R-442
RESOLUTION NO. 442 (RAS)
A RESOLUTION OF mE REDEVEWPMENT AGENCY OF THE
CITY OF SANTA MONICA ADOPTING RULES GOVERNING
PARTICIPATION Al''D PREFERL","CES BY PROPERTY OWNERS,
TENANTS AND BUSINESS OCCUPANTS IN THE SANTA MONICA
EARlHQUAKE RECOVERY REDEVEWPMENT PROJECT
WHEREAS, Sections 33339,33339.5 of the California Commumty Redevelopment Law
(Health and Safety Code Sectlon 33000 et seq.) reqUIre that a redevelopment agency shall provIde
for the partiCIpatIOn of property owners, tenants and bUsllless occupants in the redevelopment of
a project area III conformance WIth the redevelopment plan, and that the redevelopment agency
shall, WIthIn a reasonable tlme before 11S approval of the redevelopment plan, adopt and make
aVaIlable for publIc lllspectlOn rules to Implement partICIpatiOn under the redevelopment plan; and
WHEREAS, the Agency deSIres to proVIde systematIc and eqmtable procedures for
property owners, tenants, busmess occupants and others to partICIpate In the benefits of the Santa
MOllIca Earthquake Recovery Redevelopment Project.
NOW, mEREFORE, BE IT RESOLVED BY mE REDEVELOP.MENT AGENCY
OF THE CITY OF SANTA MONICA AS FOLLOWS:
SectIOn 1. The "Rules Govermng PartICIpatIOn and Preferences by Property Owners,
Tenants and Busmess Occupants m the Santa Momca Earthquake Recovery Redevelopment
ProJect", attached hereto as ExhIbit "A" and by reference made a part hereof, are hereby
adopted
SectIOn 2.
The Secretary shall certIfy to the adoptIOn of thIS ResolutIon.
APPROVED AS TO FORM.
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Adopted and approved this 24th day of May. 1994
Q~6
r Chair
I hereby certIfy that the foregOIng ResolutIOn No. 442 (RAS) was duly adopted at a
meetIng of the Redevelopment Agency held on the 24th day of May, 1994 by the folloWIng
vote.
Ayes: Agency Member
Abdo. Genser. Greenberg, Olsen, RosensteIn, Vazquez
Noes: Agency Member
None
AbstaIn' Agency Member
None
Absent Agency Member
Holbrook
ATTEST.
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---------- SecretarY
RULES GOVERNING PARTICIPATION AND PREFERENCES
BY PROPERTY OWNERS AND BUSINESS OCCUPANTS
IN THE SANTA MONICA EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT
Adopted by:
Santa MOllica Redevelopment Agency
Dated May 24, 1994
ResolutIOn No.:
TABLE OF CONTENTS
Pal!e
I. [100] PURPOSE AND INTENT 1
II [200] DEFINITIONS
III [300] TYPES OF PARTICIPATION/COMPLIANCE WITH 2
CITY STANDARDS AND ORDINANCES
IV [400] PREFERENCES TO EXISTING OWNERS AND BUSINESS 2
OCCUPANTS WITHIN PROJECT AREA
V. [500] PARTICIPATION PROCEDURES 2
A. [501] NOTICE AND STATEMENT OR INTEREST 2
B [502] PARTICIPATION AGREEMENTS 3
1. [503] GENERAL 3
2. [504] CONTENTS 4
VI [600] AMENDMENT OF RULES 4
"STATEMENT OF INTEREST IN PARTICIPATING" FORM_ 5
RULES GOVERNING PARTICIPATION AND PREFERENCES BY
PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE
SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT
1. [100] PURPOSE AND INTENT
These rules are adopted to Implement the provlSlons of the Redevelopment Plan for the Santa
Momca Earthquake Recovery Redevelopment Project regardmg partiCIpatIon and the exerCIse of
preferences by property owners, busmess occupants and others wIthm the Project. These rules
set forth the procedures governing such preferences and partIcipation.
The Cal1forma Commumty Redevelopment Law (Health and Safety Code SecMn 33000 et seq.)
requires the adoptlOn of these rules by the Agency to permIt parbcipabon m the redevelopment
of the Project Area by owners of real property and to proVIde for the extensIon of preference to
persons engaged m busmess wIthm the boundarIes of the Project Area conSIstent WIth the
obJechves of the Redevelopment Plan.
NotWlthstandmg any other provlSlons In these Rules, the partIclpatlOn m the Project WIll be
subject to all applIcable CIty standards and ordmances
II. [200] DEFINITIONS
As used herem, the followmg defimtIons apply'
1) "Redevelopment Plan" means the Redevelopment Plan for the Santa Moruca Earthquake
Recovery Redevelopment ProJect, as proposed to the CIty CounCIl of the City of Santa Momca.
2) "Project Area" means the project area descnbed III SectIOn 200 of the Redevelopment Plan
and shown on ExhIbIt "A", Redevelopment Plan Map, attached thereto.
3) "Agency" means the Santa Momca Redevelopment Agency.
4) "Owner" means any persons, corporatIon, aSSOcIatlOn, partnershIp, or other entIty holdmg
fee tItle to or a long term lease of real property m the Project Area on the date of adoptlOn of
the Redevelopment Plan by the City CounCIl, for so long as It holds such tItle or lease, and theIr
successors.
5) "Long Term Lease" means a lease of real property WIth a term of twenty (20) years or more,
WIth at least five (5) years remammg on such term
6) "Business Occupants" means persons engaged 10 bus mess wlthm the Project Area on January
17, 1994 or on the date of adoption of the Redevelopment Plan by the City CounCIl, and theIT
successors.
7) "PartiCIpatIOn Agreement" means an agreement entered mto by an Owner, Busmess
Occupant, or others with the Agency m accordance With the provlSlons of the Redevelopment
Plan and these rules.
III [300] TYPES OF PARTICIPATION/COMPLIANCE WITH CITY STANDARDS AND
ORDINANCES
ParticipatIOn may mvolve eXistmg Owners and, if they acqUlre property withm the Project Area,
partICIpation may mvolve eXIstmg Busmess Occupants and others. An Owner who partIcipates
III the same locatlOn shall comply with all apphcable CIty standards and Ordmances
PartIcipatlOn also mcludes the Agency buymg land and improvements at fair market value from
existmg Owners and offenng other parcels for purchase by such Owners, or offenng an
opportumty for such Owner to develop property Jomtly WIth other persons or entItles. The
Agency WIll not employ the use of emment domaIn m thIS Project.
IV. [400] PREFERENCES TO OWNERS AND BUSINESS OCCUPANTS WITHIN
PROJECT AREA
PartlCipat:J.on IS deSired m the rehabilItat:J.on and redevelopment of the Project Area by as many
Owners and Busmess Occupants as practIcable The Agency shall extend preferences to Owners
and BUSIness Occupants to contInue m or, If the Agency acqmres the land of a property Owner
or the land on WhICh an eXIsung Busmess Occupant IS located, to reenter in busmess wlthm the
Project Area If any such Owner or Busmess Occupant meets the reqUIrements prescnbed III the
Redevelopment Plan and m these rules.
Busmess Occupants wlthm the Project Area who deSIre to contmue or reenter m busmess WIthm
the Project Area shall be extended a reasonable preference to acqUIre and develop substitute
locatlOns for such purpose withm the Project Area at such tImes as the Agency IS able to make
aVaIlable for pnvate development for such purpose propertIes wlthm the Project Area; proVided,
however, that such development Will be conSIstent WIth and Will not ImpaIr the obJectlves of the
Redevelopment Plan as determmed by the Agency and IS subject to all applIcable City standards
and Ordinances.
PartiCipatIon to the extent feaSible shall be available for two or more persons, firms or
mstItutIons to Jom together III partnerships, corporatlOns, or other Jomt enhtles
V [500] PARTICIPATION PROCEDURES
A. [501] NOTICE AND STATEMENT OR INTEREST
Before entenng mto any PartiCIpatiOn Agreements, diSpOSItiOn and development agreements,
exclUSive negotiatiOn agreements, or talang other actlOns which may Involve the acqulSltlOn of
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real property m the Project Area, the Agency shall first notify Owners, and BUSIness Occupants
of property WhICh may be acqulfed and call upon them to subnnt Statements of Interest m
particIpating in the proposed development or In otherwIse partiCIpating ill the redevelopment of
the ProJ ect Area.
The Agency shall delIver to each Owner and BUSIness Occupant of real property whIch may be
acqUIred, a form Statement of Interest at least forty-five (45) days pnor to consIdenng any of the
actIOns requmng acqulSltlOn of real property. Those desmng to submIt Statements of Interest
must complete and submIt such statements to the Agency within thirty (30) days of receIpt Such
statements shall Include Information requested by the Agency and shall be In the form reqUIred
by the Agency
Any Owner, Busmess Occupant, or other persons may also submIt such a Statement at any time
before such notification.
The Agency shall consider such Statements as are submItted on time and shall seek to develop
reasonable partiCIpation for those submIttIng such Statements whether to stay In place, to move
to another locatIOn, or to obtaIn preferences to reenter In bUSIness WithIn the Project Area. The
Agency may In Its sole discretion determIne that a partICIpatIOn proposal IS not feaSIble or
otherwIse III the best Illterest of the Redevelopment Project or the commumty, or IS otherWIse
lImIted by one or more of the CrIterIa set forth m Section 400 hereof In such event, the Agency
shall select a developer from among prospectIve partICIpants submIttIng Statements of Interest and
others Invited to submlt proposals
B. [502] PARTICIPATION AGREEMENTS
1. [503] GENERAL
PublIc and pnvate Owners or Busmess Occupants wIshmg to develop or Improve theIr properties
wIthm the Project Area may be reqUIred, as a condItion to Agency approval of such
development, to enter mto a wntten PartICIpatiOn Agreement WIth the Agency If the Agency
determmes It IS necessary to Impose upon such property any of the standards, restnctlOns and
controls of the Redevelopment Plan or of any deSign gUide adopted by the Agency pursuant to
the Redevelopment Plan.
2. [504] CONTENTS
A PartIcipabon Agreement shall obhgate the Owner, or hIs/her hem, and successors and aSSIgns,
and/or a BUSIness Occupant to acqUIre, rehabilItate, develop and use the property 10 conformance
WIth the Redevelopment Plan and to be subject to such other provlSlons and condItIons of the
Redevelopment Plan for the penod of time that the Redevelopment Plan IS 10 force and effect,
exceptmg those provlSlons related to non-dIscnminatlOn and non-segregation whIch shall run III
perpetUIty.
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Each PartiCIpation Agreement WIll reqUIre the partIcIpant to JOlll III the recordatIon of such
documents as the Agency may reqmre III order to lllsure the property will be acquired,
rehabIlItated, developed and used In accord WIth the Redevelopment Plan and the agreement.
PartICIpatIon Agreements WIll be effecttve only if approved by a majority vote of the members
of the Agency.
VI. [600] AMENDMENT OF RULES
The Agency may amend these rules at any regular meettng or duly called SpecIal meetlng held
after thelr adoption, but only after nottce to the Agency members and the pubhc. The text of
the proposed change shall be furmshed along WIth the notIce of the meetmg. Such notlce shall
be dehvered at least fourteen (14) days before the date of the meetIng at whIch the proposed
amendment will be considered The method of nottce IS at the dIscretion of the Agency.
No such amendment shall retroacttvely Impatr the rights of any parttes who have executed
PartIclpatlOn Agreements WIth the Agency 1ll rehance upon these rules as presently constItuted.
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STATEMENT OF INTEREST IN PARTICIPATING
I hereby express my mterest In part1c1patmg In the Redevelopment Project and submit the
followmg mformat1on:
1.
Name
Telephone
2. Home Address
3. Name of BUSiness
4. Address of Busmess
5. My present involvement in the Project Area is
I now own property m the Project Area
I now lease property m the Project Area
Explatn:
6. I am mterested m part1c1patmg
As a Property Owner
As a Tenant
7. If I partIC1pate
I would l1ke to contmue at the same locatlon
I would l1ke to change my present loeatlon
I would lIke to acqUIre real property for expansIon (indIcate approxImate requirements)
REMARKS:
I understand that subm1ss1on of tills Statement of Interest form does not obhgate me to participate
1f the Redevelopment Plan 1S earned out, not does 1t mdlcate an opmlOn concermng the Santa
Momca Earthquake Recovery Redevelopment Project.
Date
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