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HomeMy WebLinkAbout1973-05 CRA ", . r . a. . RESOLUTION NO. 73-5 A RESOLUTION OF THE CITY OF SANTA ANA REDEVELOPMENT AGENCY ADOPTING CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA RULES TO EXTEND REASONABLE PREFERENCE TO PERSONS IN BUSINESS PURSUANT TO THE CALIFORNIA COMMUNITY REDEVELOPMENT ACT WHEREAS, Section 33339.5 of the California Health and Safety Code, Community Redevelopment Act states: "Every redevelopment agency shall extend reasonable preference to persons who are engaged in business in the project area to re-enter in business within the redeveloped area if they otherwise meet the requirements prescribed by the redevelopment plan. with respect to each redevelopment project, each agency shall, within a reasonable time before its approval of the redevelopment plan, adopt and make available for public inspection rules to implement the operation of this section in connection with the plan." WHEREAS, the City of Santa Ana Community Redevelopment Com- mission, at a meeting held April 17, 1973, recommended to the Community Redevelopment Agency, that it adopt the City of Santa Ana Redevelopment project Rules to Extend Reasonable Preference to Persons in Business Pursuant to the California Community Redevelopment Act, which are attached hereto, and incorporated herein by reference and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana, California, as follows: 1. That certain document entitled "CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA RULES TO EXTEND REASONABLE PREFERENCE TO PERSONS IN BUSINESS PURSUANT TO THE CALIFORNIA COMMUNITY RE- DEVELOPMENT ACT", a copy of which is attached hereto, and incor- porated herein by reference and made a part hereof, is hereby approved and adopted. 2. That the rules set forth in the aforementioned document provisions shall be made available for public inspection immediately upon adoption of this resolution. APPROVED AND ADOPTED this 7th day of May, 1973. ~~ f , . L . Resolution 73-5 Approved as to legal form and adequacy this ~ day of h)""I ' 1973. James A. Withers, City Attorney By Charles J. Liberto, Assistant City Attorney I hereby certify that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at a regular meeting thereof, held on the 7th day of May, 1973, by the following vote of the Agency: Members: AYES: Yamamoto, Ward, Garthe, Griset NOES: Evans ABSENT: Markel, Patterson .J ~::l~ta~ 1 ,. - . - THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA RULES TO EXTEND REASONABLE PREFERENCE TO PERSONS IN BUSINESS PURSUANT TO THE CALIFORNIA COMMUNITY REDEVELOPMENT ACT 1. Purpose. These rules have been adopted by the Community Redevelopment Agency of the City of Santa Ana, California (hereinafter called the "Agency") pursuant to Section 33339.5 of the Health and Safety Code (California Community Redevelopment Act) to accord businesses, displaced by the redevelopment within the City of Santa Ana Redevel- opment Project Area (hereinafter called "Project Area") but desirous of re-entering business within the project Area, preference in ob- taining a new business location therein. It is the intention of the Agency to encourage, to the greatest extent practical, the retention and re-establishment of existing businesses in the project Area. 2. Applj cabili,!y. The preference established by these rules shall apply for the benefit of persons, partners:lips, associations and corporations that are owne=s and occupants, owners but not occupants, lessees or tenants, of business property within the Project Area the title to which is acquired by the Agency or the possessory right to which is lost as a result of its rehabilitation. 1 - ~ . . . . . . 3. Nature of Preference. The preference shall consist of the first right to purchase from the Agency similar property in the project Area at the fair market value thereof as determined by the Agency. or the first right to lease similar property in the Project Area at the rent established by the owner thereof. (Such similar property is hereinafter referred to as the "new location.") Preferences shall not be transferable or assignable. Preferences may be consolidated with the prior written consent of the Agency for joint redevelopment of new locations by groups of individuals, joint ventures, partnerships and corporations. 4. Compliance with Redevelopment Plan. New locations shall be on parcels delineated by the Agency and shall be developed, used and maintained in accordance with the Redevelopment Plan for the Project Area. 5. Reqistration of owners and occupants of old locations desirinq to re-enter business in the proiect Area. To be entitled to the preference the owners or occupants of old locations must, prior to losing possession thereof. register with the Agency their desire to re-enter business in the Project Area. Such registration shall be made on forms provided by the Agency and shall consist of detailed information regarding the old location and the desired new location. The Agency will maintain each registration on file until the same is withdrawn. a new location is secured, or reasonable preference as determined by the Agency has been extended to and rejected by the registrant. -2- f '. I . ~ . ~ . , 6. Notice to Reqistrants of Availability of New Locations. From time to time as properties within the project Area become available for sale by the Agency or for lease by the owners thereof, the Agency will, in writing, notify those registrants who have indicated a desire to purchase, or lease, as the case may be, properties of similar type or description. Such notice shall contain a description of the property, the terms of sale or lease thereof and the period of time, not less than ninety (90) days, in. the case of purchase or thirty (30) days in the case of lease, within which the registrant may exercise his preferential right to purchase or lease the same on the terms stated. 7. Relative Riqhts of Holders of Preferences. In the event two or more holders of preferences elect to exercise their rights to purchase or lease the same ~roperty, one shall be selected ~y the Agency and such selection shall be con- clusive and final. In making such selection owners will be given preference over tenants. The Agency shall also take into consider- at ion such circumstances as it cons~ders material with a view to achieving the best and fastest redevelopment of the Project Area and to giving fair and equal treatment of all registrants. The Agency may consider: ('3.) Whether an owner desires to re-enter business as an owner-occupant, a lessee or as a non-occupying owner. (b) Whether a lessee desires to re-enter business as an owner-occupant, a lessee or an a non-occupying owner. -3- f . , "; :. . ." . (c) Whether the registrant desires a new location for the same type of business as conducted at the old location. (d) Whether the desired new location is the same size as, or larger or smaller than. the old location. {e} The hardship to the registrant as a result of loss of possession of the old location. In the event that an equitable selection cannot be made after - applying the above rules, the Agency shall sell the contested parcel to the highest bidder. 8. Amendment. The rules may be amended from time to time by the Agency. . I I. -4- f