HomeMy WebLinkAboutResolutions - No. RDA2002-04AGENCY RESOLUTION NO. RDA2002-04
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LODI
APPROVING AND ADOPTING RULES GOVERNING PARTICIPATION BY
PROPERTY OWNERS AND THE EXTENSION OF REASONABLE
PREFERENCES TO BUSINESS OCCUPANTS IN THE LODI
REDEVELOPMENT PROJECT NO. 1
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WHEREAS, the Redevelopment Agency of the City of Lodi has prepared a proposed
Redevelopment Plan for the Lodi Redevelopment Project No. 1; and
WHEREAS, Section 33345 of the California Community Redevelopment Law (Health
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 owner participation in
connection with a redevelopment plan; and
WHEREAS, Section 33339.5 of the California Community Redevelopment Law provides
that a redevelopment agency shall adopt and make available for public inspection rules
regarding the extension of reasonable preferences to persons who are engaged in business in
the project area to reenter in business within the redeveloped area if they otherwise meet the
requirements prescribed by the redevelopment plan.
NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency of the City of
Lodi, does hereby approve and adopt the "Rules Governing Participation by Property Owners
and the Extension of Reasonable Preferences to Business Occupants in the Lodi
Redevelopment Project No. 1" in the form attached hereto and incorporated herein by
reference.
Dated: May 15, 2002
I hereby certify that Resolution No. RDA2002-04 was passed and adopted by the Members
of the Redevelopment Agency in a regular meeting held May 15, 2002 by the following vote:
AYES: MEMBERS — Howard, Land, and Chairperson Penning
NOES: MEMBERS — Nakanishi
ABSENT: MEMBERS — Hitchcock
ABSTAIN: MEMBERS — None
PHILLIP A. 2��NNINO
Chairperson
Attest:
SUSAN J.BLACKSTON
Secretary
RDA2002-04
RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS
AND THE EXTENSION OF REASONABLE PREFERENCES TO
BUSINESS OCCUPANTS IN THE
LODI REDEVELOPMENT PROJECT NO.1
Prepared by the
Redevelopment Agency of the City of Lodi
Adopted: May 15, 2002
TABLE OF CONTENTS
I. [§100] PURPOSE AND INTENT
II. [§200] DEFINITIONS
III. [§300] ELIGIBILITY
IV. [§400] TYPES OF PARTICIPATION
V. [§500] CONFORMING OWNERS
VI. [§600] OWNER PARTICIPATION AGREEMENTS
VII. [§700] CONTENTS OF OWNER PARTICIPATION AGREEMENTS
VIII. [§800] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE AGENCY
IX. [§900] PREFERENCE TO BUSINESS OCCUPANTS WITHIN THE PROJECT
AREA
X. [§1000] AMENDMENT OF RULES
LOD/ OPRules 1 4/30/02
RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS
AND THE EXTENSION OF REASONABLE PREFERENCES
TO BUSINESS OCCUPANTS IN THE
LODI REDEVELOPMENT PROJECT NO. 1
[§100] PURPOSE AND INTENT
These rules are adopted pursuant to the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et seq.) in order to implement the provisions
of the Redevelopment Plan for the Lodi Redevelopment Project No. 1 regarding participation by
property owners and the extension of reasonable preferences to business occupants within the
Project. These rules set forth the procedures governing such participation and preferences.
It is the intention of the Agency to encourage and permit participation in the
redevelopment of the Project Area by property owners and to extend reasonable preferences to
business occupants of real property within the boundaries of the Project Area to the maximum
extent consistent with the objectives of the Redevelopment Plan.
II. [§200] DEFINITIONS
As used herein, the following definitions apply:
(1) "Agency" means the Redevelopment Agency of the City of Lodi, California.
(2) "Business Occupant" means any person, persons, corporation, association,
partnership, or other entity engaged in business within the Project Area on or after the date of
adoption of the Redevelopment Plan by the City Council.
(3) "City Council" means the City Council of the City of Lodi, California.
(4) "Owner' means any person, persons, corporation, association, partnership, or
other entity holding title of record to real property in the Project Area on or after the date of
adoption of the Redevelopment Plan by the City Council.
(5) "Owner Participation Agreement" means an agreement entered into by an Owner
with the Agency in accordance with the provisions of the Redevelopment Plan and these rules.
(6) "Project Area" means the area described in the "Legal Description of the Project
Area Boundaries" (Attachment No. 1 of the Redevelopment Plan) and shown on the "Project
Area Map" (Attachment No. 2 of the Redevelopment Plan).
(7) "Redevelopment Plan" means the Redevelopment Plan for the
Lodi Redevelopment Project No. 1 as adopted by the City Council by Ordinance No.
on .2002.
III. [§300] ELIGIBILITY
Owners shall be eligible to participate in the redevelopment of property within the Project
Area in accordance with the provisions of the Redevelopment Plan, these rules, and the
limitations herein described.
LOD/AgResoOPRules 4/30/02
Participation opportunities are necessarily subject to and limited by factors such as the
following:
(1) The appropriateness of land uses proposed and consistency with the General
Plan of the City of Lodi and the Redevelopment Plan;
(2) The construction, widening, or realignment of streets;
(3) The ability of participants to finance acquisition and development in accordance
with the Redevelopment Plan and development criteria adopted by the Agency in
implementation of the Redevelopment Plan;
(4) The desirability of land assemblage in the Project in order to create efficient and
marketable commercial and industrial parcels; and
(5) The construction or expansion of public facilities.
The Agency presently contemplates that in carrying out the Redevelopment Plan, certain
portions of the Project Area may be acquired by the Agency for public improvements, facilities,
and utilities and for other uses and purposes in accordance with the Redevelopment Plan.
Therefore, owner participation opportunities will not be available for such properties.
IV. [§400] TYPES OF PARTICIPATION
Subject to these rules and the limitations in Section 300 and this Section 400, Owners
shall be given a reasonable opportunity to participate in redevelopment by:
(1) Retaining all or a portion of their properties and developing or improving such
property for use in accordance with the Redevelopment Plan;
(2) Acquiring adjacent or other properties within the Project Area and developing or
improving such property for use in accordance with the Redevelopment Plan; or
(3) Selling their properties to the Agency and purchasing other properties in the
Project Area.
The foregoing methods of providing owner participation opportunities shall not be
deemed exclusive.
V. [§500] CONFORMING OWNERS
The Agency may, in its sole and absolute discretion, determine that certain real property
within the Project Area presently meets the requirements of the Redevelopment Plan, and the
Owners of such property will be permitted to remain as conforming Owners without an Owner
Participation Agreement with the Agency, provided such Owners continue to operate, use, and
maintain the real property within the requirements of the Redevelopment Plan.
In the event that any of the conforming Owners 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 conforming Owners may be required by the Agency to enter into an Owner
Participation Agreement with the Agency.
LOD/AgResoOPRules 4/30/02
VI. [§600] OWNER PARTICIPATION AGREEMENTS
Owners wishing to participate in redevelopment within the Project Area may be required,
as a condition to participation, to enter into an Owner Participation Agreement with the Agency if
the Agency determines it is necessary to impose upon the property any of the standards,
restrictions, and controls of the Redevelopment Plan. The Agreement may require the
participant to join in the recordation of such documents as the Agency may require in order to
ensure the property will be developed and used in accordance with the Redevelopment Plan
and the Owner Participation Agreement.
VII. [§700] CONTENTS OF OWNER PARTICIPATION AGREEMENTS
An Owner Participation Agreement shall obligate the Owner, his or her heirs, successors
and assigns, and tenants to devote the property to the uses specified in the Redevelopment
Plan, abide by all provisions and conditions of the Redevelopment Plan for the period of time
that the Redevelopment Plan is in force and effect, and comply with all the provisions of the
Owner Participation Agreement according to their terms, duration, and effect.
An Owner Participation Agreement may provide that if the Owner does not comply with
the terms of the Agreement, the Agency, in addition to other remedies, may acquire such
property or any interest therein by any lawful means, including eminent domain, for its fair
market value as of the date of the Owner Participation Agreement, and the Agency may
thereafter dispose of the property or interest so acquired in accordance with the Redevelopment
Pian.
An Owner Participation Agreement shall contain such other terms and conditions which,
in the discretion of the Agency, may be necessary to effectuate the purposes of the
Redevelopment Plan.
VIII. [§800] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE AGENCY
The Agency shall not acquire real property to be retained and developed by an Owner
pursuant to a fully executed Owner Participation Agreement if the Owner fully performs under
the Agreement.
The Agency shall not acquire real property on which an existing building is to be
continued on its present site under the Redevelopment Plan and in its present form and use
without the consent of the Owner, unless:
(1) Such building requires structural alteration, improvement, modernization, or
rehabilitation;
(2) The site or lot on which the building is situated requires modification in size,
shape, or use; or
(3) It is necessary to impose upon such property any of the controls, limitations,
restrictions, and requirements of the Redevelopment Plan, and the Owner fails or refuses to
participate in redevelopment by executing an Owner Participation Agreement in accordance
with the provisions of the Redevelopment Plan.
LOD/AgResoOPRules 4/30/02
IX. [§900] PREFERENCE TO BUSINESS OCCUPANTS WITHIN THE PROJECT AREA
Business Occupants who desire to remain within the Project Area shall be extended a
reasonable preference to remain or reenter in business within the Project Area if they otherwise
meet the requirements prescribed in these rules and the Redevelopment Plan, provided said
Business Occupants are able to demonstrate the financial ability to remain or reenter in
business within the Project Area.
X. [§1000] AMENDMENT OF RULES
These rules may be modified or amended from time to time by the Agency at any regular
or duly called special meeting, provided, however, that no such amendment shall retroactively
impair the rights of Owners who have executed Owner Participation Agreements with the
Agency in reliance upon these rules as presently constituted.
LOW AgResoOPRules 4/30/02