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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 -