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HomeMy WebLinkAbout1980-02-05; Housing & Redevelopment Commission; Resolution 3' II v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3 A RESOLUTION OF THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS AND TENANTS IN THE VILLAGE AREA REDEVELOPMENT PROJECT. WHEREAS, as the Community Redevelopment Law requires that rules governing owner participation and business prc be adopted and made available for public inspection "wit1 a reasonable time'' prior to the approval of a redevelopmt plan, and WHEREAS, the Village Area Redevelopment Plan is entc the adoption process it is desirable at this time to ado] rules attached hereto as Exhibit "A" and incorporated he: by reference. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Hous: Redevelopment Commission, as follows: 1. That the above recitations are true and correc. 2. That the Carlsbad Housing and Redevelopment COI does hereby adopt the rules attached hereto as Exhibit ': entitled Rules Governing Participation and Preferences b and Tenants in the Village Area Redevelopment Project. PASSED, APPROVED AND ADOPTED by the Carlsbad Housin Redevelopment Commission at a Regular Meeting thereof, h the 5th day of February, 1980, by the following vote, AYES: Commissioners Packard, Skotnicki, Anear, Leb NOES: None ",,I -' "-3 ABSENT: PJone ATTEST : ,/ '*. "".X" L 77&L.& /,fiLA z* . .p , /...'' CHAIRPERSON Secretary (Seal) v CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION RULES GOWRNING PARTICIPATION AND PREFERENCES BY OWNERS AND TENANTS IN THE VILLAGE AREA REDEVELOPMENT PROJECT Section I. GENERAL These rules are promulgated to implement the provisions of the Redevelopment Plan for the Village Area Redevelopment Project operators of businesses, and tenants. The Carlsbad Housing and Redevelopment Commission(herein after referred to as Commission), desires participation in developmer of the project area by as many~owners and tenants as possible. view of the pattern of land assembly and integrated developmeni envisioned by the Redevelopment Plan, persons and firms doing business in the Project area will be encouraged to take advant; of their pariticipation and preference opportunities. Specific attention will be focused upon the participation of 01 of buildings that have historical and architectural merit and \ are structurally sound and can be renovated'feasibly in accord: with the Plan, regarding participation and the exercise of preferences by own6 Participation opportunities are necessarily subject to and 1im: by factors such as the following: 1. The elimination and/or modification of some land use. 2. The realignment and abandonment of some streets. 3. The ability of participants to finance the proposed development. 4, The reduction of the total number of individual parce in the project area. 5, Change in orientation and character of the area. 6. The building has historical and/or architectual quali that will enhance the Redevelopment Plan. w a I Section 11. PARTICIPATION BY OINERS OF FSAL PROPERTY A. Participation in the Same Location In appropriate circumstances where participation in the same location would foster the unified and integrated developme contemplated by the Redevelopment Plan, an owner may participat in substantially the same location by retaining all or portion: Qf his property and purchasing other property if needed and avz for development in accordance with the Redevelopment Plan. Conflicting desires among participants for particular site or land uses will be kesolved by the conformity of a participat porposal with the intent and .purpose of khe Redevelopment Plan, The final decisions concerning land acquisition by the commission will be based upon the conditions existing at the t: agreements. the commission purchases property or enters into participation B. Participation in a Differenct Location The commission may buy land and improvements at fair narkt 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. Section 111, PARTICIPATION BY TENANTS Pursuant to these rules, nonproperty owners who are tenan. engaged in business or residing in the Project area will be gil opportunities to remian or to obtain reasonable preferences to re-enter within. the redevelopment area if they otherwise meet ' requirements prescribed by the plan. A. Tenant Participation as Owners Tenants will be given reasonable preference to purchase a: develop real property in the Project area prior to offering fo sale to the general public. Property sold to such tenants wil be made available at fair value for the uses designated in the 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 in the Plan. Section IV. PROCEDURE FOR BECOMING A PARTICIPANT A. Procedure for Participation as Business Owner, Residential or Business Tenant Every person interested in becoming a participant as a business owner or tenant must submit to the commission a state indicating such interest. > .e I The commission may disregard Statements of Interest submitted after the end of the thirty (30) day period immediate following the date of the publication of the ordinance of the City Council adopting the Redevelopment Plan. The commission will notify each person who submits a Statement of Interest of the time within which he must submit his proposal for participation. Opportunity will be given to discuss proposals with the commission staff and to make necessary adjustments. The commis will make every effort to meet the desire9 of: eyesy pel;san desiring to participate in the Project. B. Participation Agreements Each owner or tenant who has submitted an acceptable propo for owner.or tenant participation will be required to enter int a participation agreement with the commission. Each agreement Wi.11 contain prQViSiQnS necessary to insure that the participat proposal will be carried out, and that the subject property wil be developed or used in accordance with the conditions, restric tions, rules and regulations of the Redevelopment Plan and agreement. The agreement will specifically mention the following: 1. Parking facil-ities per the requirements of the City of Carlsbad and/or provisions for Public Transit (if any) same manner and degree as they affect a new purchaser/ developer in the project. shall be applicable to the owner/participant in the . 2. The owner/participant will be assessed by a Special Assessment District (if any) in the same proportion or ratio as that of a new developer for the purpose of maintaining common areas, parking areas, and other public project facilities. Each agreement will futhermore require the participant to join in the recordation of such documents as the commission wil require in order to insure such development. The Agreement wil also provide that a successor in interest of the original participant may become a participant with the approval of the Commission. Participation agreements will be effective only if approve by the Members of the Commission. Section IV, AMENDMENT OF OWNER PARTICIPATION RULES The commission may amend these rules at any meeting.held a: their adoption. Any amendments after the filing of statements ( w * .’ shall be made only after notice to the persons who have filed such statements. Such notice shall be by mail posted at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered.