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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 1 03\36\173951.2 1 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. 103\36\173951.2 2 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 103\36\173951.2 3 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 103\36\ 173951 .2 4