Loading...
HomeMy WebLinkAboutRDA CTF OF CONFORM 05-01-89 .-, REDEVELOPMENT. AGENCY ~ .... ~"~ NO. 6 ~ ~ .,.? 5 - 1- 8 9 TO: 'FROM: SUBJECT: WILLINI A. HUSTON, EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT CERTIFICATE OF CONFOltIIAMCE RECOI~ENDATION It is recommended that the Community Redevelopment Agency: (1) Approve by Minute Order as to form, the attached Certificate of Conformance; and (~) Direct staff to issue Certificates accordingly: Be Prospect Park Homeowner's Association (40 separate owners and owners association) 201 to 392 South Prospect. b. Palmwood Homeowner's Association - 435 E. First Street. c. Packer's Circle Homeowner's Association - 1101 to 1181 Packers Circle. d. Tustin War Memorial Inc. - 150 E. First Street. BACKGRQUND On February 21, 1989 and March 6, 1989 the City Council and Community Redevelopment Agency held a joint public hearing to consider the proposed second amendment to the Town Center Redevelopment Plan. During the hearing certain property owners voiced their concerns regarding possible condemnation of their properties by the Agency. Staff informed the owners that a Certificate of Conformance process would be implemented after the adoption of the second amendment. ANALYSIS Written reqUests have been received from 1;hree Homeowner's Association Boards and various commercial property owners for issuance of a Certificate of Conformance with the Town Center Redevelopment Plan. Upon receipt of such a request, staff performs an analysis to determine if the use and operation of certain real property conforms to the requirements of the Redevelopment Plan. If the property conforms to the plan, then a certificate may be issued by the Agency .to the .property owner and recorded by the owner. However, if the owner desires (after receiving a Certificate of Conformance) to Community Redevelopment Agency Report Certificate of ConfOrmance · May 1,- 1989 Page two.. : · - ' (1) construct any additional improvements or substantially'alter or modify existin'g structures on ~.ny of the real property described as conforming and/or (2) acquire additional property within the Project area, the owner may be required by the Agency to enter into a participation agreement with the Agency. The Certificate of Conformance has been reviewed and approved by the City Attorney as to its content and form. CONCLUSTON i Staff has performed an analysis on the four (4) projects previously listed and has found them to be in conformance with the zoning ordinance, land use plan and the redevelopment plan. Therefore, staff recommends that the 4 projects receive a Certificate of Conformance from the Agency. Mary Ann Chamberlain Associate Planner MAC' CAS- ts Attachment Christine A. Shingle~ton Director of Communi~ Development Cornrnuni~y Developmen~ Deparirnem RECORDING REQUESTED BY ~ REDEVELOPMENT AGENCY CITY HALL CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 92680 ,4AIL TO' . · · ® · ® · SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF CONFORMANCE THIS CERTIFICATE, consisting of this text and the attachnmnt attached hereto and made a part hereof, is granted this day of , 19____, by the Tustin Con~nunity Redevelopnmnt Agenc~ {ihe ~'Agency'') t~-- · i i (the "Property Owner"). I. SUBJECT OF THIS CERTIFICATE A. Purpose The purpose of this Certificate is to effectuate the Redevelopment Plan {the "Redevelopnmnt Plan") for the Tustin Town Center Redevelopment Project (the "Project") and to certify, subject to certain conditions specified herein, that certain real property owned by the Property Owner, designated and referred to herein as the "Site" conforms to the uses, requirements and other provisions of the Redevelopment Plan for the Project. B. The Redevelopment Plan This Certificate is subject to the provisions of the Redevelopment Plan which was amended and adopted by the City Council of the City of Tustin on November, 1976, by Ordinance No. 701 and amended on March'20, 1989, by Ordinance No. 1021. The 'Redevelopment Plan is incorporated herein by this reference and made a part hereof as though fully set forth herein. C. The Project Area The Project area is located in the City of Tustin, California, the boundary of which is specifically described in the Redevelopment Plan. D. The Si te The Site is that portion of the Project area shown on the "Site Map" which is attached hereto as Attachment No. 1 and incorporated herein by this reference, and descri bed as follows' E. The P_roperty. Owner The Property Owner owns the Site in fee. The Property Owner's mailing address · II. USE OF SITE AND CERTIFICATION' OF CONFORMANCE The Site Is presently used for use(s), such uses are hereby certified to fully comply ~ith the-Uses Specified for the Site by the Redevelopment Plan. It is hereby further certified that the Site fully complies with all other provisions of the Redevelopment Plan. The Property Owner and all successors in interest shall use, enjoy and' maintain the Site in conformity with the Redevelopment Plan and this Certificate. Any change in the use of the Site shall be subject to prior written approval by the Agency. III. WAIVER OF RIGHT OF EMINENT DOMAIN BY AGENCY The Agency hereby waives its legal right to acquire the Site by eminent domain in order to enable the Property Owner to use and enjoy the Site in accordance with the Redevelopment Plan, provided that the obligations, terms and conditions set forth in the Redevelopment Plan and this Certificate are imposed upon the use and enjoyment of the Site and are carried out and observed in accordance with this Certificate. In the event of a breach 'by the Property Owner or any successor in interest in any of the obligations, terms and conditions imposed by the Redevelopment Plan or this Certificate, the Agency by action of its Board may by prior written notice revoke this Certificate, and shall have the right at any time thereafter during the existence of the Redevelopment Project to exercise its powers of eminent domain to acquire the Site or any portion thereof or interest therein. Signed and Certified' Chairman Tustln Community Redevelopment Agency Attest: By my signature below, I acknowledge that I have read this Certificate of Conformance, and accept the Certificate as set forth hereinabove. Secretary Tustin Community Redevelopment Agency Property Owner -2-