HomeMy WebLinkAboutRDA 5 CTFS OF CONFORM 08-21-89,9ATE: AUGUST 21, 1989
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Inter Corn
REDEVELOPMENT AGENCY
N
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
COMHUNII~ DEVELOPMENT DEPARTMENT
CERTIFICATES OF CONFOI~IANCE
RECOMINENDED ACTION
It is recommended that the City Council adopt Resolution No. RDA 89-20 declaring
certain properties exempt from acquisition by eminent domain.
BACKGROUND
In May 1989 the Agency approved the issuance of Certificates of Conformance for
certain residential properties pursuant to the Amended Town Center Redevelopment
Plan. A copy of the staff report is attached which discusses the properties
involved. Since the Agency has approved the Certificates, staff has been working
with the property owners and the City Attorney's office to get the documents recorded
on the deeds to each site. Unfortunately, the County Recorder has had problems
recording the documents and has refused recording any certificates to date.
In order to meet the provisions of the California Government Code, the City AttOrney
has prepared a resolution. This resolution declares the Agency's intent to waive
its' right to condemn the property described on the attached Certificate of
Conformance. A copy of this resolution would then be attached to each certificate
issued by the Agency. The revised format would then be acceptable to the Recorder's
Office.
CONCLUSION
To alleviate the residents' concerns and process the documents as promptly as
possible, staff suggests that the Agency approve the attached resolution. Once
approved, all property owners who received a certificate will receive a copy of the
resolution with the proper processing instructions.
[aura C. Kuhn
Senior Planner
Attachments:
May Staff Report
Resolution RDA 89-20
~ChriStine A. Shinglejfon
Director of Community Development
RFDEVkLUPMkNI Aii~NCY
inter_ Corn ,
TO:
FROM:
SUBJECT:
WILLIAN A. HUSTON, EXECUTIVE DIRECTOR.
COMMUNITY DEVELOPl4ENT-- DEPARTMENT
CERTIFICATE OF CONFORKANCE
RECOMMENDATION
It is recommended that the Community Redevelopment Agency'
(1) Approve by Minute Order as to form, the attached Certificate of
Conformance; and
(2) Direct staff to issue Certificates accordingly-
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.
Ce
d~
Packer's Circle Homeowner's Association - 1101 to 1181~Packers Circle.
Tustin War Memorial Inc. - 150 E. First Street.
BACKGROUND
On February 21, 1989 and March 6, 1989 the City Council and Community
ReUevelopment Agency .he.!d.a joint public hearing to ._consi der the proposed second
amendment to the Town Center Redevelopment Plan. During the hearing certain
property owners voiced their concerns regarding possible condemnati'on of their
properties by the Agency. Staff informed the owners that a Certificate of
Conformance process would be implementeU after the adoption of the second
amendment.
ANALYSIS
i i ii
Written requests have been received from three 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
Certl flcate of Conformance
"'May 1, 1989
Page two.. :
(1). construct, any addltiona] improvements or substantially alter or~ modlfy
exlstJn'g structures on any of the rea] property described as conforming and/or
(2) acquire addltlona] 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 Clty
Attorney as to its content and form.
·
CONCLUSION
i i 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.
.,. ......... :. .... ,... ~'L ~ ~' ~/,,.~ (....- ' ,..
Mary An6 Ch~m66~lain ..........
Associate Planner
MAC: CAS: ts
Attachment
/Z .
Chrlstin~ 'A. ~'~i n gl e~,ton
......
Director of Community Development
_.
RECORDING REQUESTED BY ,..._.' MAIL TO: .
REDEVELOPMENT AGENCY .
CITY HALL :
CITY OF TUSTIN ·
300 CENTENNIAL WAY
'TUSTIN, CALIFORNIA 92680
·
~ ~ : : i llll~ i i i i i i [" m
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· SPACE ABOVE THIS LINE FOR RECORDER'S USE
mi II1 IL~I I 11 ~ , I mm U II I I ! --
CERTIFICATE OF CONFORMANCE
·
THIS CERTIFICATE, conslstln.g of this text and the attachment attached hereto
and made a part hereof, is granted this day of , 19 , by
the Tusttn Community .Redevelopment Agenc~(l~he "Agehcy") t~ '~'~ ~ ~ ---
(the "Property Owner")·
· ILl I L ,
I. SUBJECT OF THIS CERTIFICATE
A. Purpose
The purpose of this Certificate is to effectuate the Redevelopment Plan (the
"Redevelopment Plan") for the Tustln Town Center Redevelopment Project (the
"Project") and to certify, subject to certatn condttlons specified herein, that
certaln real property owned by the Property Owner, designated and referred to
heretn as the "Site" conforms to the uses, requirements and other provisions of the
Redevelopment Plan for the Project·
B. The....Redev.el opment Plan
·
This Certificate Is subject to the provisions of the Redevelopment Plan which
was amended and adopted by the City Counctl of the Clty of Tustln 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 Tustln, 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
described as follows:
is
E. The, Property C~ner
The Property Owner owns the Site in fee. The Property Owner's mailing address
·
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II. USE OF SITE AND CERTIFICATION OF CONFORMANCE
The Site Is presently used for use(s), such uses
are hereby certified to fully comply~ with 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 al.1 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 bt. each 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
~ithat I have read this Certificate of
- Conformance, and accept the Certificate
as set forth hereinabove.
Secretary
Tustln Community Redevelopment Agency
Property OWn jr .......
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RECORDING REQU~ _D'BY AND MAIL TO:
REDEVELOPMENT AGENCY
CITY HALL
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CALIFORNIA 92680
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. RDA 89-20
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF TUSTIN, CALIFORNIA DECLARING CERTAIN
PROPERTY EXEMPT FROM ACQUISITION BY EMINENT DOMAIN
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33399(g)
WHEREAS the property owner(s) of certain property has (have) requested
that the Tustin Community Redevelopment Agency approve and declare certain
property exempt from acquisition by the Agency by the exercise of its power
of eminent domain, and
WHEREAS, the Agency staff has reviewed and reported to the Agency that
the subject property is in conformance with the uses specified for the
property in the Tustin Community Redevelopment Plan for the Project area in
which the said property is located and the property complies with all other
provisions of the Tustin Community Redevelopment Plan,
NOW THEREFORE, the Tustin Community Redevelopment Agency does hereby
resolve that the property shown and described in the Certificate of
Conformance attached hereto and incorporated herein by this reference shall
be exempt from acquisition by t. he Agency through exercise of its power of
eminent domain and the Redevelopment Agency shall have no power to acquire
said property by exercise of its power of eminent domain so long as the
property is used in conformity with the Redevelopment Plan and/or unless
the Redevelopment Plan is hereafter amended to expressly make the property
subject to acquisition by the Agency by exercise of its power of eminent
dom~i n.
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Resolution No. RDA 89-20
August 21, 1989
Page two
The Chairman and Secretary of the Agency are hereby authorized and
directed to execute the attached Certificate of Conformance and cause a
copy of this Resolution to be recorded with the Recorder of the County of
Orange or delivered to the Property Owner(s).
PASSED AND ADOPTED by the Community Redevelopment Agency, at a regular
meeting on the ~day of , 1989.
Ursula E. Kennedy
Chair
Mary Wynn
City Clerk