1984-02 CRA - Laserfiche WebLink

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:., .. RESOLUTION NO. 84-2 PAGE THREE t (c) All property which fronts on First Street and that portion of South Main Street between First Street at the north and south to Warner Avenue, shall be ex- empt from acquisition by eminent domain pursuant to the Redevelopment Plan through December 31, 1988 and the Agency shall have no power of eminent domain as to those properties so described except for those public uses for which the City would be able to exercise eminent domain if there were no Redevelopment Plan. (d) With respect to the properties exempted from eminent domain pursuant to Section 1 subdivisions (a), (b) and (c), the Agency shall not request or cause the City to exercise its power of eminent domain in order to take any of the properties so exempted herein. As used herein, the term "Agency" means the members of the Community Redevelopment Agency of the City of Santa Ana or any successor organization acting in such capacity. . (e) During the period of time in which the properties are exempt from the Agency's power of eminent domain as described in Section 1, subdivisions (a), (b) and (c), above, and to the extent necessary to prevent their being taken by eminent domain by the Agency, said properties shall be deemed to be non-conforming uses under the Redevelopment Plan and the Agency shall allow them to remain in their present use and allow the structure so exempted to remain in their present structural configuration whether or not the said properties comply with the City's General Plan or the zoning or design standards for the South Main Street Redevelopment Project Area. . (f) Nothing in this section shall constitute a waiver or restriction on the right of the City or the Agency to take action including condemnation, with respect to violations of City or Agency codes or standards which are found to be a danger to the public health or safety, including those the City could abate in the absence of the Redevelopment Plan for the North Harbor Boulevard Redevelopment Project Area. Nevertheless, the power of the Agency will not be used to take any exempted property which is rendered contrary to the City's Zoning Ordinance as the result of Agency action.