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Ord 1882 - Approving and Adopting the Redevelopment Plan for the Central Redevelopment ProjectRECORDED: DECEMBER 5, 1991 BOOK L955 -PAGE 1734 ORDINANCE 1882 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT WHEREAS, the Town Council of the Town of Los Gatos (the "Council ") has received from the Redevelopment Agency of the Town of Los Gatos (the "Agency ") the proposed Redevelopment Plan (the "Plan") for the Central Los Gatos Redevelopment Project (the "Project "), as approved by the Agency, a copy of which is on file at the office of the Agency at 110 East Main Street, Los Gatos, California, and at the office of the Town Clerk, Town Hall, 110 East Main Street, Los Gatos, California, together with the Report of the Agency including the reasons for the selection of the Project Area, a description of the physical, social and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of property owners and tenants who may be temporarily or permanently displaced from the Project Area, an analysis of the Preliminary Plan, the report and recommendation of the Planning Commission of the Town of Los Gatos (the 'Planning Commission "), an Environmental Impact Report on the Plan, the report of the Fiscal Review Committee and the Agency's analysis thereof and a neighborhood impact report; and WHEREAS, the Planning Commission has submitted to the Council its report and recommendations for approval of the Plan, and its certification that the Plan conforms to the General Plan of the Town of Los Gatos; and WHEREAS, the Council and the Agency held a joint public hearing on November 12, 1991, on adoption of the plan and on certification of the Final Environmental Impact Report on the Plan, in the Town Council Chambers, 110 East Main Street, Los Gatos, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Los Gatos Weekly- Times, a newspaper of general circulation in the Town of Los Gatos, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the Town Clerk and the Agency; and 1 WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested 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 certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Agency has prepared and submitted a program for relocation of persons and businesses who may be displaced as a result of carrying out the Project in accordance with the Plan; and WHEREAS, the Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the Town for the relocation of families and persons who may be displaced by the Project, and in the light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and WHEREAS, the Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Plan and its economic feasibility, the feasibility of the relocation program and the Final Environmental Impact Report, 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 Plan; and WHEREAS, the Council has reviewed and considered the Final Environmental Impact Report for the Plan, prepared and submitted by the Agency pursuant to Public Resources Code Section 21151 and Health and Safety Code 33352, determined that the Plan will not have a significant effect on the environment and adopted mitigation measures as set forth in Town Council Resolution No. 1991 -247, adopted on November 18, 1991. RDV\ords \apprv. Prj 2 THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I That the purpose and intent of the Council with respect to the Project Area is to accomplish the following: a. Eliminate blighting influences and correct environmental deficiencies in the Project Area, including, among others, mixed and shifting land uses, obsolete and aged building types, incompatible and uneconomic land uses, and inadequate or deteriorated public improvements; b. Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; C. Replan, redesign and develop undeveloped areas which are stagnant or improperly utilized; d. Provide opportunities for participation by owners and tenants in the revitalization of their properties; e. Strengthen retail and other commercial functions in the Project Area; f. Strengthen the economic base of the Project Area and the community by installing needed site improvements to stimulate new commercial /light industrial expansion, employment and economic growth; g. Provide adequate land for parking and open spaces; h. Establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project; L Expand and improve the community's supply of low- and moderate - income housing. RDV\ords \apprv.Prj 3 SECTION II The 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 se q.). This finding is based upon the following conditions which characterize the Project Area: (1) The existence of unfit or unsafe buildings and structures due to age, obsolescence, faulty exterior spacing, incompatible land uses, and earthquake damage; (2) The existence of properties which suffer from economic dislocation, deterioration and disuse because of: inadequate and earthquake damaged public improvements, facilities, utilities and open spaces, including inadequate traffic circulation, sidewalks, curbs, gutters, street lights, parking, storm drains and lots (parcels) of irregular form, shape and size which cannot be remedied with private or governmental action without redevelopment; (3) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable; (4) A prevalence of economic maladjustment evidenced by depreciated values and a stagnation in retail sales due in part to dislocation caused by the 1989 Loma Prieta Earthquake. It is further found and determined that such conditions are caused and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the Town, which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the Town and the State. This finding is based on the fact that governmental action available to the Town without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the RDV\ords \apprv.Prj 4 capacity of the Town and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. b. The 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 and providing for higher economic utilization of potentially useful land. C. The adoption and carrying out of the Plan is economically sound and feasible. This finding is based on the fact that under the 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 under the Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity. d. The Plan conforms to the General Plan of the Town of Los Gatos. This finding is based on the finding of the Planning Commission that the Plan conforms to the General Plan of the Town of Los Gatos. e. The carrying out of the Plan will promote the public peace, health, safety and welfare of the Town of Los Gatos and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area. f. The condemnation of real property, as provided for in the Plan, is necessary to the execution of the 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 RDV\ords \apprv.Prj 5 that the provisions of the Plan will be carried out and to prevent the recurrence of blight. g. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based on the fact that the Plan does not authorize the Agency to acquire property zoned R -1 (Single- Family Residential) and R -11) (Single - Family Residential Downtown) at the time of adoption of the Plan and in the event any residential displacement does occur, the Plan provides for relocation assistance according to law. h. There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that the Plan does not authorize the Agency to acquire property zoned R -1 (Single - Family Residential) and R -11) (Single - Family Residential Downtown) at the time of adoption of the Plan and in the event any residential displacement does occur, no person or family will be required to move from any dwelling unit until suitable replacement housing is available. L Inclusion of any lands, buildings or improvements 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 solely for the purpose of obtaining the allocation of tax increment revenues from 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 lands that were under utilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Plan. RDV\ords \apprv. Prj 6 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 existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low- and moderate- income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities. k. The effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. This finding is based on the following facts: (1) pursuant to Health and Safety Code Section 33676, any affected taxing agency may elect, and every school and community college district shall elect, to be allocated a portion of the tax revenues allocated to the Agency and attributable to tax rate increases imposed for the benefit of such taxing agency or assessed value increases calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code; (2) tax increment revenue allocated to the Agency from the Project Area is a relatively small percentage of each affected taxing agency's total property tax revenue; and (3) the Agency will make payments to affected taxing agencies which are necessary and appropriate to alleviate any financial burden detriment caused to such taxing agencies by the Project. 1. The Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs of the Town as a whole, for the redevelopment of such area by private enterprise. M. The Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. RDV\ords \apprv.Prj 7 SECTION III The Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced, if any and that pending the development of the facilities, there will be available to the displaced occupants,if any adequate temporary housing facilities at rents comparable to those in the Town of Los Gatos at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. SECTION IV The Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been adopted in response to each written objection of an affected property owner or taxing entity which has been filed with the Town Clerk either before or at the noticed public hearing. SECTION V That certain document entitled "Redevelopment Plan for the Central Los Gatos Redevelopment Project," the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the Town Clerk, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official "Redevelopment Plan for the Central Los Gatos Redevelopment Project." RDV\ords \apprv.Prj 8 SECTION VI In order to implement and facilitate the effectuation of the Plan hereby approved, this Council hereby (a) pledges its cooperation in helping to carry out the Plan, (b) requests the various officials, departments, boards and agencies of the Town 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 of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the Town under the provisions of the Plan. SECTION VII The Town Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Plan. SECTION VIII The Town Clerk is hereby directed to record with the County Recorder of Santa Clara County 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 IX The Town Clerk is hereby directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 8 of this Ordinance, a copy of the Ordinance and a map or plat indicating the boundaries of the Project Area, to the auditor RDV\ords \apprv.Prj 9 and assessor of the County of Santa Clara, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area and to the State Board of Equalization. SECTION X SEVERABILITY. If any part of this Ordinance or the 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 Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Plan if such invalid portion thereof had been deleted. RDV\ords \apprv.Prj 10 SECTION XI This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 18, 1991, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a adjourned regular meeting of the Town Council on November 25, 1991. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Eric D. Carlson NAYES: None ABSENT: Brent N. Ventura ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A'T'TEST: � '3y CLERK OF THE TOWN OF GATOS LOS GATOS, CALIFORNIA RDV\ords \apprv.Prj 11 H. [ §316] Demolition, Clearance, and Building and Site Preparation 1. [ §317] Demolition and Clearance I 2. [ §318] Preparation of Building Sites I. [ §319] Property Disposition and Development ' 1, [ §320] Real Property Disposition and Development a. [ §321] General b. [ §322] Disposition and Development Documents C. [ §323] Development by the Agency d. [ §324]. Development Plans 2. [ §325] Personal Property Disposition J. [ §326] Rehabilitation, Conservation. and Moving of .Structures 1. [ §327] Rehabilitation ' and Conservation 2. [ §328] Moving of Structures j K [ §329] - Low -and Moderate - Income Housing `. 1. [ §330] Replacement Housing . 2. [ §331] Increased and Improved Housing i Supply IV. [ §400] I USES PERMITTED IN THE PROJECT AREA A. [ §401] Redevelopment Land Use Map B. [ §402] . - Designated Land Uses 1. [ §403] Residential Uses 2. [ §404] Commercial Uses 3. [ §405] Commercial /Industrial Uses _..--- ,......___. _._...:. . 4. [ §406] Office Uses RDV\reports\plan 31 G. [ §429] Specific Planning Areas V. [ §500] METHODS OF FINANCING THE PROJECT A. [ §501] General Description of the Proposed Financing Method B. [ §502] Tax Increment Funds C. [ §503] . Other Loans and Grants VI. [ §600] ACTIONS BY THE TOWN. VII. [ §700] ENFORCEMENT VIII. [ §800] DURATION OF THIS PLAN IX. [ §900] i PROCEDURE FOR AMENDMENT i ATTACHMENTS Attachment No. 1 Legal Description of the Project Area Boundaries Attachment No. 2 Project Area Map Attachment No. 3 Redevelopment Land Use Map i Attachment No. 4 Proposed Public Improvements RDV\reports \plan iv i C. The replanning, redesign and 'development of undeveloped areas which are : stagnant or improperly utilized. D. The providing of opportunities for participation by owners and tenants in the revitalization of their properties. E. The strengthening of retail and other commercial functions in the downtown area. F. The. strengthening of the economic base of the Project Area and' the community by the installation of needed site improvements to stimulate new commercial /light industrial expansion, employment and economic growth. G. The provision of adequate land for parking and open spaces. H. The establishment and implementation' of performance criteria to assure high site design standards and environmental quality and - -ther design elements which provide unity and integrity to the entire Project. I. The expansion and improvement of the community's supply of low- and moderate- income housing. II. [ §200] 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. III. [ §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: 1. The acquisition of certain real property; . 2. The demolition or removal' of certain buildings and improvements; 3. Providing for participation by owners and tenants presently located in the Project Area and the extension of preferences to business occupants and other tenants desiring to remain or relocate within the redeveloped Project Area; 4. The management of any property acquired by -and under t he- owne -r -ship and control of the Agency; 5. Providing relocation assistance to displaced Project occupants; RDV\reports \plan 2 factors to be considered in establishing these priorities and preferences. may include a participant's length of occupancy in the area, . accommodation of as many participants as possible, similarity of land use, the necessity to assemble sites for integrated, modern development, conformity of a participant's proposal with the intent and objectives of this Plan, and service to the community of a participant's proposal. In addition to opportunities for participation by individual persons and firms, participation shall be available for two or more persons, ' rms . or institutions to join together in partnerships, corporations or other joint entities. Participation opportunities shall necessarily be subject to and limited by such factors as: (1) the elimination and changing of some land uses; (2) the construction, widening or realignment of some streets; (3) the ability of participants to finance acquisition and development or rehabilitation in accordance with this Plan; (4) the reduction in the total number of individual parcels in the Project Area; and (5) the construction or expansion of public facilities. - . 3. [ §305] Participation Agreements 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 who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. 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 fails 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] . Conforming Owners 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 requitdih6fnts 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 RDV\reparts \plan 4 .. { effective. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date the ordinance adopting this Plan becomes effective:, The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the ownerfully 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; (b) 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 authorized 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. 2. [ §310] Personal Property 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] PropeLty Management 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. [ §312] Payments to Taxing Agencies to Alleviate Financial Burden In any year during which it owns property in the Project Area, the Agency is - authorized, but not required, to pay directly to any city, county, city and county, district, including, but not limited to, a school district, or other public, RDV\reports \plan 6 i H. [ §316] Demolition, Clearance, and Building and Site Preparation 1. [ §3.17] 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 Building Sitea 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, parks, playgrounds and other public improvements necessary to carry out this Plan. 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, public and other uses provided in this Plan. Prior consent of the Town 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 provide. I. [ §319] Prope M Disposition and Development 1. [ §320] Real Property Disposition and Development a. [ §321] Genera 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 containing buildings or structures rehabilitated by the Agency 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 Town and, where beneficial to the Project Area, without charge to any public body. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private __ persons or entities for development for the uses permitted in ths-Plan: - - RDV\reports\plan 8 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 Agency may enter into contracts, leases and agreements with the .Town or other public body or entity pursuant to this Section 323, and the obligation of the Agency under such contract, lease or agreement shall 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 (b) of . Section 33670 of the Community Redevelopment Law and Section 502 of this Plan or out of any other available funds. d. [ §324] Development Plans All development plans (whether public or private) shall•be submitted to the Agency for approval and architectural review. All development in the Project Area must conform: to Town design review standards. 2. [ §325] Personal 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] Rehabilitation, Conservation and Moving _of Structures 1. [ §327] Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or_structure_in -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. RDV\reports\plan 10 f.. Acquire buildings or structures; g. Rehabilitate buildings or structures; j h. Provide subsidies to or for the benefit of persons or families of very low, low or moderate income; and L Develop plans, pay principal and interest . on bonds, loans, advances or other indebtedness or pay financing or carrying charges. j. Preserve the availability to lower income households of affordable housing units in 'housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. s IV. [ §400] A. RDV\ reports \plan The Agency may use these funds to meet, in whole or in part,, the replacement housing provisions in Section 330 above. These funds may be used inside or outside the Project Area provided, however, that funds may be used outside the Project Area only if findings of benefit to the Project are made as required by said Section 33334.2 of the Community Redevelopment Law. 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 Fund. USES PERMITTED IN THE PROJECT AREA [ §401] Redevelopment Land Use Map . 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 proposed land uses to be permitted in the Project for all land -- public, semi- public and private. [ §402] Designated Land Uses 1. [ §403] Residential Uses The areas shown on the Redevelopment Land Use Map (Attachment Na. 3) for residential uses shall be used for the residential uses set forth and described in the Town's General Plan. 12 a. A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access, vehicular parking and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety and aesthetics; and C. The potential need to serve not only the Project Area and new or existing developments but to also serve areas outside the Project 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. 2. [ 9411] Other Public, Semi- Public. Institutional and Nonprofit Uses In any area shown on the Redevelopment Land Use Map (Attachment No. 3), the Agency is authorized to permit 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 this 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. 3. [ §412] Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit 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. [ §413] Nonconforming 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 us e 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 RDV\reports \plan 14 0 7. 1.3 0 10. 11. 12. [ §420] Open Spaces, Landscaping, Light Air and Privy ( 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 developed in the Project Area to ensure optimum use of living plant material. Sufficient space shall be maintained between buildings in all areas to provide adequate light, air and privacy. [ §421] Suns All signs shall conform to Town sign ordinances as they now exist or are hereafter amended. Design of all proposed new signs shall be submitted to the Agency and /or Town prior to installation for review and approval pursuant to the procedures of this Plan. [ §422] Utilities The Agency shall require that all utilities be placed underground whenever physically and economically feasible. [ §423] Incompatible Use No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor or similar factors would be incompatible with the surrounding areas or structures shall be permitted in any. part of the Project Area. [ §424] Nondiscrimination and Nonsegre ation 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. [ §425] Subdivision of Parcels No parcel in the Project Area, including any parcel retained by a participant, shall be subdivided without the approval of the Agency. [ §426] Minor Variations Under exceptional circumstances, the Agency -is- au 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: ROV\reports \plan 16 F. [ §428] Building Permits 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 made and processed in a manner consistent with all Town requirements. 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 Town and the Agency at the time of application. G. [ §429] Specific Planning Areas The Agency may time to time designate one or more specific planning areas which will be defined by boundaries within the Project Area. A specific area plan of use and development may then be prepared and adopted and amended from time to time by the Agency for each such target area. Such specific plans adopted pursuant to this section shall be in compliance with the provisions and objectives of this Plan and shall constitute a refinement of this Plan, and any permitted development in any such area shall be controlled and restricted as to specific uses and types of permitted development as set forth in the specific area plan. There shall be no limit as to the number of specific planning areas which can be ongoing at any one time. There shall be no limit as to the size of any specific planning area. The Agency shall establish procedures relating to the preparation, review and adoption of any such specific plans,- or amendments. thereto. V. [ §500] METHODS OF FINANCING THE PROJECT A. [ §501] General Description of the Proposed Financing Method The Agency is authorized to finance this Project with financial assistance from the Town, State of California, federal government, tax increment funds, interest income, Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency -owned property or any other available source, public or private. The Agency is also authorized to obtain advances, borrow funds 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 Town until adequate. tax-increment or other funds are available, or sufficiently assured, to repay th advances and loans and to permit borrowing adequate working capital from sources other than the Town. The Town, as it is able, may also supply additional assistance RDV\reports \plan 18 Agency to finance or refinance the Project, in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes divided and allocated to the Agency pursuant to subdivision 2 of this Section 502 shall not exceed a cumulative total of $250,000,000. Such limitation shall apply whether or not bonds are issued or reimbursement agreements, loans, advances or other indebtedness is entered into. 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 bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the Town or the state, nor are any of its political 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. The amount of bonded indebtedness to be repaid in whole or in part from the allocation of taxes described in subdivision 2 above which can be outstanding at any one time shall not exceed $52,000,000. The Agency shall not establish or incur loans, advances or indebtedness to finance in whole or in part the Project beyond thirty (30) 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. C. [ §503] . Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the United States, the State of California or any other public or private source will be utilized if available. VI. [ §600] ACTIONS BY THE TOWN The Town shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the Town shall include, but not be limited to, the following: A. Institution and completion of proceedings for opening,—clo-sing,. 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'aad other public rights -o£- -way in the Project Area Such action by the RDV\reports \plan. 20 j VIII.[ §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 forty (40) years from the date of adoption of this Plan by the Town Council. IX. [ §900] PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established' in Sections 33450 -33458 of the Community Redevelopment Law or by any other procedure hereafter established by law. A0V\reports \p1an 22 Bella Vista Avenue for a distance of 236 feet, more or less, to the easterly right-of-way of Bella Vista Avenue, thence southerly, along said right -of -way to the northerly right -of -way of Saratoga Avenue, thence easterly along said northerly right-of-way across Los Gatos Boulevard to the easterly right -of -way of Los Gatos Boulevard, thence southerly along said. easterly right -of -way to the northerly right -of -way of Stacia Street, thence easterly along said northerly right -of -way to the easterly right -of -way of Whitney Avenue, thence southerly along said easterly right - of-way to the northerly right -of -way of Loma Alta Avenue, thence southeasterly along said northerly right -o£ -way for a distance of 1,848 feet, more or less to a point opposite a common side property line of parcels fronting on Loma Alta Avenue and Cypress Street, thence south along said common property line to the southerly right -of -way of Cypress Street, thence westerly along said right -of -way to the southerly right -of -way of Johnson Avenue, thence northwesterly along said southerly right -of -way to the rear property line of parcels fronting on Johnson Hollow, thence southwesterly along said property lines to the rear property line of parcels fronting on the southerly right -of -way, of Johnson. Avenue, thence northwesterly along said rear property lines for a distance of 1,778 feet, more or less, to a common side property line of parcels fronting on Johnson Avenue, thence northeasterly along said common property line to the southerly right -of -way of Johnson Avenue, thence northwesterly along said southerly right -of -way to the southeasterly right-of-way of Los Gatos Boulevard, thence southwesterly along the southeasterly right -of -way of Los Gatos Boulevard. to Alpine Avenue, across Alpine Avenue to the j southerly right -of -way of East Main Street, thence westerly along said right -of -way to the easterly right -of -way of Jackson Street, thence southerly along said easterly right -of -way to a point opposite the southeasterly right -of -way of Oak Hill Way, thence across Jackson Street southwesterly along said right -of -way to the northerly right -of -way of Grove Street, thence westerly across Oak Hill Way to a point opposite the northerly right -of -way of Grove Street, thence southerly along the westerly right -of -way of Oak Hill Way for distance of i 120 feet, more or less, to a common side property line of parcels fronting on Oak Hill Way, . thence westerly along said common property line to the rear property line of said parcels, thence northerly along the rear property line for a distance of 217 feet, more or less, to the common side property lines of parcels fronting on Kimble Avenue, thence westerly along said property line to the westerly right -of -way of Kimble Avenue, thence along said right -of -way northerly to the rear property line of parcels fronting on the southerly side of Cleland Street, thence westerly along said rear parcel lines to the westerly right -of -way of Reservoir Road, thence northerly along . said westerly right -of- -way to the southerly right -of -way of Villa Avenue, thence westerly along said right -of -way to the southerly right- of-way of College Avenue, thence southwesterly along said southerly right -of -way for a distance of 1,893 feet, more or less, to a point opposite a common side property line, thence northwesterly across College Avenue, along said. common property line, across Highway 17 to the northwest corner of Santa Cruz Avenue and Wood Road, thence northerly along the westerly right - of-way of South Santa Cruz Avenue to the point of beginning. The area encompassed by said boundary is 441 acres, more or less. i I ' ■ Public Parking Facilities. i The provision of expanded and improved parking facilities in support of downtown has been identified as an essential component of the redevelopment program. Redevelopment would be used to supplement, as may be necessary, limited funding sources currently available. Specific. projects include, but are not limited to the following: A. Parking District Reimbursement B. Hazardous Waste Removal, Parking Lot No. 4 C. Construction of additional parking facilities ■ Public Transit Facilities Provision has been. made in the proposed redevelopment program for the enhancement of transit facilities in support of private development and downtown revitalization such as Transit Stops, Right -of -way and Relocation. MMISC \IMPROVE .