CC Resolution 10268
RESOLUTION NO. 10268
A RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY TO EXECUTE A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH CAMPBELL AVENUE ASSOCIATES, INC. (dba: SAND
HILL PROPERTY COMPANY) FOR THE SALE AND DEVELOPMENT OF 175-
201 CAMPBELL AVENUE AND MAKING STATUTORY FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of Campbell adopted the Central
Campbell Redevelopment Plan by Ordinance No. 1461 on June 21, 1983, as amended by
Ordinance No. 1830, adopted on January 15,1991, as further amended by Ordinance No.
1860, adopted on June 16, 1992, as further amended by Ordinance No. 1912, adopted on
December 6, 1994 and as further amended by Ordinance 2028 adopted on February 18,
2003 (collectively, the "Redevelopment Plan"), establishing the Central Campbell
Redevelopment Project Area (the "Project Area") and
WHEREAS, the City of Campbell Redevelopment Agency Board (the "Agency")
is charged with implementing the Redevelopment Plan as amended from time to time;
and
WHEREAS, the Agency owns in fee the property at 175-201 E. Campbell
Avenue (the "Site") sited within the Project Area and contained within the Campbell
Avenue Master Developer Site created by the Agency on April 18, 2000 by Resolution
2000-11; and
WHEREAS, the Agency desires to enter into a Disposition and Development
Agreement (the "DDA") with Campbell Avenue Associates, Inc. (dba: Sand Hill
Property Company) (the "Developer") substantially in the form on file with the City
Clerk, establishing terms and conditions under which the Agency will sell to the
Developer the Site for a mixed use development; and
WHEREAS, the Site is currently vacant occupying an area along the north side
of E. Campbell Avenue between Second and Third Streets strategically located in the
heart of downtown Campbell and critical to downtown revitalization. Disposition and
development of the Site pursuant to the DDA will meet goals and objectives of the
Redevelopment Plan through enhancement of the physical environment, the creation of
retail space and the development of new housing including three affordable housing
units; and
WHEREAS, the DDA provides for sale of the Site to the Developer only if the
City, in its sole discretion, grants specified land use entitlements including Site and
Architectural Approval, Tentative Subdivision Map and Parking Exception; (the
"Planning Approvals")and
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WHEREAS, the Agency has placed on file a copy of the DDA and Summary
Report called for in Health and Safety Code Section 33433 (the "Summary Report") and
has made the DDA and the Summary Report available for public inspection and copying;
and
WHEREAS, the City of Campbell City Council (the "City Council")and the
Agency have conducted a duly noticed public hearing on the DDA pursuant to Health and
Safety Code Section 33433 for the purpose of receiving input and comments from the
public on the DDA; and
WHEREAS, the City Council finds and grants the consents required by Health
and Safety Code Section 33433, in connection with Agency approval of the DDA; and
WHEREAS, the Agency and City Council have caused preparation of a Negative
Declaration in accordance with the California Environmental Quality Act (CEQA), the
State Guidelines, and the Local CEQA Implementing Guidelines, in connection with
consideration of the DDA. A copy of the Negative Declaration is on file with the City
Clerk; and
WHEREAS, the Negative Declaration did not call for the imposition or
implementation of any CEQA mitigation measures in connection with the development
of the Site beyond those already incorporated into the DDA; 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 findings and actions set forth in the Resolution
are based.
NOW, THEREFORE, BE RESOLVED AS FOLLOWS:
1. The City Council hereby finds that the above recitals are accurate.
2. The City Council hereby finds that it has [considered the Negative Declaration
prepared for] the DDA, and that the Negative Declaration constitutes the
independent judgment and analysis of the City Council.
3. The City Council further finds that there is no substantial evidence that the
implementation or approval of the DDA will have a significant effect on the
environment and that these findings are made in compliance with Sections 15073
and 15074 of the State CEQA Guidelines and Sections 21083 and 21087 of the
Public Resources Code.
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.
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5. Based on the information and analysis set forth in the Negative Declaration, there
is no evidence that the DDA or the development of the Site pursuant to the DDA
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 this Resolution and approval of the DDA,
as required by Public Resources Code Section 21089.
6. Pursuant to Health and Safety Code Section 33433, the City Council hereby finds
that the consideration to be given by the Developer for the fee interest in the Site
to be transferred under the DDA is not less than the fair reuse value of the Site
based on the reuse report described below and the facts stated in the Summary
Report found as Attachment 3 to the Staff Report as summarized:
a. The Agency has caused a fair reuse analysis to be prepared by Keyser
Marston Associates, a qualified economics and real estate professional
corporation. The report quantifies the fair reuse value of the Site based on
the covenants, conditions and restrictions of the DDA (the "Reuse
Report") which is attached to and made a part of the Summary Report.
b. The Developer agrees to pay the Agency in excess of the reuse value as
detailed in the Reuse Report and the Summary Report.
7. Pursuant to Health and Safety Code Section 33433, the City Council hereby finds
that the conveyance of the Site pursuant to the DDA will assist in the elimination
of blight in the Project Area and is consistent with the Agency's AB 1290
Implementation Plan (the "Implementation Plan") adopted pursuant to Health and
Safety Code Section 33490. These findings are based on the facts and analysis set
forth in the Summary Report and the Staff Report accompanying this Resolution,
which may be briefly summarized as follows:
a. The Project will eliminate the blight of vacant property in the heart of
downtown Campbell which currently provides no economic benefit or
physical contribution to downtown in its current state.
b. The Project will result in the development of a comprehensive
development that will continue the urban form and development pattern
established with the Gateway project and Stoddard's building. The "Main
Street" approach contemplated under the DDA is consistent with the
City's Downtown Development Plan and is significant in maintaining the
continuity of continuous development along the street that is essential to a
successful downtown revitalization program.
c. Site development and property assembly was planned concurrently with
the new downtown public parking structure that is immediately adjacent to
the Project and within the Campbell Avenue Master Developer Site. The
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coordination of these projects helps to take advantage of economies of
scale by using joint utilities, coordinating pedestrian access, use of
landscaping and overall site planning.
8. Pursuant to Health and Safety Code Section 33433, the City Council hereby
approves the DDA and all ancillary documents; approves execution by the
Agency Executive Director of the DDA and all ancillary documents in
substantially the form on file with the City Clerk, with such changes as are
approved by the Agency signatory; and approves the grant of the Site by the
Agency pursuant to the provisions of the DDA, including the condition that the
Developer first obtain the Planning Approvals (which may be granted or denied in
the City's policy discretion).
9. Nothing is this resolution shall affect the City Council's policy discretion in
granting or denying the Planning Approvals.
10. The City Council designates the City Clerk and the Secretary of the Agency as the
custodian of the documents and other material which constitute the record of
proceedings upon which the decision herein is based. These documents may be
found at the office of the City at Campbell City Hall, 70 North First Street,
Campbell, California 95008.
11. This Resolution shall take immediate effect from and after its passage.
PASSED AND ADOPTED, this 18th day of November, 2003 by the following roll
call vote:
AYES: Councilmembers Watson, Kennedy, Burr, Furtado
NOES: Councilmembers None
ABSTAIN: Councilmembers None APPROVE~~)a81\~
ABSENT: Councilmembers Dean
~
ATTEST:
Anne Bybee, City Clerk
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