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Home My WebLink AboutCDC/1999-50 RESOLUTION NO. CDC 1999-50 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING DRAFT RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS, OPERA TORS OF BUSINESSES, AND BUSINESS TENANTS IN THE 40TH STREET REDEVELOPMENT PROJECT, AND DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION, REVIEW AND COMMENT 4 5 6 7 8 WHEREAS, Section 33000, et seq., of the Health and Safety Code, known as the 9 California Community Redevelopment Law ("CRL"), provides that the Community 10 Development Commission of the City of San Bernardino ("Commission") shall adopt rules to II implement the operation of business reentry preferences in connection with a redevelopment 12 plan; and 13 WHEREAS, Section 33345 of the CRL provides that the Commission shall adopt and 14 make available for public inspection rules to implement the operation of owner participation in connection with the Redevelopment Plan for the 40th Street Redevelopment Project. 15 16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 17 18 19 Section 1. The draft Rules Governing Participation and Preferences by Property 20 Owners, Operators of Businesses, and Business Tenants in the 40th Street Redevelopment 21 Project, attached as Exhibit A and by reference made a part hereof, are hereby approved. 22 Section 2. The Executive Director of the Community Development Commission of 23 the City of San Bernardino shall make the draft Rules Governing Participation and Preferences 24 by Property Owners, Operators of Businesses and Business Tenants in the 40th Street 25 Redevelopment Project available for public inspection review and comment. -1- J CDC 1999-50 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING DRAFT RULES 2 GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS, OPERATORS OF BUSINESS, AND BUSINESS TENANTS IN 3 THE 40TH STREET REDEVELOPMENT PROJECT, AND DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION, 4 REVIEW AND COMMENT 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 6 Development Commission of the City of San Bernardino at a joint regular meeting 7 thereof, held on the 20th day of December , 1999, by the following vote, to wit -- 8 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 LIEN x 11 McGINNIS x 12 SCHNETZ x 13 SUAREZ x 14 ANDERSON x 1 15 MILLER /~ / x / 16 17 18 19 20 21 22 23 24 25 By: 26 27 28 The foregoing Resolution is hereby approved this o? A> J-day of December )ftzu~e? ~)! / -Ill1t_) ,1999. Norine Miller Vice Chairman -2- CDC 1999-50 San Bernardino Community Development Commission Rules Goveming Participation and Reenby Preferences for Property Owners, Operators of Businesses, and Business Tenants November, 1999 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 (714) 541-4585 Phone (714) 836-1748 Fax RSGINCCA@ao1.com CDC 1999-50 RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS, OPERATORS OF BUSINESSES, AND BUSINESS TENANTS FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT SECTION I. (100) INTRODUCTION The California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq., requires that the Community Development Commission of the City of San Bernardino ("Commission") establish and make known to property owners, business owners, and business tenants within the 40th Street Redevelopment Project Area ("Project Area") the Commission's Rules and guidelines for implementing "owner participation" opportunities in the Project Area, which is subject to the Redevelopment Plan for the 40th Street Redevelopment Project ("Plan"). The Rules entitled "Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants for the Project Area" ("Rules"), are based upon the following objectives: 1. The Commission's commitment to afford reasonable rights of participation in the redevelopment process to existing property owners, tenants and persons who are engaged in business within the Project Area who will be affected by the Commission's activities within the 40th Street Redevelopment Project Area, and 2. The Commission's commitment to extend reasonable preferences to existing property owners, tenants and persons who are engaged in business within the Project Area, to participate in the redevelopment process in the Project Area. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of these Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants, unless the context otherwise requires: 1. "City" means the City of San Bernardino."Commission" means the Community Development Commission of the City of San Bernardino. 2. "CRL" means the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), as it now exists or may hereafter be lawfully amended. Rosenow Spevacek Group, Inc. November, 1999 Community Development Commission of the City of San Bernardino Owner Participation Rules CDC 1999-50 3. "Owner" shall mean and include the owner of real property located in the Project Area, or a tenant on property or the owner/operator of a business located on property in the Project Area. 4. "Owner Participation Agreement" means an agreement entered into between the Commission and an Owner in accordance with the provisions of the Plan and the Rules as described herein which contains the specific responsibilities and obligations of each party regarding a specific implementation of property improvements and land use. 5. "Plan" means the Redevelopment Plan for the 40th Street Redevelopment Project. 6. "Project" or "Project Area" means the 40th Street Redevelopment Project. 7. "Rules" mean the "Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants in the 40th Street Redevelopment Project", adopted by Commission Resolution No. All definitions set forth in the Plan shall be deemed applicable to these Rules. SECTION III. (300) GENERAL These Rules have been adopted by the Commission specifically to implement the provisions of the Plan pursuant to the CRL regarding participation and the exercise of reentry preferences for qualified Owners. Persons desiring to exercise participation rights and preferences shall do so only in compliance with the Rules. The Commission encourages all qualified Owners to become actively involved in the improvement and the redevelopment within the Project Area. Therefore, the Commission has developed these Rules to establish reasonable provisions for participation by qualified Owners to continue in or reenter the Project Area if the Commission acquires the land of an Owner, subject to the compliance with the Plan and these Rules. Owners shall be given the opportunity to participate in the Project by retaining all or a portion of their properties, by purchasing adjacent or other properties in the Project Area or by selling their properties to the Commission and purchasing other properties in the Project Area, the feasibility of which will be determined by the Commission. The Commission will encourage participation in the growth, development, and redevelopment of each of the parcels within the Project Area by as many qualified Owners as possible, subject to provisions of these Rules and the Plan, and subject to, and limited by, factors deemed relevant by the Commission, including, without limitation, the following: Rosenow Spevacek Group, Inc. November, 1999 2 Community Development Commission of the City of San Bernardino Owner Participation Rules CDC 1999-50 . The appropriateness of proposed land uses (i.e., compatibility with existing and planned uses in the area); and/or . The realignment, widening, opening, and/or elimination of public rights-of-way per the City of San Bernardino General Plan, as it now exists or is hereafter amended; and/or . The removal, relocation, and/or installation of public utilities and public facilities; and/or . The ability of proposed participants to finance and/or complete proposed acquisitions and developments; and/or . The change in orientation and character of the Project Area; and/or . The necessity to assemble areas for public and/or private development. The Plan authorizes the Commission to establish reasonable priorities and preferences among Owners. Accordingly, the following order of priorities is established: . Existing qualified Owners, desiring to participate in their same location in compliance with the Plan and these Rules, and/or who desire to build new residential, industrial or commercial developments; and . Qualified Owners who relocate within the Project Area in accordance with and as a result of an implementation project which may cause the temporary displacement of an Owner. The Commission may, in its discretion, after conducting a duly noticed public hearing, decline to execute an Owner Participation Agreement; resolve conflicting proposals between Owners interested in redeveloping the same property, or resolve conflicting proposals between Owners and third parties who are interested in redeveloping the property based upon a number of considerations including, without limitation, the following: . Conformity of proposals with the intent and objectives of the Plan; and/or . Whether the proposal will be in the public interest; and/or . The amount of sales tax revenue, tax increment revenue, and other economic benefit accruing to the City and the Commission from the proposal; and/or . Employment retention and generation and other economic benefits to the Community which can be expected if the proposal is accepted; and/or Rosenow Spevacek Group, Inc. November, 1999 3 Community Development Commission of the City of San Bernardino Owner Participation Rules CDC 1999-50 · Size and configuration of the parcel proposed for owner participation; and/or · The Owners financial capability; prior experience with similar development, ability to obtain financing, and ability to abide by Commission design standards and development controls; and/or · The time schedule for completion of a proposed project; and/or · The estimated cost of public and Commission services required if the proposal is accepted. SECTION IV. (400) PARTICIPATION BY OWNERS OF REAL PROPERTY A. (40 I) Participation in the Same Location In appropriate circumstances, as determined by the Commission, where such action would foster the goals and objectives of the Plan, an Owner may participate in substantially the same location either by retaining all or portions of the property currently in use and/or purchase of adjacent property if needed, and if available for development; rehabilitating or demolishing all or part of existing buildings or structures; initiating new development; and selling property or improvements to the Commission. B. (402) Participation in a Different Location As necessary to accomplish the objectives of the Plan and as determined by the Commission, the Commission may, in conjunction with a project, acquire land and improvements at fair market value from an Owner who may then move to another location. The Commission may then offer such real property for purchase to third parties for redevelopment pursuant to the Plan. SECTION V. (500) PARTICIPATION BY TENANTS Pursuant to these Rules, Owners who are tenants or persons engaged in business in the Project Area will be given a reasonable opportunity to remain or to reenter in occupancy or business within the Project Area if they otherwise meet the requirements prescribed by the Plan and these Rules. Rosenow Spevacek Group, Inc. November, 1999 4 Community Development Commission of the City of San Bernardino Owner Participation Rules CDC 1999-50 SECTION VI. (600) TYPES OF P ARTICIP A TION A. (601) Certificate of Conformance If the Commission determines that the use of specific real property within the Project Area meets the requirements of the Plan, and the Owners of such properties desire to continue such use or uses, the Commission shall issue a Certificate of Conformance, if the use or uses are in conformity with the Plan. A Certificate of Conformance shall provide, among other things, that the Owners shall continue to operate and use the real property in accordance with the requirements of the Plan. B. (602) Owner Participation Agreements The Commission is authorized to enter into an Owner Participation Agreement regarding properties, which are not to be acquired by the Commission, the use of which conforms or will be made to conform to the Plan. Each such agreement shall contain provisions necessary to ensure that the participation proposal will be carried out and that the subject property will be developed or used in accordance with the provisions of the Rules, the Plan and the agreement. Each such agreement shall be recorded in the Office of the San Bernardino County Recorder. C. (603) Statement ofInterest Before entering into an Agreement with a Non-Owner, or with another Owner who has submitted an unsolicited proposal, or making an offer to purchase property in the Project Area, the Commission shall notify Owners within the Project Area by certified mail, return receipt requested, that the Commission is considering an Agreement or the acquisition of property. The Commission shall include a "Statement of Interest in Participation" ("Statement") form with the notification, which is attached as Exhibit B. Within 30 days of receipt of such notification, any owner interested in participating in the Project Area shall file a Statement with the Secretary of the Commission. Prior to entering into an Agreement or purchasing property, as discussed above, the Commission shall also cause to be published a legal notice in a newspaper of general circulation notifying Owners in the Project Area of the opportunity to submit a Statement. Owners notified by publication of such legal notice in a newspaper shall be given thirty (30) days from the date the notice is published in the newspaper to submit a Statement to the Commission. The Commission may disregard any Statement received after such thirty (30) day period. Any Owner or tenant may submit such a Statement at any time before such notification by the Commission. Rosenow Spevacek Group, Inc. November, 1999 5 Community Development Commission of the City of San Bernardino Owner Participation Rules CDC 1999-50 The Commission shall consider all Statements, which are submitted in a timely fashion and shall seek to negotiate an Owner Participation Agreement, if deemed feasible and appropriate by the Commission. SECTION VII. (700) ENFORCEMENT In the event a property is not developed or used in conformance with the Plan, or in conformance with a Certificate of Conformance or an Owner Participation Agreement, then the Commission is authorized to (1) acquire the property or any interest therein or (2) take any other appropriate action to obtain such conformance. SECTION VIII. (800) PROCEDURES FOR AMENDING P ARTICIP A TION RULES The Commission may amend these Rules at any meeting held after their adoption provided the persons who have filed Statements and the participants who have entered into Owner Participation Agreements are notified in writing at least fourteen (14) days before the meeting at which time the proposed amendment will be considered. Notice shall be either in person or by first-class mail. Such notice will be mailed or delivered to the address shown on the Statement or as indicated in the Owner Participation Agreement. Rosenow Spevacek Group, Inc. November, 1999 6 Community Development Commission of the City of San Bernardino Owner Participation Rules CDC 1999-50 EXHIBIT "A" SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION PROJECT AREA MAP CDC 1999-50 L EJ~J~ ~1=J tE 1_ __~~~L-JLL~ll~~\-l---l ,,,-<.,1' ~/~ - --- [[ctIID] --0 ~~[[[ill ~ \ n ~ - ~ WJJ1IO --~ -;- 50'"" -./ 'vX'> = __ T [[~HlIffimBO'" I 8. V~~::,I:::::: > ~ ~:I~.:I:.. .. - == -= - =~- -- - ~~o':':':::":~:;":: ] I II =; ~ folttIf] "'" " - - "'" 51 = -.......... ~ QIJ]. rnllJ [J LJIlIfillIDIDID ~ _ ~ ~ ::: = ~illl~ ~.ITlliWJ~a - ~ - ~ L-[ IF' ~ t=l DJIIJIIIJJ - u - m'l L ) C==:J '0'" " == ~ = =; [[[[]m= I L-J ~n ITffiD - ==~. ~LlrUlJ~ = f- 4>'" SIll r=l......" mJI[[[[[IJ - - ~ T - t=l ITIIllIIIIIJ I -' - - "10' SI ",,, " ~--:" _ = :;:, ",*,!+.: ......... ::::::::: S.:OJJIIJJ]] = = ..............."8i ..................::::::::: 8 ~~ .. 0 Sf .... . ............. 'JOO sr .lltO s _ = ~~= illill.~@li:i:1!;!:1:..:::!:j::j: R.rrnm, - 1- L-~~_ ~~............................ 8 illIDIDID = t= ~ = :iiiii:.~'::~::ffl=tW:ili.l%ii'liiilii,i': u. ""0 " I "NO" I i Exhibit A :=J = _ ~ e- m8:im:i~ 'Ii ;",::::: i':,:i@:@:: limn-rM::~n~:;,:p::ii'~: Project Area l:::::::l L- - -I~ :::'11':1 :I'I':li 1,1$::'::' :::::'::;::':::' :,~~II 1:1 F: II 11-: 1: ~:i::i:: :::::::: r::: .. :: 'Iilr""'" ":":':":"":":':i~'~'::::"::::::',:::~':::::: I I I I I I I I T ~~,! -2 ::I'i'::i::;i:ii,ti ;,~ l,i'i;;:;;:;i!'i:!::;!i,,:;i,:,i;;l~ ~'~!Iillll,:i'i~ .,W I ~~~.:~ ........ : -:::', :.:::::: ::..: .:.:'~ ~ ,:,: ;.,:;::;::;::: LC:.'::::::: ~.:. , ~ . .." . ... .. ... '5lli w ^' I II ':;::,: ~ "~~ ..' , 11111 II ........ ~ '" ... .,l' z ..... - , ~ LlLl-- <I ill I :B': :;;: - - ~r=r==F't ("0", ~<. JO'"" ~~ ~ JOIl1 " ::::: - - = lJJ1ik~~~ ~ ffffiBg ~ E JO," 50 --\ wI-- 1Q \O~ . t-- H-I ~ ~ -.1:l : I-- - f.-, "::: ~ v ~ ~ . I- - l-- " :, 11- > '!! ~ ~ - -- I II[ ~~ DI=i~ ~;r D~ l-l~ ~'~, ~KO^,' DO i.. -........ .......... .....--.- .... -.... ...... --...-- ,..,,-.,..,.....-.-.......... ...'.. ......... ........,..- ....-... ............ ..............-....- ..........-........... ........... .....,...........-...-.- -. - -...' "" ..-.... .....,...... CITY OF SAN BERNARDINO Proposed 40th Street Redevelopment Area PAAI!OAt[ 0 r I. '0// ,. ~ l.2 ' ' L "':"/11" CDC 1999-50 EXHIBIT "B" SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION STATEMENT OF INTEREST IN PARTICIPATION I hereby express my interest in participation in the: 40th Street Redevelopment Project ("Project") (See attached map for Project boundaries) 1. Name: Telephone: 2. Address: 3. I am the record fee owner of the following property within the Project or hold a proprietary interest in a cooperative housing project: 4. I wish to participate in the Project checked above as follows: I wish to construct a new building or other improvements on my present property. I wish to acquire property within the Project and construct a new building or other improvements on the property I acquire. (Identify proposed property below) I wish to acquire property within the Project for expansion of my current business. (Identify proposed property below) I wish to rehabilitate my present property. I wish to acquire property within the Project and rehabilitate an existing building or other improvements on the property I acquire. (Identify proposed property below) I wish to sell my present property. Other. Please describe: CDC 1999-50 Location of property proposed to be acquired: 5. Background, experience, and information concerning you and your proposal (you may include further information, including a site plan, construction and operating pro forma, and other information relevant to your proposed activity, on additional sheets if you desire to do so): (a) Generally describe background and experience, particularly with respect to development of real property: (b) Describe the development and redevelopment activities you propose and indicate your experience relevant to your proposal: (c) Other remarks: 6. By my signature below: (0) I acknowledge receipt of a copy of the Owner Participation Rules and Reentry Preferences. The Owner Participation Rules and Reentry Preferences describe in detail when and how I may participate in the Project, and the Commission's obligations with respect to my proposal. (0) I understand that after I timely submit this Statement of Interest I will be required to submit a detailed "Development Proposal" within the time period specified in and conforming to the requirements of the Owner Participation Rules and Reentry Preferences in order for my Development Proposal to be considered by the San Bernardino Community Development Commission. (0) I understand that submission of this Statement ofInterest does not in any way obligate me to participate in the Project, or obligate the San Bernardino Community Development Commission to approve my proposal. CDC 1999-50 This Statement of Interest is presented to the Commission pursuant to the Owner Participation Rules and Reentry Preferences on the day of , 20_ Signed: Print Name: Title (if applicable): Date: