ORDINANCE NO. 2742-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING AND ADOPTING A FOURTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CORE REDEVELOPMENT PROJECT AREA

WHEREAS, the City Council of the City of Sunnyvale has adopted the Central Core Redevelopment Plan by Ordinance No. 1796-75, adopted on December 26, 1975, as amended by Ordinance No. 2200-87, adopted on January 6, 1987, as amended by Ordinance No. 2448-93, adopted on October 5, 1993, and as further amended by Ordinance No. 2493-94, adopted on December 20, 1994 (the "Redevelopment Plan") establishing the Central Core Redevelopment Project Area (the "Project Area"); and

WHEREAS, the Redevelopment Plan, as previously amended, currently contains a time limit of December 30, 1998 for commencement by the Redevelopment Agency of the City of Sunnyvale of eminent domain proceedings with respect to property within the Project Area; and

WHEREAS, pursuant to the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (the "Redevelopment Law"), the time limit may be extended only by amendment of the Redevelopment Plan and an amendment has been prepared and recommended by the Agency to reinstate the Agency's deadline for commencement of eminent domain proceedings for non-residential property in the Project Area for twelve (12) years and to conform Redevelopment Plan land uses with the recently amended General Plan and Downtown Specific Plan; and

          WHEREAS, the Agency also proposes to update the land uses in the Redevelopment Plan to incorporate recent land use changes in the City's recently amended General Plan and to provide on-going conformity with the City's General Plan; and

          WHEREAS, the Agency has determined that the proposed amendment to the Redevelopment Plan will promote the proper redevelopment of the Project Area in accordance with the goals, objectives and policies of the General Plan, Redevelopment Plan and the Redevelopment Law; and

          WHEREAS, pursuant to the Redevelopment Law, the Agency has made studies of the impact of the proposed plan amendment and has prepared and submitted to the City Council for review and adoption the proposed amendment which is incorporated in a fourth amendment to the Redevelopment Plan for the Sunnyvale Central Core Redevelopment Project entitled Fourth Amendment to the Central Core Redevelopment Plan" (the "Fourth Plan Amendment").  A copy of the Fourth Plan Amendment is on file with the City Clerk; and

          WHEREAS, the Agency has prepared and submitted to the City Council for review and adoption, and the City Council has reviewed and considered a written report on the Fourth Plan Amendment (the "Report on the Fourth Plan Amendment"), pursuant to Health and Safety Code Section 33457.1, a copy of which is on file with the City Clerk of the City of Sunnyvale; and

          WHEREAS, the Planning Commission of the City of Sunnyvale, which is the duly designated and acting official planning body of the City, has submitted to the City Council its report and recommendation dated November 24, 2003, recommending approval and adoption of the Fourth Plan Amendment and certifying that the Fourth Plan Amendment conforms to the General Plan; and

          WHEREAS, 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; and

          WHEREAS, on December 16, 2003, the City Council and the Agency conducted a joint public hearing on the Fourth Plan Amendment, which was duly noticed in accordance with the requirements of the Redevelopment Law;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1.  FINDINGS.  In accordance with California Health and Safety Code Sections 33367 and 33457.1, and based upon the evidence contained in the Report on the Fourth Amendment and other documents prepared in the plan amendment process, and on evidence presented at the public hearing, the City Council finds and determines that:

(a)   The proposed Fourth Plan Amendment is a component of and is consistent with the project analyzed in the Program EIR; therefore, no additional review is required; the Plan Amendment is subject to the Mitigation Monitoring Program adopted by the Council for the Program EIR. (see particularly Chapter II of the Report on the Fourth Amendment regarding evidence of this finding.)    

          (b)   The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purpose of the Redevelopment Law. (see particularly Chapters I, II and III of the Report on the Fourth Amendment regarding evidence of this finding.)

            (c)   The Fourth Plan Amendment would redevelop the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace, health, safety, and welfare; and the implementation of the Fourth Plan Amendment would promote the public peace, health, safety and welfare of the City of Sunnyvale, and would effectuate the purposes and policy of the Redevelopment Law. (see particularly Chapter IV of the Report on the Fourth Amendment regarding evidence of this finding.)

(d) The adoption and implementation of the Fourth Plan Amendment are economically sound and feasible. (see particularly Chapters I.C. and VIII of the Report on the Fourth Amendment regarding evidence of this finding.)

          (e)    The Fourth Plan Amendment is consistent with the General Plan of the City, including but not limited to the Housing Element of the General Plan. (see particularly Chapters I, III and IV of the Report on the Fourth Amendment regarding evidence of this finding.)

          (f)     The condemnation of nonresidential property, if any, is necessary to the execution of the Redevelopment Plan as amended by the Fourth Plan Amendment and adequate provisions have been made for payment of property to be acquired as provided by law. (see particularly Chapter VI of the Report on the Fourth Amendment regarding evidence of this finding.)

          (g)    The Agency has a feasible method or plan for the relocation of any persons which may be displaced from the Project Area if the Redevelopment Plan as amended by the Fourth Plan Amendment may result in the temporary or permanent displacement of any occupants of non-residential properties. (see particularly Chapters I and III of the Report on the Fourth Amendment regarding evidence of this finding.)

          (h)   The matters set forth in Health and Safety Code Section 33367(d)(7) and (d)(8) are not applicable to or affected by the Fourth Plan Amendment because the Fourth Plan Amendment does not permit eminent domain of residential properties.  Additionally, the matters set forth in Health and Safety Code Section 33367(d)(9), (d)(10), (d)(11), (d)(12) and (d)(13) are not affected by the Fourth Plan Amendment and, consequently, no further findings with respect to such matters are required.

          (f)    It is hereby found and determined that in considering adoption of the Fourth Plan Amendment, the City Council previously considered all comments received during its public hearing held on December 16, 2003.

          SECTION 2.  CONTINUING PURPOSE AND INTENT.  It is the continuing purpose and intent of the City Council that the Redevelopment Plan, as amended by the Fourth Plan Amendment, be implemented in order to continue to:

          (a)   Eliminate the conditions of blight remaining in the Project Area;

          (b)   Ensure, as far as possible, that the causes of the blighting conditions will be either eliminated or protected again;

          (c)   Encourage and ensure the redevelopment of the Project Area;

          (d)   Encourage and foster the economic revitalization of the Project Area, as necessary; and

          (e)   Provide and improve affordable housing.

          SECTION 3.  OVERRULING OF OBJECTIONS.  All written and oral objections to the Fourth Plan Amendment are hereby overruled.

          SECTION 4.  AMENDMENT ADOPTED.  It is hereby found and determined that the Fourth Plan Amendment is necessary and desirable.  The Redevelopment Plan, all amendments and restatements of the Redevelopment Plan, and all ordinances adopting or previously amending the Redevelopment Plan are hereby amended in accordance with the Fourth Plan Amendment.

          The Fourth Amendment, entitled "Fourth Amendment to the Central Core Redevelopment Plan" is hereby adopted, approved and designated as the official Redevelopment Plan for the Project Area. The Fourth Amendment is to read as set forth in "Exhibit A" attached and incorporated.  It is the purpose and intent of this City Council that the Fourth Plan Amendment be implemented in the Project Area. The Redevelopment Agency is vested with the continuing responsibility to implement the Redevelopment Plan, as amended by this Fourth Plan Amendment. 

SECTION 5.  FILING.  The City Clerk of the City of Sunnyvale is hereby directed to file a copy of the Fourth Plan Amendment (Fourth Amendment to the Central Core Redevelopment Plan) with the minutes of this meeting.

SECTION 6.  RECORDATION.  The Executive Director of the Agency is hereby directed to record the Fourth Plan Amendment in compliance with the provisions of Health and Safety Code Section 33456 and Government Code Section 27295.

SECTION 7.    SEVERABILITY.  If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or of the Fourth Plan Amendment is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Fourth Plan Amendment.

SECTION 8.  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 9.  POSTING AND PUBLICATION.  The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in an adjudicated newspaper of general circulation in the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held on January 6, 2004, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on January _____, 2004, by the following vote:

(SEAL)

Attachment