HomeMy WebLinkAboutReso RDA 05-2005RESOLUTION NO. 05-2005
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION ADOPTING RULES GOVERNING OWNER
PARTICIPATION AND BUSINESS RE-ENTRY FOR THE
DOWNTOWN/CENTRAL PROJECT AREA AND PROPOSED
ADDED AREA
WHEREAS, on March 10, 2004, the City Council of the City of South San Francisco ("City
Council") adopted Resolution No. 25-2004 which designated a Survey Area for the purpose of
amending the Downtown/Central Redevelopment Project Area ("Project Area") to add territory to the
Project Area; and
WHEREAS, on April 15, 2004, the Planning Commission of the City of South San Francisco
("Planning Commission") adopted Resolution No. 2633 establishing the boundaries of the area
proposed to be added to the Project Area (the "Added Area"), approving a Preliminary Plan for the
Added Area in accordance with Health and Safety Code Section 33324 and recommending that the
Agency accept the Preliminary Plan; and
WHEREAS, by Resolution No. 06-2004, adopted on May 12, 2004, the Agency approved the
Preliminary Plan and directed staff to prepare amendments to add the Added Area to the
Downtown/Central Project Area and to fiscally merge the Downtown/Central, Gateway, and U.S.
Steel/Shearwater project areas; and
WHEREAS, the Agency subsequently resolved to include the E1 Camino Corridor project area
in the fiscal merger; and
WHEREAS, the Agency is in the process of preparing: (i) an amendment to the
redevelopment plan for the Downtown/Central project area to add the Added Area to the Project Area,
(ii) amendments to the redevelopment plans for the E1 Camino Corridor project area and the
Downtown/Central project area to extend the time period within which the Agency will have authority
to acquire nonresidential property by eminent domain within such project areas, and (iii) amendments
to the redevelopment plans for the Downtown/Central project area, the E1 Camino Corridor project
area, the U.S. Steel/Shearwater project area and the Gateway project area in order to effectuate a fiscal
merger of such project areas; and
WHEREAS, Health and Safety Code Sections 33339 and 33339.5 provide that every
redevelopment plan must provide for participation in redevelopment by the owners of property in the
project area if such owners agree to participate in conformity with the redevelopment plan and must
extend reasonable preferences to persons who are engaged in business in the project area to m-enter in
business within the redeveloped project area if they meet the requirements prescribed by the
redevelopment plan; and
WHEREAS, Health and Safety Code Sections 33339.5 and 33345 provide that within a
reasonable time prior to the approval of a redevelopment plan, redevelopment agencies must adopt and
make available for public inspections rules that implement the foregoing requirements; and
WHEREAS, in connection with the adoption of the redevelopment plan for the
Downtown/Central project area, the Agency adopted rules concerning owner participation and
business re-entry, which the Agency now desires to make applicable to the Added Area upon
adoption of the proposed plan amendment.
NOW, THEREFORE, the Redevelopment Agency of the City of South San Francisco does
hereby resolve as follows:
Section 1. The Agency hereby approves and adopts the Rules Governing Participation and
Preferences by Property Owners and Business Occupants in the Downtown/Central
Redevelopment Project in the form attached hereto as Exhibit A and incorporated herein by
reference ("Owner Participation and Business Re-entry Rules") as amended by this Resolution,
and effective as of the date of this Resolution, the Agency hereby makes such rules applicable to
the Added Area upon adoption of the proposed plan amendment adding the Added Area to the
Downtown/Central project area.
Section 2. Effective upon the date of this Resolution: (i) each reference in the Owner
Participation Rules to "Project Area" shall mean the Downtown/Central redevelopment project
area as such project area has been or may in the future be amended, and (ii) each reference in the
Owner Participation Rules to the "Redevelopment Plan" shall mean the Redevelopment Plan for
the Downtown/Central Redevelopment Project as such plan has been and may in the future be
amended from time to time.
Section 3. The Executive Director of the Agency is hereby authorized and directed to
make the Owner Participation Rules available at the offices of the Agency for inspection by all
interested persons.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Redevelopment Agency of the City of South San Francisco at a regular meeting held on the 9~ day
of March 2005 by the following vote:
AYES:
NOES:
Boardmembers Richard A. Garbarino, Pedro Gonzalez, and Karyl Matsumoto,
Vice Chair Joseph A. Fernekes and Chair Raymond L. Green
None.
ABSTAIN: None.
ABSENT: None
Exhibit A
OWNER PARTICIPATION AND BUSINESS REENTRY RULES
(Attach Downtown/Central Project Area Rules.)
RESOLUTION NO. 2-89
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND ADOPTING RULES
GOVERNING PARTICIPATION AND PREFERENCES BY
PROPERTY OWNERS AND BUSINESS OCCUPANTS IN
THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT
AND AUTHORIZING TRANSMITTAL OF THE RULES
TO THE CITY COUNCIL
WHEREAS, Section 33339.5 of the California Co,unity Redevelopment Law
IHealth and Safety Code Section 33000 et seq.) provides that a redevelopment
agency shall adopt and make available for public inspection rules to implement
the operation of business reentry preferences in connection with a redevelopment
plan; and
WHEREAS, Section 33345 of the Community Redevelopment Law provides that a
redevelopment agency shall adopt and make available for public inspection rules
to implement the operation of owner participation in connection with a
redevelopment plan.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco that:
I. The "Rules Governing Participation and Preferences by Property Owners
and Business Occupants in the Downtown/Central Development Project" are hereby
approved and adopted.
2., The Executive Director is hereby authorized and directed to make
available for public inspection these adopted rules.
3. The Executive Director is hereby ?thorized and di'rected to.transmit
a copy of t~heRules~ together:~f.t~:a~cO~Y]~fl, thtS ~es. olution to.'thelCityCouncil
of the City b'f South San Frahcisco,
I hereby certify that the foregoing Resolution was regularly introduced
~and adopted by the Redevelopment Agency of the City of South San Francisco
at a regular meeting held on the 26th day of April , 1989, by
the following vote:
AYES: Redevelopment Aqency Boardmembers Mark N. Addie~o, Jack Drano,
Richard A. Haffe¥~ Gus Nicolopulos~ and'Chairwoman Roberta Cerri Teglia
NOES: None
ABSTAIN: None
ABSENT: None
L~ATTEST:
· . '/sX Roberta Cerri Teglia
Chairman Redevelopment Agency of the
City of South San Francisco
/s/ Barbara A. Battaya ...
Clerk
Redevelopment Agency of the City
of lSouth San Francisco
C~..NT RAL R£CORI:~
ATTACHMENT TO RESOLUTION NO. 2-89
RULES GOVERNING PARTICIPATION AND PREFERENCES
BY PROPERTY OWNERS AND BUSINESS OCCUPANTS
IN TIIE
DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT
Adopted by:
South San FrancLsco Redevelopment Agency
Da~e:
ResolUtion No:
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TABLE OF CONT .]~_.T__S_
[. [Section 100]
II. [Section 200]
III. [Section 300]
IV. [Section 400]
V. [Section 500]
VI. [Section 600]
PURPOSE AND INTENT ..............................................
DEFINITIONS .............................................................
TYPES OF PARTICIPATION ........................................
PREFERENCES TO OWNERS AND BUSINESS
OCCUPANTS WITHIN PROJECT AREA .........................
CONFORMING PROPERTIES ........................................
PARTICIPATION PROCEDURES ...................................
A. [Section 601] . Notice and Statement of Interest ...................... 5
B. [Section 602] Participation Agreements ................................... 5
1. [Section 603]
2. [Section 604]
General ........................................................ 5
Contents ...................................................... 6
VII. [Section 700] ENFORCEMENT ........................................................... 6
VIII. [Section 800] AMENDMENT OF RULES ............................................. 6
"Statement of Interest in Participating" Form
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RULES GOVERNING PARTICIPATION AND PREFERENCES BY
PROPERTY OWNERS AlqD BUSINESS OCCUPANTS IN TttE
.DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT
[Section 100] PURPOSE AND INTENT
These rules are adopted to implement the provisions of the
Redevelopment Plan for the Downtown/Central Redevelopment Project
regarding participation and the exercise of preferences by property owners,
business occupants and others within the Project. These rules set forth She
procedures governing such preferences and participation.
The California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.) requires the adoption of these rules by the
Agency to permit participation in the redevelopment of the Project Area by
owners of real property and persons engaged in business within the
boundaries of the Project Area to the maximum extent feasible consistent
with the objectives of the Redevelopment Plan.
II.
[Section 200] DEFINITIONS
As used herein, the following definitions apply: ·
(1) "Redevelopment Plan" means the Redevelopment Plan for the
Downtown/Central Redevelopment Project, as adopted, by the City C~uncil of
the City of South San Francisco.
(2) "Project Area" means the project area described in Section
200 of the Redevelopment Plan and shown on Exhibit "A," Redevelopment
Plan Map, attached thereto.
(3) "Agency" means the South San Francisco Redevelopment
Agency.
(4) "Owner" means any person, persons, corporation, association,
partnership, or other entity holding fee title to or a long term lease of real
property in the Project Area for so long as such Owner holds .such title or
long term lease.
(5) "Long Term Lease" means a lease of real property with a
term of twenty (20) years or more, with at least five ($) years remaining on
such term.
(6) "Business Occupant" means any person or persons engaged
in business within the Project Area for so long as such Business Occupant
remains in business within the Project Area.
(7) "Participation Agreement" means an agreement entered into
by an Owner, Other Owner, Business Occupant, or others with the Agency in
accordance with the provisions of the Redevelopment Plan and these ~ules.
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III. [Section 300] TYPES OF PARTICIPATION /)
Participation may involve Owners, Business Occupants and others.
Participation includes remaining in substantially the same location either by
retaining all or portions of the property, or by retaining all or portions of
the property and purchasing adjacent property from the Agency or joining
with another person or entity for the development of the owner's property
and, if appropriate, other property. An Owner who participates in the same
location may be required to rehabilitate or demolish all or part of his/her
existing buildings, or the Agency may acquire the buildings only and then
remove or demolish the buildings. Participation also includes the Agency
buying land and improvements at fair market value from Owners and
offering other parcels for purchase by such Owners, or offering an
opportunity for such Owners to develop property jointly with other persons
or entities.
IV. [Section 400]
PREFERENCES TO OWNERS AND
BUSINESS OCCUPANTS WITWr~I PROJECT AREA
Participation is desired in the rehabilitation and redevelopment of
the Project Area by as many Owners and Business Occupants as practicable.
The Agency shall extend preferences to Owners and Business Occupants to
continue in or, if the Agency acquires the land of a property Owner or the
land on which a Business Occupant is located, to re-enter the Project Area
if any such Owner or Business Occupant meets the' requirements prescribed
in the Redevelopment Plan and in these rules.
Subject to these rules, Owners of real property in the Project
Area shall be extended a reasonable preference to participate in
redevelopment of their properties by rehabilitation, by retention of
improvements, by new development, by retaining all or a portion of their
properties, by acquiring adjacent properties from the Agency, or by
participating with developer(s) in the redevelopment of all or a portion of
their properties or by other suitable means; provided, however, that such
development will be consistent with and will not impair the objectives of the
Redevelopment Plan as determined by the Agency and is otherwise consistent
with the guidelines provided by these rules.
Subject to these rules, Owners within the Project Area who desire
to acquire new property within the Project Area shall be extended a
reasonable preference to acquire and develop substitute properties within
the Project Area at such time as the Agency is able to make available for
private development for such purpose properties within the Project Area;
provided, however, that such development will be .consistent with and will
not impair the objectives of the Redevelopment Plan as determined by the
Agency, and is otherwise consistent with the guidelines provided by these
rules.
Sub~e~t to. these rules, Business Occupants w~thin~the Project Area
who desire to continue or re-enter into business within the Project Area'
shall be 'extended a reasonable preference to relocate into substitute.
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CENTRAL.~~
-similar l~d use to similar land use; and
-conformity with intent and purpose of the Redevelopment Plan
and these rules.
Participation to the extent feasible shall be available for two or
more persons, firms or institutions to join together in partnerships,
corporations, or other joint entities.
[Section 500] CONFORMING PROPERTIES
The Project Area is large and contains many parcels of real
property. Aa a result~ there is a need to simplify the availability of
participation opportunities. Thereforef as an alternative to requiring a
Participation Agreement for each property not to be purchased or subject to
Agency acquisition by eminent domain, the Agency may, in its sole and
absolute discretion, determine that cerLain real properties within the Project
Area presently meet the requirements of the l~edevelopment Plan, and the
Owners of such properties will be permitted to remain as owners of
conforming properties without a Participation Agreement with the Agency,
provided such Owners continue to operate, use, and maintain the real
properties within the requirements of the Redevelopment Plan or of any
design guide approved by the Agency pursuant to the Redevelopment Plan.
A certificate of conformance to this effect may be issued by the Agency and
recorded.
In the event that any of the owners of conforming properties or
their tenants desire to (1) construct any additional improvements or
substantially alter or modify existing structures on any of the real property
described above as conforming, or (2) acquire additional property within the
Project Area, then, in such event, such owners of conforming properties may
be required by the Agency to enter into a Participation Agreement with the
Agency.
Vie
[Section 600] PARTICIPATION PROCEDURES
A. [Section 601] Notice and Statement of Interest
Before entering into any Participation Agreements~ disposition and
development agreements, exclusive negotiation agreements, or taking other
actions which may involve the acquisition of real property in the Project
Area~ the Agency shall first notify Owners and Business Occupants of
property which may be acquired and call upon them to submit Statements of
Interest in Participating in the proposed development or in otherwise
participating in the redevelopment of the Project Area.
The Agency shall deliver to each Owner or Business Occupant of
real property which may be acquired, a form Statement of Interest in
Participating at least forty-five (45) days prior to considering any of the
actions requiring acquisition of real prope~-ty. Those desiring to submit
Statements of Interest in Participating must complete and submit such
Page 4
stptements to the Agency within thirty (30) days of receipt. Suah
sVatements shah include information requested by the Agency and shall be
in the form ~equested by the Agency.
Any Owner or Business Occupant or others may also submit such a
statement at any time before such not/fication.
The Agency shall consider such statements as are submitted on
time and shall seek to develop reasonable participation for those submitting
such statements whether to stay in place, to move to another location~ or to
obtain preferences to re-enter the Project Area. The Agency may in its sole
discretion determine that a participation proposal i~"-'-noi-fedSible or in the
beet interest of the Redevelopment Project or the communityt or is otherwise
limiied by one or more of the criteria set forth in Sect/on 400 hereof. In
such event, the Agency may select a developer from among prospective
participants submitting Statements of Interest in Participating and others
invited to submit proposals.
B. [Section 602] Participation AKreementa.
1. [Section 603] General
Public and private Owners or Business Occupants wishing to
develop or improve their properties within the Project Area may be
required, as a condition to Agency approval of such development, to enter
into a binding, written Participation Agreement with the Agency /f the
Agency determines it is necessary to impose upon such property any of the
standards, restrictions and controls of the Redevelopment Plan or of any
design guide adopted by the Agency pursuant to the Redevelopment Plan.
2. [Sect/on 604] Contents
A Participation Agreement shall obligate the Owner his/her heirs~
and successors and ass/gns~ and/or a Business Occupant. or others to
acquire, rehabilitate~ develop and use the property as may be applicable in
conformance w/th the Redevelopment Plan and/or to be subject to such other
provisions and conditions of the Redevelopment Plan for the period of time
· that the Redevelopment Plan is in force and effect~ excepting those
provisions related to non-discrimination and non-segregation which shall run
in perpetuity.
Each Participation Agreement will require the participant to join in
the recordation of such documents as the Agency may require in order to
insure the property will be acquired~ rehabilitated~ developed and used in
accord with the Redevelopment Plan and the agreement. Participation
Agreements will be effective only if approved by a majority vote of the
members of the Agency.
[Section 700] ENFORCEMENT
In the event a property is not acquired~ developed, rehabilitated,
or used in conformance w/th the Redevelopment Plant with an Agency
Page 5
determination of conformance, or a Participation Agreement, then the Agency
is authorized to (1) purchase the property, (2) purchase any interest in the
property sufficient to obtain conformance, or (3) take any other appropriate
action sufficient to obtain such conformance. The Agency shall not acquire
real property retained or developed under an approved Participation
Agreement ff the participant fully performs under the agreement.
VIII.
[Section 800] AMENDMENT OF RULES
The Agency may amend these rules at any regular meeting or duly
called special meeting held after their adoption, but only after notice to the
Agency members and the public. The text of the proposed change shall be
furnished along with the notice of the meeting. Such notice shall be
delivered at least fourteen (14) days before the date of the meeting at
which the proposed amendment will be considered. The method of notice is
at the discretion of the Agency.
No such amendment shall retroactively impair the rights of any
parties who have executed Participation Agreements with the Agency in
· reliance upon these rules as presently constituted.
Page 6
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO
.S.T_ATEMENT OF INTEREST IN PARTICIPATING
I hereby express my interest in participating in the
Redevelopment Project and submit the following information:
1. Name: Daytime
Telephone:
Downtown/Central
2. Home Address:
3. Name of Business:
4. Address of Business:
5. My present involvement in the Project Area is: (check a or b)
a) I now own property in the Project:
b) I now lease property in the Project:
: ExpLain: (use additional sheets if necessary,)
I am interested in participating: (check one)
As a Property Owner As a Tenant
If I participate: (check a, b or c)
a) I would like to continue at the same location
b) I would like to change my present location
c) I would like to acquire real property for expansion (indicate approximate
requirements; use additional sheets if necessary),
REMARKS: (use additional sheets if necessary).
I understand that submission of this Statement of Interest in Participating form
does D._ot obligate me to participate in the Downtown/Central Redevelopment Project,
Signed ................. Date
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