. In order to remain with a non- conforming use, the owner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the area. The final decisions concerning land acquisition by the Agency will be based upon the condition existing at the time the Agency purchases property or enters into participation agreements. B. Participation in a Different Location In some instances, the Agency will buy the land and improve- ments at fair market value, and offer parcels of cleared land for purchase by owner -participants prior to offering for sale to the general public. Property sold to owner - participants will be made available at fair value for the uses designated in the Redevelopment Plan. Scheduling by the Agency will be programmed to permit the owners to continue in their present locations for as long as feasible pending completion of their new facility. 4. PARTICIPATION BY TENANTS Pursuant to these rules, non -property owners who are tenants engaged in business in the Project Area will be given opportuni- ties to remain or to obtain reasonable preferences to re-enter within the redeveloped area as business tenants or owners, if they otherwise meet the requirements prescribed by the Plan. A. Tenant Participation as Owners Business tenants will be given reasonable preference to purchase and develop real property in the Project Area prior 3 to offering for sale to the general public. Property sold to such tenants will be made available at fair value for the uses designated in the Redevelopment Plan. B. Preferences for Business Tenants as Tenants Business tenants who desire to re-enter the Redevelopment Project Area as tenants will receive reasonable preferences to locate in the Project Area in accordance with the prescribed uses of the Redevelopment Plan. 5. STANDARDS AND PROCEDURES Each owner desiring to participate in the Project Area will be required to enter into a Participation Agreement with the Agency. Each Participation Agreement will contain provisions necessary to insure that the Participation Agreement will be carried out, and that the owner's property will be developed or used in accordance with the conditions, restrictions, rules and regula- tions of the Redevelopment Plan and the Participation Agreement. Each Participation Agreement will require the participant to join in the recordation of such documents as the Agency may require in order to insure such development and use. The following are the minimum requirements that must be met concerning any property subject to a Participation Agreement: A. Any existiog structures or improvements which are to remain in the Project Area shall have been constructed under the auspices of approved building plans and permits. All new structures or improvements shall meet the current building and safety laws and regulations applicable in the City. B. The improvements as existing or rehabilitated shall conform to the Redevelopment Plan for the Project Area. C. The owner shall demonstrate to the satisfaction of the Agency that he is financially capable of performing any and all modifications or rehabilitation or modernization on the existing property in order that it will conform to the Redevelopment Plan. D. The participating owner shall execute a Participation Agreement in which he shall agree to proceed with the redevelopment of the property involved in accordance with the Redevelopment Plan. In the Participation Agreement, a 4 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 the same in such manner as shall be required by Redevelopment Plan. E. In the Participation Agreement, a participating owner•.shall agree to remove or permit the Agency to remove any and all restrictions existing against the property involved which are contrary to those contained in the Redevelopment Plan or the Participation Agreement and to impose or permit the Agency to impose restrictions of record restricting the use of the property involved to uses and development consistent with the Redevelopment Plan and Participation Agreement. F. In the Participation Agreement, a participating owner or business tenant shall agree to insert into and make a part of any lease, rental agreement, occupancy permit, use or sales agreement pertaining to the property involved or any other document pertaining to the property involved or use thereof, a provision that there shall be no restrictions imposed thereon because of race, sex, color, creed, religion, national origin, or ancestry. G. In the Participation Agreement, if a participating owner agrees to remove, demolish, alter, improve, or rehabilitate existing structures and improvements on the property in- volved, he shall also agree to do such within specified time limits established by the Agency. 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, he shall agree to do so only after plans, specifications and artist's renderings of the buildings have been presented to and approved by the Agency. He shall also agree to perform such construction, after said approval, within specified time limits established by the Agency. 6. AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. 5