Ord 2154 - Health and Safety Code Section 33342.7 Adopting a description of the program for the acquisition of real property by eminent domainORDINANCE 2154
ORDINANCE OF THE TOWN OF LOS GATOS PURSUANT TO RECENTLY ENACTED
HEALTH AND SAFETY CODE SECTION 33342.7, ADOPTING A DESCRIPTION OF THE
PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR
THE REDEVELOPMENT PLAN OF THE CENTRAL LOS GATOS PROJECT AREA, AND
APPROVING RELATED ACTIONS
WHEREAS:
A The Town Council of the Town of Los Gatos adopted the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area by Ordinance No. 1882, dated November
18, 1991, as amended by Ordinance 1992, adopted on December 5, 1994, and as further
amended by Ordinance No. 2120, adopted on October 20, 2003 (the "Plan"), establishing
the Central Los Gatos Redevelopment Project Area (the "Project Area").
B. The Project Area is situated in the Town of Los Gatos, State of California, and is more
particularly described on Exhibit _attached to the Plan, recorded as Document No.
in Book L955 at pages 1734 on December 5, 1991, with the County Recorder of
the County of Santa Clara.
C. The Plan authorizes the use of eminent domain under specified circumstances to acquire
real property by the Town of Los Gatos Redevelopment Agency (the "Agency").
D. SB 53 added Health and Safety Code section 3342.7 to the Community Redevelopment
Law, which requires the Town Council to adopt by ordinance a description of the
Agency's program to acquire real property by eminent domain.
E. The Agency has prepared the required description of its real property acquisition program
(the "Acquisition Program"), which is attached to and incorporated in this Ordinance as
Exhibit A.
F. Town staff has prepared and placed on file with the Clerk Department of the Town a
CEQA Notice of Exemption for this Ordinance.
G. SB 1809 added Health and Safety Code section 33373(c) to the Community
Redevelopment Law, which requires the Agency to record a revised Statement of
Institution of Redevelopment Proceedings, which includes a description of the Agency's
program to acquire real property by eminent domain (the "Revised Statement").
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H. Agency staff has prepared the Revised Statement and placed it on file with the Clerk
Department of the Town.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:
Section 1. The Town Council hereby finds and determines that the above recitals are
true and correct.
Section 2. The Town Council hereby finds and determines that the adoption of this
Ordinance is required by law and is thus necessary and desirable
Section 3. In substantial compliance with Health and Safety Code section 33342.7,
the Town Council hereby approves and adopts the description of the Agency's Acquisition
Program for the Project Area, as set forth in the attached Exhibit A.
Section 4. The Town Council hereby approves the CEQA Notice of Exemption for
this Ordinance and directs the Town Manager/Agency Executive to file the Notice of Exemption
with the County Clerk of the County of Santa Clara.
Section 5. The Town Council hereby approves the Revised Statement. The Town
Manager/Agency Executive Director is hereby authorized and directed to record the Revised
Statement in the official records of the County Recorder of the County of Santa Clara in
compliance with Health and Safety Code section 33373(c).
Section 6. The Clerk Administrator of the Town is hereby directed to file a copy of
this Ordinance, the CEQA Notice of Exemption, and the Revised Statement with the minutes of
this meeting and with the Agency.
Section 7. In the event that any part of this ordinance is held to be invalid, the invalid
part or parts shall be severed from the remaining portions which shall remain in full force and
effect.
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Section 8. This Ordinance was introduced at a regular meeting of the Town Council
of the Town of Los Gatos on September 4, 2007, and adopted by the following vote as an
Ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los
Gatos on September 17, 2007. This Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor
Joe Pirzynski
NAYS: None
ABSENT:
ABSTAIN:
ATTE
TOV1 CLER OF THE TOWN OF LOS GA S
LOS GAT CALIFORNIA
SIGNED: eo�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:WA=R\COUNCIL\0Nm.c,,\ORD 2154 Emin w D..nn. ,d
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N.:
PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY
Except as specifically exempted herein, the Agency may acquire, but is not required to
acquire, any real property located in the Central Los Gatos Redevelopment 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 the Redevelopment Plan for the Central Los Gatos
Redevelopment Project (the "Plan") for the power of eminent domain to be employed by the
Agency to acquire real property in the Project Area which cannot be acquired by gift, devise,
exchange, purchase or any other lawful method; except when:
a) The Agency may not acquire by eminent domain single-family residential
dwellings which are located upon R-1 (Single -Family Residential) and R -ID (Single -Family
Residential Downtown) zoned properties as defined by the Los Gatos Zoning Ordinance on the
date the ordinance adopting the Plan becomes effective.
b) 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.
C) The Agency shall not acquire real property on which an existing building is to be
continued on its present site and is its present form and use without the consent of the owner
unless:
1) Such building requires structural alteration, improvement, modernization
or rehabilitation;
2) The site, or lot on which the building is situated, requires modification in
size, shape or use; or
3) It is necessary to impose upon such property any of the controls,
limitations, restrictions and requirements of the Plan, and the owner fails or refuses to execute a
participation agreement in accordance with the provisions of the Plan.
d) The Agency is not authorized to acquire real properly 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.
The Agency must commence eminent domain proceedings by not later than December 15,
2015.