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HomeMy WebLinkAbout1993-03 CRA . . . RESOLUTION NO. 93-3 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING UNIFORM RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE REDEVELOPMENT PROJECT AREAS OF THE CITY OF SANTA ANA WHEREAS, the City of Santa Ana has approved and adopted six redevelopment projects, to wit: (1) The City of Santa Ana Redevelopment Project, approved and adopted by Ordinance No. NS-1173 dated July 2, 1973 and amended by Ordinance No. NS-1258, dated June 2, 1975 (the "Central City" project); (2) The Santa Ana South Main Street Redevelopment project, approved and adopted by Ordinance No. NS-1639, dated July 6, 1982 (the "South Main" project); (3) The Santa Ana Inter city Commuter station Redevelopment Project, approved and adopted by Ordinance No. NS-1636, dated July 6, 1982 (the "Inter City" project); (4) The Santa Ana North Harbor Boulevard Redevelopment Project, approved and adopted by Ordinance No. NS-1637, dated July 6, 1982 (the "North Harbor" project); (5) The Santa Ana South Harbor Boulevard Redevelopment Project, approved and adopted by Ordinance No. NS-1638, dated July 6, 1982 (the "South Harbor" project); (6) The Bristol Corridor Redevelopment Project, approved and adopted by Ordinance No. NS-2039, dated December 4, 1989, (the "Bristol Corridor" project); and WHEREAS, the City of Santa Ana proposes to adopt a seventh redevelopment project, entitiled the "Community Facilities Improvement Plan" redevelopment project. WHEREAS, the Agency desires to provide uniform rules governing participation and preferences by property owners and business occupants throughout all of the redevelopment project areas of the city of Santa Ana, heretofore or hereafter created; NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA that those "Uniform Rules Governing Participation and Preferences by Property Owners and Business occupants in the Redevelopment Project Areas of the 1 . . . city of Santa Ana," a copy of which is attached hereto as Exhibit A and incorporated herein by reference, are hereby approved and adopted as the rules governing participation and preferences by and for property owners and business occupants in the project areas of the Central City, South Main, Inter-City, North Harbor, South Harbor and Bristol Corridor Redevelopment Projects, and that all rules previously adopted for such purpose are hereby superseded and replaced by said Uniform Rules, and are also approved and adopted as the rules governing participation and preferences by and for property owners and business occupants in the project area of the Community Facilities Improvement Plan redevelopment project, if and when said project is approved. ADOPTED this 19th day of by the following vote: January , 1992-, AYES: MEMBERS: Lutz, Mills, Moreno, Norton, Richardson, Young NOES: MEMBERS: ABSENT: MEMBERS: Pulido ~~ Chairman ATTEST: ~5}~ Cynthia J. NetSon, Executive Director/Recording Secretary APPROVED AS TO FORM: E~~ Agency Legal Counsel 2 . . . EXHIBIT II UNIFORM RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE REDEVELOPMENT PROJECT AREAS OF THE CITY OF SANTA ANA 1. PURPOSE AND INTENT (a) These rules are adopted to implement the provisions of the redevelopment plans of the city of Santa Ana regarding participation and the exercise of preferences by property owners, business occupants, and others within the Project Area. These rules set forth the procedures governing such preferences and participation. (b) 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 areas by owners of real property and persons engaged in business within the boundaries of the project areas to the maximum extent feasible consistent with the objectives of the redevelopment plans. 2. DEFINITIONS As used herein, the following definitions apply: (a) "Redevelopment Plan" means a redevelopment plan adopted by the City Council of the city of Santa Ana. (b) "Project Area" means Redevelopment Plan. a project described in a area (c) "Agency" means the Community Redevelopment Agency of the City of Santa Ana. (d) "Owner" means any person, persons, corporation, association, partnership, or other entity holding fee title to, or a long-term lease of, real property in a Project Area. (e) "Long-Term Lease" means a lease of real property with a term of twenty (20) years or more, with at least five (5) years remaining on such term. (f) "Business Occupants" means persons engaged in business within a Project Area. (g) "Participation Agreement" means an agreement entered into by an Owner, other Owner, Business Occupant, or others 1 EXHIBIT A Page 1 of 7 . with the Agency in accordance with the provisions of the applicable Redevelopment Plan and these rules. 3. 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. 4. PREFERENCES TO OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREAS . (a) Participation is desired in the rehabilitation and redevelopment of a Project Area by as many Owners and Business Occupants located in that Project Area as practicable. The Agency shall extend preferences to Owners and Business Occupants to continue in or, if the Agency acquires the land of property Owner or the land on which Business Occupant is located, to reenter the same Project Area if any such Owner or Business Occupant meets the requirements prescribed in the applicable Redevelopment Plan and in these rules. (b) Subject to these rules, Owners of real property in a 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 developers 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 applicable Redevelopment Plan as determined by the Agency and is otherwise consistent with the guidelines provided by these rules. (c) Subject to these rules, Owners within a 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 same Project Area at such time as the Agency is able to make available for private development for such purpose properties within that Project Area; provided, however, that such development will be consistent with and will not impair the . 2 Page 2 of 7 objectives of the applicable Redevelopment Plan as determined by the Agency, and is otherwise consistent with the guidelines provided by these rules. (d) Subject to these rules, Business Occupants within a Project Area who desire to continue or reenter into business within the same Project Area shall be extended a reasonable preference to relocate into substitute locations within that Project Area at such time as the Agency is able to make available such locations. . (e) Participation opportunities shall necessarily be subject to and limited by factors such as the following: (1) (2) (3) (4) . (5) (6) (7) (8) (9) (10) (11) (12) (13) . The elimination and changing of some land uses. The construction, realignment, abandonment, widening, opening and/or other alteration or elimination of public right-of-way. The removal, relocation and/or installation of public utilities and public facilities. The ability of participants to finance the proposed acquisition, development, or rehabilitation in accordance with the applicable Redevelopment Plan. The ability of participants to undertake and complete the proposed rehabilitation or development. Any reduction in the total number parcels in the subject project Area. individual of The construction or expansion of public improvements and facilities, and the necessity of assembling areas for such. Any change in orientation subject Project Area. character of the and The necessity of assembling areas for public and/or private development. The requirements of the applicable Redevelopment Plan and applicable rules, regulations, and ordinances of the City of Santa Ana. Any design guidelines adopted by the Agency pursuant to the applicable Redevelopment Plan. The feasibility of the participant's proposal. The creation of new jobs. Page 3 of 7 . . . l (f) If conflicts develop between the desires of potential participants for particular sites or land uses, the Agency is, subject to the preference provisions above, authorized to establish reasonable priorities and preference among the potential participants and to determine a solution by consideration of such factors as: Length of time in the area. Accommodation of as many participants as possible. Ability to perform. Similar land use to similar land use. Number of new jobs created as development. a result of the new Conformity with intent and purpose of the Redevelopment Plan and these rules. (g) Participation to the extent feasible shall be available for two or more persons, firms or institutions to join in partnerships, corporations, or other joint entities. 5. CONFORMING PROPERTIES (a) The Agency may, at its sole and absolute discretion, determine that certain real properties within a Project Area meet the requirements of the applicable Redevelopment Plan, and the owners of such properties may 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 applicable Redevelopment Plan. A certificate of conformance to this effect may be issued by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvement or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the same Project Area. (b) upon application by the owner of a particular parcel, the Agency shall grant a certificate of Conformance for said parcel if: (1) The use of the property conforms to the city's General Plan at the time the request is made. (2) There are no City code violations on the property. 4 Page 4 of 7 (c) The procedure for Conformance is as follows: . (3) (4) (5) (6) (1) (2) . (3) The parcel is not part of any targeted redevelopment site pursuant to a Specific and/or Strategy Plan developed for the area. The parcel conforms to the design and use criteria specified by any such Specific and/or Strategy Plan. The condition and maintenance level of the property and its design and architectural quality are of a sufficiently high standard as to meet the goals of the Redevelopment Plan. The property is not designated necessary or required to accomplish the goals of the Redevelopment Plan. issuance certificate of of a A property owner shall initiate the process for obtaining a certificate of Conformance by filing a written request with the Executive Director of the Agency. The request may be for a single parcel or any number of contiguous parcels under the same ownership. The Executive Director shall evaluate the request pursuant to the criteria delineated in Section B hereinabove. The Executive Director shall then agendize the matter for consideration by the Redevelopment Commission, with the Executive Director's recommendation included therein. The Redevelopment Commission shall transmit its recommendation to the governing board of the Agency and the governing board of the Agency, after due consideration, shall issue or deny issuance of the certificate of Conformance. (d) Property owners who are denied certificates of Conformance because their properties fail to meet standards of criteria (b) (4) and (b)(5) hereinabove shall be eligible to apply for all City and Agency loan or grant programs, and any other forms of assistance as may be available and appropriate, to assist in improving their properties in order to qualify for a certificate of Conformance. (e) All certificates of Conformance shall be in condition to be recordable and, if recorded, shall run with the land, and shall be valid and irrevocable for a term of five (5) years. Upon expiration of a certificate, the property owner may reapply and, if the property still meets the criteria of these guidelines, a new certificate shall be issued. . 5 Page 5 of 7 . . . 6. STATEMENTS OF INTEREST (a) 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 a 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 that Project Area. (b) The Agency shall deliver to each Owner or Business occupant of real property which may be acquired, a form Statement of Interest at least thirty (30) days prior to considering any of the actions requiring acquisition of real property. Those desiring to submit Statements of Interest must complete and submit such statements to the Agency within thirty (30) days of receipt. Such statements shall include information requested by the Agency and shall be in the form requested by the Agency. (c) Any Owner or Business Occupant or others may also submit such a Statement at any time before such notification. (d) 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 reenter the subject Project Area. The Agency may, at its sole discretion, determine that a participation proposal is not feasible or in the best interest of the subject redevelopment project or the community, or is otherwise limited by one or more of the criteria set forth in section 4 hereof. In such event, the Agency may select a developer from among prospective participants submitting Statements of Interest and others invited to submit proposals. 7. PARTICIPATION AGREEMENTS (a) Public and private Owners or Business occupants wishing to develop or improve their properties within the project Area may be required, as a condition of Agency assistance of such development, to enter into a binding, written Participation Agreement with the Agency if the Agency determines that it is necessary to impose upon such property any of the standards, restrictions, and controls of the applicable Redevelopment Plan or of any design guide adopted by the Agency pursuant to that Redevelopment Plan. (b) A Participation Agreement shall obligate the Owner, his/her heirs, successors and assigns, and/or a Business Occupant or others to acquire, rehabilitate, develop, and use the property as may be applicable in conformance with the applicable Redevelopment Plan and/or to be subject to such other provisions 6 Page 6 of 7 . . . and conditions of that Redevelopment Plan for the period of time that that Redevelopment Plan is in force and effect, excepting those provisions related to nondiscrimination and nonsegregation which shall run in perpetuity. (c) 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 applicable Redevelopment Plan and the Agreement. 8 . ENFORCEMENT In the event that a property is not acquired, developed, rehabilitated, or used in conformance with the applicable Redevelopment Plan, with an Agency 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 if the participant fully performs under the agreement. Approved: Agency Resolution No. , 1993 Page 7 of 7