CC Resolution 10487
CITY OF CAMPBELL
RESOLUTION NO. 10487
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL MAKING
FINDINGS AND APPROVALS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN CONNECTION WITH THE NEGATIVE DECLARATION PREPARED
FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY BY THE CITY OF
CAMPBELL REDEVELOPMENT AGENCY FOR THE CONSTRUCTION OF THE
CAMPBELL AVENUE AFFORDABLE HOMES DEVELOPMENT THEREON, AND FOR
THE CONSTRUCTION OF CERTAIN WATER DISTRICT IMPROVEMENTS ON
ADJACENT PROPERTY
RESOLVED, by the City Council (the "City Council") of the City of Campbell (the
"City"), that:
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq., the "Redevelopment Law"), the City Council has adopted a
redevelopment plan by Ordinance No. 1461 dated June 21, 1983, as amended and restated by: (i)
Ordinance No. 1830 dated January 15, 1991, (ii) Ordinance No. 1860 dated June 16, 1992, (iii)
Ordinance No. 1512 dated December 6, 1994, (iv) Ordinance No. 2028 dated February 18,2003,
and (v) Ordinance No. 2041 dated March 2,2004 (the "Redevelopment Plan"), pertaining to the
Central Campbell Redevelopment Project Area as described therein (the "Project Area");
WHEREAS, a central objective of the Redevelopment Plan and the Redevelopment Law
is the creation of new housing to provide long-term affordable housing opportunities for low and
moderate income households;
WHEREAS, the Agency is responsible for administering the Redevelopment Plan to
cause redevelopment of the Project Area, including assembly, site preparation and redisposition
of property both within and outside the Project Area for private redevelopment consistent with
the Redevelopment Plan;
WHEREAS, the Agency has entered into a Purchase and Sale Agreement (the "Purchase
Agreement") with the Santa Clara Valley Water District (the "Water District") pursuant to which
the Agency intends to purchase certain real property from the Water District generally located at
the intersection of West Campbell Avenue and San Tomas Expressway at 511 and 555 West
Campbell A venue (the "Property");
WHEREAS, under the terms of the Purchase Agreement, the Agency has agreed to serve
as the project manager for the construction of three new water supply wells and pump stations on
adjacent real property, ownership of which property and improvements is to be retained by the
Water District (the "Water District Improvements"), and is negotiating a project management
agreement with the Water District (the "Project Management Agreement") governing the
construction of the Water District Improvements;
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WHEREAS, the Agency desires to cause redevelopment of the Property through the
development of a development of up to forty (40) single family homes and related parking,
landscaping and other ancillary facilities (the "Development");
WHEREAS, construction of the Development will require an amendment of the City's
General Plan designation for the southeast portion of the Development site from Low Density
Residential to Low-Medium Density Residential (the "General Plan Amendment");
WHEREAS, the Agency desires to enter into a disposition, development, and loan
agreement (the "DDLA") with Campbell Avenue, LLC, a California limited liability company
(the "Developer"), governing the construction of the Development and the removal of existing
improvements including existing wells and water storage tanks from the Property, and under
which agreement the Agency would sell the Property to the Developer and make a loan to the
Developer to finance acquisition of the Property and predevelopment costs associated with the
construction of the Development by the Developer;
WHEREAS, the Agency, serving as "lead agency" under the California Environmental
Quality Act and the applicable state and local implementing guidelines ("CEQA"), has prepared
a mitigated negative declaration (including an initial study) that has evaluated the (1) purchase
and sale of the Property by the Agency; (2) development of the Development on the Property and
the granting of the required land use approvals by the City for development of the Development
on the Property in accordance with the DDLA; (3) General Plan Amendment; and (4) Water
District Improvements (the "Negative Declaration");
WHEREAS, the City has served as, and has complied with the requirements of, a
"responsible agency" under CEQA in connection with the processing and consideration of the
Negative Declaration;
WHEREAS, the Negative Declaration, a copy of which is on file with the City Clerk and
Agency Secretary, has served as the CEQA document for consideration and approval by the
Agency and the City Council of the DDLA, the purchase and sale by the Agency of the Property,
the ultimate development of the Development on the Property, the construction of the Water
District Improvements, the General Plan Amendment, and the related findings and
determinations set forth in this Resolution and the companion resolution approved concurrently
by the City Council (the "Project Actions");
WHEREAS, the Negative Declaration calls for the imposition of certain CEQA
mitigation measures in connection with the Project Actions, and such mitigation measures have
been incorporated into the DDLA and will be incorporated in the Project Management
Agreement currently being negotiated between the Agency and the Water District; and
WHEREAS, by staff report accompanying this Resolution and incorporated into this
Resolution by this reference (the "Staff Report"), the City Council has been provided with
additional information upon which the findings and actions set forth in this Resolution are based,
including any public comment received on the Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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1. The City Council certifies its review and consideration of the Negative
Declaration in accordance with CEQA.
2. The City Council finds and determines that the Negative Declaration adequately
addresses the environmental issues pertaining to the Project Actions and properly concludes that
the Project Actions will not have a significant effect on the environment; therefore, no further
findings are required to be made by the City Council pursuant to 14 Cal. Code of Regulations,
Section 15096(h).
3. Based on the foregoing, the City Council states its intention that the Negative
Declaration serve as the environmental documentation for the City Council's consideration of the
Project Actions in compliance with CEQA.
4. The City Manager is hereby authorized and directed to file a Notice of
Determination in accordance with 14 Cal. Code of Regulations, Section 15075.
5. Based on the information and analysis set forth in the Negative Declaration, there
is no evidence that the Project Actions, including development of the Development on the
Property, would have any potential for adverse impact on wildlife resources, and, therefore, a
Certificate of Fee Exemption will be submitted with the Notice of Determination filed in
connection with the Project Actions, as required by Public Resources Code Section 21089.
6. The City Clerk shall be the custodian of the record upon which the City Council's
findings and approvals herein are based, and that some record shall be held at the office of the
City Clerk located at: 70 North First Street, Campbell, California.
7.
adoption.
This Resolution shall become effective immediately upon its passage and
PASSED AND ADOPTED this 19th day of April, 2005, by the City Council ofthe City of
Campbell by the following vote:
AYES:
Counci1members:
Burr, Hernandez, Furtado, Watson, Kennedy
NOES:
Counci1members:
None
ABSENT:
Counci1members:
None
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Jane Kennedy, Mayor
ATTEST:
~
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