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Resolution Number CRA 83-5-17-2257 RESOLUTION NO. CRA 83-5-17-2 RULES GOVERNING PARTICIPATION AND PREFERENCES A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES IN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AND AUTHORIZING TRANSMITTAL OF SAID RULES TO THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the California Community Redevelopment Law provides for participation and preferences by Owners, Operators of Business and Tenants within a redevelopment project area; and, WHEREAS, the California Community Redevelopment Law requires the Agency to adopt rules respecting the aforementioned participation and preferences. NOW, THEREFORE, the San Juan Capistrano Community Redevelopment Agency does resolve as follows: SECTION 1. The Rules Governing Participation and Preferences by Owners, Operators of Business and Tenants in the San Juan Capistrano Central Redevelopment Project, attached as Exhibit "A and by reference thereto made a part hereof, are hereby adopted. SECTION 2. The Executive Director Agency is hereby authorized and public inspection these adopted Preferences. of the Community Redevelopment directed to make available for Rules Governing Participation and -1- EXHIBIT A n 258 SECTION 3. The Executive Director of the Community Redevelopment Agency is hereby authorized and directed to transmit a copy of the Rules Governing Participation and Preferences together with a copy of this Resolution to the City Council of the City of San Juan Capistrano. PASSED, APPROVED AND ADOPTED this 17th day of _ May , 1983 , by the following vote, to t: AYES: Directors Friess, Bland, Buchheim, Schwartze and Chairman Hausdorfer NOES: None ABSENT: None ATTEST: SECRETART— 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 fore ggoing is a true and correct copy of Resolution No. CRA 83-5-17-2 , 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 May r 1983. ( SEAL) R Y ANN,- ,- `MARVER, SECRETARY -2- 259 SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY SAN JUAN CAPISTRANO, CALIFORNIA RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESS, AND TENANTS In The SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT Exhibit "A" n 2 e. a 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 1 - GENERAL. These rules are promulgated to implement the provisions of the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project regarding participation and the exercise of preference by owners, operators of business, 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, operators of business 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 business 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 subject 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 development in accordance with the Plan. 5. Any reduction in the total number of individual parcels in the Project area. 6. The assembly and development of areas for public and/or private development in accordance with the Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish 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; 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 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. 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 business 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 by the Plan and specific designs for development adopted by the Agency pursuant to the Plan. B. Participation Agreements. The Agency is authorized to enter into participation agreements regarding properties not purchased or not to be purchased by the Agency and not included in an Agency Certificate of Conformance. 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 Redevelopment Plan and the agreement. -2- 262 Each agreement will require the participant to join in the recordation of such documents as the Agency may require in order to insure such development and use. Participation agreements will be effective only if approved by the Members of the Agency. C. Statements of Interest. Before making offers to purchase property in the Project area, the Agency shall notify the owners of any such properties by certified mail, return receipt requested that the Agency is considering the acquisition of such property. The Agency shall include a form entitled "Statement 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. Section V - AMENDMENTS OF OWNER PARTICIPATION RULES. The Agency may amend these Rules at any meeting held after their adoption. -3- 2 63 e REVISIONS 1. At Section I, page 2, after indented paragraph #6, insert: "7. Relevant experience of the owners with respect to development of similar character and quality as that contemplated by the Agency." 2. At Section III, part C, page 3, revise first sentence to read: "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." 3. Except as expressly amended Original Rules (Exhibit A to this Exhibit B is attached) and effect. as set forth above, the the Resolution to which shall remain in full force EXHIBIT B