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HomeMy WebLinkAboutReso RDA 5-1999 RESOLUTION NO. 5-99 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION ACCEPTING THE AMENDED PRELIMINARY PLAN FOR THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT AREA AND DIRECTING STAFF TO PREPARE AN EIR AND THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE EL CAMINO CORRIDOR WHEREAS, on October 24, 1998 the City Council adopted Resolution No. 137-98 designating a survey area for the purpose of amending the E1 Camino Corridor Redevelopment Project area; WHEREAS, on January 27, 1999 the City Council amended the survey area by including additional territory between the Hetch Hetchy right-of-way and Commercial Avenue; WHEREAS, the Planning Commission on February 4, 1999 adopted Resolution No. 2536 which established the boundaries for the area proposed to be added to the E1 Camino Corridor Redevelopment Project area; WHEREAS, on February 4, 1999 the Planning Commission readopted the preliminary plan for the amended area for the E1 Camino Corridor Redevelopment Plan. NOW, THEREFORE, the Redevelopment Agency of South San Francisco does hereby resolve as follows: 1. The Agency hereby receives the preliminary plan for the Second Amendment to the E1 Camino Corridor Redevelopment Project; 2. The Agency directs staff to prepare a Second Amendment to the Redevelopment Plan for the E1 Camino Corridor and to prepare an Environmental Impact report to be considered as part of the approval process for the Second Amendment; 3. The Agency establishes Fiscal Year 1998-1999 as the year of the last equalized assessment role proposed to be used for allocation of taxes for the First Amendment area and establishes Fiscal Year 1999-2000 as the base year for the area added pursuant to the Second Amendment to the Redevelopment Plan. 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 10th day of lqarch ,1999 by the following vote: AYES: Boardmembers Joseph A. Fernekes, Eugene R. Hullin, Karyl Matsumot, and Chairman James L. Datzman. NOES: None ABSTAIN: Boardmember John R. Penna ABSENT: None (/ City Clerk C:hMy DocumentsLRESO\elcaminol .res.doc 2 AMENDED OWNER PARTICIPATION AND BUSINESS REENTRY RULES El Camino Corridor Redevelopment Project Area CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY March 1999 1.0 PURPOSE AND INTENT The El Camino Corridor Redevelopment Plan was adopted by the City Council of the City of South San Francisco in 1993. It was first amended in 1994 to bring Project time limits into compliance with the requi.rements of AB 1290 (Chapter 942, 1993 Statutes). A proposed second amendment to the Plan will expand the Project Area to include additional properties. The California Community Redevelopment Law (Health and Safety Code Section 33000 et seq. ) requires the Agency to adopt rules to guide property owners' involvement in the Project Area's redevelopment and to extend preference to businesses wishing to reestablish within the redeveloped Project Area. It is the Agency's intent to offer existing property owners maximum opportunity to participate in the redevelopment of property within the expanded Project Area, consistent with the objectives and requirements of the Redevelopment Plan. It is also the Agency's intent to provide businesses that have been displaced from property in the Project Area with a reasonable preference in reestablishing within the redeveloped area. These amended rules for owner participation and business reentry will apply to the expanded Project Area described in the Amended and Restated Redevelopment Plan. These rules are adopted to implement the provisions in the Plan providing participation opportunities to persons owning property within the Project Area and extending preferences to businesses wishing to reestablish within the redeveloped Project Area. The Amended Rules supersede any previously applicable participation rules. 2.0 DEFINITIONS "Agency" means the South San Francisco Redevelopment Agency. "Business" means any person, persons, corporation, association, partnership or other entity actively engaged in business within the Project Area as of the date of City Council's adoption of the Amended and Restated Redevelopment Plan. "City" means the City of South San Francisco, California. "City Council" means the City Council of the City of South San Francisco. "County" means the County of San Mateo, California. "Executive Director" means the Executive Director of the Agency, or his or her designee. "Owner" means any person, persons, corporation, association, partnership, or other entity holding fee title, or a lease with a term of twenw (20) years or more with at least five (5) years remaining, on real property in the Project Area as of the date of City Council's adoption of the Amended and Restated Redevelopment Plan. "Rules" means these Amended Owner Participation and Business Reentry Rules. "Participation Agreement" means an agreement entered into between the Agency and an Owner in accordance with the provisions of the Redevelopment Plan and the Rules. "Redevelopment Plan" means the Amended and Restated Redevelopment Plan for the El Camino Corridor Redevelopment Project as adopted by the City Council. "Statement of Interest" means Exhibit "A" hereto, which is incorporated herein by reference. 3.0 OWNER PARTICIPATION Before the Agency enters into any agreements that will obligate it to acquire real property within the Project Area, it shall provide advance notice to Owner(s) of such property. If the Owner wishes to retain (or retain and expand) the property, the Owner must submit a redevelopment or rehabilitation proposal for the property that conforms to the requirements of the Redevelopment Plan. The Owner's proposal will be considered together with proposals from other potential developers. If the Agen~ approves the Owner's proposal, it will enter into a Participation Agreement with the Owner, obligating the Owner to implement the proposal within a specified time period. This process is described in greater detail in the following sections. Participation opportunities will necessarily be limited by: * The elimination and/or changing of land uses in the Project Area. * The construction, realignment, abandonment, widening, opening and/or other alteration or elimination of public rights-of-way. * The removal, relocation, and/or installation of public utilities. * The construction or expansion of public improvements and facilities, and the related need to assemble parcels. * The need to assemble parcels for private development projects. * Specific requirements of the Redevelopment Plan and applicable rules, regulations, and ordinances of the City of South San Francisco. * Any Design Guide adopted by the Agency. 3.1 Proposal Submittal and Review. Before the Agency enters into any agreement that will obligate it to acquire real property in the Proiect Area, the Agency shall give the Owner(s) written notice that it is pursuing redevelopment or rehabilitation of the property. If the Agency advertises a Request for Proposals, it shall send a copy of the RFP to the Owner(s) of affected property. The notice or RFP will be accompanied by a copy of these Rules. Owners will be given thirty (30) calendar days to respond, indicating by a "Statement of Interest" whether they are interested in submitting a proposal to retain and redevelop the property. Statements of Interest must be in writing in the form of Exhibit A. The Agency shall, within ten (10) calendar days after receipt of a Statement of Interest, acknowledge receipt with a confirming letter to the Owner. Such written acknowledgment shall not obligate the Agency to reach agreement with the Owner or to reject other proposals. Within ninety (90) calendar days of the deadline for submitting the Statement of Interest, the Owner must submit a detailed proposal for redevelopment or rehabilitation of the property. An Owner who fails to submit the required proposal within the timeline provided herein forfeits participation rights in the project. The Agency's staff will provide assistance and answer questions to the same extent as for other potential developers; provided that the Owner, and not the Agency staff, shall be responsible for the content of any proposal. The Agency will make reasonable efforts to accommodate the interest of Owners desiring to participate in the project. The Agency will use the following procedure in evaluating Owner proposals: * Upon receipt of Owner's proposal, the Executive Director or his or her designee shall conduct an initial evaluation. Each party making a submittal is responsible for the completeness and accuracy of its submittal. The submittal shall include (if applicable) a construction pro forma, an operating pro forma, a business plan, building architectural elevations, and a site plan. __ * If the Agency notifies the Owner that the submittal is incomplete or that additional information is required, the Owner shall be allowed fourteen (14) calendar days to provide the necessary information. The failure to 4 provide such additional information will terminate further consideration of any such submittal. * ' Upon receipt of one or more proposals, the Agency will evaluate each submittal with respect to the criteria set forth in Section 3.2 herein. * If the Agency determines that the Owner's proposal conforms to established criteria, the proposal and staff recommendations will be forwarded to the Agency's governing board for review. The Owner may be requested to make a verbal presentation to the board. * If the Agency's governing board approves Owner's proposal, the Agency will negotiate a Participation Agreement with the Owner, as described in Section 3.3 herein. * After the Owner executes a Participation Agreement, he or she must initiate project review with the City. All proposals approved by the Agency are subject to the City's standard project review and permitting procedures. The Executive Director or a staff member may meet with the Owner to discuss the proposal prior to the Agency conducting its evaluation. The Executive Director shall recommend acceptance or rejection of the proposal within forty-five (45) calendar days after the Agency's receipt of the proposal. This 45-day period shall be subject to reasonable extension upon the mutual agreement of the Executive Director and the party making the submittal. An Owner may appeal the Agency's initial evaluation and rejection of its proposal by making a written request for appeal, within ten (10) calendar days after the Agency provides notice of the rejection. Such appeal will be heard by the Agency's governing board, whose decision regarding Owner's proposal will be considered final. 3.2 Criteria for Evaluating Owner Participation Proposals. The Agency will evaluate proposals from Owners using criteria that are used in evaluating proposals from other potential developers. The Agency may, based on its evaluation and other information available to it, and in its sole discretion, decline any offer of Owner participation; reject any and all proposals; resolve conflicting proposals between Owners; and resolve conflicting proposals between Owners and other potential developers. The Agency will evaluate proposals based on the following: 1. Conformity of the proposal to the City's General Plan, the Redevelopment Plan, and other applicable enactments; " 2. The degree to which the proposal furthers the objectives of the Redevelopment Plan, including removal of blighting conditiofis within the Project Area, the upgrading of existing uses and aesthetic improvements; 3. The increase and/or improvement in employment opportunities and economic benefits the Agency can reasonably expect to result from project construction; 4. Estimated cost of any Agency involvement, including the provision of City or Agency services that will be needed if the proposal is accepted; 5. Long-term economic benefits to the Agency, the City and the community, as determined by a cost/benefit analysis, if the proposal is approved and the proposed development implemented; 6. The development team's qualifications, including: * Ability to implement the proposed project within the required time period. * Financial capability. * Previous experience with similar projects and site control. * Willingness to abide by Agency design standards and development controls. * Readiness to proceed. 7. Completeness of the proposal, including land uses, site control, financing proposal, densities, tenants and, if applicable, manufacturer or franchise approval; 8. The likelihood of successful implementation; 9. Time schedule for completion of the proposed project; 10. Involvement and/or consent of other Project Area tenants or owners; 11. Environmental benefits (or lesser degree of detrimental impact); and 12. Quality of design, project concept and architectural design features. If the Owner enters into a partnership or joint venture, the participation proposal must identify all members and must designate an individual who will be authorized to negotiate with the Agency. 3.3 Participation Aereements. An Owner whose participation proposal is accepted by the Agency shall enter into a Participation Agreement with the Agency. The Agreement will contain provisions to ensure that the approved proposal will be fully implemented and that the subject property will be developed and/or rehabilitated in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan. Participation Agreements become effective only when approved by the Agency's governing board. Each Participation Agreement will obligate the Owner to record such documents as the Agency may require in order to ensure conformance with applicable laws, conditions, restrictions, rules and regulations. The Participation Agreement will also provide that a successor-in-interest of the original Owner may become a participant with the written approval of the Agency. A Participation Agreement will generally provide that if the Owner does not comply with the terms of the Agreement, the Agency may terminate the Agreement and acquire the property. The Agency may thereafter dispose of the property in accordance with the Redevelopment Plan. The Agency will not acquire real property to be retained by an Owner pursuant to a Participation Agreement if the Owner fully performs under the Agreement. 4.0 BUSINESS REENTRY PREFERENCE The Agency is required to offer a reasonable preference to Businesses that wish to reestablish themselves in the Project Area after redevelopment of property has been completed. This preference will be offered only to those persons or entities that were actively engaged in business in the Project Area when the Redevelopment Plan was adopted. In order to be eligible for a reentry preference, a Business must file a Statement of Interest with the Agency, identifying the redeveloped property where the Business is interested in reestablishing itself. The Statement must be in the form provided in Exhibit A hereto. The Business is encouraged to carefully evaluate potential properties before submitting a Statement of Interest to the Agency. Upon receipt of the Statement of Interest, the Agency will evaluate the Business to determine whether the property in which the Business has expressed interest would be a 7 suitable location for the Business to reestablish itself in 'the Project Area. The evaluation will consider, among other factors, the plans for the redeveloped property, the activities associated with the Business, the size of the Business and its parking requirements, its compatibility with surrounding uses, its ability to ict as a catalyst for other desired development, etc. The Agency may request additional information from the Business as needed to conduct the evaluation. If the Agency determ~'~es that the property would be a suitable location for the Business, it will provide the Business with information regarding the property and the name of the person whom the Business should contact for lease discussions. In addition, the Agency will send the Business name and other relevant information to the owner/manager of the redeveloped property, identifying the Business as eligible for reentry preference. If the property is one that is being managed by the Agency, the Business will be given a reasonable preference in securing a location on the property. The Agency will have no further obligation to assist the Business in negotiating a lease or securing a particular location for reentry into the Project Area. The owner/manager of the redeveloped property may require the Business to meet its standard financial criteria for locating on the property. The Agency may determine, in its sole discretion, that the property, in which the Business has expressed interest would not be a suitable location for the Business to reestablish itself in the Project Area. If so, the Agency will provide the Business with prompt written notice of its decision. The Agency's decision not to provide a preference will not limit in any way the Business~ right to contact the property owner/manager and pursue negotiations independently. 5.0 PROCEDURE FOR AMENDING PARTICIPATION RULES The Agency may amend these rules at any regular or duly called special meeting, provided that the following has been complied with: Amendments to the Rules will be made available for review at the Office of the City Clerk a minimum of seventy-two (72) hours prior to the date of adoption of the amendment(s) to the Participation Rules; and Notice has been given by certified mail at least thirty (30) calendar days before the date of adoption to all parties who have, within the ninety (90) calendar days preceding the meeting at which the amendment of these Rules is to be considered, received from the Agency the written notice provided by Section 3.1 of these Rules. No amendment to these Rules shall apply retroactively to impair the rights or 8 obligations of any person who has previously executed a Participation Agreement with the Agency. J;\WPD\MN RSW\405 \01XAGREEkJAN99\OWNER. DOC EXHIBIT A SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY EL CAMINO CORRIDOR REDEVEI~OPMENT PLAN STATEMENT OF INTEREST Please tell us how we can contact you: 1. Name .... Telephone 2. Mailing Address .... Owners of real property who have received notice that the Agency is pursuing redevelopment of their property and who are interested in retainin~ and redevelooing the pronerW themselves should complete the section entitled: OWNER PARTICIPATION. Owners of businesses who would like to be considered for a reentry preference to reestablish the business on a redeveloDed r>rooertv within the Proiect Area should complete the section entitled: BUSINESS REENTRY. OWNER PARTICIPATION I hold fee title or a long-term lease (with at least 5 years remaining) and am interested in redeveloping the property located at2 Street Address I am interested in acquiring adjacent parcels to expand my property for redevelopment: Yes No I understand that submission of this Statement of Interest does not in any ~vay obligate me to participate in the redevelopment. I also understand that my failure to provide a detailed redevelopment proposal within the prescribed timeline will cause me to forfeit my owner participation fights for this project. EXHIBIT "A" PAGE 1 of 2 Date: Signed: ...... BUSINESS REENTRY [Previousl Location of Business within flae Project Area: Name of Business and Street Address Type of Business: Address of Redeveloped Property in Project Area Being Considered as a Reentry Location: I understand that the Agency will require me to provide additional information about my business in "'-ter to determine whether the property in which I am interested would be an appropriate location for :stablishing my business in the Project Area. I understand that my failure to provide the information tuested could cause me to forfeit my reentry preference. Date: Signed: .... J:\'~VPD~MNRSW'~405k01 ~GREE~._X.CAMEXA.DOC EXHIBIT "A" PAGE 2 of 2