Resolution Number CRA 86-6-17-461
RESOLUTION NO. CRA 86-6-17-4
APPROVING RULES FOR OWNER PARTICIPATION
(REDEVELOPMENT PLAN AMENDMENT 86-1)
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
RULES FOR OWNER PARTICIPATION PER
REDEVELOPMENT PLAN AMENDMENT 86-1
WHEREAS, the City Council of the City of San Juan
Capistrano by Ordinance No. 488 approved a Redevelopment Plan for
the Central Redevelopment Project (the "Project"), and by
Ordinances Nos. 509 and 547, approved amendments thereto (the
"1984 Amendment" and "1985 Amendment," respectively); and,
WHEREAS, the Community Redevelopment Agency of the City
of San Juan Capistrano (the "Agency") is considering the adoption
of a further amendment (the "Proposed Amendment") to the
Redevelopment Plan, and has prepared a Preliminary Report, as
provided for by statute, in connection therewith; and,
WHEREAS, the Agency, by Resolution No. 85-5-21-3,
previously approved revised Rules for Owner Participation (the
"Revised Rules") with respect to the Central Redevelopment
Project in the form attached hereto as Exhibit "4A," which is
incorporated herein; and,
WHEREAS, the Agency finds that the Revised Rules are
appropriate to promote the involvement of owner participants to
the extent compatible with the maximum realization of the
objectives of the Redevelopment Plan and the Proposed Amendment;
and,
WHEREAS, the Revised Rules (Exhibit 4A) constitute the
"Revised Rules Governing Participation and Preferences by Owners,
Operators of Businesses, and Tenants."
NOW, THEREFORE, the San Juan Capistrano Community
Redevelopment Agency does hereby resolve as follows:
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SECTION 1.
The Agency designates the "Revised Rules Governing
Participation and Preferences by Owners, Operators of Businesses,
and Tenants" (as herein defined and attached hereto as Exhibit
4A) as the Rules for Owner Participation with respect to the
Project Area heretofore established and the area proposed to be _
added to the Redevelopment Project Area pursuant to the Proposed
Amendment.
PASSED, APPROVED AND ADOPTED this 17th day of
June , 1986 .
JGZL/!1H—AtUSDORFER, CHA RMAN
ATTEST:
AGE R/' l RYvt i✓y t!/�
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, Secretary of the San Juan
Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that
the foregoing is a true and correct copy of Resolution No. CRA
86-6-17-4 , adopted by the Board of Directors of the San Juan
Capistrano Community Redevelopment Agency at a regular meeting
thereof held on the 17th_ day of June , 1986, by the
following vote:
AYES: Directors Friess, Buchheim,
and Chairman Hausdor£er
NOES: None
ABSENT: Directors Schwartze and Bland G[
(SEAL) � ;6 O -
MARY AM HAN ER,
AGENCY SECRETARY
dM
63
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and
says:
That she is the duly appointed and qualified Secretary
of the San Juan Capistrano Community Redevelopment Agency;
That in compliance with State laws of the State of
California and in further compliance with Resolution No. CRA
83-12-20-1 and on the 19th day of June 1986, she caused
to be posted:
RESOLUTION NO. CRA 86-6-17-4
being: APPROVING RULES FOR OWNER PARTICIPATION
(REDEVELOPMENT PLAN AMENDMENT 86-1)
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
RULES FOR OWNER PARTICIPATION PER REDEVELOPMENT
PLAN AMENDMENT 86-1
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
Qa
MARY ANN HANOVER, Sec etar 4
San Juan Capistrano Community
Redevelopment Agency
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SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
SAN JUAN CAPISTRANO, CALIFORNIA
RULES GOVERNING PARTICIPATION AND PREFERENCE
BY
OWNERS, OPERATORS OF BUSINESSES, AND TENANTS
IN THE
SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT
EXHIBIT 4A
• s
SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
RULES GOVERNING PARTICIPATION AND PREFERENCES
BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS
In the
SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT
SECTION I: GENERAL
These rules are promulgated to implement the provisions of the
Redevelopment Plan for the San Juan Capistrano Central Redevelop-
ment Project regarding participation and the exercise of prefer-
ence by owners, operators of businesses, and tenants in the
Project. These Rules set forth the procedures governing such
participation.
Participation is desired in the growth and development of the
Project Area by as many industrial and commercial owners, opera-
tors of businesses, and tenants as possible. The Agency shall
extend preferences to persons who are owners and tenants in the
Project Area to continue in or, if the Agency acquires the land of
an owner of the land on which a tenant is located, to re-enter the
Project Area if any such owner or tenant otherwise meets the
requirements prescribed in the Redevelopment Plan and in these
Rules.
The Agency is also authorized to permit persons who are owners of
businesses and other types of real property in the Project Area to
be given the opportunity to participate in the redevelopment of
the Project Area by retaining and, if necessary, rehabilitating
all or a portion of their properties by acquiring adjacent or
other properties in the Project Area, by selling their properties
to the Agency and purchasing other properties in the Project Area,
or by selling improvements to the Agency and redeveloping their
property. Participation opportunities shall necessarily be sub-
ject to and limited by such factors as the following:
1. Removal, relocation, and/or installation of public
utilities and public facilities.
2. The elimination and changing of some land uses.
3. The realignment, abandonment, widening, or opening of
public rights-of-way.
4. The ability of owners to finance acquisition and devel-
opment in accordance with the Plan.
5. Any reduction in the total number of individual parcels
in the Project Area.
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6. The assembly and development of areas for public and/or
private development in accordance with the Plan.
7. Relevant experience of the owners with respect to devel-
opment of similar character and quality as that contem-
plated by the Agency.
If conflicts develop between the desires of participants for
particular sites or land uses, the Agency is authorized to estab-
lish reasonable priorities and preferences among the owners and
tenants 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, and conformity with intent and purpose of the
Plan. Participation to the extent feasible shall be available for
two or more persons, firms, or institutions to join together in
partnerships, corporations, or other joint entities.
SECTION II: TYPES OF PARTICIPATION
Participation includes remaining in substantially the same loca-
tion, 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. An owner who participates in the same
location may be required to rehabilitate or demolish all or part
of his 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 existing owners and offering other parcels for
purchase by such participants. Participation also includes busi-
ness tenants obtaining preferences to re-enter the Project Area.
SECTION III: PARTICIPATION PROCEDURE
A. Certificates of Conformance
The Project Area contains many parcels of real property. As
a result, there is a need to simplify the availability of
participation opportunities. Therefore, as an alternative to
requiring a participation agreement for each property not to
be purchased or subject to Agency acquisition by eminent
domain, the Agency is authorized to make determinations of
those properties which conform to the Redevelopment Plan. If
such a determination is made by the Agency, then the property
will not be subject to eminent domain by the Agency, so long
as the property continues to conform to the Redevelopment
Plan and to such further terms and conditions as the Agency
may require as necessary to carry out the Plan, as stated in
the Certificate of Conformance. The Agency shall, in good
faith, review the property contained in the Project Area and
issue Certificates of Conformance to qualifying properties as
soon as possible, consistent with the redevelopment permitted
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the Agency pursuant to the Plan.
B. Participation Agreements
The Agency is authorized to enter into participation agree-
ments regarding properties not purchased or not to be
purchased by the Agency and not included in an Agency Certi-
ficate of Conformance. Each agreement will contain" provi-
sions 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 conditions, restric-
tions, rules, and regulations of the Redevelopment Plan and
the agreement. Each agreement will require the participant
to join in the recordation of such documents as the Agency
may require in order to ensure such development and use.
Participation agreements will be effective only if approved
by the Members of the Agency.
C. Statements of Interest
Before executing agreements with respect to the development
of property or making offers to purchase property in the
Project Area, the Agency shall notify the owners of any such
payments that the Agency is considering the approval of an
agreement with respect to the development of such property or
the acquisition of such property. Such notice shall be
deemed received where sent by certified mail, return receipt
requested. The Agency shall include a form entitled "State-
ment of Interest in Participating" with the notification.
Within 30 days of receipt of such notification, any owner
interested in participating in the Project Area shall file a
"Statement of Interest in Participating."
The Agency may disregard any Statements received after such
30 -day period. Any owner or tenant may also submit such a
Statement at any time before such notification.
The Agency shall consider such Statements as are submitted on
time and seek to develop reasonable participation for those
submitting such Statements whether to stay in place, to move
to another location, to obtain preferences to re-enter the
Project Area, etc.
SECTION IV: ENFORCEMENT
In the event a property is not developed or used in conformance
with the Redevelopment Plan, and with a Certificate 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.
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SECTION V: AMENDMENTS OF OWNER PARTICIPATION RULES 69
The Agency may amend these Rules at any meeting held after their
adoption.
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