M-5/24/1994 (2)
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.) reqmre that a redevelopment agency shall provide
for the participatIon of property owners, tenants and bUSIness occupants in the redevelopment of
a project area In conformance wIth the redevelopment plan, and that the redevelopment agency
shall, wIthIn a reasonable tIme before ItS approval of the redevelopment plan, adopt and make
aVaIlable for publIc InspectIon rules to Implement partIClpatlOn 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 m the benefits of the Santa
Momca 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 Governmg PartICIpatIOn and Preferences by Property Owners,
Tenants and Busmess Occupants m the Santa MOllIca 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
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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 followmg
vote.
Ayes: Agency Member
Abdo, Genser, Greenberg, Olsen, RosensteIn, Vazquez
Noes: Agency Member
None
AbstaIn' Agency Member
None
Absent Agency Member
Holbrook
ATTEST.
~f&~
~ SecretarY
RULES GOVERNING PARTICIPATION AND PREFERENCES
BY PROPERTY OWNERS AND BUSINESS OCCUPANTS
IN THE SANTA MONICA EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT
Adopted by:
Santa Momca 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" FOlU\.f 5
RULES GOVERNING PARTICIPATION AND PREFERENCES BY
PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE
SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT
I. [100] PURPOSE AND INTENT
These rules are adopted to Implement the provlSlons of the Redevelopment Plan for the Santa
MOnIca Earthquake Recovery Redevelopment ProJect regardmg particIpatIon and the exercIse of
preferences by property owners, busmess occupants and others wlthm the ProJect. These rules
set forth the procedures governing such preferences and participation.
The Callforllla CommullIty Redevelopment Law (Health and Safety Code SectIOn 33000 et seq.)
requires the adoptIon of these rules by the Agency to permIt partIcipatIon 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
objectIves of the Redevelopment Plan.
NotWlthstandmg any other provlSlons m these Rules, the partiCIpatIon m the Project WIll be
subJect to all apphcable CIty standards and ordmances
II. [200] DEFINITIONS
As used herem, the followmg defimtlons 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 MOnIca.
2) "Project Area" means the project area descnbed In 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, aSSOCIatIOn, partnershIp, or other entIty holdmg
fee tItle to or a long term lease of real property III the ProJect Area on the date of adoptIOn 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 III bus mess wIthm the ProJect Area on January
17, 1994 or on the date of adoptIon of the Redevelopment Plan by the City CouncIl, and theIr
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 eXlstmg Owners and, If they acqUlre property wIthm the Project Area,
partIcIpation may mvolve eXlstmg Busmess Occupants and others. An Owner who partIcipates
III the same locatIOn shall comply wIth all applIcable CIty standards and Ordmances
PartICIpatIOn also mcIudes 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 entItIes. The
Agency w1l1 not employ the use of emment domaIn m thiS ProJect.
IV. [400] PREFERENCES TO OWNERS AND BUSINESS OCCUPANTS WITHIN
PROJECT AREA
PartICIpatIon IS deSired m the rehabilItatIon and redevelopment of the ProJect Area by as many
Owners and Busmess Occupants as practIcable The Agency shall extend preferences to Owners
and Busmess Occupants to contInue m or, If the Agency acqUIres the land of a property Owner
or the land on whIch an eXIstIng Busmess Occupant IS located, to reenter in busmess wIthm the
Project Area If any such Owner or Busmess Occupant meets the reqUIrements prescnbed m the
Redevelopment Plan and m these rules.
Busmess Occupants WIthIn the ProJect Area who deSIre to contInue or reenter m busmess WithIn
the Project Area shall be extended a reasonable preference to acqUIre and develop substitute
locatIOns for such purpose wlthm the ProJect Area at such tImes as the Agency IS able to make
aVallable for pnvate development for such purpose propertIes wIthm the ProJect Area; proVIded,
however, that such development WIll be conSIstent WIth and WIll not ImpaIr the objectIves 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, corporatIOns, or other Jomt entItIes
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 takmg other actlOns which may mvolve the acqulSltlOn of
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real property In 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 In
particIpatIng in the proposed development or III 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 consldenng 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 mc1ude mformatlOn requested by the Agency and shall be In the form reqUIred
by the Agency
Any Owner, BUSIness 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 submlttmg such Statements whether to stay In place, to move
to another locatIOn, or to obtaIn preferences to reenter In bUSIness wlthm the ProJect Area. The
Agency may m Its sole dIscretIon determme that a partiCipatIOn proposal IS not feaSible or
otherwise In the best Interest of the Redevelopment ProJect or the commumty, or IS otherWIse
lImited by one or more of the cntena set forth 10 SectIon 400 hereof In such event, the Agency
shall select a developer from among prospectIve partICIpants submittIng Statements of Interest and
others mvIted to submIt proposals
B. [502] PARTICIPATION AGREEMENTS
1. [503] GENERAL
PublIc and pnvate Owners or Busmess Occupants wlshmg to develop or Improve their propertIes
WIthIn 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 PartIcIpatIon Agreement shall oblIgate the Owner, or his/her hem, and successors and aSSIgns,
and/or a BUSIness Occupant to acqUIre, rehabIlitate, develop and use the property In conformance
WIth the Redevelopment Plan and to be subJect to such other proVISlOnS and condItions of the
Redevelopment Plan for the penod of tIme that the Redevelopment Plan IS In force and effect,
exceptmg those provlSlons related to non-dlscnminatlOn and non-segregatIon which shall run In
perpetUIty.
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Each PartiCIpation Agreement wIll reqmre the partIcIpant to JOIll III the recordatIon of such
documents as the Agency may reqUIre III order to Illsure the property will be acquired,
rehabIlItated, developed and used III accord WIth the Redevelopment Plan and the agreement.
PartICIpatIon Agreements WIll be effectIve 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 meetIng or duly called SpecIal meeting held
after thelr adoption, but only after notIce 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 notIce IS at the dIscretion of the Agency.
No such amendment shall retroactIvely Impatr the rights of any partIes who have executed
PartIclpatlOn Agreements WIth the Agency III rehance upon these rules as presently constItuted.
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STATEMENT OF INTEREST IN PARTICIPATING
I hereby express my mterest In partIcIpatmg In the Redevelopment ProJect and submIt the
followmg mformatlon:
1.
Name
Telephone
2. Home Address
3. Name of Busllless
4. Address of Busmess
5. My present involvement m the ProJect Area is
I now own property III the ProJect Area
I now lease property III the Project Area
ExplaIll:
6. I am Illterested III partlclpatmg
As a Property Owner
As a Tenant
7. If I partICIpate
I would lIke to contlllue at the same locatIon
I would lIke to change my present locatIon
I would lIke to acqUIre real property for expanSIon (indIcate approXImate requirements)
REMARKS:
I understand that submISSIon of tlus Statement of Interest form does not obhgate me to participate
If the Redevelopment Plan IS carned out, not does It mdIcate an opImon concermng the Santa
Momca Earthquake Recovery Redevelopment Project.
Date
. 19_ SIgned
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