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HomeMy WebLinkAboutRDA Reso 1976-0037 RESOLUTION NO. 37 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCE BY OWNERS AND TENANTS IN THE THIRD AVENUE REDEVELOPMENT PROJECT The Chula Vista Redevelopment Agency does hereby resolve as follows: WHEREAS, the Community Redevelopment Law requires that rules governing owner participation be adopted and made available for public inspection "within a reasonable time" prior to the approval of a Redevelopment Plan, and WHEREAS, because a Redevelopment Plan for the Third Avenue Redevelopment Project is in the process of being prepared, it is necessary at this time to adopt the rules, attached hereto and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Agency does hereby adopt the attached rules entitled "Rules Governing Participation and Preferences by Owners and Tenants in the Third Avenue Redevelopment Project". Approved as to form by ,V/ ~ '7 /V~r YL./, '-! ~v'- , George D. tlndberg, City Attorney ADOPTED AGENCY, this 5th ing vote, to-wit: AND APPROVED by the CHULA VISTA REDEVELOPMENT day of February , 1976, by the follow- AYES: Member Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Member None ABSENT: Member None r. ~4M'4'~.;t~-t<ci!t,~;S)', .,i, . .. " V~". $ . / ,. Chairman of the Redevelopment ATTE.. ST~K JZ )/ u ' '2 -...-::::. (,t~d7 /": ~. City C erk .)' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA) Agency I, , Vista Redevelopmen~ Agehcy, DO HEREBY CERTIFY full, true and correct copy of Resolution No. same has not been amended or repealed. DATED Secretary of the Chula that the above is a , and that the Secretary r .... CITY 01' CHULA VISTA - REDEVELOP~lENT AGENCY '. RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS AND TENANTS IN TIlE THIRD AVENUE REDEVELOPI>IENT PROJECT Section I. GENERAL These rules are promulgated to implement the provlslons of the Redevelopment Plan for the Third Avenue Redevelopment Project re- garding participation and the exercise of preferences by owners, operators of businesses, and tenants in the Project Area. These rules set forth the procedures governing such preferences and participation. ~ ~he Redevelopment Agency of the City of Chula Vista ('Agency'), desires participation in development of the Project Area by as many owners and tenants as possible. In view of the pattern of land assembly and integrated development envisioned by the Rede- velopment Plan, persons and firms doing business in the Project Area will be encouraged to take advantage of their participation ~nd prcference OppoTtu~itics. Specific attentic~ will be fOCllscd upon the participation of owners of buildings that have historical and architectural merit and which are structurally sound and can be renovated feasibly in accordance with the Pl~n. Participation opportuni~ies are necessarily subject to and limited by factors such as the following: I, The ellmination and/or modification of some land uses. 2. The realignment and abandonment of some streets. 3. The ability of participants to finance the proposed developmep.t, 4. The reduction of the total number of individual parcels in the Project Area. 5. Change in orientation and character of the area. 6, Buildings that have historical and/or architectural qualities that will enhance the Redevelopment Plan. , ,i<i /24 - 3 7 r', ~ Section II. PARTICIPATION BY 01mERS OF REAL PROPERTY A. Participation in the"Same Location In appropriate circumstances where such would foster the unified and integrated development contemplated by the Redevelop- ment 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. Conflicting desires am6ng participants for particular sites or land uses will be resolved by "the conformity of a participation proposal with the intent and purpose of the Redevelopment Plan. The final decisions concerning land acquisition by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into participation agreements. r 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 market value for the uses de"signated in the Redevelopment Plan. Section III. PARTICIPATION BY TENANTS Pursuant to these rules, nonproperty owners who are tenants engaged in business or "residing in the Project Area wi Ii be given opportun- ities to remain or to obtain reasonable preferences to reenter within the redevelopment area if they otherwise meet the require- ments prescribed by the Plan. A. Tenant Participation as Owners Tenants will be given reasonable preference to purchase and develop rea~ property in the Project Area prior to offering for \ sale to the general public. Property sold to such tenants will ~ be made available at fair market value for the uses designated in the Plan. ,/Vl-- ? 7 " \ I r f . B. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the Redevelopment Project Area as tenants will receive reasonable preferences to locate in the Project Area in accordance with the prescribed uses of the Plan. Section IV. PROCEDURE FOR BECOMING A PARTICIPANT A. Procedure for Participati6n as Business Owner, Residential Owner or Buslness Tenant Every person interested in becoming a participant as a business owner or tenant must submit to the Agency a statement indicating such interest. A form for this purpose may be ob!ained from the Agency on request. The Agency may disregard 'Statements of Interest' submitted after the end of the thirty (30) day period immediately followin~ the date of the publication of the ordinance of the City Council adopting the Redevelopment Plan. The Agency 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 Agency staff and to make necessary adjustments. The Agency will make every effort to meet the desires of every person desiring to participate in the Project. B. Participation Agreement Each owner or tenant who has submitted an acceptable proposal for owner or tenant participation will be required to enter into a participation agreement with the Agency. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that s.ubject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. Yl-37 F I {' t , ". * The agreement will specifically mention the following: 1. Parking focilities pcr the requircments of the City of Chula Vista and/or provisions for public tronsit (if any) shall be opplicable to the o~ner/participant in the same manncr and degree as they offect a new pur- chaser/developer in the Project Arco. 2. The owncr/participant will be assessed by n Speciol Assessment District (if any) iri the same proportion or ratio os thot of a new developer for thc purpose of maintaining common arcas, parking areas, and other public project facilities. Each agreement will furthermore require the participant to join .in the recordation of such documents as the Agency will require in order to insure such development. The agreement will also provide that a successor in interest of the original participant may become a participant with the approval of the Agency. ~ j Participation agreements will be effective only if approved by the Melnbers of the Agency. . Section V. AMENDMENT OF OWNER PARTICIPATION RULES .The Agency may amend these Rules at 'any meeting held after thei r adoption. Any amendments after the filing of statements of intent shall be made only after notice to the persons who have filed such statements, Such notice shall be by moil posted at leost fourteen (14) doys before the date of the meeting at which {he proposed amendment will be considered. . ~ ~' 'f~37 .