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RDA Redevelopment Plans 2010-07
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RDA Redevelopment Plans 2010-07
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CM City Clerk-City Council
Document Date (6)
7/15/2010
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Chapter 3.12 <br />OWNER PARTICIPATION AND <br />BUSINESS REENTRY <br />Sections: <br />3.12.010 <br />Agency rules. <br />3.12.020 <br />Owner participation in <br />redevelopment. <br />3.12.030 <br />Participation agreements. <br />3.12.040 <br />Business reentry <br />preference. <br />3.12.010 Agency rules. <br />The provisions of this chapter shall be <br />implemented according to the owner partici- <br />pation and business reentry preference rules <br />adopted by the agency (the "rules"). When <br />there is a conflict between the provisions for <br />owner participation and reentry preference <br />in the plan and the provisions in the rules, <br />the provisions in the plan shall prevail. (Ord. <br />99-025 § 204.1, 1999) <br />3.12.020 Owner participation in <br />redevelopment. <br />The agency will extend to owners of real <br />property in the project area a reasonable op- <br />portunity to participate in redevelopment of <br />the property. Owner participation projects <br />must conform to the plan and the rules. <br />An owner may participate by remaining <br />in substantially the same location and retain- <br />ing and redeveloping all or portions of the <br />property. An owner may also purchase adja- <br />cent property to redevelop together with the <br />property retained. A property owner may <br />affiliate with another person or entity to <br />jointly propose an owner participation pro - <br />j ect. <br />3.12.010 <br />Participation opportunities will necessari- <br />ly be limited by factors relating to imple- <br />mentation of the plan, such as the elimina- <br />tion of certain land uses, the alteration of <br />public streets and other rights-of-way, the <br />relocation of public utilities and public ser- <br />vices, the need to assemble parcels for pub- <br />lic or private projects, and similar changes <br />associated with redevelopment projects. The <br />agency will also consider factors relating to <br />the owner's ability to successfully carry out <br />the proposed redevelopment. These factors <br />include the ability to finance the proposed <br />project area experience with similar projects, <br />and the overall feasibility of the proposal. <br />(Ord. 99-025 § 204.2, 1999) <br />3.12.030 Participation agreements. <br />The agency may require, as a condition <br />to participating in redevelopment of the pro- <br />ject area, that the owner enter into a binding <br />agreement with the agency. The participa- <br />tion agreement will obligate the owner to <br />acquire, dispose of, rehabilitate, redevelop, <br />and use the property consistent with the Plan <br />and will impose other conditions as agreed <br />by the owner and the agency. <br />The provisions of the plan are applicable <br />to all public and private property in the pro- <br />ject area, whether or not an owner enters <br />into a participation agreement with the <br />agency. (Ord. 99-025 § 204.3, 1999) <br />3.12.040 Business reentry preference. <br />Businesses displaced from property with- <br />in the project area by redevelopment activi- <br />ties shall be granted a reasonable preference <br />to reestablish on redeveloped sites in the <br />project area. Businesses seeking to reenter <br />the project area must meet the requirements <br />of the plan and comply with the rules adopt- <br />ed by the agency. <br />127 (San Leandro Redevelopment Agency Supp. No. 2, 12-05) <br />
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