Ordinance No. 1850ORDINANCE NO. 1850
AN ORDINANCE OF THE CITY OF CUPERTINO,
CALIFORNIA, APPROVING AND ADOPTING
THE REDEVELOPMENT PLAN FOR THE
CUPERTINO VALLCO REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Cupertino (the "City Council") has received
from the Cupertino Redevelopment Agency (the "Agency") the proposed Redevelopment Plan
(the "Redevelopment Plan") for the Cupertino Vallco Redevelopment Project (the "Project"), a
copy of which is on file at the office of the Agency at 10300 Torre Avenue, Cupertino,
California, and at the office of the City Clerk at 10300 Tone Avenue, Cupertino, California,
together with the Report of the Agency to the City Council on the proposed Redevelopment Plan,
including: (1) the reasons for selection of the Project Area; (2) a description of the physical and
economic conditions existing in the Project Area; (3) a description of specific projects proposed
by the Agency in the Project Area and an explanation of how the proposed projects will alleviate
the conditions existing in the Project Area; (4) the proposed method of financing redevelopment
of the Project Area, including an assessment of the economic feasibility of the Project and an
explanation of why the elimination of blight and redevelopment of the Project Area cannot be
accomplished by private enterprise acting alone or by the City Council's use of financing
alternatives other than tax increment financing; (5) an analysis of the Preliminary Plan for the
Project; (6) the Report and Recommendations of the Planning Commission of the City of
Cupertino (the "Planning Commission"); (7) the Final Environmental Impact Report; (8) a
summary of consultations with affected taxing agencies; and (9) an Implementation Plan; and
WHEREAS, the Planning Commission has reported that the Redevelopment Plan
conforms to the General Plan of the City of Cupertino and has recommended approval of the
Redevelopment Plan; and
WHEREAS, the Agency prepared and circulated a Draft Environmental Impact Report
(the "Draft EIR") on the Redevelopment Plan in accordance with the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation
of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and
environmental procedures adopted by the Agency pursuant thereto, and the Draft EIR was
thereafter revised and supplemented to incorporate comments received and responses thereto,
and, as so revised and supplemented, a Final Environmental Impact Report (the "Final EIR") was
prepared and certified by the Agency; and
WHEREAS, the Agency and the City Council have reviewed and considered the Final
EIR on the Redevelopment Plan and have determined that, for certain significant effects
identified by the Final E1R, mitigation measures and a monitoring program therefore have been
required in or incorporated into the Redevelopment Plan which avoid or substantially lessen such
effects; and
Ordinance No. 1850 Page 2
WHEREAS, the Agency and the City Council have each adopted a Statement of
Overriding Considerations for the remaining significant effects identified by the Final EIK which
cannot be mitigated to a level of insignificance; and
WHEREAS, the City Council and the Agency held a joint public hearing in the City
Council Chambers, 10300 Torre Avenue, Cupertino, California, on June 19, 2000, to consider
adoption of the Redevelopment Plan; and
WHEREAS, a notice of said hearing was duly and regularly published in The Cupertino
Courier, a newspaper of general circulation in the City of Cupertino, once a week for five
successive weeks prior to the date of said heating, and a copy of said notice and affidavit of
publication are on file with the City Clerk; and
WHEREAS, copies of the notice of joint public hearing and a statement concerning
acquisition of property by the Agency were mailed by first-class mail to the last known address
of each assessee of each parcel of land in the proposed Project Area as shown on the last
equalized assessment roll of the County of Santa Clara; and
WHEREAS, copies of the notice of joint public hearing were mailed by first-class mail to
all business owners or operators within the proposed Project Area; and
WHEREAS, copies of the notice of joint public heating were mailed by certified mail
with return receipt requested to the governing body of each taxing entity which receives taxes
from property in the Project Area; and
WHEREAS, the City Council has considered the Report of the Agency, the Report and
Recommendations of the Planning Commission, the Redevelopment Plan, and the Final EIR; has
provided an opportunity for all persons to be heard and has received and considered all evidence
and testimony presented for or against any and all aspects of the Redevelopment Plan;
WHEREAS, written objections to the Redevelopment Plan were received at the noticed
public heating and, although none of the written objections were from an affected taxing entity or
property owner in the Project Area, the City Council elected to adopt written findings in response
to the written objections received; and
WHEREAS, all actions required by law have been taken by all appropriate public bodies;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That the purpose and intent of the City Council with respect to the Project
Area is to accomplish the following: (a) the establishment, by effective use of the redevelopment
process, of a planning and implementation framework that will ensure the proper, long-term
development of the Project Area; (b) the elimination and prevention of the spread of blight and
deterioration, and the conservation and rehabilitation of the Project Area in accordance with the
Ordinance No. 1850 Page 3
City's General Plan, specific plans, and local codes and ordinances; (c) the replanning, redesign,
and redevelopment of underdeveloped or poorly developed areas that are underutilized or
improperly utilized; (d) the strengthening of the economic base of the Project Area by the
redevelopment and rehabilitation of structures and the installation of needed site improvements;
(e) the promotion of new private sector investment within the Project Area to facilitate the
revitalization of an important commercial center; (f) the elimination or amelioration of certain
environmental deficiencies, such as insufficient off- and on-street parking, and other public
improvements, facilities and utilities deficiencies adversely affecting the Project Area; (g) the
creation and development of local job opportunities and the preservation of the existing
employment base; and (h) the provision, by rehabilitation or new construction, of improved
housing for individuals and/or families of low or moderate income within the City limits.
Section 2. The City Council hereby finds and determines that:
(a) The Project Area is a blighted area, the redevelopment of which is necessary to
effectuate the public purposes declared in the California Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.). This finding is based upon the following facts,
as more particularly set forth in the Report of the Agency to the City Council:
(1) The Project Area is predominantly urbanized;
(2) The Project Area is characterized by and suffers from a combination of
blighting physical and economic conditions, including, among others: buildings which are
substandard in design and are functionally obsolescent; buildings of inadequate size; buildings
with inadequate access and circulation; lots of irregular form and shape and of inadequate size
for proper usefulness which are under multiple ownership; depreciated or stagnant property
values and impaired investments, evidenced by a decline in retail sales, decline in assessed
property values, high vacancy levels, and an inability to attract significant retail tenants; and
(3) The combination of the conditions referred to in paragraph (2) above is so
prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the
Project Area to such an extent that it constitutes a serious physical and economic burden on the
City which cannot reasonably be expected to be reversed or alleviated by private enterprise or
governmental action, or both, without redevelopment.
(b) The Redevelopment Plan will redevelop the Project Area in conformity with the
Community Redevelopment Law and in the interests of the public peace, health, safety, and
welfare. This finding is based upon the fact that redevelopment of the Project Area will
implement the objectives of the Community Redevelopment Law by aiding in the elimination
and correction of the conditions of blight; providing for planning, development, redesign,
clearance, reconstruction, or rehabilitation of properties which need improvement; improving,
increasing, and preserving the supply of Iow- and moderate-income housing within the
community; providing additional employment opportunities; and providing for higher economic
utilization of potentially useful land.
Ordinance No. 1850 Page 4
(c) The adoption and carrying out of the Redevelopment Plan is economically sound
and feasible. This finding is based on the facts, as more particularly set forth in the Report of the
Agency to the City Council, that under the Redevelopment Plan the Agency will be authorized to
seek and utilize a variety of potential financing resources, including tax increments; that the
nature and timing of public redevelopment assistance will depend on the amount and availability
of such financing resources, including tax increments generated by new investment in the Project
Area; and that no public redevelopment activity will be undertaken unless the Agency can
demonstrate that it has adequate revenue to finance the activity.
(d) The Redevelopment Plan is consistent with the General Plan of the City of
Cupertino, including, but not limited to, the housing element, which substantially complies with
state housing law. This finding is based upon the finding of the Planning Commission that the
Redevelopment Plan is consistent with the General Plan of the City of Cupertino.
(e) The carrying out of the Redevelopment Plan would promote the public peace,
health, safety, and welfare of the City of Cupertino and will effectuate the purposes and policy of
the Community Redevelopment Law. This finding is based upon the fact that redevelopment, as
contemplated by the Redevelopment Plan, will benefit the Project Area by correcting conditions
of blight and by coordinating public and private actions to stimulate development and improve
the physical and economic conditions of the Project Area.
(0 The condemnation of real property, as provided for in the Redevelopment Plan, is
necessary to the execution of the Redevelopment Plan, and adequate provisions have been made
for the payment for property to be acquired as provided by law. This finding is based upon the
need to ensure that the provisions of the Redevelopment Plan will be carried out and to prevent
the recurrence of blight, and the fact that no property will be acquired unless the Agency can
demonstrate that it has adequate revenue for the acquisition.
(g) The Redevelopment Plan will not result in the temporary or permanent
displacement of any occupants of housing facilities in the Project Area and, therefore, will not
result in the need to relocate occupants of housing facilities or to ensure the availability of
comparable replacement dwellings. This finding is based on the fact that there are no housing
facilities currently located in the Project Area.
(h) There are no noncontiguous areas of the Project Area.
(i) Inclusion of any lands, buildings, or improvements in the Project Area which are
not detrimental to the public health, safety, or welfare is necessary for the effective
redevelopment of the entire area of which they are a part; and any area included is necessary for
effective redevelopment and is not included for the purpose of obtaining the allocation of tax
increment revenues t~om such area pursuant to Section 33670 of the Community Redevelopment
Law without other substantial justification for its inclusion. This finding is based upon the fact
that the boundaries of the Project Area were chosen as a unified and consistent whole to include
all properties contributing to or affected by the blighting conditions characterizing the Project
Area.
Ordinance No. 1850 Page
(j) The elimination of blight and the redevelopment of the Project Area could not
reasonably be expected to be accomplished by private enterprise acting alone without the aid and
assistance of the Agency. This finding is based upon the facts, as more particularly set forth in
the Report of the Agency to the City Council, that because of the higher costs and more
significant risks associated with development of blighted areas, individual developers are unable
and unwilling to invest in blighted areas without substantial public assistance and that funds of
other public sources and programs are insufficient to eliminate the blighting conditions.
(k) The Project Area is a predominantly urbanized area as defined by subdivision (b)
of Section 33320.1. This finding is based upon the facts, as more particularly set forth in the
Report of the Agency to the City Council, that all of the properties within the Project Area have
been or are developed for urban uses and are an integral part of an area developed for urban uses.
(1) The time limitations in the Redevelopment Plan, which are the maximum time
limitations authorized under the Community Redevelopment Law, are reasonably related to the
proposed projects to be implemented in the Project Area and the ability of the Agency to
eliminate blight within the Project Area. This finding is based upon the facts that redevelopment
depends, in large part, upon private market forces beyond the control of the Agency and shorter
time limitations would impair the Agency's ability to be flexible and respond to market
conditions as and when appropriate and would impair the Agency's ability to maintain
development standards and controls over a period of time sufficient to assure area stabilization.
In addition, shorter time limitations would limit the revenue sources and financing capacity
necessary to carry out proposed projects in the Project Area.
Section 3. In order to implement and facilitate the effectuation of the Redevelopment
Plan, certain official actions must be taken by the City Council; accordingly, the City Council
hereby: (a) pledges its cooperation in helping to carry out the Redevelopment Plan; Co) directs
the various officials, departments, boards, and agencies of the City of Cupertino having
administrative responsibilities in the Project Area likewise to cooperate to such end and to
exercise their respective functions and powers in a manner consistent with the Redevelopment
Plan; (c) stands ready to consider and take appropriate action on proposals and measures
designed to effectuate the Redevelopment Plan; and (d) declares its intention to undertake and
complete any proceeding, including the expenditure of moneys, necessary to be carded out by
the City under the provisions of the Redevelopment Plan.
Section 4. The City Council is satisfied that written findings have been adopted in
response to the written objections received at the noticed public hearing. Having considered all
evidence and testimony presented for or against any aspect of the Redevelopment Plan, the
Council hereby overrules all written and oral objections to the Redevelopment Plan.
Section 5. The mitigation measures, as identified in Council Resolution No. 00-187,
adopted on July 17, 2000, and Agency Resolution No. RA-00-06, adopted on July 17, 2000~
making findings based upon consideration of the Final EIR on the Redevelopment Plan, are
incorporated and made part of the proposed Redevelopment Plan.
Ordinance No. 1850 Page 6
Section 6. That certain document matitled "Redevelopment Plan for the Cupertino Vallco
Redevelopment Project," a copy of which is on file in the office of the City Clerk and attached
hereto, is hereby incorporated by reference herein and designated as the official "Redevelopment
Plan for the Cupertino Vallco Redevelopment Project."
Section 7. The City of Cupertino Building Department is hereby directed for a period of
at least two (2) years after the effective date of this Ordinance to advise all applicants for
building permits within the Project Area that the site for which a building permit is sought for the
construction of buildings or for other improvements is within a redevelopment project area.
Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to
the Agency, and the Agency is hereby vested with the responsibility for carrying out the
Redevelopment Plan.
Section 9. The City Clerk is hereby directed to record with the County Recorder of Santa
Clara County a notice of the approval and adoption of the Redevelopment Plan pursuant to this
Ordinance, containing a description of the land within the Project Area and a statement that
proceedings for the redevelopment of the Project Area have been instituted under the Community
Redevelopment Law.
Section 10. The City Clerk is hereby directed to transmit a copy of the description and
statement recorded pursuant to Section 9 of this Ordinance, a copy of this Ordinance, and a map
or plat indicating the boundaries of the Project Area, to the auditor and assessor of the County of
Santa Clara, to the governing body of each of the taxing entities which receives taxes fi.om
property in the Project Area, and to the State Board of Equalization within thirty (30) days
following adoption of this Ordinance.
Section 11. The City Clerk is hereby ordered and directed to certify to the passage of this
Ordinance and to cause the same to be published once in The Cupertino Courier, a newspaper of
general cimulation, published and circulated in the City of Cupertino.
Section 12. If any part of this Ordinance or the Redevelopment Plan which it approves is
held to be invalid for any reason, such decision shall not affect the validity of the remaining
portion of this Ordinance or of the Redevelopment Plan, and this City Council hereby declares
that it would have passed the remainder of this Ordinance or approved the remainder of the
Redevelopment Plan if such invalid portion thereof had been deleted.
Section 13. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
Ordinance No. 1850 Page 7
iNTRODUCED at a regular meeting of the City Council of the City of Cupertino the 17th
day of July, 2000, and ENACTED at a regular meeting of the City Council of the City of
Cupertino on the 21st day of Agusut 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
APPROVED: /
fayor, City of Cupertino
~.EDEVELOPMENT PLAN ·
FOR THE
. CUPERTINO VALLCO REDEVELOPMENT PROJECT
Prepared by the
CUPERTINO REDEVELOPMENT AGENCY
TABLE OF CONTENTS
[~100] INTRODUCTION
[~]0] DESCRIPTION OF PROJECT AREA
L~300] PROPOSED REDEVELOPMENT ACTIONS
A. [§301] General
B. [§302] Participation Opportunities; Extension of
Preferences for.Reentry within Redeveloped
Proiect Area
1. [~303] Opportunities for Owners and
Business Occupants
2. [§304] Rules for Participation Opportunities,.
Priorities, and Preferences
3. ~305] Participation Agreements
4. -~306] Conforming Owners
C. [~307]CooPeration with Public Bodies
D. [~308]Property Acquisition
1. [,~309] Real Property
2. [~310] Personal Property
E. [~311]Property Management
F. [~312]Payments to Taxing Agencies
G. [~313]Relocation of Persons, Business Concerns, and
Others Displaced by the Project
1. [~314] Assistance in Finding Other Locations
2. [~315] Relocation Payments
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IV.
H. [§316] Demolition, Clearance, and Building and
Site Preparation
1. [~317] Demolition and Clearance
2. [~318] Preparation of Building Sites
I. L~3t9] Property Disposition and Development
1. [~320] Real Property Disposition and
Development
a. [.g321] General
b. [~322] Disposition and Development
Documents
c [~323] Development by the Agency
d. ~324] Development Plans
Z ~325] Personal Property Disposition
J. [~326] Rehabilitation, Conservation, and Moving
of Structures
1. [~327] Rehabilitation and Conservation
2. [g328] Moving of Structures
K. [~329] Low- and Moderate-Income Homing
[~100] USES PERMITYED IN THE PROJECT AREA
A. [~401] Redevelopment Land Use Map
B. [~102] Other Land Uses
1. [.~103] Public Rights-of-Way
2. [,~2)4] Other Public, Semi-Public, Institutional,
and Nonprofit Uses
3. [~105] Interim Uses
4. [~t06] Nonconforming Uses
C. [~407] General Controls and Limitations
1. [~t05] Construction
2. [~t09] Rehabilitmtion and Retention
of Properties
3. [~410] Limitation on the Number of
Buildings.
4. [~411] Number .of Dwelling Units
5. [,~412] !.irrdta~ion on Type, Size, and
Height of Buildings
6. [I~413] Open Spaces, Landscaping, Light,
Air, and Privacy
7. [~414] Signs
8. [~415] U~lities
9. [~416] Incompatible Uses
10. [~417] Nondiscrimination and Nonsegregation
11. [~418] Subdivision of Parcels
12. [~419] Minor Variations
D. [~420]Design for Development
E. [~421]Building Permits
~500] METHODS OF FINANCING THE PROJECT
A. [~501] General Description of the Proposed
Financing Method
[~502] Tax Increment Funds
[,~503] Other Loans and Grants
Bo
VI. [~600]ACTIONS BY THE CITY
VII. [~700]ENFORCEMENT
VIII. [~8001DURATION OF THIS PLAN
IX. [~900]PROCEDURE FOR AMENDMENT
Attachment No. 1
Attachment No. 2
Attachment No. 3
Attachment No. 4
Legal Description of the Project Area Boundaries
Proiect Area Map
Redevelopment Land Use Map
Proposed Public Improvements
...... ., ........... ~1.. · iV 11/29/99
REDEVELOPMENT PLAN
FOR THE
CUPERTINO VALLCO REDEVELOPMENT PROJECT
I. [§100] INTRODUCTION
This is. the Redevelopment Plan (the "Plan") for the Cupertino Vallco
Redevelopment Project (the "Project") in the City of Cupertino (the "City"), County
of Santa Clara, State of California; it consists of the text, the Legal Description of the
Project Area Boundaries (Attachment No. 1), the Project Area Map (Attachment No.
2), the Redevelopment Land Use Map (Attachment No. 3), and the Proposed Public
Improvements (Attachment. No..4). This Plan was prepared by the Cupertino
Redevelopment Agency (the "Agency") pursuant to the Community
Redevelopment Law of the State of California (Health and Safety Code Section 33000
et seq.), the California Constitution, and all applicable local laws and ordinances.
The proposed redevelopment of the area within the boundaries of the Project
(the "Project Area") as described in this Plan is consistent with ~he General P1an for
the City of Cupertino (the "General Plan"). This Plan also acknowledges the
existence of that certain Development Agreement dated August 15, 1991, adopted by
the City Council of the City of Cupertino ~by Ordinance No. 1540 on July 15, 1991.
Nothing in this Plan shall be construed to impair or alter any of the rights or
obligations of the parties under said Development Agreement nor prevent the
Agency from assisting in the implementation of said Development Agreement.
This Plan is based upon a Preliminary Plan formulated and adopted by the
Planning Commission of the City of Cupertino' (the "Planning Commission") by
Resolution No. 5054, 'on July 19, 1999.
This Plan provides the Agency with powers, duties, and obligations to
implement and further the program generally formulated in this Plan for the
redevelopment, rehabilitation, and revitalization of the area within the Project
Area. Because of the long-term nature of this Plan and the need to retain in the
Agency flexibility to respond to market and economic conditions, property owner
and developer interests, and opportunities from time to time presented for
redevelopment, this Plan does not present a predse plan or establish specific projects
for the redevelopment, rehabilitation, and revitalization of the Project Area.
Instead, this Plan presents a process and a .basic framework within which specific
plans will be presented, specific projects will be established, and specific solutions
will be proposed and by which tools are provided to the Agency to fashion, develop,
and Proceed with such specific plans, projects, and solutions.
The purposes of the Community Redevelopment Law will be attained
through, and the major goals of this Plan are:
Co
The establishment, by effective use of the redevelopment
process, of a planning and implementation framework that will
ensure the proper, long-term redevelopment of the Project Area.
The elimination and prevention of the spread of blight and
deterioration, and the conservation and rehabilitation of the
Project Area in accordance with the City's General Plan, specific
plans, and local codes and ordinances.
The replanning, redesign, and redevelopment of
underdeveloped or .P°°rly developed areas that are
underutilized or improperly utilized.
The strengthening of the economic base of the Project Area by
the redevelopment and rehabilitation of structures and the
installation of needed site improvements.
The promotion of new private sector investment
Project Area to facilitate the revitalization of an
commerdal center.
within the
important
Go
The elimination or amelioration of certain envirorunental
deficiencies, such as insufficient off- and on-street, parking, and
other publ~ improvements, facilities and utilities deficiencies
adversely affecting the Project Area.
The creation and development of local job opportunities and ~he
preservation of the existing employment base.
The provision, by r,ehabilitation or new construction, of
improved housing for individuals and/or families of low or
moderate income within the City limits.
The provision of assistance to existing building owners in
financing renovations needed to bring their buildings up to
current codes and standards.
[g200]' DESCRIPTION OF PROJECT AREA
The boundaries of the Project Area are described in the "Legal Description of
the Project Area Boundaries," attached hereto as Attachment No. 1 and incorporated
herein by reference, and are shown on the "Project Area Map," attached hereto as
Attachment No. 2 and incorporated herein by reference.
[~300] PROPOSED REDEVELOPMENT ACTIONS
A. [~301] General
The Agency proposes to eliminate and prevent the spread of blight and
deterioration in the Project Area by:
Permit~g participation in the redevelopment process by
owners of properties located in the Project Area consistent
with this Plan and rules adopted by the Agency;
2. The acqkisition of real property;
The management of property Under the ownership and
control of the Agency;
Providing relocation assistance to displaced persons and
business concerns;
5. The demolition or removal of certain buildings and
imp.rovements;
Providing for partidpation by owners presently located in
'the Project Area and the extension of preferences to
business occupants desiring to remain or reenter into
business within the redeveloped Project Area;
The installation, construction, or reconstruction of streets,
utilities, and other public improvements;
The disposition of property for uses in accordance with
this Plan;
The redevelopment of land by private enterprise or public
agencies for uses in accordance with this Plan;
10.
The rehabilitation of structures and improvements by
present owners, their successors, and the Agency; and
11.
Providing for the retention of controls and the
establishment of restrictions or covenants running with
the land so that property will continue to be used in
accordance with this Plan.
- q 11/29/99
In the accomplishment of these purposes and activities and in the
implementation and furtherance of this Plan, the Agency is authorized to use all the
powers provided in this Plan and all the powers now or hereafter permitted by law.
L~302] Participation Opportunities: Extension of Preferences
for Reentry. Within Redeveloped Pro!ect Area
[~q03] Opportunities for Owners and Business Occupants
In accordance with this Plan and the rules for participation
adopted by the Agency pursuant to this Plan and the Community Redevelopment
Law, persons who are owners of real property in the Project Area shall be given a
reasonable opportunity to participate in the redevelopment of the Project Area
consistent with the objectives of this Plan.
· The Agency shall extend reasonable preferences to persons who
are engaged'in business in the Project Area to remain or reenter into business
within the redevel0ped Project Area if they otherwise meet the requirements
prescribed in this Plan and the rules adopted by the Agency.
L~3o4] Rules for Participation Opporturrities. Priorities,
In order to provide opportunities to owners to participate in the
redevelopment of the Project Area and to extend reasonable preferences to
businesses to reenter into business within the redeveloped Project Area, the Agency
shall promulgate rules for participation by owners and the extension of preferences
to business tenants for reentry within the redeveloped Project Area.
3. [~305] Participation A~eement.~
The Agency may require that, as 'a condition to participation in
redevelopment, each participant shall enter into a binding agreement with the
Agency by which the participant agrees to rehabilitate, develop, and use and
maintain the property in conformance with this Plan and to be subject to the
provisions hereof. In such agreements, participants may be required to join in the
recordation of such documents as may be necessary to ensure the property will be
developed and used in accordance with this Plan and the participation agreement.
Whether or not a participant enters into a participation agreement with the Agency,
the provisions of this Plan are applicable to all public and private property in the
Project Area.
In the event a participant f~i]s or refuses to rehabilitate, develop,
and use and. maintain its real property pursuant to this Plan and a participation
agreement, the real property or any interest therein may be acquired by the Agency
and sold or leased for rehabilitation or development in accordance with this Plan.
4.306]
The Agency may, at its sole and absolute discretion, determine
that certain real property within the Project Area presently meets the requirements
of this Plan, and the owner of such property will be permitted to remain as a
conforming owner without a participation agreement with the Agency provided
such owner continues to operate, use, and maintain the real property within the
requirements of this Plan. However, a conforming owner shall be required by the
Agency to enter into a participation agreement with the Agency in the event that
such owner desires to construct any additional improvements or substantially alter
or modify existing stzuctures on any of the real property described above as
conforming.
C. [§307] Cooperation with 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
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. 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 public
body is willing to enter into a participation agreement with the Agency. All plans
for development of property in the Project Area by a public body shah be subject to
Agency approval..
The Agency may impose on all public bodies the planning and design
controls contained in this Plan to insure that present uses and any future
development by public bodies will conform to the requirements of this Plan. To the
extent now or hereafter permitted by law, the Agency is authorized to financially
(and otherwise) assist any public entity in the cost of public land, buildings, facilities,
structures, or other improvements (within or without the Project Area), which
land, buildings, facilities, structures, or other improvements are or would be of
benefit to the Project.
Except as specifically exempted herein, the Agency may acquire,
but is not required to acquire, any real property located in the Project Area by any
means authorized by law.
It is in the public interest and is necessary in order to eliminate
the conditions requiring redevelopment and in order to execute this Plan for the
power of eminent domain to be employed by the Agency to acquire real property in
the Project Area which carmot be acquired by gift, devise, exchange, purchase, or any
other lawful method. Eminent domain proceedings, ff used, must be commenced
within twelve (12) years from the date of adoption of this Plan.
The Agency shall not acquire real property to be retained by an
owner pursuant to a participation agreement if the owner fully performs under the
agreement. The Agency is authorized to acquire structures without acquiring the
land .upon which those structures are located. The Agency is authorized to acquire
either the entire fee or any other interest in real property less than a fee.
The Agency shall not acquire real property on Which an existing
building is to be continued on its present site and in its present form and use
without the consent of the owner unless: (a) such building requires structural
alteration, improvement, modernization, or rehabilitation; Co) the site, or lot on
which the building is situated, requires modification in size, shape, or use; or (c) it is
necessary to impose upon such property any of the controls, limitations, restrictions,
and requirements of this Plan and the owner fails or refuses to execute a
participation agreement in accordance with the provisions of this Plan.
The Agency is not authorize~l to acquire real property owned by
public bodies which do not consent to such acquisition. The Agency is authorized,
however, to acquire public property transferred to private ownership before
redevelopment of the Project Area is completed, unless the Agency and the private
owner enter into a participation agreement and the owner completes his
responsibilities under the participation agreement.
z lo]
Generally, personal property shall not be acquired. However,
where necessary in the execution of this Plan, the Agency is authorized to acquire
personal property in the Project Area by any lawful means, including eminent
domain.
E. [~311] Property. Managemer~t
During such time as property, if any, in the Project Area is owned by
the Agency, such property shall be under the management and control of the
Agency. Such property may be rented or leased by the Agency pending its
disposition for redevelopment, and such rental or lease shall be pursuant to such
policies as the Agency may adopt.
F. L~312] Pa.vments to Taxing A_~encio,~
Pursuant to Secti°n 33607.5 of the Community Redevelopment Law,
the Agency is required to and shall make payments to affected taxing entities to
alleviate the financial burden and detriment that the affected taxing entities may
incur as a result of the adoption of this Plan. The payments made by the Agency
shall be calculated and paid in accordance with the requirements o£ Section 33607.5.
In any year during which it owns property in the Project Area, the
Agency is authorized, but not required, to pay directly to any dty, county, city and
county, district, including, but not limited to, a school district, or other public
corporation for whose benefit a tax would have been levied upon such property had
it not been exempt, an amount of money in lieu of taxes.
Go
[~313] Relocation of Persons. Business Concerns.
and Others Displaced by the Project
1. [~314] Assistance in FindinE Other Location~
The Agency shall assist all persons, business concerns, and
others displaced by the Project in finding other locations and facilities. In order to
carry out the Project with a minimum of hardship to persons, business concerns,
and others, if any, displaied by the Project, the Agency shall assist such persons,
business concerns and others in finding new locations that are within their
respective financial means, in reasonably convenient locations, and otherwise
suitable to their respective needs.
The Agency shall make relocation payments to persons, business
concerns, and others displaced by the Project for moving expenses and direct losses
of personal property and additional relocation payments as may be-required by law.
Such relocation payments shall be made pursuant to the California Relocation
Assistance Law (Government Code Section 7260 et seq.) and Agency rules and
regulations adopted pursuant thereto. The Agency may make such other payments
as may be appropriate and for which funds are available.
H. [~316] Demolition. Clearance. and Buildin~ and Site Preparation
1. [§317] Demolition and Clearance
The Agency is authorized to demolish and clear buildings,
structures, and other improvements from any real property in the Project Area as
necessary to carry out the purposes of this Plan.
2. [~318] Preparation of Buildin_~ Sites
The Agency is authorized to prepare, or cause to be prepared, as
building sites any real property in the Project Area owned by the Agency. In
connection therewith, the Agency may cause, provide for, or undertake the
installation or construction of streets, utilities, pazks, playgrounds, and other public
improvements necessary to carry.out this Plar~ The'Agency is also authorized to
construct foundations, platforms, and other structural forms necessary for the
provision or utilization of air rights sites for buildings to be used for residential,
commercial, industrial, public, and other uses provided for in this Plan.
Prior consent of the. City Council is required for the Agency to
develop sites for commercial or industrial use by providing streets, sidewalks,
utilities, or other improvements which an owner or operator of the site would
otherwise be obliged to p.r.ovide.
I. [~319] property. Disposition and Development
1. [~320] ]~eal Property. Disposition and Development
a. [~3211 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
lease, sale, or transfer without public bidding. Property acquired by the Agency for
rehabilitation and resale shall be offered for resale within one (1) year after
completion of rehabilitation or an annual report concerning such property shall be
published by the Agency as required by law.
Real property acquired by the Agency may be conveyed by
the Agency without charge to the City and, where beneficial to .the Project Area,
without charge to any public body. All real property acquired by the Agency in the
Project Area shah be sold or leased to public or private persorm or entities for
development for the uses permitted in this Plan.
All purchasers or lessees of property acquired from the
Agency shall be obligated to use the property for the purposes designated in this
Plan, to begin and complete development of the property within a period of time
which the Agency fixes as reasonable, and to comply with other conditions which
the Agency deems necessary to 'carry out the purposes of this Plan.
b. [fi322] Disposition and Development Document.~
To provide adequate safeguards to ensure 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/is subject to the provisions of this Plan.
The Agency shah reserve such powers and controls in the
disposition and development documents as may be necessary to prevent trm~sfer,
retention, or use of property for speculative purposes and to ensure that
development is carried out pursuant to this Plan.
Leases, deeds, contracts, agreements, and declarations of
restrictions of the Agency may contain restrictions, covenants, covenants running
with the land, rights of reverter, conditions subsequent, equitable servitudes, or .any
other provisions necessary to carry out this Plan. Where appropriate, as determined
by the Agency, such docum .ents, or portions thereof, shall be recorded in the office of
the Recorder of Santa Clara County.
· Ail property in the Project Area is hereby subject ,to the
restriction that there shall be no discrimination or segregation based upon race,
color, creed, 'religion, sex, marital status, national origin, or ancestry 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 participatiori
agreement shall be expressly subject by appropriate documents to the restriction that
all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in
the Project Area shall contain such nondiscrimination and nonsegregation clauses
as required by law.
~ · [fi323] Development by th~ A_~eq~y
To the extent now or hereafter permitted by law, the
Agency is authorized to pay for, develop, or construct any publicly-owned building,
facility, structure, or other improvement either within or without the Project Area,
for itself or for any public body or entity, which buildings, facilities, structures, or
other improvements are or would be of benefit to the Project Area. Specifically, the
Agency may pay for, install, or construct the buildings, facilities, structures, and
other improvements identified in Attachment No. 4, attached hereto and
incorporated herein by reference, and may acquire or pay for the land required
therefor.
In addition to the public improvements authorized under
Section 318 and the specific publicly-owned improvements identified in Attachment
No. 4 of this Plan, the Agency is authorized to install and construct, or to cause to be
installed and constructed, within or without the Project Area, for itself or for any
public body or entity for the benefit of the Project Area, public improvements and
public utilities, including, but not limited to, the following: (1) over- and
underpasses; (2) sewers; (3) natural gas distribution systems; (4) water distribution
systems; (5) parks, plazas, and pedestrian paths; (6) playgrounds; (7) parking facilities;
(8) landscaped areas; and (9) street improvements.
The A~encY may enter into contract.,,. 1.ea_s~s_,_ and
agreements with the City or other ~ubfic body or entity pursuant to tins ~ecuo. 323,
and the obligation of the Agency under such contract, lease, or agreement ~hall
constitute an indebtedness of the Agency which may be made payable out of the
taxes levied in the Project Area and allocated to the Agency under subdivision Co) of
Section 33670 of the Community Redevelopment Law and Section 502 of this Plan
or out of any other available funds.
& 241
All development plans (whether public or private) shall
be submitted to the Agency for approval. All development in the Project Area must
conform to City design review standards.
2. [~325] l~ersonal Property Disposition
For the purposes of this Plan, the Agency is authorized to lease,
sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal
property which is acquired by the Agency.
j. [~326~ ~ehabilitation. Conservation. and MovinE of Structures
1. [~a27] llehabilitation and Conservation
cause to be rehabilitated and couservect, any mtttctmg or ~tr~the Project Area
owned by the Agency. The Agency is also authorized and directed to advise,
encourage, and assist in the rehabilitation and conservation of property in the
Project Area not owned by the Agency. The Agency is also authorized to acquire,
restore, rehabilitate, move, and conserve buildings of historic or architectural
significance.
11/29/99
2. [§328] Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized
to move, or to cause to be moved, any standard structure or building or any
structure or building which can be rehabilitated to a location within or outside the
Project Area.
K. [~329] Low- and Moderate-Income Housin~
Pursuant to Section 33334.2 of the Community Redevelopment Law,
not less than twenty percent (20%)of all taxes which are allocated to the Agency
pursuant to Section 33670 of the Community Redevelopment Law and Section 502
of this Plan shah be used by the Agency for the purposes of increasing, improving,
and preserving the City's supply of housing for persons and families of very low,
low, or moderate income unless certain findings are made as required by that
section to lessen or exempt such requirement. In carrying out this purpose, the
Agency may exercise any or all of its powers.
The funds for this purpose shall be held in a separate Low and
Moderate Income'Housing Fund until used. Any interest earned by such Low and
Moderate Income Housing Fund shall accrue to the l~und.
IV. [~t00] USES PERMITTED IN THE PROJECT AREA
'A. [~t01] Redevelopment Land Use MA?
The "Redevelopment Land Use Map," attached hereto as Attachment
No. 3 and incorporated herein by reference, illustrates the location of the Project
Area boundaries, major streets within the Project Area, and 'the land uses
authorized within the Projec~ by the City's current General Plan. The City will from
time to time update and revise the General Plan. It is the intention of this
Redevelopment Plan that the land uses to be permitted within the Project Area
shall be as provided within the City's General Plan, as it currently exists or as it may
from time to time be amended, and as implemented and applied by City ordinances,
resolutions and other laws.
1. [~t03] Public Ri_ghts-of-Way
As illustrated on the Redevelopment Land Use Map
Attachment No. 3), the major public streets within the Project Area include
Stevens Creek Boulevard, Wolfe Road and Vailco Parkway.
Additional public streets, alleys, and easements may be created in
the Project Area as needed for proper development. Existing streets, alleys, and
easements may be abandoned, dosed, or modified as necessary for proper
development of the Proiect.
Any changes in the ex~t~g interior or exterior street layout
shall be in accordance with the General Plan, the obiectives of this Plan, and the
City's design standards, shall be effectuated in the manner prescribed by state and
local law, and shall be guided by the following criteria:
a. T~e requirements imposed by such factors as
topography, traffic safe~y and aesthetics; and
b. The potential need to serve not only the Project
Area and new or existing developments but to also
serve areas outside the Proiect by providing
convenient and efficient vehicular access and'
movement.
The public rights-of-way may be used for vehicular and/or
pedestrian traffic, as well as for public improvements, public and private utilities,
and activities typically found in public rights-of-way.
[~404] Other Public. Semi-Public.'Institutional. and
In any area shown'on the Redevelopment Land Use Map
(Attachment No. 3), the Agency is authorized to l~ermit the maintenance,
establishment, or enlargement of public, semi-public, institutional, or nonprofit
uses, including park and recreational facilities, libraries, educational, fraternal,
employee, philanthropic, religious and charitable institutions, utilities, railroad
rights-of-way, and facilities of other similar associations or organizations. All such
uses shall, to the extent possible, conform to the provisions of fids Plan applicable to
the uses in the specific area involved. The Agency may impose such other
reasonable requirements and/or restrictions as may be necessary to protect the
development and use of the Project Area.
'Pending the ultimate developmer~t of land by developers and
participants, the Agency is authorized to use or pdrmit the use of any land in the
Project Area for interim uses that are not in conformity with the uses permitted in
this Plan.
4. [..~] Nonconformin_~ Uses
The Agency may permit an existing use to remain in an existing
building in good condition which use does not conform to the provisions of this
Plan, provided that such use is generally compatible with existing and proposed
developments and uses in the Project Area. The owner of such a property must be
willing to enter into a participation agreement and agree to the imposition of such
reasonable restrictions as may be necessary to protect the development and use of
the Project A.rea.
The Agency may authorize additions, alterations, repairs, or
other improvements in the Project Area for uses which do not conform to the
provisions of this Plan where such improvements are within a portion of the
Project where, in the determination of the Agency, such improvements would be
compatible with surrounding Project uses and development.
C. [,~107] General Controls and Limitations
All real property in the Project Area is made subject to the controls and
requirements of this Plan. No real property shall be developed, rehabilitated, or
otherwise changed after the date of the adoption of this Plan, except in conformance
with the provisions of this Plan.
1. [~408] Construction
All construction in the Project Area shall comply with all
applicable state and local laws and codes in effect from time to time. In addition to
applicable codes, ordinances, or other requirements governing development in the
Project Area, additional specific performance and development standards may be
adopted by the Agency to control and direct redevelopment activities in the Project
Area.
2. [~09] Rehabilitation and Retention of Propertie,~
Any existing structure within the Project Area approved by the
Agency for retention and rehabilitation shall be repaired, altered, reconstructed, or
rehabilitated in such a manner that it will be'safe and sound in all physical respects
and be attractive in appearance and not detrimental to the surrounding uses.
3. [~410] Limitation on the Number of BulldinEs
The number of buildings in the Project Area shall not exceed the
number of buildings permitted under the General Plar~
4. [~411] Number of Dwellin_~ Units
At the time of adoption of this Plan, there are no dwelling units
within the Project Area. The number of dwelling units permitted in the Project
...... - ....... ~'-* 13 11/29/99
Area shall not exceed the number of dwelling units permitted under the General
Plan.
5. [~412] Limitation on T.v?e. Size. and Hei_eht of Buildings
Except as set forth in other sections of this Plan, the type, size,
and height of buildings shall be as limited by applicable federal, state, and local
statutes, ordinances, and regulations.
6. [~413] Q?en Spaces. Landscaping. Light. Air. and Privacy.
The approximate amount of open space to be provided in the
Project Area is the total of all areas which will be in the public rights-of, way, the
public ground, the space around buildings, and all' other outdoor areas not
permitted to be covered by buildings. Landscaping shall be provided to enhance
open spaces in the Project Area and create a high-quahty aesthetic environment.
Landscaping may include, in addition to trees, shrubs and other living plant
materials, such materials as paving, landscape containers, plaza furniture, and
landscape and pedestrian lighting.
Sufficient space shall be maintained bet'ween buildings in all
areas to provide adequate light, air, and privacy.
7. [M14]
' All signs shall conform to City sign ordinances and other
requirements as they now exist or are hereafter amended. Design of ali proposed
new signs shall be submitted to the Agency and/or the City prior to installation for
review and approval pursuant to the procedures of this Plan.
. The Agency shall require that all utilities be placed underground
whenever physically and economically feasible.
9. g4 6]
No use or structure which by reason of appearance, traffic,
smoke, glare, noise, odor, or similar factors, as determined by the Agency, would be
incompatible with the surrounding areas or structures shall be permitted in any part
of the Project Area.
10. [~417] Nondiscrimination and Nonse~egation
There shall be no discrimination or segregation based upon race,
color, creed, religion, sex, marital status, national origin, or ancestry permitted in the
sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the
Project Area.
11. [~418] Subdivision of Pareols
No parcel in the Project Area, including any parcel retained by a
participant, shall be subdivided without the approval of the Agency.
12. [~4191 ' V~i]~,_~tIi~
Under. exceptional circumstances, the Agency is authorized to
permit a variation from the 'limits, restrictions, and controls established by this Plan.
In order to permit such variation, the Agency must determine that:
ao
The application of certain provisions of this Plan
would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose
and intent of this Plan;
bo
There are exceptional circumstances or conditions
applicable to the property or to the intended
development of the property which do not apply
generally to other properties having the same
standards, restrictions, and controls;
Co
Permitting a variation will not be materially
detrimental to the public welfare or injurious to
property or improvements in the area; and
Permitting a variation will not be contrary to the
objectives of this Plan or of the General Plan.
· No variation shall be granted which changes a basic land use or
which permits other than a minor departure from the provisions of this Plan. In
permitting any such variation, the Agency shall impose such 'conditions as are
necessary to protect the public peace, health, safety, or welfare and to assure
compliance with the purposes of this Plan. Any variation permitted by the Agency
hereunder shall not supersede any other approval required under applicable City
codes and ordinances.
D. [~420] Desi_e-n for Development
Within the limits, restrictions, and controls established in this Plan,
the Agency is authorized to establish heights of buildings, land coverage, setback
requirements, design c~iteria, traffic circulation, traffic access, and other
development and design controls necessary for proper development of both private
and public areas within the Project Area.
No new improvement shall be constructed, and no existing
improvement shall be substantially modified, altered, repaired, or rehabilitated,
except in accordance with this Plan and any such controls and, in the case of
property which is the subject of a disposition and development or participation
agreement with the Agency and any other property, in the discretion of the Agency,
in accordance with architectural, landscape, and site plans submitted to and
approved in writing by the Agency. One of the objectives of this Plan is to create an
attractive and pleasant environment in the Project Area. Therefore, such plans
shall give consideration to gbod design, open space, and other amenities to enhance
the aesthetic quality of the Proje.ct .Area. The Agency shall not approve any plans
that do not comply with this Plan.
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 approved by the
Agency as consistent with ffris Plan and processed in a manner consistent with all
City requirements. An application shall be deemed consistent with this Plan if it is
consistent with the General Plan, applicable zoning ordinances and any adopted
d_esign for development.
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 granted all approvals
required by the City and the Agency at the time of application.
V. [~500] METHODS OF FINANCING THE PROJECT
A. [~501] Ger~eral Description of the Proposed Financin_~ Method
The Agency is authorized to finance this Project with financial
assistance from the City, the State of California, the federal government, tax
increment funds, interest income, Agency bonds, donations, loans from private
financial institutions, the lea~e or sale of Agency-owned property, or any other
available source, public or private.
The Agency is also authorized to obtain advances, borrow f~nds, and
create indebtedness in carrying out this Plan. The principal and interest on such
advances, funds, and indebtedness may be paid from tax increments or any other
funds available to the Agency. Advances and loans for survey and planning and for
the operating capital for nominal administration of this Project may be provided by
the City until adequate tax increment or other funds are available, or sufficiently
assured, to repay the advances and loans and to permit borrowing adequate working
capital from sources other than the City. The City, as it is able, may also supply
additional assistance through City loans and grants for various public facilities.
The City or any Other public agency may expend money to assist the
Agency in carrying out this Project. As available, gas tax funds from the state and
county may be used for street improvements and public transit facilities.
All taxes levied upon taxable property within the Project Area each
year, by or for the benefit of the State of California, the County of Santa Clara, the
City, any district, or any other public corporation (hereinafter sometimes called
"taxing agencies"), after the effective date of the ordinance approving this Plan shall
be divided as follows:
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 said taxing agencies upon the total sum of the assessed
value of the taxable property in the Project 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 into the funds of 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
on the effective date of such ordinance but to which such
territory is 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, shall be used in determining the assessed
valuation of the .taxable property in the Project on said
effective date).
Except as provided in subdivision 3, below, that portion of
said levied t2xes 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, moneys advanced to, or indebtedness
(whether funded, refunded, assumed, or otherwise)
incurred by the Agency to finance or refinance, in whole
or in part, this Project. Unless and until the total assessed
valuation of the t~xable property in the Project eXCeeds the
total assessed value of the taxable property in the Project
as shown by the last equalized assessment roll referred to
in subdivision 1 hereof, all of the taxes levied and
collected upon the taxable property in the Project shall be
paid into the funds of the respective taxing, agencies~
-~ ' debtedness, if any,
When smd loans, advances, and m thereafter
interest thereon, have been paid, all moneys
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.
3. That Portion of the taxes in excess of th~ amount
identified in subdivision 1, above, which are attributable
to a tax rate levied by a taxing agency which was approved
by the voters of th~ taxing agency on or after January 1,
1989, for the purpose of producing revenues in an amount
sufficient to make annual repayments of the principal of,
and the interest on, any bonded indebtedness for the
acquisition or improvement of real property shall be
allocated to, and when collected shall be paid into, the
fund of that taxing agency.
· taxes mentioned in subd~v~xo.n 2, above, are hereby
The portion of. - .~-- --:~;,~al of and interest on the advance
;irrevocably pledged for the payment ot me p-~L~r indebtedness (whether
of moneys, or making of loans or the incurring of any
funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the
The Agency is authorized to make such pledges as to
Project, in whole or in part indebtedness as appropriate in carrying out the Project.
specific advances, loans, and
The Agency is authorized to issue bonds from time to time, if it deems
appropriate to do so, in order to finance all or any part of the Project. Neither the
members of the Agency nor 'any persons executing the ~onds' are liable personally on
the bonds by reason of their issuance.
The bonds and other obligations of the Agency are not a ~lebt of'the City
or the state, nor are any of its poli6ca! subdivisions liable for them, nor in any event
shall the bonds or obligations be payable out of any funds or properties other than
those of the Agency, and such bonds and other obligations shall so state on their
face· The bonds do not 'constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
· nded indebtedness to be repaid in whole or in part
The amount of bo ....... ~-~:-.~,,n 2 above which can be
11/29/99
The Agency shah not establish or incur loans, advances, or
indebtedness to finance in whole or in part the Project beyond twenty (20) years
from the date of adoption of this Plan. Loans, advances, or indebtedness may be
repaid over a period of time beyond said time limit. This time limit shall not
prevent the Agency from incurring debt to be paid from the Low and Moderate
Income Housing Fund. Further, this time Hmit shall not prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the time limit if the
indebtedness is not increased and the time during which the indebtedness is to be
repaid is not extended beyond the time limit for 'repaying indebtedness set forth
immediately below in this Section 502.
The Agency ~hall not receive, and shah not repay loans, advances, or
other indebtedness to be paid with the proceeds of property taxes from the Project
Area pursuant to Section 33670 of the Community Redevelopment Law and this
Section 502 beyond forty-five (45) years from the date of adoption of this Plan.
C. L~503] Other Loans and Gran~,~
Any other loans, grants, guarantees, or financial ~ssistance from the
United States, the State of C~llfomia, or any other public or private source will be
utilized if available.
VI. [§600] ACTIONS BY THE CITY
The City shah aid and cooperate with the Agency in carrying out this Plan and
shall take aH actions necessary to ensure the continued fulfillment of the p .u~oses
of this Plan and to prevent the recurrence or spread in the area of conditions causing
· blight. Actions by the City shah include, but not be limited to, the following:
Institution and completion of proceedings for opening, closing,
vacating, widening, or changing the grades of streets, alleys, and
other public rights-of-way and for other necessary modifications
of the streets, the street layout, and other public rights-of-way in
the Project Area. Such action by the City shah include the
requirement of abandonment, removal, and relocation by the
public utility companies of their operations of public rights-of-
way as appropriate to carry out this Plan provided that nothing
in this Plan shall be construed to require the cost of such
abandonment, removal, and relocation to be borne by others
than those legally required to bear such cost.
Provision of advances, loans, or grants to the Agency or the
expenditure of funds for projects implementing th.is Plan as
deemed appropriate by the City and to the extent funds are
available therefor.
....... - '~O ~3 120109
Institution and completion of proceedin§s necessary for changes
and improvements in private and publicly owned public
utilities within or affecting the Project Area.
Revision of zoning (if necessary) within the Project Area to
permit the land uses and development authorized by this Plan.
Imposition wherever necessary Coy 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.
Provision for administrative enforcement of this Plan. by the
City after development. The City and the Agency shall develop
and provide for enforcement of a program for continued
maintenance .by owners of all real property, both public and
private, within the Project Area throughout the duration of this
Plan.
Preservation of historical sites.
Performance of the above actions and of all other functions and
services relating to public peace, health, safety, and physical
development normally rendered in accordance with a schedule
which will permit the redevelopment of the Project Area to be
commenced and carried to completion without unnecessary
delays.
I. The undertaking and completing of any other proceedings
necessary to carry out the Project.
The foregoing actions to be taken by the City dO not involve or constitute any
commitment for .financial outlays by the City unless specifically agreed to and
authorized by the City.
VII. [~700] ENFORCEMENT
The administration and enforcement of this Plan, including the preparation
and execution of any documents implementing this Plan, shall be performed by the
Agency and/or the City.
The provisions of ffris 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, reentry, injunctions, or any other remedies appropriate to the purposes of
,-..~ fv.~,~l~....o,~tPl~n 20 1!/29/99
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.
VIII. L~800] DURATION OF THIS PLAN
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 made effective, for
thirty (30) years from the date of adoption of this Plan by the City Council; provided,
however, that subject to the limitations set forth in Section 502 of this Plan, the
Agency may issue bonds and incur obligations pursuant to this Plan which extend
beyond the termination dati, and in 'such event, this Plan shall continue in effect to
the extent necessary to permit the full repayment of such bonds or other obligations.
After the termination of this Plan, the Agency shall have no authority to act
pursuant to this Plan except to pay previously incurred indebtedness and to enforce
existing .covenants or contracts.
IX. [g900] PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in Sections
33354.6 and/or 33450 et seq. of the Community Redevelopment Law or by any other
procedure hereafter established by law.
_ 11/29/99
ATTACHMENT I
LEGAL DESCRIPTION
Cuper~i.no/Vallco Redevelopment Project
Legal Description
ALL THAT CERTAIN RF_AL PROPERTY SITUATE IN THE CiTY OF CuPERTiNO, COUN~..OF SANTA CLARA AND
S'rATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE iNTF_~CTION OF THE h~'ONUMENT LINE OF STEVENS CREEK BOULEVARD, WFFH THE
MONUMENT LINE OF WOLFE ROAD AS SHOV~,I ON THAT CERTAIN PARCEL MAP RECORDED tN BOOK 325
OF MAPS AT PAGE 12, SANTA CLARA COUNTY RECORDS.
THENCE ALONG THE MONUMENT lINE OF STEVENS CREEK BoUlEVARD NORTH 89 ' 36'00" EAST, 53.96
FEET TO THE soUTHERLY PROLONGATION OF THE EASTERLY LINE OF WOLFE ROAD;
THENCE ALONG SAID sOLiTHERLY PROLONGATION SOUTH 01'05'14" EAST, 75.01 .F~=~] TO THE
SOUTHERLY UNE OF STEVENS CREEK BOUt.E~ARD (120 FEET WIDE) AND THE TRUE POINT OF BEGINNING.
( 1 ) THENCE ALONG THE S13U'~ERLY MNE OF STEVENS CREF-K BOULEVARD SOUTH 80 ° 36~0.0" WEST,
961.68 FEET;
(2) THENCE NORTH 00'42"30" WEST, 1384.97 FEET ALONG THE EASTEPJ-Y LINE OF TRACT NO.
2086 AND Frs soUTHERLY PROLONGATION AS SAID EA~ i mRL~ LINE IS SHOWN IN BOOK 112 OF
MAPS AT PAGE 40 SANTA CLARA COUNTY RECORDS; "
(3) THENCE NORTH 89°13~-9" E.~s'r, 298.99 FEET;,
(4) THENCE ALONG THE ~ J mR[.Y LiNE OF TRACT NO. 2086, NORTH 00°04"30- WEST, 1207.04
FEET TO THE soUTHEP~Y LINE OF TRACT NO. 2860 RECORDED IN BOOK 138 OF MAPS AT PAGES
22 AND 23, SANTA CLARA COUNTY RECORDS;
(5) THENCE ALONG SAID soUTHERLY LINE NORTH 83 °4'~30" WEb-T; 42.44 FEET; ..
THENCE ALONG THE HA,5 ~ ~-~-Y UNE OF TRAC'r NO. 2860 NORTH 00 ' 17'20" WEST, 463.60 FEET
(6) TO THE soUTHERLY LINE OF JUNIPERO SERRA FREEWAY, INTERSTATE 280;
(7) THENCE SOUTH 43'49'16" EAST, 267.07 ~-~';
THENCE SOUTH 57'03'27' EAST, 731.74 FEET;,
(9) THENCE SOUTH 60o 14,49. EAST, 699.00 FEET TO THE EASTERLy MNE OF pARCEL 1 AS SHOWN
ON THAT C~-.~TAIN PARCF..~.. MAP RECORDED IN BOOK 325 OF MAPS OF PAGE 12, SANTA CLARA
COUNTY RECORDS;
THENCE ALONG SAID LINE SOUTH 01 °05.14;' EAST, 104~.61 FEET TO THE NORTHERLY UNE OF
VALLCO PARKWAY (110 FEET WIDE);
(lO)
THENCE ALONG SAID NORTHERLY UNE NORTH 88*54'46" EAST, 79.99 FEET;
(1 ~-) THENCE ALONG THE ARC OF A TANGENT CURVE, CONCAVE TO THE souTH HAVING A RADIUS OF
685.00 FEET, THROUGH A CENTRAL ANGLE OF 03' 50'53" FOR .A DISTANCE OF 46.00 FEET;
(131 THENCE LEAVING SAiD NORTHERLY LANE SOUTH 01 °05'14" E~ST, 414.46 FEET;
(14) THENCE SOUTH 88 ° 54'46" WEST. 835.00 FEET TO THE WESTERLY LIN. E OF WOLFE ROAD;
(15) THENcE ALONG SAID LINE sOLrTH 01°05'14" EAST' 112' 12 FEET;
(16) THENCE SoUTH 89 °36'00" WEST, 11.00 FEET; ..
(17) THENCE SOUTH 01 °05'14" EAST, 5_L_~04 'FEET TO THE TRUE poINT OF B. EGINNING.
CONTAINING A TOTAL AREA OF 80.14 ACRES'MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE MONUMENT LINE OF WOLFE P, OAD SHOWN
NORTH 01 ° 05'14" WEST ON THAT C~KTAIN PARCEL MAP REcoRDED IN BOOK 325 OF' MAPS AT PAGE 1
SANTA CLARA COUNTY RECORDS.
ATTACHMENT 2
ATTACHMENT 3
Land Use Map '""i"iii'*'"'" .....
The City Of Cupertino .,.....* '-* * '.'*'.','.***,'.'.'.'.:.....,.
iii '":':'"'::::':
Legend
Residential:
J~ Ve~ Low:
~ .Ver~ LOw
Commercial / Residential
Office / Indust~ / '
Commemial / Residential
Comme~al / Office / Residential
Private Open Space
~ Public Open Space
~-~ Quasi-Public / Institutional
~ Private Racmational
Ve~ Low ~o ~m ~ Industrial I ~e~Clential
~'.
Lo~. 1-SD.UJGr. A~ ~ Office o~,.~ ~J~ P~
Med~ow: 5-10 O.UJGr-~. ~ ' [?L": ' ~' ' ~ Public F~l~es 0 RreS~Uon
. .. *....' . . :..~.~.~. :.. '
~ ~ed~igh: 10-20 D.UJGc ~; -?~---?:~,~.~e'~aa'Bound~ Speci~ P~nning Ama
High:20-~5'D.U~r-~. ....~,. · .
ATTACHMENT NO. 4
PROPOSED PUBLIC IMPROVEMENTS
The following public improvements are antidpated to be provided in the
Project Area:
1. Streets and Roadways
The construction, reconstruction, widening or other
improvement of streets and roadways within or serving the
Project Area;
The installation or modernization of traffic signals on streets
and roadways within or serving the Project Area; and
The construction, reconstruction or other improvement of
curbs, gutters and sidewalks within or serving the Project Area.
2. Water. Sewer and Flood Control
ao
The installation of new, or repair or replacement of existing,
water/sewer and storm drainage systems and lines within or
serving the Project Area.
a. The .construction, reconstruction or other improvement
parking facilities within or serving the Project Area.
of
4. Streetscape and Street Lightin~
The installation of new, or repair or replacement of existing,
landscaping and irrigation, street Hghting, 'gateways and other
signage, street furniture, trash receptacles, planters, murals and
other amenities within or serving the Project Area.
........ · ......,,-- A~chment No. 4 11/29/99
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a mae and correct copy of Ordinance No. /f,f'D , which
enacted on ~ ~2/; &ooO , and that it has
was
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~OCh day of ~ ,200_6.
KIMBERLY SMITH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinancc ccrtificatc