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HomeMy WebLinkAboutRDA 5 CTFS OF CONFORM 08-21-89,9ATE: AUGUST 21, 1989 !~15_89 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 · · · · .. · · 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 · · 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 ....... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 20 21 22 23 24 25 26 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