Loading...
HomeMy WebLinkAbout1974-09 CRA ., . -! ...\-.~. " RESOLUTION NO, 74- 9 A RESOLUTION OF THE COMMUNITY REDEVLOPMENT AGENCY OF THE CITY OF SANTA ANA REPEALING RESOLUTIONS NO. 73-4 and NO. 73-5 AND ADOPT- ING AMENDED RULES GOVERNING PARTICIPATION BY AND PREFERENCES TO OWNERS, OPERATORS OF BUSINESSES AND TENANTS . The Community Redevelopment Agency of the City of Santa Ana DOES HEREBY RESOLVE as follows: 1. Resolution NO. 73-4, adopted May 7,1973, adopting Rules for Owner Participation in the Community Redevelopment Project Area, is hereby repealed. 2. Resolution No. 73-5, adopted May 7, 1973, adopting City of Santa Ana Redevelopment Project Area Rules to Extend Reasonable Preference to Persons in Business. is hereby repealed. 3. The Amended Rules Governing Participation by and Preferences to Owners, Operators of Businesses and Tenants, attached hereto labeled Exhibit "A" and incorporated herein by this reference, are hereby adopted and approved. 4. This resolution shall become effective upon the dismissal with prejudice as to all parties defendant of that action now pending in Orange County Superior Court entitled Joseph L, Gilmaker -v- Community Redevelopment Agency of the City of Santa Ana, et al., Case,No. 206 253. APPROVED AND ADOPTED this19thday of ATTEST: ~...~ ~ ~Lll~ ecor lng ecretary , 1974 APPROVED AS TO LEGAL FORM: I hereby certify that the foregoing resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at a s.p.EH:ial meeting thereof, held on the 19thdayof. July, 1974, by the following vote, to wit: .. AYES, NOES, Members: Garthe, Griset, Patterson, Evans, Ward None Members: ABSENT, Members: Yamamoto, Markel ~/~/ Richard Goblirsch, Executive Director ATTEST: ~þ.". l' ~ l~~ Florence I. Malone, Recor ing Secretary , or. :'." . ,. - . COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~æNDED RULES GOVERNING PARTICIPATION BY AND PREFERENCES TO OWNERS, OPERATORS OF BUSINESSES AND TENANTS In The CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA Section I. GENERAL These rules are promulgated to implement the provisions of the Redevelopment Plan for the C~ty of Santa Ana Redevelop- ment Project regarding participation and the exercise of pre-' ferences by owners, operators of businesses, and tenants in the Project. These rules set forth the procedures governing such preferences and participation. The Community Redevelopment Agency of the City of Santa Ana ("Agency") desires and urges participation in the growth and development of the project area by as many owners, operators of businesses and tenants as possible, and will take all reason- aple steps to that end consistent with the provisions and pur- poses of the redevelopment plan. In view of the pattern of land assembly and integrated development envisioned by the Redevelop- ment Plan persons and firms doing business in the Project area will be encouraged to form partnerships, corporations or other joint entities to take advantage of their participation and preference opportunities. Participation opportunities are necessarily subject to and limited by factors such as the following: 1. The elimination and relocation of some land uses. . 2. The realignment and abandonment of some streets. 3. The ability of participants to finance the proposed development. 4. The reduction of the total number of individual parcels in the Project area. Section II. PARTICIPATION BY OWNERS OF REAL PROPERTY A. Participation In The Same Location In appropriate circumstances where such would foster the unified and integrated development contemplated by the Redevelop- EXHIBIT A " t,. ~. ", .~ . ment Plan, an owner may participate in substantially the same location by retaining all or portions of his property and purchasing other property if needed and available for develop- ment in accordance with the Redevelopment Plan. Where a proposal to participate in the same location in- volves a building in good condition, but with an existing use which does not conform to the provisions of the Redevelopment Plan, the Agency may allow such use to continue provided that such use is generally compatible with the permitted uses in the area in which it is located. In order to remain with a non- conforming use. theowner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the area. The final decisions concerning land acquisition by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into participation agreements. Without the consent of an owner, the Agency shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless such building requires structural alteration, im- provement, modernization or rehabilitation, which the owner refuses to perform; or the site or lot on which building is situated requires modifica~ion in size, shape or use. B. Participation in a Different Location The Agency will offer cleared land for purchase by business ~r residential owner-participants found ready, willing and able to develop that land with the development approved for the site by the Agency. Property sold tó owner-participants will be made available at fair value for the uses designated in the' Redevelopment Plan. C. Reasonable Preferences . The Agency shall extend reasonable preferences to owners who are ready willing and able to re-enter within the redeveloped area pursuant to the Plan. Conflicting desires among participants 'for particular sites or land uses will be resolved by considera- tion of such factors as the length of time in the area; accomo- dation of as many participants as possible; similar land use to similar land use; conformity of a participation proposal with the intent and purpose of the Redevelopment Plan. Section III. PARTICIPATION BY TENANTS Pursuant to these rules, persons and families who are ten- ants engaged in business or residing in the Project area will be given opportunities to remain or to obtain reasonable pre- -2- \':.,t.:. . . ., ferences to reenter within the redeveloped area if they other- 'wise meet the requirements prescribed by the Plan. A. Tenant Participation as Owners Tenants will be given reasonable preferences to purchase and develop real property in the Project Area prior to offer- ing for sale to the general public. Property sold to such ten- ants will be made available at fair value for the uses designated in the Plan. B. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the redevelopment Project area as tenants will receive reasonable preferences to locate in the Project area in accordance with the prescribed uses of the Plan. Priority in the lease or rental of redeveloped property purchased from the Agency and to be leased or rented for residential use shall be given to person and families displaced or to be displaced frcm dwellings within the Project Area who are ready, willing and able to enter into such lease or rental agreements. Priority in the lease or rental of redeveloped property 'purchë:sed from the Agenèy and to be leased or rented. for business use shall be given to business owners and tenants located within the Project Area at the time the redevelopment plan was adopted who are ready, willing and able to enter such lease or rental agreement. Section IV. PROCEDURE FOR BECOMING A PARTICIPANT A. Procedure for Participation as Residential or Business Owner or Tenant Every person interested in participating as a residential or business owner or tenant must submit to the Agency a statement indicating such interest. The form of the Statement of Interest is attached hereto, and copies may be obtained from the Agency upon request. Before entering into an agreement with any developer, owners and tenants in the "site" will be giver, an opportunity to submit a Statement of Interest within sixty (60) days following any written notice of such opportunity. The Agency may disregard Statements of Interest submitted after such 60-day period. The Agency will notify each person who submits a Statement of Interest of the time within which he must submit his pro- posal for participation. Opportunity will be given to discuss proposals with the Agency staff and to make necessary adjustments. The Agency will make every effort to meet the desires of every person de- siring to participate in the Project. -3- . , .. r , :' '\. .8 . B. Participation Agreement Each owner or tenant who has submitted an acceptable pro- posal for owner or business tenant participation will be requir- ed to enter into a participation agreement with the Agency. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Re- development Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency will require in order to insure such development. The agreement will also provide that a successor in interest of the original participant may become a participant with the approval' of the Agency. Participation agreements will be effective only if approv- ed by the Members of the Agency. Section IV. AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. Any amendments after the filing of statements of intent shall be made only after notice to the persons who have filed such statements. Such notice shall be by mail post- ed at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. -4- '" " '..." ..... . . ,7. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA CITY OF SANTA ANA REDEVELOPMENT PROJECT STATE~lliNT OF INTEREST IN PARTICIPATION I hereby express my interest in participating in the Rede- velopment Project and submit the following information: 1. Telephone Name 2. Home Address 3. Name of Business 4. Address of Business 5. My present involvement in the Project area is: 6.. I now own property in the Project---- I now lease property in the Project ---- Explain: 7. I AM INTERESTED IN PARTICIPA'1¡ING: AS A PROPERTY OI-JNER -' 8.~ . If I participate: AS A BUSINESS TENANT - I would like to continue at the same location - I would like to change my present location. I would like to acquire real property for expansion (indicate approximate requirements) REMARKS: I understand that submission of this Statement of Interest form does not obligate me to participate if the Redevelopment Plan. is carried out, nor does it indicate an opinion concerning the City of Santa Ana Redevelopment ?roject. Signed '. '. . . ß.' ."",-, '\ , . . H...., Add.... .nd TeI..hon. No. 01 An..n.,!" "ac. Balow I.. U.. .. Co.n Clo.' Onl, ROBERT F. WALDRON 2020 N. Broadway, suite 102 Santa Ana, Califoria 92706 Attomey(s) for "oO,,>?J.:~'~~~'~~'~"""""""oO""oO" , . . , ,~~~~RI,O~. . . . . COURT OF CALIFORNIA, COUNTY OF. , . ~~~I!=. , . . . . . . , 1SUf'ERIOR. MUNICIPAL, 0' JUSTICE) ... ........., ".......,.......,....,. ,...,.., .... ,................ (Name 01 Munlclpel or JU8l1ce Court Oi,'rlc' or 01 b..nch court. If en,) ~flOO: JOSEPH L, GILMAKER CASE NUMBER 206 253 Abb...ialed Tille REQUEST FOR DISMISSAL TYPE OF ACTION 0 Personal Injury, Proper~' Damage and Wrongful Dealh: 0 Motor Vehicle 0 Other 0 Domestic Relallons Iii: Eminent Domain XJ¡°ther: (Specify) ,:'o(?,J,i,ç..J,. Y. .9.:1;. ,~~c;1~Y:~.],9.P!\Ient plan Ðttfwndanl(s): COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA , et al., TO THE CLERK: Please dismiss this action as follows: .(Check applicable boxes.) 1. mcWlth prejudice 0 Without prejudice . 2. mcEnt¡re .action 0 Complaint only ¡gcOther: (Specify)' 0 Petition only 0 Cross-complaint only As to all parties defendant Dalacf: .. .. .. . .. .. .. .. . .. . .. .. oO .. . oO .. oO . .. .. . .. . .. .. .n dilmissol ,.quelled is of specified porll.. only, of specified - 01 ecllon only or 01 specified c,"ss-complaintS only. so ..... end Identify the pertles. csu.es 01 acllon or cross-complaint. to ... d.--. Attorney(s) lor. ' )?)..G! ~.I!:t; ~.:I; toO .. . .. . .. . .. . .. . .. . .. . .. .. . ROBERT F. WALDRON (Type or prinl allorney(s) name(s)) . TO THE CLERK: Consenllo the above dismissal is hereby given. . , Daled: ........"oO""""""""""""""""'" "When a cross-complaint (or Response (Marriage) seeking sffirma- Ii... relfef) is on fila, Ihe all...e,ls} I., ihe cross-complainant lrespondenl) must .ign this con.ent. when required b, CCP 58'1'), (2) or (5). Attornay(s) lor""...,... """"""""oO ..., ............ (Typa 0' print allorney(s) name(s)) CTo be completed by clerk) a Dismissal entered as ,equesled on ....,..."................",..,............,...................................... a DIsmissal enla,ed on .,.."".,.." "'oO'oO""""""'oOas to only, "'oO."... """'oOoO""""""""""""" a DIsmissal nol enlered as requested for Ihe lollowlng ,eason(s). and allorney(s) notilied on . . . , . . . . , . . . , . . , . , . . . , . . . . , . . . , . . , . ,Clerk w .. . w 0 . . FOIm Adapled by Ruin 9B2 01 ¡;ii<\ To. .1,,01;"" "ounnil nl G""Ofni, Daled................,...........,..........,....... By , Deputy REQUEST FOR DISMISSAL EXHIBIT C CCP 581. elC,: Col, Aul.. 01 Court.