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HomeMy WebLinkAbout1982-018 CRA . . . REL:adg 4/8/82 RESOLUTION NO. 82-18 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING RULES GOVERNING PARTICIPATION BY AND PREFERENCES TO OWNERS, OPERATORS OF BUSINESSES, AND TENANTS, FOR NEW REDEVELOPMENT PROJECT AREAS WHEREAS, the Community Redevelopment Law requires that, prior to the approval of any redevelopment plan, a Community Redevelopment Agency shall adopt rules regarding participation by owners in the redevelopment project area and preferences for persons engaged in business in the redevelopment project area; and WHEREAS, such rules were adopted by this Agency by its Resolution No. 74-9, dated July 19,1974, and remain in effect for the City of Santa Ana Redevelopment Project Area; and WHEREAS, the Agency is now considering the approval of one to four new redevelopment projects; and WHEREAS, it is desirable to have uniform rules throughout all redevelopment projects undertaken in the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Those rules entitled "Community Redevelopment Agency of the City of Santa Ana, Amended Rules Governing participation by and Preferences to Owners, Operators of Businesses and Tenants in the City of Santa Ana Redevelopment Project Area," attached to and incorporated into Resolution No. 74-9 of the Agency, are hereby adopted for each redevelopment project hereafter approved within the City of Santa Ana, and made applicable to owners of property in each such project area and to persons engaged in business and to tenants within each such project area. 4-37 6B, RESOLUTION NO. 82-18 PAGE TWO . 2. The Executive Director is hereby authorized and directed to make the abovesaid rules available for public inspection. ADOPTED this 20th day of by the following vote: April ,1982, AYES: MEMBERS: Bricken, Griset, Luxembourger, McGuigan NOES: MEMBERS: Serrato ABSENT: MEMBERS: Acosta, Markel 8, ATTEST: ~ ~~ GOROON~ CHAIRMAN REX SWANS EXECUTIVE DIRECTOR/ RECORDING SECRETARY APPROVED AS TO FORM: . A.. 38 6B " - .-. . . CO:-!:!T'd T, Ei'.:)::','rLOI'MENT AC".ENCY Of' TIlE Cl':'¥ OF SANTA ANA ""\ENDED RULES GOVERNTNr. PARTICIPATION BY AND PREtEREr;CES '1'0 Oh'NERS, OPERATORS OF BUSINESSES AND TENANTS In The CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA Section I. GENERAL These rules ~re Dromulg~ted 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 ~roject. ~hese rules set- forth the procedures governing such preferences andp.rticipation. The Coll\l1\unit}' Redevelopment Agency of the City of Santa Ana ("Agency") desires and urges participation in thè growth and development-of the project area by as many owners"oper.tors of businesses.nd tenants.spossible, and will take all reason- ablesteps 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 envision~d 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 opportunitiés are neces'sarily 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 finan~e the proposed d~vc loprnen t. 4. '~hç; reduction -of the total number of individual parcels in the Project area, Section II. PARTICIPATION BY OWNERS OF REAL PROPERTY A. p~rticipation In The Same Location In appropriate cirèumstances where øuchwould foster the unified 'Jw1 integrated development contemplated by the Redevelop- ~.~1 6B ¡¡',¡;!ì t l' l.:m, an owner may participate insub5t.:mtii\11y thf' 5<1::\(' location by ret~ining all or portions of his property and purchasing other property if needed and available for devt.'}np- ment in accordance with the Redevel~pment Plan. . Where a proposal to participate in the same location in- volves a building in good condition, but with an existin~ use , which poes 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 rcmain 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 or residential owner-participants found ready, willing and able to develop that land with the development approved for the site by the .Agency. Property sold to 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 \.¡illing and able. to re-enter within the redeveloped area pursuant to the Plan. Conflicting desires amonq 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 possiblc; 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 arc ten- ants engaged in business or residing in the Project area ~Iill be qivenopportunitics to remain or to obtain reasonable prc- -2- 19" ¥O 6B ::('::c';,.C'~' to r<::,.:::,tcr within the redeveloped "rei'! if they other- 'W~5~ m~~t the ::e4~irements 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 vaJue for the uses designated in the Plan. B. Preferences for Business Tenants as Te~ 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 ~o be leased or rented for. , residential use shållbe given to person and families displaced or to be displaced frcm dweilings 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 purchi:sed from the AgenCy and to be leased or rented for business useshall be given to business owners and tenants located within the prcject Area at. the time the redevelopment, plan was adopted who are read~'. willing ,and able to enter such lease or. rental agreement. ' Section IV. PROCEDURE ~OR BECOMING A PARTICIPANT A. Procedure for Participation as Residential or Bus1ness 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. " . Beforè 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 p:r:oposals with the Agency staff ."II,d to m<lke necessary adjustments. The ^'J~ncy will make every effort to meet the desires' of every person de- siring to p~,!:::~jpate in the Project. .4~"¡'1 -3- 6B B. P~rticipation Aq~eement . Each owner or tenant who has subm(tted an accept<:ible pro- posal for owner or business tenant participation will be requir- ed to enter into a participation agreement with the Aqcncy. Each agreement will ,contain provisions nr-C'Cssary to insurE' that the participation proposal will be can ic() out. and that the subject property will be developed or u5f'd in accordance with the conditions, restrictions, rules and requlations 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 requil"e 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. AMtNDMENT OF OWNER PARTIC!PATION RULES . ~he 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 fpurteen (14) days before the date of the meeting at which the proposed amendment will be considered. . -4- A-t.J.2. 68 .: . . . . ". CO!"-~U!: ITY ReDEVELOPMENT AGENCY OF Tur; CITY OF SA1;TA ANA CITY OF SANTA ANA REDEVELOPMENT PROJECT .. STATEHL:¡ T or wn:ro::ST IN PARTICIPATION I hereby exprcss 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 ausiness , s. My present involvement in the Project area i.s: 6., X now own property in the Proje~t . I now lease property in the project- ,7. Explain: 7. I AM INTERESTED IN PARrICIPA~ING: AS A PROPERTY OWNER -. 8.~ . If I participate: Ås A aUSINESS 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 expãñsion (indicate approximate requirements) REMARKS: :I understand that submission of this Statement of Interest form does not obligate me to participate if the Redevelopment plall is carried out, nor docs it indicate an opinion concerning the City of Santa An~ Redevelopment ?roject. Signed f)-tf3 6B