6/16/1992 - Second Amended and Restated Central Campbell Redevelopment Plan1
ffiIBIT A
CITY OF CAMPBELL
SECOND AMENDED AND RESTATED
CENTRAL CAMPBELL
REDEVELOPMENT PLAN
Adopted June 21, 1983
By Ordinance No.1461
.:___
Amended and Restated (First) January 15, 1991
By Ordinance No. 1830
Amended and Restated (Second) June 16, 1992
By Ordinance No. 1860
1
I. INTRODUCTION
The Second Amended and Restated Central Campbell
Redevelopment Plan (the "Plan") consists of text and three maps
(Exhibit A, B & C) and the legal description of the Project Area
(Exhibit D). This Plan has been prepared to be accompanied by
the Central Campbell Redevelopment Plan Report, as called for in
California Community Redevelopment Law.
The Second Amended and Restated Central Campbell
Redevelopment Plan amends and restates, in its entirety, the
Central Campbell Redevelopment Plan adopted by Campbell City
Council Ordinance No. 1461 dated June 21, 1983, as previously
amended and restated in the First Amended and Restated Central
Campbell Redevelopment Plan adopted by Campbell City Council
Ordinance No. 1830 dated January 15, 1991.
This Plan has been prepared by the Campbell Redevelopment
Agency staff pursuant to the Constitution of the State of
California, the Community Redevelopment Law of the State of
California, and all applicable laws and local ordinances.
II. GENERAL DEFINITIONS
The following references will be used in this Plan unless
the context otherwise requires®
A. Agency means the City of Campbell Redevelopment Agency,
Campbell, California.
B. City means the City of Campbell, California.
C. County means the County of Santa Clara, California.
-1-
D. General Plan means the Campbell General Plan, as it now
4
exists or may hereafter be amended from time to time.
E. gip means the Redevelopment Plan Map for the Project
Area (Exhibit R).
P. McGlincey Lane area means the portion of the Project
Area located to the east of Highway 17.
G. w0 ner means any individual or entity owning "real
property" as defined herein.
H. Person means any individual, or any public or private
entity.
I. Rersonal Property means movable property, chattels,
property not part of real property defined below.
J. Plan or Redevelopment Plan means this Second Amended
and Restated Central Campbell Redevelopment Plan as it
now exists or may hereafter be amended from time to
time.
K. Planning Commission means the Planning Commission of
the City of Campbell, California.
L. Project means Central Campbell Redevelopment Project.
M. Rroject Area means the area included within the
boundaries of the Central Campbell Redevelopment
Project, as shown in the attached Exhibit A and
described in the attached Exhibit D.
N. Real Property means land; including land under water
and water front property buildings-, structures,
fixtures, and improvements on the land; and property
-2-
I
appurtenant to or used in connection with the land;
every estate, interest privilege, easement, franchise -
and right in land, including but not limited to rights -
of -way, terms for years, and liens, charges, or
encumbrances by way of judgement, mortgage or otherwise
and the indebtedness secured by such liens.
O. Redevelopment Law means the Community Redevelopment Law
of the State of California (California Health and
Safety Code, Section 33000 & sea.).
P. State means the State of California.
Q. Zoning Ordinances means the Zoning Ordinances of the
City of Campbell, California, as they now exists or may
hereafter be amended from time to time.
III. PROJECT AREA BOMARIES
The Central Campbell Redevelopment Project Area, hereinafter
called the Project Area, is designated on the Project Boundary
Map designated as Exhibit A, attached hereto and by this
reference made a part hereof.
Following the text of the Plan is Exhibit D, the legal
description of the Project Area, which by this reference is made
a part hereof.
IV. REDEVELOPMENT GOALS AND OBJECTIVES
The Campbell Redevelopment Agency proposes to use the
redevelopment process to eliminate and reduce many aspects of
-3-
1
visual, economic, physical and social blight presently existing
within the City of Campbell and more specifically within the
boundaries set forth within the Central Campbell Redevelopment
Project Area, as set forth in this Plan. This action is
necessary because within the Project Area there presently exists
an undesirable mixture of residential, commercial, and industrial
uses.
In some parts of the Project Area physical decline in the
integrity of building improvements is apparent and in some areas
there exists advanced stages of physical deterioration. In other
parts of the Project Area, an inadequate circulation system
thwarts the developer of vacant or underutilized land. Lack of
an adequate drainage system also severely impedes the development
of part of the Project Area, causing inefficient land use
patterns and overly expensive development costs.
Parts of the Project Area are represented by fragmented
parcelization and multiple ownership to the point that land
assemblage for proper economic utilization of the area has been
thwarted. The lack of early comprehensive planning has led to a
condition where the proper utilization of land has been
unrealized. This misuse of land, when considered in light of
fragmented ownership of parcels and the adverse effect the
mixture of residential, commercial and industrial uses have in
the area taken as a whole, constitute a physical, social and
economic blighting influence on the Project Area.
-4-
A. REDMLOPME U GOALS
The goals of this Redevelopment Plan are:
1) To restore downtown Campbell to its historic role
as the symbolic, cultural, functional and economic focal point of
the City.
2) To facilitate the development of the Project Area
in accordance with the land use designations of the City's
General Plan.
3) To retain the historical flavor of downtown
Campbell by requiring and/or encouraging the retention and
rehabilitation of structures which are of national, state or
local historical significance.
4) To promote the economic revitalization of the
McGlincey Lane area.
5) To insure the continued availability of decent,
safe and sanitary housing for individuals and families of very
low, low and moderate income.
6) To maximize opportunities for the retention of
existing property interests by local business people and property
owners while eliminating blight through encouraging the
rehabilitation of existing structures.
7) Where rehabilitation is not feasible to encourage
the construction of new residential, commercial office and
industrial facilities appropriate to community design standards
and to contemporary market demands.
-5-
f
8) To prevent further deterioration of traffic
i
f
service levels in the Project Area and, wherever possible, to
improve the level of traffic service.
9) To provide public facilities and open space in the
Project Area to satisfy the needs of residents in the medium and
high density housing developments which are concentrated there.
10) To create a physical environment which is
conducive to healthy economic activity and to convenient, urban
style residential living.
B. REDEVELOPMENT OBJECTIVES
To accomplish the goals outlined above the Agency will
pursue attainment of the following objectives:
1) The Agency will undertake to intensify and
diversify the existing retail, service, and office uses in the
Project Area by:
a) Designing and assisting in the construction
of permanent public street improvements and landscaping along
Campbell Avenue;
b) Assisting in the provision of adequate on -
and off-street parking between the loop streets;
c) Facilitating the replacement of non-
conforming uses in the area with rehabilitated or newly
constructed buildings appropriate to the needs of conforming
uses;
d) Assisting with the undergrounding of overhead
utilities to increase,the aesthetic appeal of the area;
-6-
e) Assembling parcels of land which are too
small for economical development and reconveying the new larger
parcels to developers who are willing to build projects
consistent with the City's General Plan and the Redevelopment
Plan. Some segments of streets which are not required for
vehicular circulation may be vacated, closed or abandoned in
order to create new sites for public improvements or private
development.
2) The Agency will re -focus community attention on
Campbell's traditional downtown by:
a) Assisting the City in the relocation and
renovation of the Ainsley House to the Civic Center for use as
the Campbell Historical Museum;
b) Assisting with the implementation of the
Campbell Community Center Master Plan;
c) Facilitating the retention and rehabilitation
of historically significant downtown structures.
3) The Agency will facilitate the provision of
decent, safe and sanitary housing for individuals and families of
all income levels by:
a) Providing adequate relocation assistance to
all households which must be moved because of a redevelopment
project;
b) Supporting the construction of housing in the
Project Area which is affordable to individuals and families of
-7-
various income levels, including those of very low, low and
moderate income;
c) Providing opportunities for residential
development at medium and high densities to take advantage of
downtown services and amenities, including future transit
improvements;
d) Assisting with the replacement of marginal
low-income housing with affordable units meeting contemporary
standards for construction integrity, sanitation, energy
conservation, and room size.
4) The Agency will strengthen the economic vitality
of the Project Area by:
a) Assisting with the improvement of streets,
storm drains, and water lines in the South of Campbell Avenue
(°SOCA") and McGlincey Lane areas;
b) Facilitating the removal of non -conforming
uses from the SOCA and McGlincey Lane areas;
c) Working with the City to control the uses which
cause the SOCA and the McGlincey Lane areas to be unsightly because
of abandoned or wrecked vehicles and dilapidated buildings.
5) The Agency will undertake improvements to the
traffic circulation system throughout the Project Area by: -
a) Improving the loop street circulation system,
including the conversion of Campbell Avenue to two-way traffic;
b) Improving street signs and other directional
signs in and around the Project Area;
-8-
c) Improving the Salmar-Harrison.access to
downtown Campbell;
d) Planning for and constructing necessary
public improvements in conjunction with the extension of light
rail service through downtown Campbell;
e) Converting Cristich Lane and other private
streets to public streets with standard City street improvements
as well as completing other street improvements in the McGlincey
Lane area;
f) As necessary, assisting in the construction
of other streets, bridges, underpasses, and traffic signals to
maintain or improve traffic service levels and safety in and
around the Project Area.
6) The Agency will facilitate economic revitalization
in the McGlincey Lane area by:
a) providing assistance to a developer or
developers, as necessary, in developing the former Winchester
Drive -In site in a manner consistent with the General Plan;
b) providing assistance to property owners and,
developers, as necessary, in consolidating parcels in order to
undertake economically viable developments.
In addition to the above stated objectives, the
following general objectives are recognized by the Agency:
7) The Agency will consider relocating the City and
Campbell Union School District corporation yards out of the
-9-
downtown area to the McGlincey Lane area in order to provide for
more compatible uses in and around the downtown.
8) The Agency shall attempt to avoid any undesirable
impact of project activities upon adjacent areas outside of the
Project Area.
9) The Agency shall attempt to provide whatever
public improvements may be needed to support other objectives of
the Redevelopment Plan. ,Such improvements may be in any part of
the Project Area, or beyond Project Area boundaries where
essential to the success of the project. other improvements such
as sanitary and storm sewer facilities, traffic control devices,
and utility upgrading will be installed as required for support
of project activities.
The Central Campbell Redevelopment Project will be
undertaken in accordance with the provisions of the California
Community Redevelopment Law. At this time, it is anticipated
that the use of tax increment financing, assessment districts and
special land use controls will provide sufficient incentives to
the private sector for realization of improvements to the Project
Area and the eradication of blighting influences.
The Agency proposes to strive for economic, social and
physical revitalization and beautification within the Project
Area by:
1) Installation, construction, or reconstruction of
streets, utilities, landscaping, and other on -site and off -site
improvements.
-10-
2) Encouragement of development of land by private
enterprise for use in accordance.with this plan.
use.
3) Providing for open space and recreational land
4) Rehabilitation and rejuvenation of existing
structures.
5) Limited acquisition of real property.
6) Relocation assistance to displaced residential and
non-residential occupants.
7) Demolition or removal of buildings and
improvements.
8) Disposition of property for uses in accordance
with this Plan.
9) Provision of tax exempt (or, where permitted and
appropriate, taxable) financing for projects and improvements
which conform to the Plan and all appropriate City regulations.
V. DEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES
A. PARTICIPATION BY OWNERS AND BUSINESS TENANTS
1) Opportunities for Owners and Business Tenants.
The Agency shall extend reasonable preferences to
persons who own property or are engaged in business in the
Project Area, to continue or re-enter into business within the
Project Area if they meet the requirements prescribed in this
Plan and the Agency's adopted "Rules For Business Tenant
-11-
Preference and owner Participation", as such rules now exist or
may hereafter be amended from time to time.
It is the intention of the Agency that owners of parcels of
real property within the Project Area, where consistent with this
Plan, be allowed to participate in redevelopment by: retaining
all or a portion of their properties; acquiring adjacent or other
properties in the Project Area; selling their properties to the
Agency and purchasing other properties in the Project Area; and
upgrading and developing their properties in conformance with
this Plan and owner participation rules..
The Agency may determine either on its own direction or
pursuant to a request of a property owner or other entity that
certain property within the Project Area does not conform to this
Plan, and the owner of such property shall be required to enter
into an owner participation agreement with the Agency. Bases for
an Agency determination of property non-conformance with this
Plan may include, without limitation, uses on the property that
are inconsistent with the goals and objectives of this Plan or
with the permitted land uses under this Plan, or existence of
improvements or conditions on the property that do not meet the
general controls and limitations set forth in Part VI of this
Plan and/or the standards of any local, state or federal code'or
regulation (including, without limitation, the building code(s)
of the City). Each property in the Project Area shall be
considered to conform to this Plan, until and unless the Agency
-12-
has determined by resolution that such property does not conform
to this Plan.
The Agency may determine, either on its own direction or
pursuant -to a request of a property owner or other entity, that
certain real property within the Project Area conforms or
substantially conforms to the requirements of this Plan and that
the owner of such property will therefore be permitted to remain
a conforming owner without a participation agreement with the
Agency, provided, such owner continues to operate and use the
real property within the requirements of this Plan.
In the event a conforming owner desires to (a) construct any
additional improvements or substantially alter or modify existing
structures on any of the real property described above as
conforming, or (b) acquire additional real property within the
Project Area, then the Agency may require such conforming owner
to enter into a participation agreement with the Agency in the
same manner as required for owners of nonconforming properties.
Any real property owned by a conforming owner outside of the
designated conforming parcels and within the Project Area shall
be considered and treated in the same manner as real property
owned by other owners, i.e., may be subject to a participation
agreement with the Agency.
All of the provisions of this subsection are subject to the
provisions of Section A.2 below for the selection of a master
developer or developers to develop parcels within the Project
Area.
-13-
2) Rules for Participation ovportunities. Priorities
and Preferences: selection of Master Developers.
As more fully set forth in the Agency's adopted "Mules for
Business Tenant Preference and Owner Participation" (as such
rules may be amended from time to time), in the event the Agency
determines either on its own direction or pursuant to a request
of a property owner or other entity that it is in the best
interest of the Project that several parcels within the Project
Area be assembled and developed by a single property owner or
other entity under a master developer plan, the Agency may select
and designate a master developer for the parcels based on the
proposed master developer's financial and technical ability to
successfully undertake and complete the development program.
Any individual or other entity may apply to be selected as a
master developer of two or more parcels in the Project Area.
Upon such application, the Agency shall determine whether it is
desirable to designate a master developer for such parcels and
whether the applicant or another individual or entity meets the
qualification to serve as the master developer. The Agency shall
designate a qualified master developer unless, in its judgment,
no property owner or other individual or entity meets the
necessary qualifications or it is not desirable to designate a
master developer for those parcels.
The rights of particular property owners and business
tenants to participate in the redevelopment of their respective
properties shall be subject to or limited by or eliminated by the
-14-
inclusion of their property within a master development plan to
be developed by another entity.
If the Agency determines that a particular parcel in the
Project Area shall not be included in a master development plan,
then the owner of the parcel and business tenants may participate
in the redevelopment of property in accordance with the
participation rules adopted by.the Agency. In general, these
rules provide that existing owners and business tenants within
the Project Area be given non -financial preference, as more fully
described in the participation rules, for re-entry into business
within the redeveloped Project Area. owners will be required to
submit proof to the Agency of their technical qualifications and
financial ability to carry out their agreement with the Agency.
3) Participation Agreements.
In the event the property owner is otherwise eligible
pursuant to Section A.2 above to participate in the redevelopment
of the property, the property owner, who is not a conforming
owner, shall enter into a binding agreement with the Agency under
which the property owner shall agree to rehabilitate, develop, or
use the property in conformance with this Plan and to be subject
to the provisions hereof. Such agreement shall be prepared by
the Agency after consultation with the property owner.
Agreements will contain a list of minimum improvements to be made
for the specific property to which it applies.
In such agreements, participating property owners who retain
real property shall be required to join in the recordation of
-is-
such documents as are necessary in the determination of the
Agency to make the provisions of this Plan applicable to their
properties.
In the event a participating property owner fails or refuses
to rehabilitate or develop his or her property pursuant to this
Plan and/or an owner participation agreement, the Agency is
authorized, but is not required to acquire the real property or
any interest therein which, if acquired, may be sold or leased
for rehabilitation or development in accordance with this Plan.
R. PROPERTY ACOUISITIOIM
1) Acquisition of Real Property.
Except as specifically exempted herein, the
Agency may, but is not required to, acquire or obtain options to
acquire real property located in the Project Area, by gift,
devise, exchange, purchase, eminent domain or any other lawful
method whatsoever. The Agency may also acquire any other
interest in real property less than a fee interest.
Since it is in the public interest and is
necessary for the elimination of those conditions requiring
redevelopment, the power of eminent domain may be employed by the
Agency in some instances to acquire real property in the Project
Area. However, said power of eminent domain will not be
exercised when:
a) The property in question is improved with a
structure and the Agency has determined by resolution that the
rehabilitation of the structure and its proposed use is
-16-
• 4 •
consistent with the objectives of the Plan and that such
rehabilitation is in the best interest of the project and the
owner has thereafter entered into an.owner participation
agreement with the Agency and is faithfully performing under the
terms of the agreement.
b) The property in question is improved by a
structure and the Agency has determined by resolution that said
structure and its use is consistent with the objectives of the
Plan, that such property conforms to the Plan and that no owner
participation agreement is necessary so long as the structure is
adequately maintained and properly landscaped.
c) The property in question is owned by a public
body, unless prior consent is obtained from that public body.
Prior to any acquisition through eminent domain, the Agency shall
adopt a resolution declaring a need to acquire any specific
property and authorizing the acquisition by such a method.
d) The Agency must commence eminent domain
proceedings by not later than the twelfth anniversary of the date
of the ordinance adopting this Second Amended and Restated Plan
(that is, by not later than June'16, 2004). The time limit on
commencing an action in eminent domain cannot be extended without
further amendment to the Plan.
2) Acquisition of Personal Pro eerrty.
Generally, personal property shall not be
acquired. However, where necessary in the execution of this
-17-
Plan, the Agency is authorized to acquire personal property in
the Project Area by any lawful means.
C. COOPERATION WITHf PUBLIC BODIES
Certain public bodies are authorized by state law to
aid and cooperate, with or without consideration, in the
planning, undertaking, construction, or operation of this
Project. The Agency shall seek the aid and cooperation of such
0
public bodies and shall attempt to coordinate this Plan with the
activities of such public bodies in order to accomplish the
purposes of redevelopment and the highest public good.
The Agency by law is not authorized to acquire
real property owned by public bodies without the consent of such
public bodies. The Agency, however, will seek the cooperation of
all public bodies which own or intend to acquire property in the
Project Area. The Agency shall have the right to impose on all
public bodies the planning and design controls contained in the
Plan to insure that present uses and any future development by
public bodies conform to the requirements of this Plan. Any
public body which owns or leases property in the Project Area
will be afforded all the privileges of owner and tenant
participation if such body is willing to enter into a
participation agreement with the Agency.
During such time as property in the Project Area is
owned by the Agency, such property shall be under the management
-is-
and control of the Agency. Such property may be rented or leased
by the Agency pending its disposition for redevelopment.
In any year during which the Agency owns property in
the Project Area, the Agency may, but shall not be required to,
pay to the City, the County or any district or other public
corporation which would have levied a tax upon such property had
it not been exempt an amount of money in lieu of taxes; provided
that no such payment shall be made for any period during which
such property is devoted to a public use.
As more fully set forth in health and Safety Code
Section 33401 (the provisions of which are incorporated in this
Plan by this reference), the Agency may also pay to any taxing
agency with territory located within a project area other than
the community which has adopted the project, any amounts of money
which in the Agency's determination is appropriate to alleviate
any financial burden or detriment causes to any taxing agency by
a redevelopment project.
E. RELOCATION OF PERSONS DISPLACE®
When undertaken, as required by the California
Relocation Assistance Act (Government Code Section 7260 et eeq.),
the relocation of persons and business will be subject to the
following standards:
1) Assistance in Finding Other Locations.
The Agency shall assist all families and single
persons displaced by Agency actions pursuant to this Plan in
finding other locations and facilities. There are, in areas in
-19-
the City of Campbell, other than the Project Area (areas not
generally less desirable in regard to public utilities and public
and commercial facilities and at rents or prices within the
financial means of the families and persons displaced from the
Project Areas), decent, safe and sanitary dwellings equal in
number to the number of and available to such displaced families
and persons and reasonably accessible to their places of
employment. In order to carry out the Project.with a minimum of
hardship to persons displaced from their homes by Agency actions
pursuant to this Plan, the Agency shall assist individuals and
families in finding housing that is decent, safe, sanitary,
within their financial means, in reasonable and convenient
locations, and otherwise suitable to their needs. The Agency is
also authorized to provide housing outside the Project Area for
displaced persons.
2) Relocation Payments.
The Agency may pay reasonable moving expenses to
persons (including families, business concerns and others)
displaced by Agency actions pursuant to this Plan. This
provision is not intended to provide incentives for commercial
and industrial business to move out of the Project Area. The
Agency may make such relocation payments for moving expenses
where the Agency determines it is in the best interest of the
Project and not to do so would create a hardship on the persons
involved. The Agency may make such other payments as may be in
the best interest of the Project and for which funds are
-20-
available. The Agency shall make all relocation payments
required by applicable law.
The Agency is authorized to demolish, clear or
'move buildings, structures, and other improvements from any real
property owned or acquired by the Agency in the Project Area as
necessary to carry out the purposes of this Plan.
2) Public Improvements.
The Agency is authorized to install and construct
or to cause to be installed and constructed the public
improvements and public utilities (within or outside the Project
Area) necessary to carry out this Plan. Such public improvements
include, but are not limited to, over or underpasses, bridges,
streets, curbs, gutters, sidewalks, street lights, sewers, storm
drains, traffic signals, electrical distribution systems, natural
gas distribution systems, water distribution systems, buildings,
parks, off-street parking, plazas, playgrounds, and landscaped
areas.
It is anticipated that the following public
improvements including the costs of property acquisition, site
preparation, design and construction may be undertaken:
downtown.
a) Downtown improvement and beautification.
b) Undergrounding of utilities within the
-21-
c) Acquisition and/or rehabilitation of Campbell
Community Center.
d) Construction of streets, storm drains and
sewer laterals in the SOCA area.
e) Construction of off-street parking.
f) Realignment of Salmar and Harrison Streets.
g) Conversion of Cristich Lane and other private
streets to public streets and the reconstruction of the streets
to City standards.
h) Construction of sidewalks, storm drains,
water lines and traffic control devices in the McGlincey Lane
area.
i) Relocation of the City and Campbell Union
School District corporation yards to the McGlincey Lane area.
j) Various street, bridge, underpass and traffic
signalization improvements to improve traffic circulation
within and adjacent to the Project Area.
3) Preparation of Building and Development Sites.
The Agency is authorized to prepare or cause to be
prepared as building and development sites any real property in
the Project Area owned or acquired by the Agency.
1) Rehabilitation.
The Agency is authorized to rehabilitate or to
cause to be rehabilitated any building or structure in the
Project Area acquired by the Agency. The Agency is also
-22-
authorized and directed to advise, encourage, and assist in the
rehabilitation of property in the Project Area not acquired by
the Agency.
2) Moving of Structures.
As necessary in carrying out this Plan, the Agency
is authorized to move or cause to be moved any building or other
structure to a location within or outside the Project Area.
H. PROPERTY DISPOSITION AND DEVELOMImiENT
1) Real Property Disposition and Development.
a) General
For the purposes of this Plan, the Agency is
authorized to sell, lease, exchange, subdivide, transfer, assign
pledge, encumber by mortgage or deed of trust, or otherwise
dispose of any interest in real property. To the extent
permitted by law, the Agency is authorized to dispose of real
property by negotiated leases or sales without public bidding.
All real property acquired by this Agency in
the Project Area shall be sold or leased for development for the
uses permitted in the Plan. Real property may be conveyed by the
Agency to the City or any other public body without charge.
In accordance with Health and Safety Code
Section 33443, property acquired by the Agency for rehabilitation
and resale shall be offered for resale within one year after
completion of rehabilitation or an annual report concerning such
property shall be published by the Agency as. required by law.
-23-
The Agency shall reserve such powers and
controls in the disposition and development documents as may be
necessary to prevent transfer, retention, or use of property for
speculative purposes and to insure that development is carried
out pursuant to this Plan.
Pursuant to the provisions of this Plan and the
rules adopted by the Agency, which may be amended from time to
time, the Agency may offer real property in the Project Area for
purchase and development by owner and business -tenant
participants prior to the time that real property is made
available for purchase and development by persons who are not
owners or business -tenants in the Project Area.
c) Purchase and Development Documents.
To provide adequate safeguards to insure that the
provisions of this Plan will be carried out and to prevent the
recurrence of blight, all real property sold, leased, or conveyed
by the Agency, as well as all property subject to participation
agreements, shall be made subject to the provisions of this Plan
by leases, deeds, contracts, agreements, declarations of
restrictions, provisions of the zoning ordinance, conditional use
permits, or other means. Where appropriate, as determined by the
Agency, such documents or portions thereof shall be recorded in
the office of the Recorder of the County.
The leases, deeds, contracts,•.agreements, and
declarations of restrictions may contain restrictions, covenants,
-24-
covenants running with the land, rights of reverter, conditions,
subsequent, equitable servitudes, or any other provision
necessary to carry out this Plan.
All property in the Project Area is hereby subject
to restriction that there shall be no discrimination or
segregation based upon race, color, creed, sexual orientation,
religion, sex, physical or mental disability, marital status,
ancestry, or national origin, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of property in the
Project Area. All property sold, leased, conveyed, or subject to
a participation agreement shall be made expressly subject by
appropriate documents to the restriction that all deeds, leases,
or contracts for the sale, lease, sublease, or other transfer or
use, occupancy, tenure or enjoyment of land in the Project Area
shall contain such nondiscrimination and nonsegregation clauses
as are required by law, and as set forth in Section I herein.
Appropriate covenants running with the land which will prohibit
such restrictions shall be included in the disposition documents.
d) Development.
To the extent now or hereafter permitted by law,
the Agency is authorized to pay for all or part of the value of
the land.and the cost of the installation and construction of any
building, facility, structure, or other improvements either
within or outside the Project Area for itself or for any public
body or entity to the extent that such improvements would be of
benefit to the Project Area.
-25-
During the period of development in the Project
Area, the Agency shall insure that the provisions of this Plan
and of other documents formulated pursuant to this Plan are being
observed, and that development in the Project Area is proceeding
in accordance with development documents and time schedules.
The Agency shall require that development plans on
property acquired from the Agency or on property subject to an
owner participation agreement be submitted to Agency staff for
approval and review. All development must conform to this Plan
and all applicable federal, state, and local laws, except as such
may be modified by requirements of this Redevelopment Plan or
Agency agreements entered into to carry out the purposes of this
Plan.
e) Obligations to be imposed on Redevelopers.
(1) Purchasers of land acquired or lessees
of land leased from Agency or subject to an owner participation
agreement within the Project Area shall be required to develop
such land in accordance with the provisions of this Plan. No
building, sign or structure shall be constructed upon any part of
such land unless architectural plans and specifications showing
the nature of such construction, parking, loading, surface
treatment and landscaping, the location and orientation of.
structure(s) on the building site and, when requested, the
grading plans for the building site to be built upon, shall have
been submitted to, reviewed and approved in.writing by the
Agency. The Agency shall have the right to refuse to approve any
-26-
such plans or specifications when in the opinion of the Agency
such plans or specifications do not conform with the conditions
and objectives of the Plan.
(2) Acquirers, users or developers of land
acquired or leased from Agency or subject to an owner
participation agreement within the Project Area must commence the
erection of any building, prosecute diligently the work thereon
and complete it within such reasonable period of time as agreed
upon with the Agency.
(3) Persons who are engaged in business in
the Project Area shall be granted preference by the Redevelopment
Agency to re-enter in business within said Area after
redevelopment if they otherwise meet the requirements prescribed
by the Plan and the Agency's adopted Rules for Business Tenant
Preference and Owner Participation (as such rules now exist or
may hereafter be amended from time to time).
(4) The acquirer, user, or owner shall be
responsible for complying with all applicable State and local
laws, ordinances and codes in effect from time to time not
superseded by this Plan.
2) Personal Property Disposition.
For the purpose of this Plan, the Agency.is
authorized to sell, lease, exchange, transfer, assign, pledge,
encumber, or otherwise dispose of personal property.
-27-
I. PREVENTION OF DISCRIMINATION
1) Redevelopment.
The redeveloper shall comply with all State and
local laws, in effect from time to time, prohibiting
discrimination or segregation by reason of race, color, creed,
sexual orientation, religion, sex, physical or mental disability,
marital status, ancestry, or national origin, in the sale, lease
or occupancy of the property.
Pursuant to California Health and Safety Code
(Sections 33337 and 33435-33436), contracts entered into by the
Agency relating to the sale, transfer or leasing of land, or any
interest therein acquired by the Agency within any redevelopment
area or project, the provisions of said Sections in substantially
the form set forth therein shall be included in such contracts,
and such contracts shall further provide that the provisions of
said Sections shall be binding upon and shall obligate the
contracting party or parties and any subcontracting party or
parties and all other transferees under the instrument.
2) Contracts.
All deeds, leases or contracts for sale, lease,
sublease or other transfer of any land in the Project Area shall
contain the following nondiscrimination clauses as prescribed by
California Health and Safety Code, Section 33436: (as amended).
a) In deeds the following language shall appear:
"The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all
-28-
persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of
persons on account of race, color, creed, sexual orientation,
religion, sex, physical or mental disability, marital status,
ancestry, or national origin, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the premises
herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the
premises herein conveyed. The foregoing covenants shall run with
the land."
b) In leases the following language shall
appear: "The lessee herein covenants by and for himself or
herself, his or her heirs, executors, administrators, and
assigns, and all persons claiming under or through him or her,
and this lease is made and accepted upon and subject to the
following conditions:
That there shall be no discrimination against
or segregation of any person or group of persons, on account of
race, color, creed, sexual orientation, religion, sex, physical
or mental disability, marital status, ancestry, or national
origin, in the leasing, subleasing, transferring, use, occupancy. -
tenure, or enjoyment of the premises herein leased nor shall the
lessee himself, or any person claiming under or through him or
-29-
her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use, or occupancy, of tenants, lessees,
sublessees, subtenants, or vendees in the premises herein
leased."
,1_
The covenants in deeds, leases, and.contracts from
or with the Agency, with respect to Prevention of Discrimination,
shall remain in effect in perpetuity.
VI. LAND USE REGULATIONS
The City of Campbell has adopted a General Plan which is in
full conformance with the State requirements for General Plans.
A. OVERVIEW OF REGULATIONS
The permitted land uses, land use standards and other evaluation
guidelines of this Plan shall be those set forth in the General
Plan. It is further intended that all provisions of the Zoning
Ordinance be applicable to developments in the Project Area, and
that all development in the Project Area comply with all
applicable state and local laws, codes and ordinances in effect
from time to time in the City, in addition to any requirements of
the Agency imposed pursuant to this Plan.
Finally, the applicable City zoning and planning processes
shall continue to have full effect and shall continue to serve as
the primary determinant for land use decisions in the Project
Area.
-30-
B. PEi3MME® LMD USES
As noted in the overview to this Part, this Plan adopts the
land uses set forth in the General Plan as the permitted uses
within the Project Area. It is intended that the land uses set
forth in the General Plan now or as it may hereafter be amended
shall be the land uses governing this Plan.
C. LM USE MAP
The Map (Exhibit B) shows the permitted land uses, major
circulation routes and street layout, and the location of
proposed open space areas within the Project Area. Exhibit C
shows the property and facilities proposed to be devoted to
public purposes within the Project Area. The specific types of
uses and activities permitted or conditionally permitted in each
land use category mapped on the Map are those types of uses and
activities described in the General Plan for the relevant land
use category, and more specifically defined in the City's Zoning
Ordinance as it currently exists and as it may be amended from
time to time. The land uses shown on the Map are drawn from the
Land Use Element of the General Plan in existence at the time of
adoption of this Second Amended and Restated Plan and shall be
deemed to be automatically modified as the Land Use Element of
the General Plan may be revised from time to time in order to
maintain conformance of this Plan with the General Plan, as
provided in Sections A and B of this Part.
-31-
D. STREETS AND RIGHTS-OF=NAY
All streets within the Project Area may be widened,
altered, or vacated for purposes of development of the Project.
New streets may be created as necessary. These public rights -
of -way shall be used for vehicular and/or pedestrian traffic, as
well as for public improvements, public and private utilities,
and activities typically found in the public rights -of way. Any
and all street vacations pursuant to this Plan shall be in
accordance with the City's public hearing requirements, as well
as all other applicable law including, but not limited to, those
provisions set forth in California Streets and Highways Code.
E. GENERAL CONTROLS AND LIMITATIONS
All real property in the Project Area is hereby subject
to the controls and requirements of this Plan. No real property
shall be developed, rehabilitated, or otherwise changed after the
date of adoption of the Plan except in conformance with the
provisions of this Plan and all applicable State and local laws
in effect from time to time.
1) New Construction.
All new construction shall comply with all
applicable State and local laws in effect from time to time.
2) Existing Non -Conforming Uses.
Subject to applicable City land use regulations in
effect from time to time, the Agency is authorized to permit an
existing use to remain in an existing building in good physical
condition which does not conform to the provisions of this Plan
-32-
provided that such use is generally compatible with the
developments and uses within the Project Area.
3) Rehabilitation.
Any structure within the Project Area which will
be retained as part of the Plan shall not be altered,
reconstructed, or rehabilitated unless it is done so in
conformance with the Redevelopment Plan and any and all
guidelines which may be adopted by the Agency to assist in the
implementation of the Plan. This conformity shall extend to the
architectural character, the public spaces and other elements as
required by the Agency.
4) Open Spaces and Landscaping.
The approximate amount of open space to be
provided within the Project Area is as set forth in the General
Plan as it currently exist or may be amended from time to time.
These areas include, but are not limited to, the total of all
areas which will be in the public rights -of -way, open space
areas, the space around buildings, and all other outdoor areas
not permitted through applicable limits of land coverage to be
covered by buildings.
5) Utilities.
The provision of utilities shall be regulated as
provided in the applicable City land use regulations in effect
from time to time.
-33-
6) Signs.
Signs within the Project Area shall be regulated
as provided.in the applicable City land use regulations in effect
from time to time.
• ,! • �i 1. a q, -_h• • 1.'_. - •,� • •. �..
As further provided in Part IV of this Plan, there
shall be no discrimination or segregation based on.race, color,
creed, sexual orientation, religion, sex, physical or mental
disability, marital status, ancestry or national origin permitted
in the sale, lease sublease, transfer, use, occupancy, tenure, or
enjoyment of property in the Project Area.
8) Resubdivision of Parcels.
Subdivision and resubdivision of parcels in the
Project Area shall be regulated as provided in the applicable
City land use regulations in effect from time to time.
9) variances.
In the event the City grants a variance from
applicable City land use regulations for development of a parcel
within the Project Area, such grant of variance shall be deemed
to constitute a comparable variance from the land use standards
of this Plan without additional action by the Agency.
Within the limits, restrictions, and controls
established in the Plan, the Agency is authorized to establish
specific building heights, building coverage, design criteria,
architectural character, landscaping character, sign character,
-34-
traffic circulation ingress and egress, and any other development
and design control necessary to implement the Plan. Said
controls may relate to both private and public areas within the
Project Area. No new development shall be constructed and no
existing improvements shall be substantially modified, altered,
repaired, or rehabilitated except in accordance with the
aforementioned standards for development. Said standards may be
developed and adopted by the Agency. The Agency shall not
approve plans which do not comply with the design criteria.
1) height and Bulk.
On any building site the bulk of structures shall
be regulated as provided in the City's Zoning ordinance.
2) QensltV.
Subject to applicable state and local provisions
regarding density bonuses for specified types of development, the
maximum permitted dwelling unit density and the maximum
nonresidential densities shall be that established in the Land
Use Element of the.General Plan as said plan exists or may
hereafter be amended.
3) Dwelling Unit Count.
The approximate number of housing units within the
Project Area at the time of adoption of this Second Amended and
Restated Plan is 213, including 32 recreation vehicles being used
as permanent residences. As more fully set forth in subsection
2) above, the maximum number of.dwelling units in the Project
-3 a-
Area shall be regulated as provided in the General Plan as it now
exists or may hereafter be amended.
By regulation or policy guideline adopted by the
Agency from time to time, the Agency shall ensure compliance with
the provisions of Health and Safety Code Section 33413 requiring
that specified percentages of all new or rehabilitated dwelling
units developed in the Project Area be available at affordable
housing cost to low- and moderate -income households (including
very low income households). such adopted Agency regulations
and/or policy guidelines shall be applicable and enforceable
under this Plan with respect to parcels developed with new or
rehabilitated residential structures in the Project Area
regardless of whether such parcels are developed with Agency
assistance or participation.
No permit shall be issued for the construction of any
new building or for any construction on an existing building in
the Project Area from the date of adoption of this Plan until the
application for such permit has been made and processed in a
manner consistent with all City requirements.
The Agency is authorized to establish permit
procedures and approvals in addition to those set forth above
where required for the purposes of this Plan. Where such
additional procedures and approvals are established, a building
permit shall be issued only after the applicant for same has been
-36-
granted all approvals required by the City and the Agency at the
time of application.
VII. METHODS FOR FINANCING THE PROJECT
Upon adoption of this Plan by the City Council, the
Agency is authorized to finance this Project with financial
assistance from the City of Campbell, State of California, Santa
Clara County, Federal Government, property tax increments,
interest income, Agency notes and bonds, or any other available
source.
The advances for survey and planning and the operating
capital for administration of this Project may come through loans
from the City. Such loans shall be on terms established by the
City and the Agency. The City may also supply additional
assistance through City loans and grants for various public
facilities.
As available, Gasoline Tax funds from the State of
California and the County of Santa Clara may be used toward the
cost of the street system and related improvements. There will
also be some revenue accruing to the Project from interest earned
on investments of Agency funds.
The Agency is hereby authorized to obtain advances,
borrow funds and create indebtedness and other obligations in
carrying out this Plan after first submitting a financing summary
of each project to the City Council. The principal and interest
on such advances, funds, indebtedness and other obligations may
-37-
be paid from tax increments or any other funds available to the
Agency.
All taxes levied upon taxable property within the
Project Area each year by or for the benefit of the state of
California, County of Santa Clara, City of Campbell, any
district, or other public corporation (hereinafter sometimes
called "taxing agencies") after the effective date of the
ordinance initially approving this Plan (and, where applicable,
after the effective date of any ordinance amending the Plan to
add territory to the Project Area), shall be divided as follows:
1) That portion of the taxes which would be produced
by the rate upon which the tax is levied each year by or for each
of the taxing agencies upon the total sun of the assessed value
of the taxable property in the Project Area (as shown upon the
assessment roll used in connection with the taxation of such
property by such taxing agency), last equalized prior to the
effective date of such ordinance, shall be allocated to and when
collected shall be paid to the respective taxing agencies as
taxes by or for said taxing agencies on all other property are
paid. For the purpose of allocating taxes levied by or for any
taxing agency or agencies which did not include the territory of.
the Project Area on the effective date of such ordinance but to
which such territory has been annexed or otherwise included after
such effective date, the assessment roll of the County of Santa
Clara last equalized on the effective date of said ordinance
-38-
0
shall be used in determining the assessed valuation of the
taxable property in the Project on the effective date® and
2) That portion of said levied taxes each year in
excess of such amount shall be allocated to and when collected
shall be paid into a special fund of the Agency to pay the
principal of and interest on loans, monies advanced to, or
indebtedness (whether funded, refunded, assumed or otherwise)
incurred by the Agency to finance or refinance, in whole or in
part, the Central Campbell Redevelopment Project. Unless and
until the total assessed valuation of the taxable property in the
Project Area exceeds the total assessed valuation of the taxable
properties in such Project as shown by the last equalized
assessment roll referred to in paragraph (1) hereof, all of the
taxes levied and collection upon the taxable property in the
Project shall be paid into the funds of the respective taxing
agencies. When said loans, advances and indebtedness, if any,
and interest thereon, have been paid, all monies thereafter
received from taxes upon the taxable property in the Project
shall be paid into the funds of the respective taxing agencies as
taxes on all other property are paid.
The portion of taxes mentioned in subdivision (2)
above may be irrevocably pledged by the Agency for the payment of
the principal of and interest on money advanced, loans, or any
indebtedness (whether funded, refunded, assumed or otherwise) by
the Agency to finance or refinance in whole or in part, the
Central Campbell Redevelopment Project.
-39-
The Agency is authorized to make such pledges as
to specific advances, loans, indebtedness, and other obligations
as appropriate, in carrying out the Project.
As to the tax increments generated within the
Project Area, no loans, advances or indebtedness shall be
establishOd or incurred by the Agency after the expiration of
thirty-four (34) years from date upon which this Second Amended
and Restated Plan was adopted without further amendment to this
Plan (that is, no new loans, advances, or indebtedness shall be
incurred after June 16, 2026).
The undertaking of the downtown revitalization,
the construction of necessary downtown traffic circulation and
street improvements, and public improvements in the McGlincey
Lane area including the conversion of Cristich Lane to a public
street will be very costly projects. Further, the development of
the Community Center and the provision of adequate relocation
assistance will also require substantial funding. Therefore,
given these major concerns, as well as the need to support low
and moderate income housing, the following tax increment revenue
limits will be in effect:
1) No more than $100,000,000 in bonded
indebtedness to be repaid in whole or in part from tax increment
revenue may be outstanding at any one time without further
amendment of this Plan.
-40-
4
2) As to the tax increments generated within the
Project Area, no more than $425,000,000 may be divided and
allocated to the Agency without further amendment of this Plan.
Any other loans, grants, or financial assistance from
any other public or private source may be utilized if available.
VIII. ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in
carrying out this Plan and shall take all actions necessary to
ensure the continued fulfillment of the purposes of the Plan to
prevent the recurrence or spread in the area of conditions
causing blight. Action by the City may include, but not be
limited to, the following:
A. Initiation and completion of proceedings for opening,
closing, vacating, widening, or changing the grades of streets,
alleys, and other public rights -of -ways, and for necessary
modifications of the streets, the street layout, and other public
rights -of -way in the Project Area. Such action by the City shall
include proceedings for the abandonment and relocation of public
utilities in the public rights -of -way as appropriate to carry
out this Plan.
B. Initiation and completion of proceedings necessary
for changes and improvements in publicly -owned public utilities
within or affecting the Project Area.
-41-
C. Imposition wherever necessary (by conditional use
permits or other means) of appropriate controls, within the
limits of this Plan, upon parcels in the Project Area to ensure
their proper development and use.
D. Provision for administrative enforcement of this
Plan by the City after development.
E. Performance of the above, and of all other
functions and services relating to public health, safety and
physical development normally rendered in accordance with a
schedule which will permit the development of the Project Area,
to be commenced and carried to completion without unnecessary
delay.
IX.
After development, the administrative enforcement of this
Plan or other documents implementing this Plan shall be performed
by the City or the Agency.
The provisions of this Plan or other documents entered into
pursuant to this Plan may also be enforced by Court litigation
instituted by either the Agency or the City. such remedies may
include, but are not limited to, specific performance, damages,
re-entry, injunctions, or any other remedies appropriate to the
purposes of this Plan. In addition, any recorded provisions
which are expressly for the benefit of owners of property in the
Project Area, may be enforced by such owners.
-42-
Imaqv• •j&4t
Except for the nondiscrimination and nonsegregation
provisions, which shall run in perpetuity, the provisions of this
Plan shall be effective and the provisions of other documents
formulated pursuant to this Plan may be effective for 35 years
from the adoption date of the ordinance adopting this Second
Amended and Restated Plan (that is, until June 16, 2037);
provided, however, that the Agency may issue bonds and incur
indebtedness pursuant to this Plan which extend beyond the above -
stated termination date, and in such event, this Plan shall
continue in effect for the purpose of repaying such bonds or
other indebtedness until the date of retirement of such bonds or
other indebtedness.
XI. PROCEDURE FOR AMEN
This Plan may be amended by means of the procedure
established in the Redevelopment Law (see California Health and
Safety Code 33450 to 33458). as the same now exists or as
hereafter amended, or by any other procedure hereafter
established by law.
XII. CONSTRUCTION OF REPLACEMENT HOU5INC
Pursuant to 33334.5 of the California Health and Safety
Code, the Agency shall, within four years of the destruction or
removal of low and moderate income housing, develop, construct,
or cause to be rehabilitated, developed or constructed, for
-43-
rental or sale to families of low and moderate income, an equal
number of replacement dwelling units at affordable rents or sales
prices within the Project Area or within the territorial
jurisdiction of the Agency, in accordance with all of the
provisions of 33413 and 33413.5 of the California Health and Safety
Code.
In addition to the programs, undertakings, activities and
authority specifically set forth here, the Agency is authorized to
use any.and all authority available to the Agency to carry out the
goals and objectives as such authority is set forth in the
Community Redevelopment Law, as such law now permits or as it may
be amended in the future.
If any provision, section, subsection, subdivision,
sentence, clause or phrase of this Plan is for any reason held to
be invalid, unenforceable, or unconstitutional, such decision shall
not affect the validity and effectiveness of the remaining portion
or portions of the Plan. In the event that any portion of the
Project Area shall be determined to have been invalidly or
incorrectly included in the Project Area that is the subject of
this Plan, such portion of the Project Area shall be deemed
severable from the remainder of the Project Area and the remainder
of the Project Area shall remain fully subject to the provisions of
this Plan.
-44-
.-- a ." -.
:{/.RPIobr1=
owl
,� it•ijt / ••,
B-1
j/fir Ak
EXHIBIT B
GENERAL PLAN
' •'-'- �' Low Densffy Residential LM TW 6 urft Pw cw. A.
?...... Low•Medium Density Resididential 6 -1a unbPwrr. n.
High Density Residential 21 _V urft wr Gr. AL
Commercial
Professional Office
' Public, Semi -Public
.� Professional Office and/or High Density Residential
Medium Density Residential and/or Professional Office
Commercial and/or Industrial
Commercial/Professional
Density ice/High Off tty
Residential
o
Professional OfficeAmw
Density Residential
Industrial — Low - Medium Density Residential
•; ::.; Commercial or Industrial or High Density Residential
_=- Office — Low - Medium Density Residential
ME Industrial
I
B-2
fi inrrrr ERIII llri34DI
Qrrr �� ■�
W'` '��",.�r��-:mar' ■ate
t islaaa� sltta•j--
�■■
_ rIt=1IIItiIIIIt :
'■ mum err a ,.. _ xii
� .... _ � ■ r �. � '� _ �rtf!' tom• �
Vall 26_'i
aa`. R;r.� �� ��fa■Ct'J AlmMOOR�-
Mum josg%.Wlp� xg!jEj sum -a—
=_ ..! �a
'■� :� ■`i.�i!:. III
'nir �SO ~y _.� ~ • • • ■ Now
� /�drmnm, _ram
,•ice}�� �."r= ■..
i�
aaY� c= moor 11111111i.{ a':
�•Z5.-�
1 r-
1/1111 ~1 �ntii Ilt
NINE /II�Dt1I11it1■ 11111//11 ` v -
_ �
fa �%I tt�tlllltlll� i11111I%�i11111111!� ` `.����:� � a ��
Mr- am Itl/it�11 t■ ■�11/lilt/tlt �' � �=� -�
_ittiic�it 1 ■ �iiir Il„irnir � � •� �tltl%�—
t1111QQ//11/." /[pllf it ,t.ij: ,UWE
',►�l�' ■11 ■
fit ttflll. / ` ...
I/tnE9
gill
%V1833 AN
�_ -_•,�v it .•�� �0 i �t•� �/��� A�wl
� /k
'Mir�� �7{1��*��-...� _
LM
sit
NOR eiigo
nlbti?� Milk
SIX `1k
moan
Ella moot to
MIt�-jam ■ -
�!lrr�r�l� �Ilirii� 0;� ar '�'
- �'.
■ 1i: _��/� /il 1tt1 fill �'''+-TAM
MO+'�-i�. , �� 'ss rarer
g hibit D
149al Descsipti°Tls
.D-1
EXHIBIT D
LEGAL DESCRIPTION OF PROJECT AREA
The Project Area is described in two parts as follows:
1. Exhibit D-1 provides the legal description of the
Project Area established as part of the original Central Campbell
Redevelopment Plan adopted by City Council Ordinance No. 1461,
dated June 21, 1983; and
2. Exhibit D-2 provides the legal description of the
territory added to the Project Area as part of the Second Amended
and Restated Central Campbell Redevelopment Plan adopted by City
Council Ordinance No. 1860, dated June 16, 2992.
D-2
When Recorded Return to:
Goldfarb & Lipman
One Montgomery Street
Telesis Tower, 23rd Floor
San Francisco, CA 94104
Attn: Linda Manhart
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE 1912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING
AN AMENDMENT TO THE CENTRAL CAMPBELL REDEVELOPMENT PLAN PURSUANT
TO HEALTH AND SAFETY CODE SECTION 33333.6, AND AMENDING RELATED
ORDINANCES IN CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council of the City of Campbell adopted
the Central Campbell Redevelopment Plan by Ordinance No. 1461
adopted June 21, 1983, as amended by the First Amended and
Restated Central Campbell Redevelopment Plan adopted by Ordinance
No. 1830 adopted January 15, 1991, as further amended by the
Second Amended and Restated Central Campbell Redevelopment Plan
adopted by Ordinance No. 1860 adopted June 16, 1992
(collectively, the "Redevelopment Plan") establishing the Central
Campbell Redevelopment Project Area (the "Project Area"). The
legal description of the Project Area is set forth in Exhibit A
of the Time Limits Amendment described and incorporated in this
Ordinance by reference below; and
WHEREAS, the Redevelopment Plan, as adopted and amended,
contains time limits for conducting certain redevelopment
functions meeting the requirements of the Community Redevelopment
Law ("CRL") for such time limits in effect as of the date of
adoption and amendment of the Redevelopment Plan; and
WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211)
amended the CRL effective January 1, 1994. Among other matters,
Chapter 942 adds Health and Safety Code Section 33333.6 to the
CRL, requiring the City Council to amend the Redevelopment Plan
to incorporate specified new and revised time limits for
conducting various redevelopment functions; and
WHEREAS, the City of Campbell Redevelopment Agency (the
"Agency") has analyzed the provisions. of the Redevelopment Plan
and the time limit requirements of Health and Safety Code Section
1030JUT50 1
33333.6, and'has determined that the Redevelopment Plan must be
amended to add or revise time limits related to incurring
indebtedness, completing redevelopment activities, and receiving
tax increment revenue in the manner and to the extent set forth
in the staff report prepared in connection with this Ordinance
and on file with the City Clerk; and
WHEREAS, the Agency has prepared an amendment to the
Redevelopment Plan to add or revise the time limits required by
Health and Safety Code Section 33333.6 (the "Time Limits
Amendment"), a copy of which is on file with the City Clerk; and
WHEREAS, the City Council desires to amend the Redevelopment
Plan in accordance with the terms of the Time Limits Amendment as
authorized and directed pursuant to Health and Safety Code
Section 33333.6(e); and
WHEREAS, Health and Safety Code Section 33333.6(e)(2)
states:
The limitations established in the ordinance adopted
pursuant to this section shall apply to the redevelopment
plan as if the redevelopment plan had been amended to
include those limitation. However, in adopting the
ordinance required by this section, neither the legislative
body nor the agency is required to comply with Article 12
(commencing with Section 33450) or any other provision of
this part relating to the amendment of redevelopment plans.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAMPBELL:
Section 1. The City Council hereby finds and declares that
the above recitals are true and correct.
Section 2. The Time Limits Amendment is hereby incorporated
in this Ordinance by reference and made a part of this Ordinance
as if set out in full in the Ordinance.
Section 3. It is hereby found and determined that the
proposed amendments embodied in the Time Limits Amendment are
necessary and desirable. The Redevelopment Plan, as adopted by
Ordinance No. 1461 adopted June 21, 1983, as amended by the First
Amended and Restated Central Campbell Redevelopment Plan adopted
by Ordinance No. 1830 adopted January 15, 1991, as further
amended by the Second Amended and Restated Central Campbell
Redevelopment Plan adopted by Ordinance_No. 1860 adopted June i6,
1992, is further amended in accordance with the proposed
amendments set forth in the Time Limits Amendment.
1030JUT50 2
Section'4. The Time Limits Amendment is hereby adopted,
approved, and designated as part of the official Redevelopment
Plan for the Project Area. It is the purpose and intent of the
City Council that the Time Limits Amendment be implemented as
part of the Redevelopment Plan for the Project Area. The
Executive Director of the Agency may prepare a document that
incorporates the provisions of the Time Limits Amendment into the
existing text of the Redevelopment Plan, and such document shall
then constitute the official Redevelopment Plan for the Project
Area.
Section 5. To the extent of the amendments set forth in the
Time Limits Amendment, this Ordinance amends Ordinance No. 1461
adopted June 21, 1983, Ordinance No. 1830 adopted January 15,
1991, and Ordinance No. 1860 adopted June 16, 1992.
Section 6. In accordance with Health and Safety Code
Section 33333.6(h), the Time Limits Amendments shall not be
construed to affect the validity of any bond, indebtedness, or
other obligation, including any mitigation agreement entered into
pursuant to Section 33401, authorized by the City Council or the
Agency prior to January 1, 1994. Nor shall the Time Limits
Amendment be construed to affect the right of the Agency to
receive property taxes pursuant to Health and Safety Code Section
33670, to pay the indebtedness or other obligation described in
this Section 6.
Section 7. The City Clerk is hereby directed to file a copy
of the Time Limits Amendment with the minutes of this meeting. A
copy of this Ordinance and the Time Limits Amendment shall be
transmitted to the Agency and the Agency is vested with the
responsibility of implementing the Time Limits Amendment.
Section 8. The Executive Director of the Agency is hereby
,directed to record the Ordinance and the Time Limits Amendment in
compliance with the provisions of Government Code Section 27295.
Section 9. This Ordinance shall take effect and be in full
force from and after thirty (30) days from the date of its final
passage.
The foregoing ordinance was introduced and read before the
City Council of the City of Campbell at a regular meeting of the
City Council of the City of Campbell held on November ..l5„ 1994 '
1994, and the second reading was held at a regularly held meeting
of December 6. , 1994, where it was finally adopted. Said
Ordinance was passed and adopted and ordered published within
fifteen (15) days of the date of adoption in the campbell.Express
a newspaper of general circulation published ir, the County
1030JUS50 3
of Santa Clara and circulated in the City of Campbell, by the
following vote.
AYES: COUNCILMEMBERS: Conant, Ashworth, Burr, Dougherty, Watson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Je to Watson, Mayor
y of Campbell
ATT
C1 y Clerk
Anne Bybee
APPROVED AS TO FORM:
ty Attorney
William Seligmann
1030JU.P50 4
TIME LIMITS AMENDMENT
TO THE CENTRAL CAMPBELL REDEVELOPMENT PLAN
Adopted December 6, 1994 , 1994
Ordinance No. 1912
I. INTRODUCTION
The City Council of the City of Campbell has adopted the
Central Campbell Redevelopment Plan by Ordinance No. 1461 adopted
June 21, 1983, as amended by the First Amended and Restated
Central Campbell Redevelopment Plan adopted by Ordinance No. 1830
adopted January 15, 1991, as further amended by the Second
Amended and Restated Central Campbell Redevelopment Plan adopted
by Ordinance No. 1860 adopted June 16, 1992 (collectively, the
"Plan") establishing the Central Campbell Redevelopment Project
Area (the "Project Area"). The Plan, as adopted and amended,
contains time limits for conducting certain redevelopment
functions meeting the requirements of the Community Redevelopment
Law ("CRL") for such time limits in effect as of the date of
adoption and amendment of the Plan. Health and Safety Code
Section 33333.6, effective January 1, 1994, requires an amendment
to the Plan to incorporate specified new and revised time limits
for conducting various redevelopment functions. This Amendment
has been prepared by the City of Campbell Redevelopment Agency
staff to comply with the requirements of Health and Safety Code
Section 33333.6.
II. DELETIONS FROM PLAN
A. The paragraph of Part VII.B of the Plan that formerly
read as follows is hereby deleted in its entirety:
"As to the tax increments generated within the Project
Area, no loans, advances or indebtedness shall be
established or incurred by the Agency after the
expiration of thirty-four (34) years from date upon
which this Second Amended and Restated Plan was adopted
without further amendment to this Plan (that is, no new
loans, advances, or indebtedness shall be incurred
after June 16, 2026)."
B. Former Part X of the Plan is hereby deleted in its
entirety.
1030JS.P50
III. ADDITIONS TO PLAN
A new Part X is hereby added to the Plan to read as
follows:
"X.' TIME LIMITATIONS
A. Initial Project Area
This Section A applies to the portion of the Project
Area established pursuant to Ordinance No. 1461, adopted
June 21, 1983, as described in Exhibit A-f (the "Initial
Project Area") attached hereto and by this reference
incorporated herein. This Section A supersedes any
inconsistent provision of the Plan..
Except as provided in Health and Safety Code Sections
33333.6(g) and (h), and except for any other authority in
excess of the following limits that may from time to time be
granted by statute (which authority shall be deemed to be
incorporated into the provisions of the Plan by this
reference and shall supersede the following limits):
1. The time limit with respect to the Initial
Project Area on the establishing of loans, advances, and
indebtedness, adopted pursuant to Health and Safety Code
Section 33333.2(2)., shall be January 1, 2004, unless the
Plan is amended as permitted by law. This limit, however,
shall not prevent the Agency from incurring debt to be paid
from the Low and Moderate Income Housing Fund established
pursuant to Health and Safety Code Sections 33334.2 and
33334.3 or from establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety
Code Section 33413.
2. The effectiveness of the Plan with respect to
the Initial Project Area (including, without limitation, the
effectiveness of the Agency's land use controls for the
Initial Project Area under the Plan) shall terminate on June
21, 2023. After expiration of this time limit on the
effectiveness of the Plan with respect to the Initial
Project Area, the Agency shall have no authority to act
pursuant to the Plan with respect to the Initial Project
Area, except to -pay previously incurred indebtedness and to
enforce existing covenants, contracts,.or other obligations.
3. The Agency shall not pay indebtedness or
receive property taxes pursuant to Health and Safety Code
Section 33670 with respect to the Initial Project Area after
1030JS.P50 - 2 -
r
10 years from the termination of the effectiveness of the
Plan with respect to the Initial Project Area as set forth
in subdivision A.2. above (i.e., no debt payment or tax
increment revenue receipt after June 21, 2033).
The above time limits shall not affect the validity of
any bond, indebtedness, or other obligation, including, but
not limited to, any agreement entered into pursuant to
Health and Safety Code Section 33401, authorized by the City
Council or the Agency prior to January 1, 1994. Nor shall
this time limit be construed to affect the right of the
Agency to receive property taxes, pursuant to Section 33670
to pay the indebtedness or other obligation."
B. Expansion Area
This Section B applies to the portion of the Project
Area established pursuant to Ordinance No. 1860, adopted
June 16, 1992, as described in Exhibit A-2 (the "Expansion
Area") attached hereto and by this reference incorporated
herein. This Section B supersedes any inconsistent
provision of the Plan.
Except as provided in Health and Safety Code Sections
33333.6(g) and (h), and except for any other authority in
excess of the following limits that may from time to time be
granted by statute (which authority shall be deemed to be
incorporated into the provisions of the Plan by this
reference and shall supersede the following limits):
1.. The time limit with respect to the Expansion
Area on the establishing of loans, advances, and
indebtedness, adopted pursuant to Health and Safety Code
Section 33333.2(2), shall be June 16, 2012, unless the Plan
is amended as permitted by law. This limit, however, shall
not prevent the Agency from incurring debt to be paid from
the Low and Moderate Income Housing Fund established
pursuant to Health and Safety Code Sections 33334.2 and
33334.3 or from establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety
Code Section 33413.
2. The effectiveness of the Plan with respect to
the Expansion Area (including, without limitation, the
effectiveness of the Agency's land use controls for the
Expansion Area under the Plan) shall terminate on June 16,
2027. After expiration of this time limit on the
effectiveness of the Plan with respect to the Expansion
Area, the Agency shall have no authority to act pursuant to
the Plan with respect to the Expansion Area, except to pay
103WS.PSO - 3 -
previously incurred indebtedness and to enforce existing
covenants, contracts, and other obligations.
3. The Agency shall not pay indebtedness or
receive property taxes pursuant to Health and Safety Code
Section 33670 with respect to the Expansion Area after 10
years from the termination of the effectiveness of the Plan
with respect to the Expansion Area as set forth in
subdivision B.2. above (i.e., no debt payment or tax
increment revenue receipt after June 16, 2037).
The above time limits shall not affect the validity of
any bond, indebtedness, or other obligation, including, but
not limited to, any agreement entered into pursuant to
Health and Safety Code Section 33401, authorized by the City
Council or the Agency prior to January 1, 1994. Nor shall
this time limit be construed to affect the right of the
Agency to receive property taxes, pursuant to Section 33670
to pay the indebtedness or other obligation."
IV. EFFECT OF AMENDMENTS
All provisions of the Plan not specifically amended or
repealed in this Amendment shall continue in full force and
effect.
1030JS.PSO -4 -