Report on the Amended and Restated Central Campbell Redevelopment Plan 11/19900
REPORT ON THE AMENDED AND RESTATED
CENTRAL CAMPBELL REDEVELOPMENT PLAN
November, 1990
(To be supplemented)
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INTRODUCTION
Pursuant to the California Community Redevelopment Law, the
following reports and analyses are submitted by the City of
Campbell Redevelopment Agency (the "Agency") to the City Council
of the City of Campbell (the "City Council") as the Report on the
Amended and Restated Central Campbell Redevelopment Plan (the
"Report on the Amended Plan").
The original Central Campbell Redevelopment Plan was adopted
by the City Council on June 21, 1983 by Ordinance No. 1461 (the
"Original Plan").' A Report on the Original Plan was prepared in
accordance with the requirements of Health & Safety Code Section
33352. The Original Plan and the Report prepared for the
Original Plan are incorporated herein by this -reference.
The purpose and reasons for the amendments to the Original
Plan contained in the proposed Amended and Restated Central
Campbell Redevelopment Plan (the "Amended Plan") are set forth in
detail in Part I of this Report on the Amended -Plan. As noted in
Part I, the purpose of the Amended Plan is limited. Because of
the narrow scope of -the proposed amendments to be implemented
through the Amended Plan; only a few of the reports and analyses
required by Code Section 33352 are relevant and merit discussion
in this Report on the Amended Plan.
This Report on the Amended.Plan has been prepared pursuant
to the requirements of,the California Community Redevelopment Law
(Health & Safety Code Section 33000 et sea.). All Code Section
references used in this Report on the Amended Plan are to the
California Health &-Safety Code unless otherwise specified. In
part, this Report on the Amended Plan has been prepared in
accordance with the requirements of Code Section 33457.1, which
states in relevant part,
"To the extent warranted by a proposed amendment to a
redevelopment plan, ...(2), the reports and information
required by Section 33352 shall be prepared and made
available to the public prior to the hearing on such
amendment."
Sections VI, VII, and IX of this Report on the Amended Plan
contain missing information. This information will be
supplemented prior to approval of the Amended Plan as it becomes
available.
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PART I. DESCRIPTION AND REASONS FOR AMENDMENT
The Original Plan calls for comprehensive revitalization of
an approximately 260 acre area (the "Project Area"), generally
located in and around downtown Campbell, for commercial,
residential, industrial and mixed use development.
At this time, the Agency is proposing for consideration by
the City Council certain technical amendments to the Original
Plan. The description of and reasons for the proposed amendments
are outlined generally as follows:
1. Update of Goals and Objectives. The redevelopment
goals and objectives set forth in the Original Plan would be
updated through the proposed amendment to reflect evolving
development opportunities and community needs over the past seven
years. The update of goals and objectives would not modify the
basic purpose of the Original Plan or require the addition of
significant new capital improvement projects to the Original Plan
or the modification of the fiscal limits set forth in the
Original Plan.
2. Update of Owner Participation Process. Consistent with
the Agency's adopted Rules for Owner Participation, the proposed
amendment would clarify the process for designation of parcels to
be assembled for unified development under the Original Plan and
the process for selection of master developers to undertake such
unified developments. Such clarifications would reflect evolving
court decisions regarding owner participation to fairly balance
the interests of current property owners in the redevelopment of
their own properties with the occasional need for the Agency to
assemble adjacent parcels to ensure their effective
redevelopment.
3. General Plan Conformance. At the time of adoption of
the Original Plan, its goals, objectives, policies and land use
designations and standards were consistent with the then existing
General Plan for the City of Campbell. The Original Plan is
proposed to be modified to maintain conformity with the current
General Plan and to provide that subsequent revisions of the land
use designations and standards of the General Plan, the City's
Zoning Ordinance, and other applicable City land use standards
will be automatically incorporated in the Amended Plan, thus
ensuring ongoing conformity between the Amended Plan and the
General Plan, Zoning Ordinance, and other applicable City land
use standards. Such ongoing conformity will implement the
planning objectives of the California Community Redevelopment
Law, the California Planning and Zoning Law, and local planning
policies.
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4. Streamlining the Development Approval Process. The
Original Plan currently sets forth an Agency review and approval
process for developments in the Project Area that is, in several
respects, separate from and in addition to the normal City
development review and approval process. The proposed amendment
would provide that the normal City development review and
approval process will serve as the primary process for
developments in the Project Area under the Amended Plan.
5. Eminent Domain Power. The Original Plan grants the
Agency the power of eminent domain, under specified
circumstances, through June 1995. The proposed amendment would
extend such authority to a date that is twelve years after the
date of adoption of the proposed amendment (approximately to
December 2002), as permitted by the California Community
Redevelopment Law through the redevelopment plan amendment
process. Following such amendment, all Amended Plan and state
law safeguards and requirements with respect to property
acquisition and relocation benefits would continue to apply.
This extension of time to exercise the power of eminent domain is
necessary to enable the Agency to implement its acquisition
program in an orderly fashion over the coming decade, without
having to make precipitous decisions that may adversely affect
property owners in order to meet*a premature acquisition
deadline.
The proposed amendment to the Original Plan will not expand
the Project Area, change any of the financial provisions of the
Original Plan (e.g. limits on allocation of tax increment revenue
to the Agency or amount of outstanding bonded indebtedness), or
modify the basic purpose of the Original Plan and powers of the
Agency.
Thus, the proposed amendments are not of the type described
in Health and Safety Code Section 33354.6 which would require
observance of the procedures set forth in the Community
Redevelopment Law for the adoption of an initial redevelopment
plan. Instead, the Agency and the City Council have complied
with all requirements for adoption of an amendment of a
redevelopment plan as set forth in Health and Safety Code
Sections 33450-33458.
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PART II. DESCRIPTION OF PHYSICAL, SOCIAL, AND ECONOMIC
CONDITIONS EXISTING IN THE PROJECT AREA
This section of the report on a plan for a new redevelopment
plan typically sets forth the conditions which entitle a project,
area to qualify for redevelopment (blight analysis). This
analysis was completed for the Project Area as Section 1 of the
Original Report and served as the basis for the City Council's
finding in the ordinance adopting the Original Plan, mandated by
Code Section 33367(d)(i), that the Project Area was a blighted
area, the redevelopment of which was necessary to effectuate
public purposes.
Since the basis for the blight finding was definitively
established by the adoption of the or Plan, and since the
proposed amendments to the Original Plan contained in.the Amended
Plan do not change the Project Area boundaries in any way,.no
further analysis of the description of the Project Area and
blighting conditions therein are required at this time.
However, it should be noted that the Project Area continues
to contain parcels of inadequate size and shape for modern use,
obsolete structures, deteriorating -buildings, and shifting of
uses. While the Agency has developed and is implementing an
effective owner participation program to promote redevelopment of
such properties, the use of eminent domain remains necessary as a
last resort to deal with those blighting conditions that continue
to characterize the Project Area.
In order to allow the Agency maximum ability to revitalize
the Project Area, the law provides redevelopment agencies with
certain techniques to overcome blighting conditions in
redevelopment areas. One of the techniques is the Agency'.s power
of eminent domain. Although eminent domain would only be a "last
resort" solution to acquisition of properties in the Project
Area, the Agency is just beginning to move into the
implementation of its redevelopment program.
Since the adoption of the Original Plan in 1983, the
redevelopment program for the Project Area has been in a
formative stage with minimal financial resources (such as tax
increments) to enable the Agency to implement the redevelopment
program envisioned by the Original Plan.
The Agency is now beginning to implement various public
improvement activities and to plan for longer -term land
development transactions with interested property owners and
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developers. The process of planning for, negotiating, and
implementing a land development transaction typically is a multi-
year endeavor. It often involves discussions with, or
solicitation of proposals from, existing property owners of
parcels that are critical to the overall redevelopment program,
to determine if they are interested in and capable of
participation in the redevelopment of their own properties or if
they are willing to voluntarily sell their properties at fair
value to the Agency or a designated developer. Next, the process
involves negotiations of detailed development contracts with
property owners or selected non -property owner developers,
followed by preparation of detailed architectural plans,
procurement of all necessary governmental permits and approvals,
and procurement of development financing. Only when all these
activities have been completed is it typically possible to
proceed with land assembly, using condemnation as a last resort
to achieve such assembly.
This land development process can require two, three, or
more years to complete. Since the Agency's current eminent
domain power under the Original Plan expires in 4 1/2 years,
there is no cushion for orderly implementation even of those land
developments that the Agency commences in the coming year. The
Agency, in fact, envisions that it may need to initiate several
land development transactions for key parcels in the Project Area
throughout the decade of the 1990s. Given the limitations on
Agency financial.and staff resources and the ebb and flow of the
general real estate market, it is not possible or even desirable
for the Agency to try to force commencement of all its land
development transactions into the next year, so as to ensure that
it can complete all necessary land assembly for such transactions
within the current deadline for exercise of its eminent domain
power. Indeed, some transactions will become feasible and
advantageous to the Agency only later in the decade, after
improvements and actions undertaken in the next few years have
further enhanced the physical and economic environment for
Project Area redevelopment.
For all these reasons, it is necessary that the time -period
for the exercise of the power of eminent domain be extended as
provided in the proposed Amended Plan.
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PART III. PROPOSED METHOD OF FINANCING THE REDEVELOPMENT OF THE
PROJECT AREA
This section of the report on a plan for a new redevelopment
plan typically considers the costs and potential revenue of
redevelopment actions in order to determine if there is a
financially feasible method to finance the redevelopment project.
This analysis was completed for the Project Area as Section 2 of
the Original Report and served as the basis for the City
Council's finding in the ordinance adopting the Original Plan,
mandated by Code Section 33367(d)(3), that the adoption of the
Original Plan and the carrying out of the Original Plan, was
economically sound and feasible.
Since the proposed amendments to the Original Plan contained
in the Amended Plan do not add any significant new capital
improvement projects, no further analysis of the economic
feasibility of the Project Area is required at this time, except
for the following observations:
1. The proposed extension of the Agency's eminent domain
power will enable the Agency, under specified conditions,.to
assemble small properties with marginal economic utility into
larger sites for more intensive modern uses, thus, over time,
allowing the Project Area to generate additional tax increment
revenue for redevelopment activities. Although such acquisition
may also involve cost to the Agency, the Agency will work closely
with property owners and developers to insure maximum private
sector involvement in any acquisition project, so as to minimize
the use of eminent domain and the use of public funds.
. on balance, the extension of the Agency's eminent domain
power will have a neutral or positive impact on the financial
feasibility of the Project.
2. By allowing the same development approval process to
take place within the Project Area boundaries as within the other
areas of the City, developers will not be faced with separate
and/or additional steps in the application process for obtaining
development approval. By allowing the development approval
application process to be simplified from its existing state may
create incentives for developers who may have otherwise had a
reluctance to apply for development within the Project Area
boundaries.
Such conformance to the City's normal development approval
process may serve as an inducement for potential developers, and
thereby may in turn produce new development opportunities,
thereby enhancing the financial feasibility of the Project.
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3. By streamling the development approval process to bring
it into conformance with the normal City development review and
approval process, developements will be allowed to occur more
cost-effectively and expeditiously.
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PART IV. METHOD OR PLAN FOR RELOCATION OF FAMILIES AND PERSONS
TO BE DISPLACED`FROM HOUSING FACILITIES IN THE PROJECT
AREA (INCLUDING ASSESSMENT OF HOUSING RESOURCES)
Section 3 of the Original Report sets forth the Agency's
general policies for the administration of the relocation program
and the provision of services and benefits to displaced families,
individuals, businesses, and community institutions. Section 3
of the Original Report also provides information about housing
stock conditions and availability of housing units to support the
anticipated relocation case load from redevelopment activities.
Section 3 of the Original Report is incorporated herein by this
reference.
Section 3 of the Original Report serves as a general plan
for relocation services and housing stock availability. As
recommended in an October 1982 State Department of Housing and
Community Development study entitled "A Study of Relocation and
Housing Development in California Redevelopment Agencies," a
comprehensive and detailed plan will not be developed until
relocation for a particular project is imminent. At those times,
more specific analysis will be prepared, pursuant to Title 25,
Section 6038 of the California Code of Regulations.
The Agency is currently setting aside 20% of its tax
increment revenue for affordable low and moderate income housing
and is undertaking various activities to stimulate the production
and rehabilitation of the affordable housing stock, using both
tax increment revenue and other funding sources. Thus, the
Agency possesses the resources to ensure affordability of the
available housing stock,for any limited number of households that
may be displaced by future redevelopment activities.
Based on the information set forth above and in the
referenced Original Report (Section 3), the Agency is satisfied
that there is a comprehensive basis for the City Council to find
that:
(a) The agency has a feasible method or plan for the
relocation of families and persons displaced from the
project area, if the redevelopment plan may result in the
temporary or permanent displacement of any occupants of
housing facilities in the project area; and
(b) There are, or are being provided, in the project area
or in other areas not generally less desirable in regard to
public utilities and public and commercial facilities and at
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rents or prices within the financial means of the families
and persons displaced from the project area, decent, safe,
and sanitary dwellings equal in number to the number of and
available to the displaced families and persons and
reasonably accessible to their places of employment; and
(c) Permanent housing facilities will be available within
three years from the time occupants of the project area are
displaced and that pending the development of the
facilities, there will be available to the displaced
occupants adequate temporary housing facilities at rents
comparable to those in the community at the time of their
displacement.
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PART V. ANALYSIS OF PRELIMINARY PLAN
Code Section 33450-33458, regarding adoption of
redevelopment plan amendments, does not require the adoption of a
preliminary plan for the amendment of a redevelopment plan. A
Preliminary Plan was prepared for the Original Plan, and the
analysis thereon is contained in Section 4 of the Original
Report. However, given the fact that preliminary plans are not
required to be prepared and adopted for plan amendments, and
given the limited nature of the proposed amendments to the
Original Plan, no Preliminary Plan was prepared, and therefore,
no analysis of the Preliminary Plan is necessary as part of this
Report on the Amended Plan.
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PART VI. REPORT AND RECOMMENDATION OF PLANNING COMMISSION
Upon receipt of -the Amended Plan,.the Planning Commission
will prepare and adopt its report and recommendations regarding
the proposed amendments.. Immediately upon receipt of the
Planning Commission's report and recommendations, Agency staff
will supplement this Report on the Amended Plan with the Planning
Commission's report and recommendation.
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PART VII. SUMMARY OF MEETINGS AND CONSULTATIONS
REGARDING PROPOSED AMENDMENTS
On October 5, 1982, the City Council called for the creation
of a Project Area Committee ("PAC") pursuant to Health & Safety
Code Section 33385-. Copies of the minutes of meetings of this
PAC are contained in Seciton 6 of the Original Report.
Pursuant to Health & Safety Code Section 33386, the
existence of the Project Area Committee created for a
redevelopment project expires three years after the adoption of
the redevelopment plan, unless it is extended by the legislative
body. The PAC created for the Original Plan is no longer in
existence.
The proposed Amended Plan will -not lead to the displacement
of a substantial number of.low- and moderate income families, and
therefore, a PAC pursuant to California Health & Safety Code
Section 33385 was not created for the proposed Amended Plan.
However, the Agency desires to continue to pursue the underlined
alternative provided in Health & Safety Code Section 33385 to
obtain community input on the proposed amendments.
On September 18, 1990, by Resolution Nos. and , the
Agency and City Council, respectively, determined that the
proposed Amended Plan will not cause the displacement of a
substantial number of low- and moderate -income families and
therefore authorized the Executive Director of the Agency to
consult with and obtain the advice of residents, businesses, and
community organizations within the Project Area as provided in
Health & Safety Code Section 33385 for plan amendments not
requiring formation of a statutory PAC.
Code Section 33385 states in part:
"If the project will not displace a substantial number of
low- and moderate -income families, the agency shall either
call upon the residents and existing community organizations
to form a project area committee or the agency shall consult
with, and obtain the advice of, residents and community
organizations ...and provide such persons and organizations
with the redevelopment plan prior to submitting it to the
legislative body." (emphasis added)
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The Agency has pursued the underlined alternative provided
in Code Section 33385 to obtain community input on the proposed
Amended Plan as further evidenced in the attached materials.
{to be supplemented with documentation
of community consultations)
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PART VIII. REPORT REQUIRED BY GOVERNMENT CODE SECTION
65402
The report required by Government Code Section 65402 is
contained as part of the Planning Commission report and
recommendations on the Amended Plan (see Part VI of this Report).
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PART. IX. REPORT REQUIRED BY SECTION 21151 OF THE PUBLIC
RESOURCES CODE
The proposed amendments to the Original Plan incorporated in
the Amended Plan have been the subject of an Initial Study and a
proposed Negative Declaration (the "Negative Declaration"), a
copy of which is attached to this Part IX of the Report on the
Amended Plan, and by this reference incorporated herein.
Notice of the proposed intention to adopt a Negative
Declaration was published in the San Jose Mercury News on
November , 1990 and was mailed to all property owners within
the Project Area, all affected taxing entities, entities on the
City's local environmental document distribution list and other
interested parties. A copy of the Notice is attached to this
Part IX of the Report on the Amended Plan.
The Planning Commission is scheduled to consider the
proposed Negative Declaration at its meeting on November 27,
1990. The results of .the Planning Commission's action on
November 27 will be attached to Part IV of this Report on the
Amended Plan.
It is anticipated that the Negative Declaration will be
considered for adoption by the City Council on December 10, 1990
at the time of consideration of the adoption of the Amended Plan.
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PART X. REPORT OF COUNTY FISCAL OFFICER
As described in Part I of this Report on the Amended Plan,
the proposed amendments to the Original Plan incorporated in the
Amended Plan do not add any territory to the Project Area or
change any.of the.other fiscal parameters of the Original Plan.
Consequently, no report of the County Fiscal Officer was required
and none has been obtained in connection with the preparation of
the Amended Plan.
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PART XI. REPORT OF THE FISCAL REVIEW COMMITTEE
As described in Part I of this Report on the Amended Plan,
the proposed amendments to the Original Plan do not add any
territory to the Project Area'or change any of the other fiscal
parameters of the Original Plan. Consequently, no Fiscal Review
Committee was authorized or formed and no report of.a Fiscal
Review Committee was prepared in connection with the preparation
of the Amended Plan.
However, by Resolution No. adopted on November 5, 1990,
the Agency authorized its staff to transmit copies of the
proposed Amended Plan, Notice of Intent to -Adopt Negative
Declaration, and Negative Declaration to all affected taxing
entities for their information and review. Such transmittal
occurred on November _, 1990 by certified mail, return receipt
requested.
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PART XII. NEIGHBORHOOD IMPACT REPORT
The public purposes and scope of the proposed Amended Plan
have not changed as a result of the proposed amendments. A
Neighborhood Impact Report was prepared for the Original Plan and
contained in Section 11 of the Original Report.
A more detailed discussion of the general neighborhood
impacts as a result of the proposed amendments is contained in
the Negative Declaration prepared for the Amended Plan, which is
contained in Part IX herein.
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PART XIII. ANALYSIS OF COUNTY FISCAL OFFICER'S REPORT
As discussed in Parts X and XI of this Report on the Amended
Plan, because of the limited nature of the proposed amendments,
no Fiscal Review Committee was authorized or created nor was a
Fiscal Officer's Report required or prepared in conjunction with
this proposed Amended Plan. Consequently, no analysis of the
Fiscal Officer's Report, nor a response to the report of the
Fiscal Review Committee is required to be included in this Part
XIII of the Report on the Amended Plan.
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