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HomeMy WebLinkAbout1979-12-18; City Council; 6100; Report on Owner Participation Rules for Village Area Redevelopment ProjectQ CITY OF CARLSBAD m AGENDA BILL NO. bdQ0 DATE : DEPARTMENT: Housing 6E Redevelopment December 18, 1979 I S"BJECT: REPORT O?d OIdIER PARTICIPATIOX RULES FOR THE VILLAGE AREA XDEVELOPi'CENT PROJECT STATEMENT OF THE MATTER The Community Redevelopment $aw requires that the flgency adopt rules providing for participation by owners and tenants prior to adoption of a redevelopent plan. The Redevelopment staff has formulated a set of proposed rules and subjected then to Village Redevelopment'-Project Area Comnittee review ( see 3-edevelopr;lent Coordinator 's memo, Exhibit I ). The proposed rules a'ffoxd existing owners and tenants the opport to participate in the redevelopment of the Village area subject the content of the plan for the area. The rules are forwarded a this time to ensure that Council has sufficient time to review t prior to Agency consideration in January. -.. - ATTACHED : Report fron Redevelopment Coordinator dated October 26, 1979. RE COBENDAT I ON Accept report. Council Action: 12-18-79 Council accepted the report. e 0 MEMORANDUM DATE : October 26, 1979 TO : City Manager FROM: Redevelopment Coordinato SUBJECT: OWNER PARTICIPATION RULES - VILLAGE REDEVELOPMENT The Community Redevelopment Law requires that rules governing participation and preference for owners and tenants be made available prior to adoption of a redevelopment plan. Staff has prepared a set of proposed guidelines and presented them for review by the Village Redevelopment Project Area Committee. The Committee's action on the proposed rules is noted later in this memo. The proposed rules set forth the conditions under which owners and/or tenants will be afforded the opportunity to participate in the redevelopment of the Village Area. rules clearly indicate a desire to have as much tenant and owner participation as possible, given the desire to attain the goals and objectives of the Redevelopment Plan. Owners and tenants, thzough these rules, are afforded the opportunity to participate by presenting proposals for Agency consideration. In addition, tenants are specifically given the opportunity to remain in or re-enter the project area so long as they meet the provisions of the redevelopment plan. This is an important factor to consider in the event that private or public actions necessitate relocation to an area outside of the project area. If this were to occur the rules grant preference to former tenants' efforts to re-enter the project area. In addition, if the Agency acquires property, tenants will be given preference to purchase and develop the property prior to its being offered to the general public, The In order to take advantage of these opportunities, potential participants are required to submit a statement indicating such interest. The Agency is afforded the opportunity to reject statements filed after the end of a thirty day period immediately following publication of the ordinance adopting the redevelopment plan. The participation agreement resulting from the submission of an acceptable proposal will contain provisions ensuring that thc proposal will, in fact, be carried out under the terms and conditions of the plan and agreement. e 0 The Village Redevelopment Project Area Committee has reviewed these rules and recommends approval given the following changes (see attachment 1 - minutes). A. Section 2B - Strike "In some instances", change word "will" to "may". B. Replace "reasonable" with ''at the discretion The proposed rules reflect the change, (A) above. However, staff does not recommend that the change cited in to ensure that potential participants recognize that they will receive "reasonable" preference to participate. Reason- able, in this context, should be used to emphasize that there may be instances where a proposal, although in conformity with the plan, would be found not "reasonable" by virtue of impact upon previously approved, or pending development proposals. In addition, "reasonable" has a certain standing in the legal arena which connotes a sort "equivalent mutual benefit" not necessarily present in the standing of the word discretion. Recommendation It is recommended that the Owner Participation Rules as shown in attachment 2 be forwarded to Councilfor information a its meeting of December 18, 1979. of the Agency" in miscellaneous places throughout. (B) above, be incorporated, This is due to a desire at the staff level JH:ms .2 .. 0 ; . I MIESUTES e 0: ' OF e .VILLAGE PROJECT AEA COMMITTEE . MEETING . .* .. DATE: June 19, 1979 .* TIME:. . 7130 A.M. PLACE : ROLL: (PI' Present (A) Absent Council Conference Room, 1200 Elm Avenue, CaKlsbad, Calif0 -- D A CHANDLER P HAYES p RUN20 . p -_ CHRISS o P COCHRAN A RUHNAU .* - -. P NIELSE3N .. - - . --. - - - - . . - . - . - - - - --.a ~ ._ - - -- --_ MINUTES . june 5, 1979 Minutes approved as presented. - . Motion - Cochran, Second - Runzo, 3-1-0 (Chriss) OWNER PARTICIPATION RULES Staff introduced this item by relating'it to the recently r'eGiewed redevelo.pment plan and identified the fules as the framework for par cipation in the project by owners and tenants. Chairperson Chriss and Member Hayes inquired as to whether or not mo coming would be those previously identified in the plan, "design man "procedures manua'l" , and owner "participation rules". . Member Hayes noted subjectiveness of word "reasonable." Staff noted that "reasonable" was a determination to be made by the Agency. $ukthar noted that "reasonable" was also used.to clearly indicate th arbitrary and capricious decisions would not be made. Staff. advised the committee that any changes they desired at this ti would be made, hut final wording would have to clear Agency counsel. Member Cochran inquired as'to the "legal Status'' of the draft docume Staff responded that the document as presented had been cleared for in three other plans. . Member Nielsen inquired as to the wording of section 3A and the Agen ability to disregard statements of interest &nd.how statements of in . . .. .. ''new" items would be forth coming. Staff mted that the only items It dould be filed. .. . L )' Minutes Of Villa !B Project Area Committee 0 June 19, 1979 Page Two Staff indicated that notification would be made either or a community-wide or individual property owner basis. Member Hayes requested that statement form included as part 01 owner participation rules. Chairperson Chriss inquired as to how notification would be un taken. Member Hayes - Section 2, part B - "In some instances" should removed - and restated "Agency may", staff indicated that it would make the change. \ Member Hayes noted that there is a need" for pedestrian access while sidewalks or other public improvements are being undertE Staff noted that it would do all that it could to ensure acces during construction given cost, timing, agency consideration. Motion - It was moved by Member Nielsen and seconded by Chair- person Chriss. that the Owner Participation rules be recommended for approval noting the following changes Section 2B - Strike "In some instances", change word Replace "reasonable" with "at the discretion of the agency" in miscellaneous places throughout. The motion unanimously carried, Staff responded that it would be via U. S, mail and me c to ''may"o DESIGN MANUAL Staff gave a general introduction and noted that references to "Improvement" will be changed to "design". Chairperson Chriss suggested that members each take a section the manual to review. It was further requested that an index prepared as a starting point. Member Cochran moved that an index by prepared, seconded by Member Hayes, carried by a vote of 5-0. Member Runzo questioned use of pictures on cover and interior pictures. Indicated people she had spoken with were afraid an( wanted more relationship to existing conditions. Discussion ensued as to the benefit of allowing continuation o incompatible usage. No motion. Member Hayes requested that binders be provided for the commit members' use. Staff indicated that they would look into the possibility and report back. c - 0 CARLSBAD ' .e REDEVELOPMENT AGENCY RULES GOVERNING 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 regarding participation and the exercise of preferences by owne: operators of busknesses, and tenants in the Project. These rulf set forth the procedures governing such preferences and partici] . L. The Carlsbad Redevelopment Agency ( "Agency".) des ires par ticipa t. . in development of the project area by as many owners and tenant, . as possible. In view of the pattern of land assembly and integ. ' . development envisioned by the Redevelopment Plan, persons "and f doing business in the Project area will be encouraged to take advantage of their participation and preference opportunities, . Specific attention will be focused upon the participation of ow of buildings that have historical and architectural merit and w are structurally sound and can be renovated feasibly in accorda with the Plan, Participation opportunities are necessarily skbject to and limi by factors such as the following: 1. The elhination and/or modification of some land uses. 2. .The realignment and abandonment of some streets. . 3, The ability of participants to finance the proposed i development. f-3 - :/ $$ i (9J 5 ; ? "(A 6 [I [; 3; e e 4. The reduction of the total number of individual parc in the project area. 5. Change in orientation and character of the area. 6. The building has historical and/or architectural qualities that will enhance the Redevelopment Plan. Section 11. PARTICIPZTION BY OWNERS OF REAL PROPERTY A. Participation in the Same Location In appropriate circumstances where participation in the same location would foster the unified and intearated developml contemplated by the Redevelopment Plan, an owner may participa in substantially the same location by retaining all or portion his property and purchasing other property if needed and avail; for development in accordance with the Redevelopment Plan. Conflicting desires among participants for particular sitc or land uses will be resolved by the conformity of a participal proposal with the intent and purpose of the Redevelopment Plan, The final decisions concerning land acquisition by the Agc will be based upon the conditions existing at the time the Ager purchases property or enters into participation agreements. B. Participation in a Different Location The Agency may 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 Redevelo Plan. * 0 e SECTION 111. PARTICIPATION BY TENANTS Pursuant to these rules, nonproperty owners who are tenants engaged in business or residing in the Project area will be qi opportunities to remain or to obtain reasonable preferences to reenter within the redevelopment area if they otherwise meet t 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 made available at fair value for the uses designated in the pll B. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the Redevelopment I area as tenants will receive reasonable preferences to locate . Project area in accordance with the prescribed uses in the Plai 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 bus. owner or tenant must submit to the Agency a statement indicati~ such interest. The Agency may disregard Statements of Interest submitted z the end of the thirty (30) day period immediately following thc date of the publication of the ordinance of the City Council a( the Redevelopment Plan. The Agency will notify each person who submits a Statement Interest of the time within which he must submit his proposal j participation. \ w @ - ,y+ ... Opportunity will be given to discuss proposals with the Agen staff and to make necessary adjustments. The Agency will make e effort to meet the desires of every person desiring to participa the Project- B. Participation Agreement Each owner or tenant who has submitted 4 an acceptable proposz owner or tenant: participation will be required to enter into a E cipation agreement with the Agency- Each agreement will contah provisions necessary to insure that the participation proposal. t be carried out, and that the subject property will be developed used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. .. The agreement will specifically mention the following: 1. Parking facilities per the requirements of the City of Carlsbad and/or provisions for Public Transit (ij any) shall be applicable to the owner/participant in the same manner and degree as they affect a new purchaser/ developer in the project. \. ’ * 2- The ownerlparticipant will be assessed by a Special * Assessment District (if any) in the same proportion 01 ratio as that of a new developer for the purpose of maintaining common areas, parking areas, and other public project facilites. Each agreement will furthermore require the’participant tc join in the recordation of such documents as the Agency will require in order to insure such development. The Agreement wi: also provide that a successor in interest of the original part may become a’participant with the approval of the Agency, - \ e. Participation eements will be ef f ectiv? nly if approve1 1) -(P r2 w . *- d by the Members of the Agency, i. Section V. AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these rules at any meeting held after thei adoption. Any amendments after the filing of statements of int shall be made only after notice to the persons who have filed E statements. Such notice shall be by mail, posted' at least fourt (14) days before the date of the meeting'at which the proposed amendment will he considered. , .. -. - .. // - -/ r/ I / = I &: -4- i T c 3-dy 7- V DATE : December 4, 1979 TO: Wayne Dernetz, City Manager Jack Henthorn, Housing 6 Redevelopment Director h FROM; SUBJ; REDEVELOPMENT PLAN DISTRIBUTION AND ADOPTION TIME TABLE The Village Area Redevelopment Project, Environmental Impact Report (EIR #567) was erroniously listed on the Council agenda for its meeting of December 4, 1979. Staff is recommending that this item be removed from the agenda and renoticed for consideration at the time of the Public Hearing on the Redevelopment Plan. Consideration at that time ensures that the plan and any changes occurring as a result of the hearing process are reflected in the certified E.I.R. In addition, a significant cost savings will result from use of a single mailing. The month of December will be used to assemble the massive mailing list required by law and to finalize and distribute hearing materials. Council at its first meeting in January. Redevelopment law requires that the hearing notice be published once a week for four successive weeks prior to the hearing. Given current scheduling we anticipate that the hearing will be held on February 19, 1980. Under the current schedule, final copies would be made available as soon as printing was completed (mid December). However, as a result of Council expressed interest, I have prepared five Xerox copies for advance distribution in the attached packet. Although the quality is somewhat below that anticipated for the printed copies it should be sufficient to enable Council to begin review in preparation for up-coming hearing activity. A Public Hearing date will be set by In addition to the plan, this packet also contains the Master Environmental Impact Report and the Preliminary Redevelopment Plan. All of these documents (Preliminary Plan, Redevelopment Plan, M.E.I.R.) have been reviewed and - I (b e acted upon favorably by the Project Area Committee and the Planniq C~arnissisn~ In addition, the Plan has been subjected to a community meeting wherein approximately 50 people offered comments in support of the plan and redevelopment of the Village Area in general. Processing is currently proceeding under the following schedule o December 18, 1979, Adoption of Owner Participation Rules January 15- Set Public Hearing for February 19, 1980 Mailing to Property Owners January 19- 1st Publication of Notice January 26- 2nd Publication of Notice February 2- 3rd Publication of Notice February 9- 4th Publication of Notice February 19th - Public Hearing on Plan-EIR Although not specifically noted, it is anticipated that at least one workshop session would be scheduled in January. The Project Area Committee is currently reviewing a proposed Design Manual which is anticipated to be used in evaluating development proposals. The Committee may complete its review tomorrow night (12-5-79). If this occurs, every attempt will be made to ensure that the manual is considered concurrently with the plan, RECOMMENDATION The attached packets should be distributed to Council at its meeting of December 4, 1979, 2