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HomeMy WebLinkAboutRDA RES 140RESOLUTION NO. 140 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING RULES FOR RE-ENTRY IN BUSINESS AND RULES FOR OWNER PARTICIPATION IN PROJECT AREA NO. 1, AS AMENDED. THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Agency hereby approves the Rules for Re- entry in Business and the Rules for Owner Participation in Project Area No. 1, as amended, attached hereto as Exhibits A and B, respectively. Section 2. The Secretary of the Agency is hereby authorized and directed to cause to be published and posted a notice of the availability of such Rules. PASSED, APPROVED AND ADOPTED this 9th day of July by the following vote, to wit: AYES: McPherson, Newbrander, Snyder & Wilson NOES: None ABSENT: Puluqi ABSTAIN: None ATTEST: SHEILA R. GGAN, SEf KETARY PALM DESERT REDEVELOPMENT AGENCY , 1981, RDA RESOLUTION NO.140 EXHIBIT "A" PALM DESERT REDEVELOPMENT AGENCY PREFERENCE RULES FOR RE-ENTRY OF PERSONS ENGAGED IN BUSINESS WITHIN PROJECT AREA NO. 1, AS AMENDED General These preference rules are adopted pursuant to California Health and Safety Code Section 33339.5 to establish rules for granting pre- ferences to existing businesses (which term includes the commercial or industrial activities carried on or under any legal form of ownership) within Project Area No. 1 ("the Project Area"), as amended, which may be displaced from their present locations as a result of the implementation of the Redevelopment Plan for the Project Area, as amended, and which wish to relocate within the Project Area. 1. In any case where as a result of activities of the Agency in implementing the Redevelopment Plan for the Project Area, as amended, it is necessary to temporarily relocate an existing business (or businesses) from a particular location within the Project Area, such business shall be given a preference to relocate in such location. 2. In any case where as a result of activities of the Agency in implementing the Redevelopment Plan for the Project Area it is necessary to permanently relocate an existing business from a particular location within the Project Area, the Agency shall grant that business a preference to relocate in some other location within the Project Area, as amended. 3. A preference to relocate for any business temporarily or permanently displaced from a particular location within the Project Area, as amended, shall mean, in the case of property owned or acquired by the Agency and developed or to be developec as a business location meeting the requirements of these Rules, that the business location meeting the requirements of these Rules, that the business so displaced shall be given a right of first refusal to utilize such property for business Purposes, on the terms set forth in such right of first refusal, prior to the Agency's offering the property for use by any other similar business. 4. The following are the minimum requirements which must be met by any business to establish its eligibility for the preference: set forth in these Rules: a. The business use pronosed shall be consistent with the land use standards of the Redevelopment Plan for the Project Area, as amended. b. Any existing structures or improvements which are to remain in the Project Area, as amended, 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. 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 business shall agree in writing that in the use, occupancy and conduct of business on the premises there shall be no discrimination because of race, sex color, creed, religion, national origin or ancestry. RDA RESOLUTION NC 140 EXHIBIT "B" PALM DESERT REDEVELOPMENT AGENCY RULES GOVERNING OWNER PARTICIPATION IN THE REDEVELOPMENT OF THE PROJECT AREA NO. 1, AS AMENDED 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 No. 1 ("the Project Area")as amended. These Rules are intended to provide a framework within which property owners within the Project Area, as amended, may improve, repair, restore or otherwise modify their properties to conform to the standards of the Redevelopment Plan for the Project Area, as amended, 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, as amended, by as many owners, operators of businesses and business tenants as possible. In view of the pattern of land assembly and integrated development envisioned by the Redevelopment Plan, persons and firms doing business in the Project Area, as amended, will be encouraged to form partnerships, corporations or other joint entities to take advantage of their participation and preference opportunities. 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, as amended. 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, as amended, 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, as amended. 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, as amended. 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 sustantially 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. Conflicting desires among participants for particular sites or land uses will be resolved by consideration of such factors 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 land and improvements 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, as amended, will be given opportunities 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, as amended, prior 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 amended, as tenants will receive reasonable preferences to locate in the Project Area, as amended, in accordance with the prescribed uses of the Redevelopment Plan. 5. STANDARDS AND PROCEDURES Each owner desiring to participate in the Project Area, as amended, 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 regulations 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 existing structures or improvements which are to remain in the Project Area, as amended, 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 rehabilited shall conform to the Redevelopment Plan for the Project Area, as amended. 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 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 agreemer: pertaining to the property involved or use thereof, a prevision 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 involved, 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.