January 6, 2004

SUBJECT: Fourth Amendment to the Central Core Redevelopment Plan.

REPORT IN BRIEF

The Redevelopment Plan for the Central Core Redevelopment Project was adopted in 1975. The Redevelopment Agency of the City of Sunnyvale is now proposing to amend the Plan in order to reinstate eminent domain authority for a period of twelve years on non-residential properties in the Central Core Redevelopment Project Area, excluding properties on which persons reside. The Agency will also amend the Plan to clarify that the Plan will be in conformance with the City’s General Plan and the Downtown Specific Plan as they currently exist and as they may be amended in the future. The proposed Amendment would further the Agency’s efforts to alleviate blight and enhance the economic vitality of the Project Area.

On December 16, 2003, the Agency Board and the City Council conducted a joint public hearing on the proposed Fourth Plan Amendment. Prior to the joint public hearing the Agency and City Council received written comments on the proposed amendment. Redevelopment Law requires the City to prepare written findings and responses to each written objection received. Upon completion of the public hearing on December 16, 2003, the final action of the Agency Board and the City Council was deferred to the January 6, 2004 meeting in order to respond in writing to the written comments received.

Staff recommends that the City Council: (1) adopt the attached resolution adopting written findings and responses to comments received in connection with the adoption of the Plan Amendment and (2) adopt the attached ordinance adopting the Fourth Plan Amendment to the Central Core Redevelopment Plan.

BACKGROUND

The Sunnyvale City Council adopted the Redevelopment Plan for the Central Core Redevelopment Project on November 26, 1975, establishing approximately a 184-acre redevelopment project area.

On November 11, 2003, the Sunnyvale City Council and the Sunnyvale Redevelopment Agency Board authorized a joint public hearing to consider adoption of a proposed amendment to the Central Core Redevelopment Plan. The proposed amendment will conform the land uses in the Redevelopment Plan to the recently amended General Plan on June 17, 2003 and the newly adopted Downtown Specific Plan on October 14, 2003 and will reinstate the Agency’s eminent domain authority over non-residential properties.

The plan amendment was referred to the Planning Commission on November 24, 2003, in which the Planning Commission adopted a resolution recommending that the City Council adopt the Plan Amendment, finding that the proposed Plan Amendment conforms to the General Plan.

A community meeting was held on December 3, 2003 in order to explain the proposed plan amendment and answer questions that property owners, business owners and residents may have. 

On December 16, 2003, the Agency Board and the City Council conducted a joint public hearing on the Plan Amendment. Prior to the joint public hearing the Agency and City Council received written comments to the Plan Amendment. Upon completion of the joint public hearing on December 16, 2003, the final action was deferred to the January 6, 2004 meeting in order to respond in writing to the written comments received. 

DISCUSSION

One purpose of the proposed Plan Amendment is to reinstate the deadline for commencement of eminent domain proceedings by the Agency over non-residential property within the Central Core Redevelopment Project Area for twelve years. Although the Plan has authorized eminent domain within the project area since its adoption in 1975, the Redevelopment Plan, as previously amended in 1986, currently contains a time limit of December 30, 1998 for eminent domain proceedings with respect to property within the project area. The proposed Plan Amendment would provide for twelve years of eminent domain authority over non-residential properties, which is the maximum number of years allowed under Redevelopment Law.

The second purpose of the Plan Amendment is to conform the land uses under the Redevelopment Plan to the land uses in the recently amended General Plan and Downtown Specific Plan as they currently exist, and as they may be amended in the future.

On December 16, 2003, the Agency Board and the City Council conducted a joint public hearing on the proposed Fourth Plan Amendment. The Fourth Plan Amendment Report provided comprehensive background information on the proposed Plan Amendment (RTC #03-443 and RDA #03-015). Each chapter of the report corresponded with the listed Redevelopment Law requirements. Prior to the joint public hearing the Agency and City Council received written comments on the proposed amendment. Redevelopment Law requires the City to prepare written findings and responses to each written objection received. Upon completion of the joint public hearing on December 16, 2003, the final action of the Agency Board and the City Council was deferred to the January 6, 2004 meeting in order to respond in writing to the written comments received.

The attached resolution with the accompanying document constitutes the written findings and responses of the City Council, prepared in accordance with the requirements of the Redevelopment Law.

Each substantive comment has been assigned a reference identification number in the margin next to the comment. The written findings and responses are organized according to those reference identification numbers.

By approving the attached resolution, the City Council shall make the findings that the attached Findings adequately address the written comments received in connection with the Plan Amendment and that the City Council has reviewed and considered the information contained in the Findings prior to approving the Amendment.

ENVIRONMENTAL REVIEW

The City has previously prepared a Program Environmental Impact Report (“the Program EIR”) pursuant to the California Environmental Quality Act (“CEQA”) to consider and analyze the environmental impacts related to adoption of amendments to the Land Use and Transportation Element of the General Plan, the Downtown Specific Plan and the Zoning Code. The Program EIR was certified by the Council at its June 17, 2003 meeting (Resolution No. 123-03), where Council found that it presented an adequate and extensive assessment of the environmental impacts of the Project, and adopted a statement of overriding considerations related to certain impacts on traffic and air quality, and adopted a mitigation monitoring program.  The Program EIR will serve as the required environmental documentation pursuant to CEQA for the Fourth Plan Amendment. Any action to be taken pursuant to the Fourth Plan Amendment will be subject to environmental review at such time as it is proposed.

FISCAL IMPACT

The provision of eminent domain authority for the Agency will enable the Redevelopment Agency to implement the goals of the Redevelopment Plan and should have a positive financial impact on the Redevelopment Project Area and those properties located within the Project Area.  It is estimated that the Plan Amendment process will cost approximately $20,000 in consulting, legal fees, noticing costs, and related items.  Sufficient funds to pay for these costs are included in the Agency’s FY 2003/2004 Operating Budget and Project 814950.

PUBLIC CONTACT

Public contact was made through posting of the agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page and the availability of the report in the Library and the City Clerk’s Office. Notices were sent to all property owners, business owners and residents in the Redevelopment Area (approximately 2100 notices by first class mail), affected taxing entities (by certified mail) and notice was published three consecutive weeks in the local newspaper, The Sun, as required by Redevelopment Law. The notice informed persons of the Community Meeting held on December 3, 2003 at 7:00 p.m. in the Council Chambers and of the joint public hearing with the City Council/Redevelopment Agency on December 16, 2003 at 7:30 p.m. in the Council Chambers to consider adoption of the Plan Amendment.

Upon completion of the joint public hearing on December 16, 2003, it was stated that the final action is to be deferred to the January 6, 2004 meeting in order to respond in writing to the written comments received.

ALTERNATIVES

1. Adopt the attached resolution and ordinance approving written findings and responses to comments received in connection with the adoption of the Plan Amendment and approving the Fourth Plan Amendment to the Central Core Redevelopment Plan.

2. Do not adopt the attached resolution and ordinance approving the fourth plan amendment to the Redevelopment Plan.

RECOMMENDATION

Staff recommends that the City Council approve Alternative #1.

Prepared by:

Brice McQueen
Redevelopment Manager

Reviewed by:

Mary J. Bradley
Director, Finance Department 

Reviewed by:

Robert Paternoster
Director of Community Development

Approved by:

Amy Chan
Acting City Manager